Consolidated Document number 12/VBHN-BGTVT stipulates the standards for Railway Inspection Officers and requirements for material and technical facilities of railway inspection organizations.

CIRCULAR

Regulations on the standards for Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations

Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport, stipulates the standards for railway inspection officers and requirements for the material and technical facilities of railway inspection organizations, which came into effect from July 1, 2018, has been amended and supplemented by:

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Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport, regarding the standards for railway inspection officers and requirements for the material and technical facilities of railway inspection organizations, effective from June 1, 2024

Pursuant to the Railways Law No. 06/2017/QH14 dated June 16, 2017;¹.

At the proposal of the Director of the Personnel Organization Department and the Director of the Vietnam Registration Bureau;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport issues this Circular stipulating the standards for Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations.

This Circular stipulates the standards, duties, powers, and responsibilities of Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals related to railway inspection activities.

Article 2. Applicability

This Circular applies to organizations and individuals related to railway inspection activities.

Article 3^[2]Definitions

1. Railway Inspection Officer is a person who meets the criteria set forth in this Circular and is recognized as a Railway Inspection Officer.

2. Railway Inspection Officer includes Railway Inspection Officer and Senior Railway Inspection Officer.

Chapter II. STANDARDS, DUTIES, POWERS AND RESPONSIBILITIES OF RAILWAY INSPECTION OFFICERSOF RAILWAY INSPECTOR

Article 4^[3]Standards for Railway Inspection Officers

1. For Railway Inspection Officers

a) Hold a bachelor’s degree or higher in a relevant field that meets the requirements of the position;

b) Possess basic information technology skills and be able to use foreign languages as required by their job position;

c) Complete the Railway Inspection Officer vocational training course;

d) Have a minimum of 12 months of practical training in Railway Inspection Officer vocational work. In cases where they have accumulated at least 36 months of work experience related to management, maintenance, repair, production, and assembly of railway transportation equipment (based on labor contracts and social insurance records), the minimum period of practical training in Railway Inspection Officer vocational work is 6 months.

2. For Senior Railway Inspection Officers

a) Have held the rank of Railway Inspection Officer for a minimum of 5 years;

b) Complete the Senior Railway Inspection Officer vocational training course.

Article 5^[4]Duties of Railway Inspection Officers

1. For Railway Inspection Officers

a) Participate in reviewing safety system assessment reports submitted by certification organizations concerning equipment and transportation vehicles, excluding signaling systems installed on vehicles;

b) Inspect the technical safety quality and environmental protection of railway transportation equipment and vehicles;

c) Prepare registration files for the subjects mentioned in points a and b of Clause 1 of this Article;

d) Calculate various types of fees and registration charges according to the provisions of the law;

đ) Guide internships for students who have completed Railway Inspection Officer vocational training courses;

e) Participate in training and evaluating the professional capabilities of students and Railway Inspection Officers;

g) Perform other tasks when requested.

2. For Senior Railway Inspection Officers

a) Senior Railway Inspection Officers perform the duties of Railway Inspection Officers as stipulated in Clause 1 of this Article;

b) Participate in supporting the analysis and determination of causes of railway traffic accidents involving transportation vehicles when requested.

Article 6^[5]Powers of Railway Inspection Officers

1. Request vehicle owners or design, manufacturing, construction, conversion, restoration, repair, maintenance, testing, and management facilities to provide technical documents and ensure necessary conditions for conducting inspections.

2. Reserve and report to superiors any opinions differing from the decisions of directly responsible leaders regarding technical condition assessments, suitability conclusions of reviewed, inspected, and evaluated objects.

3⁶Sign and use professional seals when preparing registration files according to regulations.

4⁷Refuse to conduct inspections if the assigned tasks exceed the recognized professional capabilities or if unsafe working conditions are observed at the site.

Article 7[^8]. Responsibilities of the Inspector

1. Shall be responsible before the leadership of the unit and before the law for the results of the assigned work.

2. Shall perform tasks in accordance with the functions, duties, and authorities of the inspection organization and the provisions of the law.

