Circular No. 15/2009/TT-BGTVT on handling railway traffic accidents and incidents

CIRCULAR

Regulations on handling railway traffic accidents and incidents

 ____________________

MINISTER OF TRANSPORT

Pursuant to the Railway Law dated June 14, 2005;

Based on Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Railway Law;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby stipulates regulations on handling railway traffic accidents and incidents as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars specify principles, responsibilities of organizations and individuals, procedures, contents, measures for handling, analysis work, statistical systems, and reporting on railway traffic accidents and incidents occurring on the national railway system and dedicated railways connected to the national railway network.

Article 2. Applicability

This Circular applies to organizations and individuals related to railway transportation activities on the national railway system and dedicated railways connected to the national railway system.

Article 3. Explanation of Terms

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

1. A railway traffic accident is an event where railway transportation means collide with each other, derail, overturn, hit people or other transportation means, or while in operation, hit obstacles causing damage to human life and health or property.

2. An injured person in a railway traffic accident is someone whose health has been impaired and whose normal life has been affected due to the direct impact of the accident.

3. A deceased person in a railway traffic accident is someone who died at the accident scene; an injured person in the accident who was rescued but died at the hospital, home, or en route to medical care.

4. A railway traffic incident is an event occurring during railway transportation operations that impedes train movement but does not result in a railway traffic accident.

5. The Railway Transport Control Center is a unit subordinate to Vietnam Railway Corporation responsible for commanding all train operations on the national railway system, or it is a unit subordinate to the enterprise managing and operating dedicated railways connected to the national railway network, responsible for commanding all train operations on the dedicated railway section connected to the national railway network.

Article 4. Principles for handling railway traffic accidents

1. Handling railway traffic accidents must ensure absolute safety, speed, and timeliness.

2. When a railway traffic accident occurs, organizations and individuals involved in railway operations must cooperate in handling it.

3. Immediate medical assistance must be provided to victims, securing the accident scene, and protecting state, enterprise, and victim's property.

4. Timely report information about the accident to relevant organizations and individuals.

5. All organizations and individuals have the responsibility to immediately go to the accident site upon receiving notification of a railway traffic accident to handle the situation; they must not obstruct the restoration of railway operations and railway transportation activities following a railway traffic accident.

6. The Chairman of the Railway Traffic Accident Resolution Council (hereinafter referred to as the Chairman of the Council) or the person in charge of resolving the accident has the authority to mobilize all available resources at the location, including other railway business enterprises, to serve the rescue efforts for railway traffic accidents.

7. Organize the resumption of railway transportation activities as quickly as possible without hindering the investigation and handling work of competent authorities.

Article 5. Principles for Handling Railway Traffic Incidents

1. Railway traffic incidents must be documented in a report.

2. When a railway traffic incident occurs in the interval, the train conductor or the locomotive driver (if there is no train conductor) shall prepare the record. In cases where a railway traffic incident occurs within the station area, the duty train dispatcher or the station master shall prepare the record.

3. The General Director of Vietnam Railway Corporation shall specifically stipulate the handling and resolution of railway traffic incidents on the national railway; the General Director or the Director of the enterprise managing and operating dedicated railways connected to the national railway network shall specifically stipulate the handling and resolution of railway traffic incidents on dedicated railways.

Chapter II

CLASSIFICATION AND RESPONSIBILITIES FOR HANDLING RAILWAY TRAFFIC ACCIDENTS

Article 6. Classification According to Cause

Railway traffic accidents include those caused by subjective reasons and those caused by objective reasons:

1. Accidents caused by subjective reasons are those resulting from violations of laws and regulations on railway transportation by organizations and individuals under railway business enterprises.

2. Accidents caused by objective reasons are those due to force majeure (natural disasters, enemy actions), or other causes outside the subjective responsibility of railway business enterprises.

Article 7. Classification based on the nature of railway traffic accidents

Railway traffic accidents include train operation accidents and other accidents:

1. Train operation accident is an accident that occurs when railway transportation means collide with each other, derail, overturn; hit or collide with obstacles or other transportation means, causing damage to human life, health or property of organizations and individuals.

