Pursuant to …;

Regarding the issuance of regulations on responsibilities and forms of handling for organizations and individuals in the management and maintenance of railway transportation infrastructure

person in charge of managing and maintaining railway transportation infrastructure

 

THE MINISTER OF TRANSPORTATION

WHEREAS, the Labor Code dated June 23, 1994, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 12, 2002;

Pursuant to the Civil Servants Ordinance dated February 26, 1998, the Ordinance amending and supplementing certain articles of the Civil Servants Ordinance dated April 28, 2000, and the Ordinance amending and supplementing certain articles of the Civil Servants Ordinance dated April 29, 2003;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Based on the proposal of the Director of the Vietnam Railway Administration and the Head of the Legal Department.

 

DECISION:

Article 1. Issued with this Decision are the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals in the Management and Maintenance of Railway Transportation Infrastructure".

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.

Article 3. The Heads of the Office of the Ministry, the Inspectorate of the Ministry, the Heads of Departments under the Ministry, the Director of the Vietnam Railway Administration, the Director of the Quality Control and Inspection Bureau, the Chairperson of the Board of Directors of the Vietnam Railway Corporation, the General Director of the Vietnam Railway Corporation, the Directors of Project Management Boards, the Directors of Consulting Design Organizations, and the Heads of related organizations and individuals are responsible for implementing this Decision./

 

REGULATIONS

RESPONSIBILITIES AND FORMS OF HANDLING FOR ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT AND MAINTENANCE OF RAILWAY TRANSPORTATION INFRASTRUCTURE

(Issued together with Decision No.:15/2004/QĐ - BGTVT

September 16, 2004 of the Minister of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These provisions determine the responsibilities and forms of handling for organizations and individuals involved in the management and maintenance of national railway transportation infrastructure.

Article 2. Applicability

1. The organizations subject to these provisions include:

a. The Vietnam Railway Administration;

b. The Vietnam Railway Corporation, the Railway Infrastructure Management Board; the Railway Management Company; the Railway Signaling Information Company; bridge and road teams; the Signaling Information Center; affiliated enterprises; bridge and road service centers; bridge and road inspection centers; and barrier inspection centers;

c. The Quality Control and Inspection Bureau, Project Management Boards, construction contractors, and consulting organizations related to the management and maintenance of railway transportation infrastructure.

2. The individuals subject to these provisions include:

a. The Director of the Vietnam Railway Administration;

b. The General Director of the Vietnam Railway Corporation; the Head of the Railway Infrastructure Management Board; the Directors of the Railway Management Company; the Directors of the Railway Signaling Information Company; the Heads of bridge and road management teams; the Directors of the Signaling Information Center; the Directors of affiliated enterprises; the Heads of bridge and road service centers; signaling information and barrier inspection centers; track inspectors; bridge inspectors; tunnel inspectors; barrier inspectors; signal line inspectors; signal range inspectors; and railway transportation infrastructure maintenance workers;

c. The Director of the Quality Control and Inspection Bureau, the Directors of Project Management Boards, construction contractors, and consulting organizations related.

Article 3. Procedure, formalities, and form of handling violations

1. The handling of violations by organizations and individuals related to the management and maintenance of railway infrastructure shall be carried out in accordance with the procedures and formalities prescribed by law.

2. In addition to being handled according to this Regulation, organizations and individuals specified in Article 2 shall also bear responsibility and other forms of handling for their violations under relevant laws.

Article 4. Definitions

In this Regulation, the following terms shall be understood as follows:

1. National railway is railway serving the common transportation needs of the entire country and each economic region;

2. Railway infrastructure includes railway works, the scope of protection of railway works, and the railway traffic safety zone;

3. Railway works include the track bed, upper structure, bridges, culverts, tunnels, retaining walls, stations, drainage systems, signaling systems, power supply systems, and other auxiliary works and equipment;

4. Railway traffic safety zone is the vertical clearance established along the railway from the rail surface upwards to ensure the safety of railway transportation;

5. Scope of protection of railway works is the area surrounding above the air, below water, and below ground level of railway works where actions that cause loss of safety to the works are prohibited.

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

A- RESPONSIBILITIES OF ORGANIZATIONS

Article 5. Responsibilities of the Vietnam Railways Corporation

1. Reviewing to have the Minister approve the plan for repair and maintenance of railway infrastructure funded by state budget capital submitted by the Vietnam Railways Corporation;

2. Organizing inspections and supervision of the implementation of annual state budget capital plans for the repair and maintenance of railway infrastructure that have been approved;

3. Developing standards, procedures, regulations, economic-technical norms, policies, and specialized management rules on railway transportation to submit to the Minister for issuance;

4. Monitoring and coordinating the direction of flood prevention and disaster relief work in the railway sector;

5. Participating and coordinating with local authorities and relevant agencies and organizations to implement the protection of railway works and railway traffic safety zones;

6. Guiding and inspecting the management and maintenance of railway infrastructure by related organizations and individuals;