Chapter III. TRAINING PROGRAMS AND RECOGNITION OF RAILWAY INSPECTORS

Article 8^[9]. (Repealed)

Article 9^[10]. Training Program

1. The training program for railway inspectors includes:

a) Relevant regulations of Vietnamese law;

b) Functions, duties, authorities, organizational structure, and activities of the Vietnam Inspection Agency;

c) Inspection procedures and operational guidelines related to assigned tasks;

d) Quality management system according to ISO standards.

2. The training program for senior railway inspectors includes inspection procedures and operational guidelines related to tasks specified in Point b, Clause 2, Circular this.

3. Based on the content of the training programs for railway inspectors and senior railway inspectors as stipulated in Clauses 1 and 2 of this Article, the Vietnam Inspection Agency:

a) Shall issue the training program and materials;

b) Shall organize the implementation of the training program;

c) Shall issue a Decision recognizing completion of the training program.

Article 10^[11]. Recognition, Re-recognition, Issuance Again, and Revocation of the Decision Recognizing Inspectors

1. The Vietnam Inspection Agency shall organize the evaluation and recognition of inspectors; re-recognize inspectors when the Decision recognizing inspectors expires; issue again the Decision recognizing inspectors when there are errors in information on the Decision, when the Decision is lost or damaged, or when the Decision is revoked.

2. The Director of the Vietnam Inspection Agency shall have the responsibility:

a) To issue the evaluation process, recognition procedures, and issuance again of the Decision recognizing inspectors;

b) To decide on the establishment of the Recognition Committee to conduct the evaluation of inspectors;

c) To issue the Decision recognizing inspectors within fifteen (15) days from the date of the Recognition Committee's evaluation results. In cases where the Decision recognizing inspectors is not issued, a written explanation of the reasons must be provided.

3. The Decision recognizing inspectors has a validity period of five (5) years. Within three (3) months before the expiration of the Decision recognizing inspectors or when the Decision recognizing inspectors is still valid but is lost, damaged, or contains errors in information, the inspector shall report to the Vietnam Inspection Agency to organize an evaluation for re-recognition of inspectors or issuance again of the Decision recognizing inspectors as stipulated in Clauses 1 and 2 of this Article.

4. Inspectors shall have their Decision recognizing inspectors revoked in any of the following circumstances:

b) Engaging in corrupt behavior, harassment, or intentionally causing difficulties for customers during the performance of tasks.

b) Engaging in negative behavior, harassment, intentionally causing difficulties for customers during the performance of duties;

c) Not being assigned tasks as an inspector by the head of the agency or unit.

5. The Director of the Vietnam Inspection Agency shall have the responsibility to revoke the Decision recognizing inspectors in cases stipulated in Clause 4 of this Article, notify the inspector whose Decision recognizing inspectors is revoked and relevant agencies to cooperate in implementation and publish on the Vietnam Inspection Agency's website. An inspector whose Decision recognizing inspectors is revoked may only be reissued the Decision recognizing inspectors at least six (6) months from the revocation date (except in cases stipulated in Point c, Clause 4 of this Article).

Chapter IV. PHYSICAL AND TECHNICAL BASES OF THE RAILWAY INSPECTION ORGANIZATION

Article 11. Office of Railway Inspection Organization

The railway inspection organization must have an office for work and a room for storing files.

Article 12. Technical Equipment of Railway Inspection Organizations

1. In addition to common office equipment, the railway inspection organization must have at least technical inspection equipment for railway inspections, including:

a) Dimension measuring tools (wheel dimension measuring tools, micrometer, calipers, various types of rulers);

b) Temperature testing equipment;

c) Insulation testing equipment;

d)¹² (Repealed);

d) Airflow testing equipment;

e) Material thickness testing equipment;

f) Noise level testing equipment;

g) Light intensity testing equipment;

h) Single car brake testing equipment;

k)¹³ (Repealed).

2¹⁴The calibration and verification of technical inspection equipment for railway inspections shall be carried out in accordance with current laws.