2. Other accidents are those involving people, occurring when railway transportation means hit or run over people; people jump onto or fall from railway transportation means; throw soil, rocks or other objects onto railway transportation means, causing damage to property, life and health of humans.

Article 8. Classification based on the level of damage caused by railway traffic accidents

3. Very serious railway traffic accident refers to an accident resulting in two deaths or nine to ten injured persons or causing property damage valued between five hundred million dong and less than one billion five hundred million dong.

2. Serious railway traffic accidents are those resulting in one to two deaths or six to ten injuries, or causing property damage valued between fifty million dong and less than one billion dong.

3. Particularly serious railway traffic accidents are those resulting in three or more deaths, eleven or more injuries, or causing property damage valued at one billion dong or more.

Article 9. Responsibilities of the train conductor or driver (if there is no train conductor) when a railway traffic accident occurs

1. Immediately provide first aid and emergency care to victims, protect state and enterprise property, and the property of victims according to Article 16 of this Circular.

2. Secure the accident site according to Article 17 of this Circular.

3. Immediately inform and report the accident to relevant organizations and individuals as stipulated in Section 2, Chapter III of this Circular.

4. Record and report the accident according to the form prescribed in Appendix 1 attached to this Circular (if the station master or public security agency has already recorded the accident file) or establish the initial accident file to transfer to competent state agencies and appoint someone to stay behind to work with these agencies as stipulated in Section 3, Chapter III of this Circular.

Article 10. Responsibilities of the station master when a railway traffic accident occurs

1. The station master must immediately go to the accident site or send someone to assist in emergency rescue operations and participate in other tasks to mitigate the consequences of the accident upon receiving information about the railway traffic accident.

2. The station master must establish the initial accident file (if the accident occurs within the station under his/her jurisdiction) or accept the initial accident file established by the train conductor or driver (when the accident occurs in the intermediate area) to transfer it to competent state agencies.

3. The station master shall be responsible for initially resolving the aftermath of the train operation accident if the Chairman of the Council or the person in charge of handling the accident has not yet arrived at the scene.

Article 11. Responsibilities of Vietnam Railway Corporation and enterprises managing and operating dedicated railways connected to the national railway network

1. Vietnam Railway Corporation is responsible for leading and coordinating with railway business enterprises to resolve railway traffic accidents; organizing rescue operations on the national railway and dedicated railways connected to the national railway network when required.

2. When a railway traffic accident occurs, the General Director of Vietnam Railway Corporation, the General Director or Director of enterprises managing and operating dedicated railways connected to the national railway network shall establish an Accident Resolution Council or delegate authority to an individual with the necessary qualifications to lead the resolution of the accident based on the cause, nature, and extent of damage.

3. When railway transportation means of Vietnam Railway Corporation have a railway traffic accident on dedicated railways connected to the national railway network, the General Director of Vietnam Railway Corporation shall cooperate with the General Director or Director of the enterprise managing and operating the dedicated railway to establish an Accident Resolution Council, but the Council must have representatives from both sides to jointly resolve the issue.

4. The General Director of Vietnam Railway Corporation, the General Director or Director of enterprises managing and operating dedicated railways shall specify the establishment of the Accident Resolution Council or delegate responsibility to an individual to lead the resolution of the accident; assign specific tasks to Council members and related units under their management; and specify detailed rescue operations in areas under the enterprise's jurisdiction to ensure quick and safe resolution of accident aftermaths.