Article 6. Responsibilities of the Vietnam Railways CorporationMale

1. Directly responsible for train operation safety and railway infrastructure safety on all railway lines managed and operated by the Vietnam Railways Corporation;

2. Preparing annual plans for managing and maintaining railway infrastructure in accordance with regulations to submit to the Ministry of Transport;

3. Reviewing technical design documents, organizing supervision of construction works on operational railway lines at appropriate levels to ensure train operation safety and railway infrastructure safety;

4. Preparing plans and measures for flood prevention; organizing prompt rescue and remediation when incidents occur on railways;

6. Using investment funds for management and maintenance of railway infrastructure for their intended purposes;

7. Preparing, keeping, and updating records of developments and remedial measures for damaged railway infrastructure;

8. Proposing competent authorities to resolve issues in the management and maintenance of railway infrastructure;

9. Organizing inspections within its authority on compliance with legal provisions by organizations and individuals involved in the management and maintenance of railway infrastructure;

10. Organizing, directing, guiding, inspecting, and urging subordinate units of the Vietnam Railways Corporation to comply with regulations in the management and maintenance of railway infrastructure;

11. Implementing reporting requirements periodically every six months, annually, or promptly upon request to the Ministry of Transport regarding the quality of railway infrastructure managed and operated by the Vietnam Railways Corporation.

Article 7. Responsibilities of the Railway Infrastructure Management Board

1. Develop annual plans for managing and maintaining railway transportation infrastructure structures, submit them to the competent authority for approval, and organize their implementation to ensure quality, speed limits, load limits, and train safety. Fully comply with state regulations on the management and use of assigned economic public funds for railway transportation infrastructure management and maintenance work;

2. Guide and supervise railway management companies and railway signaling information companies in implementing regulations related to the management and maintenance of railway transportation infrastructure structures;

3. Coordinate with local authorities to implement the protection of railway transportation infrastructure structures according to the分级管理;

4. Inspect, audit, and handle within their authority railway management companies and railway signaling information companies regarding the management and maintenance of railway transportation infrastructure structures, and construction contractors' traffic assurance work on operational railways;

5. Carry out prevention and damage mitigation work caused by typhoons and floods affecting railway transportation infrastructure structures, and promptly organize rescue operations to ensure smooth and safe traffic;

6. Retain and properly keep records of the status of railway transportation infrastructure structures according to the分级管理;

Article 8. Responsibilities of Railway Management Companies and Railway Signaling Information Companies

1. Develop plans for managing and maintaining railway transportation infrastructure structures under their management for consolidation by the Vietnam Railway Corporation and submission to the Ministry of Transport;

2. Direct and manage track inspection, bridge inspection, barrier guarding, tunnel guarding, signal line inspection, and vision signal inspection, organizing timely repairs for infrastructure works under their responsibility. In cases exceeding capacity, they must ensure train safety while promptly reporting to the immediate superior management authority;

3. Closely coordinate with local authorities and railway traffic inspectors to protect railway transportation infrastructure structures according to the分级管理;

4. Develop plans and measures to prevent and combat typhoons and floods, and promptly organize rescue and damage mitigation when incidents occur;

5. Inspect traffic safety for infrastructure works under railway transportation infrastructure structures that are being completed and prepared for handover and operation;

6. Update technical conditions of infrastructure works under railway transportation infrastructure structures and report as required;

7. Establish, retain, preserve, and regularly supplement records and measures to address damages to railway transportation infrastructure structures;

8. Propose solutions to higher authorities for issues beyond their jurisdiction in carrying out tasks related to the management and maintenance of railway transportation infrastructure structures;

9. Implement reporting systems as prescribed or on an ad hoc basis to the direct supervisory authority on the quality of railway transportation infrastructure structures, typhoon prevention and mitigation, disaster relief, and traffic safety measures.

Article 9. Responsibilities of the Railway Road Management Team, Enterprises, and Railway Traffic Information Centers

1. Implement tasks related to managing and maintaining railway transportation infrastructure. Develop monthly maintenance plans. Direct, inspect, urge, and supervise the execution of assigned tasks for each section.

2. Inspect, handle, and report promptly when information about railway traffic accidents is received. In cases exceeding handling capacity, measures must be organized to ensure traffic safety while reporting to higher authorities for timely resolution.

3. Closely cooperate with local authorities, police stations where railways pass through, and Railway Traffic Inspectors in publicizing and mobilizing against encroachment, clearance of encroachments, and violations of railway traffic safety infrastructure and safety zones.

4. Directly inspect the status of railway transportation infrastructure structures, update data, establish and maintain records, preserve, and regularly supplement changes during management and maintenance of railway transportation infrastructure according to classification levels and implement reporting systems as prescribed.

Article 10. Responsibilities of Railway Bridge Sections, Railway Track Sections, and Railway Signal Information Sections

1. Implement regular management and maintenance plans for railway transportation infrastructure structures that have been assigned. Inspect, urge, and supervise teams and employees to properly execute their assigned tasks.

2. Organize patrols of tracks, bridges, bridge guards, tunnels, tunnel guards, crossing gates, and signal line inspections as prescribed.