Chapter V. IMPLEMENTING PROVISIONS¹⁵

Article 13. Effective Date

1. This Circular takes effect from July 1, 2018.

2. Circular No. 40/2015/TT-BGTVT dated July 31, 2015 of the Minister of Transport on standards, duties, and powers of railway traffic vehicle inspectors shall cease to be effective from the date this Circular takes effect.

Article 14. Transitional Provisions

1¹⁶. (Repealed).

2. Railway inspectors over 50 years old who are currently railway inspectors before this Circular takes effect shall be exempted from language certification when their qualifications are reviewed.

Article 15. Reference Provisions

In case the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacement document or the amended document.

Article 16. Responsibility for Implementation

1. The Vietnam Registration Agency is responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Registration Agency, the Heads of agencies, organizations, and individuals related to this matter are responsible for enforcing this Circular./.

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¹ Circular No. 08/2024/TT-BGTVT dated April 4, 2024 of the Minister of Transport amending and supplementing some articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018 of the Minister of Transport on standards for railway inspectors and requirements for material and technical facilities of railway inspection organizations is based on the following grounds:

“Pursuant to the Railway Law dated June 16, 2017;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport issues this Circular stipulating the standards for Railway Inspection Officers and requirements for the material and technical facilities of railway inspection organizations.

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018 of the Minister of Transport on standards for railway inspectors and requirements for material and technical facilities of railway inspection organizations.”

² This provision is amended and supplemented pursuant to Clause 1, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024 of the Minister of Transport amending and supplementing some articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018 of the Minister of Transport on standards for railway inspectors and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024.

³ This provision is amended and supplemented pursuant to Clause 2, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024 of the Minister of Transport amending and supplementing some articles of Circular No. 19/2018/TT-BGTVT dated April 19, 2018 of the Minister of Transport on standards for railway inspectors and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024.

⁴ This Article is amended and supplemented pursuant to Clause 3, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

⁵ The name of this Article is amended and supplemented pursuant to Point a, Clause 4, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

⁶ This Clause is amended and supplemented pursuant to Point b, Clause 4, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

⁷ This Clause is amended and supplemented pursuant to Point c, Clause 4, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

⁸ This Clause is amended and supplemented pursuant to Clause 5, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

⁹ This Article is repealed pursuant to Article 2 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024. _2024.

¹⁰ This Article is amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport to amend and supplement certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of organizations conducting railway inspections, which shall take effect from June 1, 2024.

¹¹ This provision has been amended and supplemented pursuant to Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024.

¹² This point has been abolished pursuant to Article 2 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024. _2024.

¹³ This point has been abolished pursuant to Article 2 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024. _2024.

¹⁴ This clause has been amended and supplemented pursuant to Clause 8, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024.

¹⁵ Article 3 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024, provides as follows:

"Article 3. Implementation Provisions

2. Circular No. 01/2023/TT-BGTVT dated March 7, 2023 of the Minister of Transport guiding the preparation, approval, and publication of the project list; methods and criteria for evaluating tender documents and proposal documents in bidding to select investors for specialized transportation service works on expressways shall cease to be effective from the date this Circular takes effect.

2. Transitional Provisions

a) Decisions recognizing railway inspection officers and senior railway inspection officers recognized under Circular No. 19/2018/TT-BGTVT shall continue to be maintained until the expiration date of the recognition decision.

For trainees undergoing railway inspection officer internship who have not been recognized before the effective date of this Circular, the internship period shall be calculated according to the provisions of this Circular, with the starting date of the internship being based on actual circumstances.

The Director of the Ministry's Office, the Inspector General, the Heads of Departments, the Director of the Vietnam Vehicle Inspection Agency, the Heads of agencies and units, and individuals concerned are responsible for implementing this Circular./.

¹⁶ This clause has been abolished pursuant to Article 2 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 19/2018/TT-BGTVT dated April 19, 2018, issued by the Minister of Transport on standards for railway inspection officers and requirements for material and technical facilities of railway inspection organizations, which shall take effect from June 1, 2024.