Article 12. Responsibilities of Board Members or Individuals Leading the Resolution of Accidents

1. The Chairman of the Council or the person in charge of resolving the accident is the highest authority and responsibility holder for resolving the accident at the scene, having the right to mobilize manpower and resources on-site for rescue operations; making necessary decisions; coordinating with relevant agencies and local authorities to resolve the accident in accordance with the law; and directing the completion of the following tasks:

a) Organize medical treatment for victims, protect the scene and property;

b) Participate in investigations and prepare inspection records at the scene upon request of the police agency;

c) Coordinate with relevant agencies and local authorities to complete legal procedures for the burial of victims;

d) Formulate rescue plans and allocate manpower to carry out passenger and cargo transfers; rescue locomotives and carriages; repair bridges, roads, and other damaged equipment to quickly restore train operations through the accident location and reopen the line; ensuring comprehensive safety during rescue operations;

e) Compile accident records and determine the workload and manpower of participating rescue and relief units;

e) Prepare a comprehensive report; propose commendations and disciplinary actions for organizations and individuals involved in resolving the accident; propose measures to competent authorities to restore normal railway operations and address related issues arising from the accident.

2. Members participating in the Council must thoroughly execute their assigned tasks and perform their assigned duties well; all other organizations and individuals involved in resolving the accident must follow the directives and comply with all decisions made by the Chairman of the Council or the person in charge of resolving the accident.

Article 13. Responsibilities of entities participating in railway traffic activities

When a railway traffic accident occurs causing traffic disruption, the leaders of enterprises operating railway infrastructure, railway transport services, units managing and using railway transportation means, and other related entities must immediately dispatch authorized personnel to quickly arrive at the scene to grasp the situation and participate in resolving the accident and restoring traffic.

Article 14. Responsibilities of Railway Inspectors

Upon receiving information about a railway traffic accident, railway inspectors in the relevant area must promptly send personnel to participate in investigating, resolving the accident, supervising, and collecting materials to serve the analysis, determination of causes, and handling violations.

Article 15. Responsibilities of People's Committees where railways pass through

When a railway traffic accident occurs, the People's Committee where the accident takes place has the responsibility to coordinate with public security agencies, railway business enterprises to rescue victims, protect state property, enterprise property, and victim property. In cases where there are deceased persons whose whereabouts are unknown, without relatives, or whose relatives are unable to bury them, the People's Committee where the accident occurred is responsible for organizing the burial.

Chapter III

PROCEDURE FOR RESOLVING RAILWAY TRAFFIC ACCIDENTS

PART 1

EMERGENCY ASSISTANCE FOR VICTIMS AND SECURING THE ACCIDENT SITE

Article 16. Organization of emergency assistance for victims

1. The train conductor or locomotive driver (if there is no train conductor on board) must immediately organize first aid for the victims. Based on the actual situation, implement the following provisions:

a) If the location of the accident facilitates the transportation of victims to emergency facilities by other means of transportation, personnel must be dispatched or urgently mobilized to transport the victims to the nearest medical facility for emergency care.

b) Organize the transfer of the victim onto the train or locomotive and take them to the most convenient station for further emergency care;

c) In cases where it is not possible to organize emergency transportation as stipulated in points a and b of this clause, requests should be made to relevant agencies, units, and nearby medical facilities to provide transportation and medication.

2. Along with organizing emergency care for injured persons and assigning personnel to watch over the victims, if there are people on the affected vehicles who need to be transferred to other carriages or moved to the ground, personnel must be assigned to watch over and protect the property (in cases involving hazardous goods, safety measures must be implemented).

3. When there are injured individuals in the station or on the train who are handed over to the station, the station master or the train dispatcher must organize emergency care for the victims.

Article 17. Organization of securing the accident site

1. The train conductor or locomotive driver is responsible for organizing the protection of the accident site according to current regulations when the accident occurs within the station yard.

2. The shift duty officer at the station is responsible for organizing the protection of the accident site according to current regulations when the accident occurs within the station premises.

PART 2

REPORTING OF ACCIDENTS

Article 18. Procedure for reporting when an accident occurs

1. The train conductor or locomotive driver (if the train does not have a conductor) must immediately report to the shift duty officer at the station or the traffic dispatcher.

2. The station shift controller must immediately report to the following organizations or individuals:

a) The traffic dispatcher;

b) The shift controller at the adjacent station;

c) The station master.