3. Inspect, handle, and report promptly when information about railway traffic accidents is received. In cases exceeding handling capacity, measures must be organized to ensure traffic safety while reporting to higher authorities for timely resolution.

4. Timely detect violations of railway construction projects and traffic safety zones to coordinate with local authorities, police stations where railways pass through, and Railway Traffic Inspectors for handling.

5. Establish and maintain records, preserve, and regularly supplement all changes during management and maintenance of railway transportation infrastructure according to classification levels and implement reporting systems as prescribed.

Article 11. Responsibilities of the Bureau of Inspection and Quality Management of Construction Projects for Railway Transportation Infrastructure on Operating Railways

1. When appraising projects, assess safety in all stages of project planning, design, and construction.

2. Direct Project Management Boards to develop traffic assurance documentation and proceed with agreement and permission procedures for construction with competent railway management authorities.

3. Periodically and randomly inspect the implementation of traffic safety assurance work during construction for Project Management Boards and contractors according to legal regulations and project provisions.

4. Coordinate with the Vietnam Railway Administration to address violations of traffic safety regulations by Project Management Boards and contractors; if contractors repeatedly violate, report to the Ministry of Transport for handling.

Article 12. Responsibilities of the Project Management Board (representing the investor) in managing investment construction projects for railway infrastructure on operational railways

1. When preparing tender documents, there must be complete requirements and criteria for evaluating traffic safety assurance plans for participating vehicles.

2. Tender documents without traffic safety assurance plans will not be considered for bidding.

3. Throughout the construction process, the Project Management Board shall inspect contractors regarding traffic safety assurance work; if contractors fail to meet requirements, they shall be dealt with according to authority or reported to higher authorities for handling.

4. Direct consultants to supervise and manage operations in accordance with traffic safety assurance requirements and environmental sanitation.

Article 13. Responsibilities of Consulting Organizations when Establishing Projects and Surveying Design for Railway Infrastructure on Operational Railways

1. Consulting organizations must ensure full capacity conditions as prescribed.

2. Feasibility study reports and investment reports must comply with procedures, be complete and accurate, and include all required contents.

3. Survey outlines for project establishment steps or design stages must be approved by competent authorities before implementation (except where permitted by competent authorities to implement beforehand or where projects are self-funded research by consulting organizations).

4. Topographic survey and geological survey documents must satisfy the following requirements:

a. Ensure accuracy and completeness as prescribed.

b. In all cases, it is not allowed for survey documents to be incorrect leading to changes in plans or additional volumes later.

5. Design and budget documents must satisfy the following requirements:

a. Must comply strictly with the project's investment decision.

b. Ensure accuracy and rationality of the plan (including construction organization plans) and economic feasibility of the plan.

c. Must be comprehensive and specific about quantities and technical instructions provided for tender documents.

d. Must consider the local area's material supply capacity for the project.

đ. Must ensure compliance with the investor's required schedule.

e. Encourage the application of new design technologies suitable for structural works.

g. Comply strictly with current state regulations, policies, and prices.

h. In all cases, design documents must include a plan to ensure train operation safety.

6. Internal acceptance work for consulting organizations' survey-design documents must be conducted on-site.

7. Must fully and properly fulfill the responsibilities of consulting work and author supervision as stipulated.

Article 14. Responsibilities of Construction Contractors when Implementing Railway Infrastructure on Operational Railways

1. Prepare traffic safety assurance documents with the agreement of the Project Management Board and submit them to the competent railway management authority for construction permits. After obtaining the permit, proceed to the Railway Management Company or Railway Signal Information Company to receive construction site handover and continue subsequent steps. From the date of receiving the construction site handover, bear responsibility for managing and ensuring smooth and safe traffic.

2. Implement traffic safety assurance work before commencing main construction. During the entire construction period, strictly follow agreed construction plans, methods, and times without damaging existing railway structures; subject to inspection and supervision by railway management agencies and Railway Traffic Inspectors regarding compliance with traffic safety regulations during construction as per the permit and laws.

3. Upon completion of construction, promptly clear surplus materials, remove equipment from the site, and prepare completion documents for handover to the management unit, implementing warranty work as prescribed.

B. RESPONSIBILITIES OF INDIVIDUALS

Article 15. Responsibilities of the Director of the Vietnam Railway AdministrationMale

1. Directs advisory and operational agencies to assist the Director in fulfilling the responsibilities of the Vietnam Railway Administration as prescribed in Article 5 of this Regulation;

2. Organizes regular and spot inspections of each aspect or the entire management and maintenance activities of railway infrastructure managed and maintained by relevant units; handles violations within the scope of authority;

3. Bears joint responsibility for the condition of damage of railway works;

The Deputy Director is responsible to the Director for the tasks of managing and maintaining railway infrastructure assigned to them.

Article 16. Responsibilities of the General Director of the Vietnam Railway CorporationMale

1. Directs subordinate organizations to fulfill their tasks as stipulated in Article 6 of this Regulation and is responsible to the Board of Directors of the Vietnam Railway Corporation and the Minister of Transport regarding the results of managing and maintaining railway infrastructure;

2. Is responsible for organizing, directing, and guiding units to perform tasks of managing and maintaining railway infrastructure according to technical standards, maintenance norms, and allocated capital;

3. Organizes regular and spot inspections of each aspect or the entire work of managing and maintaining railway infrastructure, traffic safety assurance of units managing and maintaining railway infrastructure, project management board, and construction contractors; handles violations within the scope of authority or reports to competent authorities for handling;

The Deputy General Director is responsible to the General Director of the Vietnam Railway Corporation for the tasks of managing and maintaining railway infrastructure assigned to them.

Article 17. Responsibilities of the Head of the Railway Infrastructure Management Board

1. Directs advisory and operational departments to complete their tasks as specified in Article 7 of this Regulation and is directly responsible to the General Director of the Vietnam Railway Corporation for the results of managing and maintaining railway infrastructure;

2. Based on the allocated economic business capital plan and technical standards, regular maintenance norms, and related legal documents, organizes, guides, and directs Railway Management Companies and Railway Signaling Information Companies to perform tasks of managing and maintaining railway infrastructure;

3. Organizes regular and spot inspections of the implementation of railway management and maintenance by repair management units to promptly identify and take measures to address works that pose a threat to the safety of structures and train operations.

The Deputy Head of the Railway Infrastructure Management Board is responsible to the Head of the Railway Infrastructure Management Board for the tasks assigned to them.

Article 18. Responsibilities of the Director of Railway Management Companies and Railway Signaling Information Companies

1. Organizes the implementation of management and maintenance activities of railway infrastructure by teams, factories, signaling information centers, and direct subsidiaries under the Company; fulfills the responsibilities prescribed in Article 8 of this Regulation;

2. Conducts regular and spot checks on the technical status of works and traffic safety assurance of contractors during construction on the assigned railway section; handles violations within the scope of authority or reports to superiors for handling;

3. Ensures equipment for the management and maintenance activities of railway infrastructure by sections and teams and implements asset management as prescribed;

4. Is responsible to superior management agencies for assigned tasks or jointly bears responsibility for violations causing safety issues of units under their supervision.

The Deputy Director is responsible to the Director for the tasks of managing and maintaining railway infrastructure assigned to them.

Article 19. Responsibilities of the Head of the Bridge and Road Management Team, the Director of the Enterprise, and the Director of the Railway Signal Information Center

1. Organize the implementation of management and maintenance work for railway traffic infrastructure structures under their jurisdiction; fulfill the responsibilities stipulated in Article 9 of this Regulation;

2. Conduct regular inspections as prescribed; continuously and promptly inspect the technical condition of works and traffic safety measures on the assigned railway section; handle violations within their authority or report to superiors for handling;

3. Ensure equipment for the management and maintenance activities of railway traffic infrastructure structures of the sections and implement asset management according to regulations;

4. Shall be responsible before the Railway Management Company Director or the Railway Signal Information Company Director for the tasks assigned or jointly liable for violations causing safety losses of units under their supervision.

The Deputy Head of the Bridge and Road Management Team, and the Deputy Director of the Railway Signal Information Center shall be responsible before the Head of the Bridge and Road Management Team and the Center Director for the management and maintenance tasks of railway traffic infrastructure structures assigned to them.

Article 20. Responsibilities of the Section Chief

1. Organize the implementation of management and maintenance work for railway traffic infrastructure structures of subordinate staff; fulfill the responsibilities stipulated in Article 10 of this Regulation;

2. Conduct regular inspections as prescribed; continuously and promptly inspect the technical condition of works and traffic safety measures on the assigned railway section; handle violations within their authority or report to superiors for handling;

3. Ensure equipment for the management and maintenance activities of railway traffic infrastructure structures of the section and implement asset management according to regulations;

4. Shall be responsible before the Head of the Bridge and Road Management Team, the Director of the Railway Signal Information Center, the Railway Management Company Director, and the Railway Signal Information Company Director for the tasks assigned or jointly liable for violations causing safety losses of staff under their supervision.

The Deputy Section Chief shall be responsible before the Section Chief for the management and maintenance tasks of railway traffic infrastructure structures assigned to them.

Article 21. Responsibilities of the Track Inspector

1. Fulfill tasks assigned by the Section Chief and comply with the track inspection procedures and state laws regarding the management and protection of transportation works;

2. Continuously monitor and promptly identify damages and obstructions on the patrol section, record fully in the patrol logbook, and report to superiors as prescribed;

3. Promptly repair and resolve minor damages and obstructions, participate in bridge and road maintenance as specified when on duty;

4. Timely defend and quickly stop trains when there are damages or obstructions threatening train safety, participate in protecting the railway and trains running on the patrol section. Shall be responsible for railway traffic safety losses due to not identifying damages or obstructions during the patrol.