3. The station master must immediately report to the following organizations or individuals:

a) The nearest public security agency;

b) The nearest People's Committee (in cases of fatal accidents and situations requiring coordination with People's Committees at various levels);

c) The Railway Inspectorate in the relevant area (for train operation accidents);

d) Relevant units within the station and the Railway Traffic Safety Subdivision responsible for the area (in cases of accidents occurring on national railway lines).

4. The traffic dispatcher and shift duty dispatcher must immediately report to the following organizations and individuals:

a) Leaders of the Railway Transport Operations Center, Leaders of the Traffic Safety Department under the Vietnam Railway Corporation;

b) Leaders of enterprises managing and operating dedicated railways and other related units, organizing forces to participate in resolving the accident.

5. The leader of the Railway Transport Operations Center must immediately report to the Leader of the Vietnam Railway Corporation to direct and organize the resolution of the accident and rescue operations according to regulations.

Article 19. Measures to Report Information

1. When an accident occurs, all measures must be taken quickly through communication means or direct meetings to report the accident to relevant organizations and individuals as stipulated in Article 18 of this Circular.

2. In cases where the individuals specified in Article 18 of this Circular cannot contact one of the relevant organizations or individuals, they are required to cooperate and support in reporting the accident to the remaining organization or individual.

Article 20. Content of Information to be Reported

1. The initial contents of information about accidents must be timely, accurate, and include the following main elements:

a) Location where the accident occurred (kilometer, section, commune, ward, district, county, province, city);

b) Time when the accident occurred;

c) Number of fatalities, number of injured persons;

d) Preliminary status of the scene, damaged vehicles, affected infrastructure;

đ) Other information as required by the recipient of the report.

2. In addition to the initial report as stipulated in Clause 1 of this Article, the train conductor or locomotive driver (if the accident occurs outside the station yard); the station master or shift duty officer (if the accident occurs within the station) must prepare an accident report according to the form prescribed in Appendix 1 attached to this Circular. The accident report must be submitted together with the initial accident file to the competent authorities as stipulated in Clause 3 of Article 22 of this Circular.

Article 21. Handling Reports of Accidents

All organizations and individuals upon receiving information about an accident or being requested to cooperate and support in reporting the accident must take all measures to implement the request and report back to the requester (if applicable), while immediately implementing the work and professional measures as prescribed if the accident falls within their scope and responsibility. If the accident does not fall within their scope and responsibility, they must continue to report the accident to the organization or individual responsible for cooperation and support when requested.

PART 3

ESTABLISHING THE INITIAL FILE OF THE ACCIDENT

Article 22. Establishing the Initial File of the Accident

1. The accident file is established by the competent public security agency. In cases where the public security agency has not yet arrived, along with rescuing victims, reporting the accident, the train conductor or locomotive driver (if the accident occurs outside the station yard), the station master or shift duty officer (if the accident occurs within the station) must also establish the initial accident file.

The initial accident file prepared by the train conductor or locomotive driver (if the train does not have a conductor) is handed over to the nearest station master or shift duty officer.

2. The initial case file of the accident includes:

a) Accident report (the content of the accident report is established according to Form No. 1 in Appendix 2 attached to this Circular);

b) Statement record according to Form No. 2 in Appendix 2 attached to this Circular or the victim's report (if the victim can still speak or write);

c) Report from railway staff involved;

d) Report from at least two witnesses not related to the accident (if available);

đ) Handover record of victims, property, and related documents.

3. The initial accident file must be established in three copies and must be sent to the competent authorities as follows:

a) One copy must be sent to the public security agency of the district or county where the railway traffic accident occurred within 48 hours from the time of the accident;

b) One copy must be sent to the Railway Inspectorate in the relevant area;

c) 01 copy to be sent to the Railway Traffic Safety Committee (in cases where accidents occur on national railways) or the enterprise managing and operating dedicated railways (in cases where accidents occur on dedicated railways).