Article 22. Responsibilities of the Bridge Inspector and Bridge Watchman

1. Fulfill tasks assigned by the Section Chief and comply with the bridge inspection and watch procedures and state laws regarding the management and protection of transportation works;

2. Continuously monitor and promptly identify damages and obstructions on bridges, record fully in the bridge inspection and watch logbook, and report to superiors as prescribed;

3. Promptly repair and resolve minor damages and obstructions, participate in bridge maintenance as specified when on duty;

4. Timely defend and quickly stop trains when there are damages or obstructions threatening train safety, participate in protecting the bridge and trains passing over it. Shall be responsible for railway traffic safety losses due to not identifying damages or obstructions during the bridge inspection and watch.

Article 23. Responsibilities of tunnel patrol and guard personnel

1. Perform tasks assigned by the Depot Director and comply with the tunnel patrol and guard procedures, and state laws on managing and protecting transportation infrastructure;

2. Regularly inspect and monitor, promptly identify any damage or obstructions within the tunnel, record them fully in the tunnel patrol and guard logbook, and report to superiors as prescribed;

3. Promptly repair and resolve minor damages and obstructions, participate in tunnel maintenance according to the prescribed content during shift work;

4. Timely defend against and quickly stop trains when there are damages or obstructions threatening train safety, participate in tunnel protection and safeguarding trains passing through the tunnel. Bear responsibility for railway traffic safety incidents due to failure to detect damages or obstructions during tunnel patrols and guards.

Article 24. Responsibilities of level crossing guard personnel 

1. Perform tasks assigned by the Depot Director and comply with the rules stipulated in the Level Crossing Regulations and regulations on organizing level crossing defense;

2. Directly manage, maintain, use, and maintain level crossing equipment, facilities, and tools according to the prescribed content during shift work;

3. Ensure the safety of railway vehicles when crossing level crossings;

4. Promptly close the level crossing barrier to ensure the safety of people and vehicles using the road when railway vehicles pass through the level crossing.

Article 25. Responsibilities of telecommunications cable inspection personnel and signal visibility inspection personnel

1. Telecommunications cable inspection personnel (including overhead cables, buried cables, and suspended cables) shall be responsible for:

a. Inspecting mechanical and electrical components, identifying damages and causes of interference to promptly rectify and report to superiors to maintain and improve the quality of the communication system serving safe train operations;

b. For overhead telecommunications cables: Inspect environmental changes along the cable route that may pose safety risks or cause interference; inspect poles, pole components (beams, insulators, insulator stems, crossarms, pole connectors, connecting bolts...), pole reinforcement details (cable ties, pole supports, base pads, pole bases, concrete foundations, cable tie bases...), and cable protection devices (lightning arresters, discharge units...); and record parts requiring attention in the cable inspection form;

c. For buried telecommunications cables: Inspect cable routes, equipment along the cable such as communication cabinets, marker posts..., record points where the cable has been excavated or eroded posing a threat to cable safety, inspect and measure pressure at points equipped with pressure valves, immediately address any impacts that could damage the cable. Record pressure values at the valves and external conditions of manholes and pressure valves for planning purposes;

d. For suspended telecommunications cables: Inspect cable routes, equipment along the cable such as poles, cable ties, pole supports, suspension cables, lightning arresters..., and other tasks similar to those for buried cables.

2. Signal visibility inspection personnel:

a. Must regularly inspect to ensure signals operate continuously and clearly day and night within the approved distance recorded in the project documentation by authorized authorities;

b. When signal visibility does not meet standards, they must take responsibility to address it; if unable to resolve, report to authorized authorities for resolution;

c. Inspection results for signal visibility must be fully recorded in the signal visibility inspection form and reported to authorized authorities.

Article 26. Responsibilities of railway infrastructure maintenance staff

1. Carry out tasks assigned by the Director or Deputy Director.

2. Adhere to current procedures and regulations, and comply with safety regulations during construction.

Article 27. Responsibilities of the Director of the Railway Infrastructure Quality Control and Supervision Bureau for railway infrastructure investment projects on operational railways

Direct officers and employees under the Bureau to implement the contents stipulated in Article 11 of this Regulation.

Article 28. Responsibilities of the Project Management Board Director, General Manager (representing the investor) in managing railway infrastructure investment projects on operational railways.

Direct officers and employees under the Board to fully implement the contents stipulated in Article 12 of this Regulation.

Article 29. Responsibilities of the General Director of consulting organizations when establishing projects and surveying design for railway infrastructure on operational railways

Shall be responsible before the law and the investor for the entire quality of survey, design, and project cost estimate documents according to the contents stipulated in Article 13 of this Regulation, and shall also be responsible for the contents committed in economic contracts.