PART 4

SETTLEMENT OF AFTERMATH AND RESTORATION OF TRAFFIC

Article 23. Settlement of aftermath and restoration of traffic in cases involving fatalities

1. When there is a fatality, the train conductor or the locomotive driver (if the train does not have a conductor) must assign someone to watch over and protect the victim until they are handed over to the competent authority for resolution. If the train can continue running but the location of the fatality obstructs the operation of the train, mark the location of the fatality (must be clearly recorded in the accident report) and move it out of the obstructed area to allow the train to continue running. In cases where the accident information cannot be reported according to Clause 1, Article 18 of this Circular, stop at the first station to report the information according to regulations.

If only the Freight Train Conductor and the Locomotive Crew or only the Locomotive Crew are present, assign the Assistant Train Driver to stay and watch over the victim. In cases where an accident occurs and there is only one Locomotive Driver on the train, the Locomotive Driver has the right to delegate the task of watching over the victim to a railway employee performing duties at the accident site or must stay directly to watch over the victim and use the fastest means of communication to report the accident to the nearest station. After receiving the accident report, the station master or the train dispatcher must quickly assign someone to watch over the victim so that the Locomotive Driver can continue running the train or so that the Assistant Train Driver can return to the station with the Locomotive Driver to continue running the train.

2. In cases where there is a fatality on the train, the train conductor shall deliver the body of the victim to the nearest station and hand it over to the station master or the train dispatcher for resolution. If the victim's relatives are traveling with them and if requested, the train conductor may facilitate their disembarkation at a convenient station but not more than 100 kilometers from the location where the victim died. In all cases, the victim should not be returned to the departure station.

3. When there is a fatality due to a railway traffic accident within the station premises or on trains handed over to the station, the station master or the train dispatcher must organize the watch over the victim and coordinate with the police and other relevant agencies to continue resolving the situation.

4. Burial of victims:

a) In cases where the victim's relatives are traveling with them, or the victim is a local resident or an employee of an agency or unit near the station, the station master participates in coordinating with the police and local authorities to complete the procedures as prescribed by law. The burial of the victim is handled by the local authorities, relatives, or the victim's agency.

b) In cases where the identity of the deceased victim is unknown, after completing the procedures to establish the accident file in coordination with the police and local authorities, the station master contacts the local authorities to coordinate the burial of the victim.

c) In cases where the deceased is a foreigner, the station master coordinates with the police and local authorities to report to the provincial public security agency for resolution.

5. The burial file of the victim must include the following documents and materials:

a) The on-site investigation record established by the police or the accident report;

b) The autopsy report;

c) The permit for burial issued by the police;

d) The handover record of the victim's body.

6. When the Chairman of the Board or the person assigned the task of leading the accident resolution arrives at the scene (in cases where the station master is not assigned the task of leading the accident resolution), the station master reports back and implements the aftermath resolution tasks concerning the deceased person according to the instructions of the Chairman of the Board or the person assigned the task of leading the accident resolution.

Article 24. Restoration of traffic in cases requiring rescue assistance

1. In case of accidents or abnormal situations on railway tracks that lead to train stops which those present at the scene cannot resolve to ensure safe operation of trains, the train conductor or locomotive driver (if outside the station yard) or the station master or the running shift supervisor (if within the station) must request rescue assistance.

2. The person requesting rescue assistance must promptly observe the scene, compile the situation, report accurately the content of the rescue request, and be responsible for the content of their rescue request. After making the rescue request, they must work with relevant unit personnel present at the scene to inspect and examine the scene, then draft an initial record while assigning someone to protect the scene until competent authorities arrive to handle the situation.

3. In cases where information about a train accident occurring outside the station yard is reported by non-station yard train operation staff, the running shift supervisor or station master must immediately report to the train dispatching center and the adjacent station to agree on the fastest plan to send personnel to the scene to conduct specific inspections and proceed with the procedures for requesting rescue assistance.

4. When competent authorities arrive to handle the situation, the handover of files, documents, equipment, and other related evidence shall be carried out according to the requirements of the competent authorities.