Article 30. Responsibilities of the Construction Contractor's Director, General Manager when constructing railway infrastructure on operational railways

1. Direct officers and employees to fully implement the contents stipulated in Article 14 of this Regulation;

2. Shall be responsible before the direct superior management and must comply with the provisions of the law.

Chapter III

VIOLATIONS AND FORMS OF DISCIPLINARY ACTION

Article 31. Forms of handling for leaders of the Vietnam Railway AdministrationMale

Leaders of the Vietnam Railway Administration and advisory agencies must bear direct or indirect responsibility and be subject to handling depending on the nature and degree of violation of their assigned individual responsibilities and the level of handling violations by subordinates in the management and maintenance of railway infrastructure. Specifically as follows:

1- The Director, Deputy Director may be criticized, reprimanded, warned, demoted in salary grade, demoted in rank, or dismissed depending on the nature and degree of violation.

2- Leaders of advisory agencies of the Vietnam Railway Administration assigned to monitor, direct, and inspect may be reprimanded, warned, demoted in grade, demoted in rank, or dismissed depending on the nature and degree of violation.

Article 32. Forms of handling for the General Director of the Vietnam Railway CorporationMale  

Leaders of the Vietnam Railway Corporation and assisting organizations bear direct or indirect responsibility and are subject to handling depending on the nature and degree of violation of their assigned individual responsibilities and the level of handling violations by subordinates in the management and maintenance of railway infrastructure. Specifically as follows:

1- The General Director, Deputy General Director may be criticized, reprimanded, warned, demoted in salary grade, demoted in rank, or dismissed depending on the nature and degree of violation.

2- Leaders of assisting organizations of the Vietnam Railway Corporation assigned to monitor, direct, and inspect may be reprimanded, warned, demoted in grade, demoted in rank, or dismissed depending on the nature and degree of violation.

Article 33. Forms of Handling for the Head of Railway Infrastructure Management Board

If failing to complete the tasks stipulated in Article 17 of this Regulation, they shall be subject to disciplinary action and bear joint liability in the following cases:

1. Reprimand when: Causing the General Director of the Railway Management Company or the General Director of the Railway Signal Information Company to be warned due to violations related to the management and maintenance of railway transportation infrastructure structures.

2. Warning when: Causing the General Director of the Railway Management Company or the General Director of the Railway Signal Information Company to be dismissed due to violations related to the management and maintenance of railway transportation infrastructure structures.

3. Dismissal when: Causing the General Director of the Railway Management Company or the General Director of the Railway Signal Information Company to be criminally prosecuted for offenses related to the management and maintenance of railway transportation infrastructure structures.

The Deputy Head of the Railway Infrastructure Management Board shall bear responsibility and be handled like the Head of the Railway Infrastructure Management Board in the assigned field.

Article 34. Forms of Handling for the General Director of the Railway Management Company, the General Director of the Railway Signal Information Company

1- Reprimand when:

a- Failing to complete one of the tasks stipulated in Article 18 of this Regulation;

b- The Bridge Road Management Team Leader, the Signal Information Center Director, the Factory Director, or the Pavilion Manager under their management being dismissed due to violations related to the management and maintenance of railway transportation infrastructure structures.

2- Warning when:

a- Failing to complete two of the tasks stipulated in Article 18 of this Regulation;

b- The Bridge Road Management Team Leader, the Signal Information Center Director, the Factory Director, or the Pavilion Manager under their management being criminally prosecuted for offenses related to the maintenance of railway transportation infrastructure structures;

3- Dismissal when:

a-Failing to complete the tasks stipulated in Article 8 of this Regulation;

b-Causing two of the following individuals: Bridge Road Management Team Leader, Signal Information Center Director, Factory Director, Pavilion Manager under their management to be criminally prosecuted for offenses related to the maintenance of railway transportation infrastructure structures;

4- Dismissal from service when:

a- Causing three of the following individuals: Bridge Road Management Team Leader, Signal Information Center Director, Factory Director, Pavilion Manager under their management to be criminally prosecuted for offenses related to the maintenance of railway transportation infrastructure structures;

b- Being penalized according to the court's decision.

Article 35. Forms of Handling for Leaders of the Bureau of Inspection and Quality Management of Construction Projects 

With the function of state management over ongoing railway construction projects, leaders of the Bureau of Inspection and Quality Management of Construction Projects and leaders of the advisory agencies of the Bureau must simultaneously bear indirect responsibility and be subject to handling based on the nature and degree of violation of their subordinates and Project Management Boards, Contractors in managing and directing ongoing railway construction projects. Specifically as follows:

1- The Director and Deputy Directors of the Bureau may be criticized, reprimanded up to warned, delayed in salary increase, demoted in rank, reduced in pay grade, or dismissed depending on the nature and degree of violation;

2- Leaders of the advisory agencies of the Bureau of Inspection and Quality Management of Construction Projects tasked with overseeing, directing, and inspecting may be reprimanded, warned, demoted in rank, demoted in grade, or dismissed depending on the nature and degree of violation.

Article 36. Forms of handling for leaders and organizations of the Project Management Board (representing the project sponsor)

With the assigned function to manage construction projects and railway repairs on operational railways, the leaders of the Project Management Board and the leaders of its advisory departments must concurrently bear indirect responsibility for any violations during the construction of basic construction projects and railway repairs on operational railways. Specifically as follows:

1- The Director (Deputy Director), Head of Department (Deputy Head of Department) shall be criticized, reprimanded, warned, delayed in salary increase, demoted in rank or pay grade, or dismissed from position;

2- The responsible staff member directly overseeing: shall be reprimanded, warned, delayed in salary increase, demoted in rank or pay grade, reassigned to other work, or forced to resign;

3- Shall not be considered for assignment to manage subsequent projects of similar or larger scale for a certain period as decided by the competent authority.

Article 37. Forms of handling for Consulting Organizations

Depending on the responsibilities stipulated in Article 13 of this Regulation, they will be handled according to the degree of violation as follows:

1. Self-correct and quickly rectify all violated works, while also compensating for damages to the project caused by errors in survey, design, and budget estimates as prescribed by law;

2. Not to be considered for subsequent assignments for projects or works of similar or larger scale for at least one year.

Article 38. Forms of handling for Construction Contractors

When carrying out maintenance of railway traffic infrastructure, contractors shall be subject to the following:

1- Warning when failing to comply with Clause 1 or Clause 3 of Article 14 of this Regulation and being recorded in the first report by the competent authority; if recorded a second time, they shall not participate in bidding or construction of subsequent works for one year; meanwhile, they still have to comply with Clause 1 or Clause 3 of Article 14 of this Regulation;

2- Suspension of construction when failing to comply with Clause 2 of Article 14 of this Regulation and not participating in bidding or construction of subsequent works for one year; meanwhile, they still have to comply with Clause 2 of Article 14 of this Regulation;

3- Compensation for damages and not participating in bidding or construction of subsequent works when failing to comply with Clause 2 of Article 14 of this Regulation leading to serious traffic accidents.

Article 39. Forms of handling for Team Leaders of Bridge and Road Management Teams, Directors of Signal Information Centers

1- Violations:

a. Failure to collect, update data and status of railway traffic infrastructure as prescribed and report according to the prescribed forms;

b. Lack of supervision to ensure workers comply with labor safety and traffic safety regulations during construction;

c. Failure to properly manage and store files delegated to units;

d. Failure to immediately inspect and handle damage or traffic safety violations upon receiving information;

đ. Failure to supervise the implementation of protective measures during maintenance leading to dangerous traffic accidents.

2. Forms of Handling:

a. Reprimand for the first violation of any of points a, b, c, d, đ of Clause 1 of this Article;

b. Delay in salary increase for up to six months or transfer to another job with lower pay for a maximum of six months, or dismissal from position for the second violation of any of points a, b, c, d, đ of Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 40. Forms of handling for the Head of the Workshop

1. Violating acts:

a. Failure to collect, update data and status of railway traffic infrastructure as prescribed and report according to the prescribed forms;

b. Lack of supervision to ensure workers comply with labor safety and traffic safety regulations during construction;

c. Failure to properly manage and store files delegated to units;

d. Failure to immediately inspect and handle damage or traffic safety violations upon receiving information;

d. Causing three or more workers to be reprimanded due to violations stipulated in Article 46 of this Regulation;

e. Causing two or more workers to be dismissed due to violations stipulated in Article 46 of this Regulation;

f. Failing to inspect and urge the implementation of safety measures during construction work leading to traffic accidents.

2. Forms of Handling:

a. Reprimand for the first violation of any of the points a, b, c, d, đ, e, g Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months, or demotion for the second violation of any of the points a, b, c, d, đ, e, g Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 41. Forms of handling for patrol staff

1. Violating acts:

a. Performing duties while having a blood alcohol level exceeding 80 milligrams/100 liters of exhaled air or other prohibited stimulants under the law;

b. Leaving assigned tasks without permission or performing tasks contrary to instructions;

c. Failing to detect damage to bridges and roads and violations within the protected area of railway works;

d. Detecting damage to bridges and roads but failing to report promptly as required;

đ. Failing to record patrol contents in the patrol logbook as prescribed;

e. Failing to take warning measures upon detecting damage to bridges and roads, leading to traffic safety issues;

f. Failing to handle violations against bridge and road works within their authority;

g. Facilitating violations against bridge and road works.

2. Forms of handling:

a. Reprimand for the first violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months for the second violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 42. Forms of handling for bridge patrol and watch staff

1. Violating acts:

a. Performing duties while having a blood alcohol level exceeding 80 milligrams/100 liters of exhaled air or other prohibited stimulants under the law;

b. Leaving assigned tasks without permission or performing tasks contrary to instructions;

c. Staff who detects damage to bridges and violations within the protected area of bridge works;

d. Detecting damage to bridges but failing to report promptly as required;

đ. Failing to record patrol contents in the bridge patrol logbook as prescribed;

e. Failing to take warning measures upon detecting damage to bridges, leading to traffic safety issues;

f. Failing to handle violations against bridge works within their authority;

g. Facilitating violations against bridge works.