5. The General Director of Vietnam Railway Corporation shall specify the organization of rescue operations and restoration of traffic on national railways, and the General Director or Director of enterprises managing and operating dedicated railways shall specify the organization of rescue operations and restoration of traffic on dedicated railways.

Article 25. Restoration of traffic in cases not requiring rescue assistance

1. In case of accidents or incidents, the train conductor or locomotive driver (if outside the station yard); the station master or running shift supervisor (if within the station) shall, after coordinating with relevant individuals to inspect the locomotive, carriages, and railway equipment, if there is no damage or insignificant damage, all obstructions have been removed from the locomotive and carriage limits, and the train can continue running, allow the train to continue running after completing the initial file.

2. In cases where the train collides with large livestock such as buffalo or cattle, or has minor contact without affecting the safety of train operation, the train does not need to stop.

Article 26. Costs for handling aftermath and restoring traffic

Railway business enterprises are responsible for costs to serve the handling of aftermath of railway traffic accidents and restoration of traffic in accordance with the provisions of the law.

Chapter IV

ANALYSIS, COMPENSATION AND REGIME OF STATISTICS AND REPORTING OF RAILWAY TRAFFIC INCIDENTS AND ACCIDENTS

Article 27. Analysis of Railway Traffic Accidents and Incidents

1. Railway traffic accidents must be analyzed for causes and measures to address them proposed. The analysis of railway traffic accidents must be based on current regulations.

2. The General Director of Vietnam Railway Corporation is responsible for organizing the analysis of railway traffic accidents occurring on national railways, and the General Director or Director of enterprises managing and operating dedicated railways is responsible for organizing the analysis of railway traffic accidents within their management scope. For train accidents whose causes are unclear or responsibilities among related organizations and individuals have not been determined, when organizing the analysis, representatives of the Vietnam Railway Administration must participate.

3. If necessary, the Minister of Transport may decide to establish an Accident Analysis Board or authorize the Director of the Vietnam Railway Administration to establish such a board. The Accident Analysis Board includes representatives of railway business enterprises, representatives of the Vietnam Railway Administration, representatives of related agencies and units, and experts in railway transportation safety fields.

Article 28. Compensation for Damage

Every organization and individual causing accidents or traffic incidents on railway tracks must compensate for damage (including damage caused by train delays) and pay all costs to resolve such accidents or incidents resulting from their violations as prescribed by law.

Article 29. Statistics and Reporting System

1. All accidents and incidents must be documented in a file to serve as a basis for analyzing and concluding the causes, summarizing the overall safety situation in railway operations, and advising leaders at various levels on ensuring traffic safety and order on railways.

2. The Vietnam Railway Corporation and enterprises managing and operating dedicated railways have the responsibility to organize the storage of files, statistics, reporting, and summarization of situations regarding accidents and incidents on railways.

3. On a monthly, quarterly, six-monthly, nine-monthly, and annual basis, the Vietnam Railway Corporation and enterprises managing and operating dedicated railways must summarize the situation of accidents and incidents on railways according to regulations and report to the Ministry of Transport (through the Vietnam Railway Administration and the Department of Traffic Safety) and notify relevant units. Reports shall be made in accordance with the forms specified in Appendix 3 of this Circular.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

This Circular takes effect 45 days from the date of issuance; Decision No. 191/QĐ-ĐS dated March 25, 1994 of the General Director of the Vietnam Railways Association promulgating the Rules for Handling Railway Traffic Accidents is hereby repealed.

Article 31. Implementation Organization

1. Enterprises participating in railway operations are responsible for disseminating and guiding subordinate units, organizations, and individuals involved in railway transportation activities to implement this Circular.

2. The Vietnam Railway Administration shall take the lead and coordinate with relevant agencies to conduct inspections and checks on the implementation of this Circular.

3. Any difficulties or issues encountered during implementation should be reported to the Vietnam Railway Administration for consolidation and reporting to the Ministry of Transport for consideration and resolution./.