2. Forms of Handling:

a. Reprimand for the first violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months for the second violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 43. Forms of handling for tunnel patrol and watch staff

1. Violating acts:

a. Performing duties while having a blood alcohol level exceeding 80 milligrams/100 liters of exhaled air or other prohibited stimulants under the law;

b. Leaving assigned tasks without permission or performing tasks contrary to instructions;

c. Failing to detect damage to tunnels and violations within the protected area of tunnel works;

d. Detecting damage to tunnels but failing to report promptly as required;

đ. Failing to record patrol contents in the tunnel patrol logbook as prescribed;

e. Failing to take warning measures upon detecting damage to tunnels, leading to traffic safety issues;

f. Failing to handle violations against tunnel works within their authority;

g. Facilitating violations against tunnel works.

2. Forms of Handling:

a. Reprimand for the first violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months for the second violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 44. Forms of handling for telecommunications line inspection staff and signal visibility inspection staff

1. Violating acts:

a. Assigned to inspect telecommunications lines and signal visibility but neglecting to inspect one-third of the assigned workload;

b. Failing to detect direct damage causing train operation safety and equipment safety, or detecting such damage but failing to report it and take timely remedial measures;

c. Failing to record in the logbook as prescribed or recording unclearly;

d. Overlooking violations in the safe zone of telecommunications lines.

2. Forms of Handling:

a. Reprimand for the first violation of any of the points a, b, c, d Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months for the second violation of any of the points a, b, c, d Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 45. Forms of handling for crossing gatekeepers

1. Violating acts:

a. Negligence in watching over, preserving, using, and maintaining equipment, structures, and tools at level crossings;

b. Not wearing uniforms when on duty, having an unprofessional attitude, and not being courteous to others;

c. Not being familiar with train schedules passing through level crossings;

d. Leaving their post;

đ. Consuming alcohol or beer before and during duty hours;

e. Allowing unauthorized persons to enter the crossing guard house;

f. Failing to close barriers according to regulations;

g. Failing to close barriers resulting in safety incidents.

2. Forms of Handling:

a. Reprimand for the first violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

b. Extending the salary increase period not exceeding six months or transferring to another job with a lower salary for a maximum period of six months for the second violation of any of the points a, b, c, d, đ, e, g, h Clause 1 of this Article;

c. Dismissal when violating as prescribed by the Labor Law.

Article 46. Forms of handling for workers maintaining railway infrastructure

1. Violating acts:

a. Performing maintenance work out of sequence as prescribed;

b. Not carrying out assigned tasks as specified;

c. Leaving their assigned location before completing the given work;

d. Discovering damage but failing to report it;

đ. Not securing the construction site as required by regulations.

2. Forms of Handling:

a. Reprimand for the first violation of any of points a, b, c, d, đ of Clause 1 of this Article;

b. Extending the time for salary increase not exceeding six months or transferring to another job with lower pay for up to six months if they violate point a, b, c, d, đ Clause 1 of this Article for the second time;

c. Dismissal when violating as prescribed by the Labor Law.

Chapter IV

THẨM QUYỀN XỬ LÝ VI PHẠM

Article 47. Minister of Transport

The Minister of Transport disciplines the Director and Deputy Director of the Vietnam Railway Administration Bureau; the Director and Deputy Director of the Inspection and Quality Control Bureau; recommends the Prime Minister to consider disciplinary actions against the General Director of the Vietnam Railway Corporation; requests the Board of Directors of the Vietnam Railway Corporation to discipline the Deputy General Directors of the Vietnam Railway Corporation.

Article 48. Director of the Vietnam Railway Administration BureauMale

1. Disciplines civil servants and employees of the advisory units under the Vietnam Railway Administration Bureau;

2. Proposes the General Director of the Vietnam Railway Corporation to discipline organizations and individuals under its management according to the law.

Article 49. General Director of the Vietnam Railway CorporationMale

1. Disciplines cadres, workers, and employees of the assisting organizations under the Vietnam Railway Corporation;

2. Disciplines the Directors and Deputy Directors of subordinate companies under the Vietnam Railway Corporation according to the law.

Article 50. Director of the Railway Management Company, Director of the Railway Signaling Information Company

Disciplines cadres, workers, and employees under their management according to the law.

Article 51. Director of the Inspection and Quality Control Bureau for Transportation Works

1. Disciplines civil servants and employees of the advisory units under the Inspection and Quality Control Bureau for Transportation Works;

2. Proposes relevant authorities to discipline organizations and individuals under their management according to the law.

Chapter V

IMPLEMENTATION

Article 51. Responsibility for Implementation

1. The Director of the Vietnam Railway Administration Bureau, the Director of the Inspection and Quality Control Bureau for Transportation Works, and the General Director of the Vietnam Railway Corporation are responsible for disseminating and guiding subordinate units and individuals to implement this Regulation;

2. The Director of the Vietnam Railway Administration Bureau, the Director of the Inspection and Quality Control Bureau for Transportation Works, the Inspector General of the Ministry, the Head of the Cadre Organization Department, and the Head of the Legal Affairs Department shall be responsible for inspecting and resolving any issues (if any) arising from the implementation of this Regulation according to their functions, duties, and authority.