Circular No. 17/2021/TT-BGTVT on prevention, response to, and mitigation of consequences of natural disasters; emergency response and rescue operations in the railway sector

CIRCULAR

Regulations on prevention, control, and mitigation of natural disasters;

emergency response and rescue in the railway sector

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Pursuant to the Railway Law dated June 16, 2017;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013; the Law amending and supplementing certain articles of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction dated June 17, 2020;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government stipulating organization and operation for emergency response to natural disasters and search and rescue;

Pursuant to Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law on Dike Construction;

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;

At the proposal of the Director of the Department of Traffic Safety and the Director of the Vietnam Railway Administration,

The Minister of Transport hereby promulgates this Circular on prevention, control, and mitigation of natural disasters; emergency response and rescue in the railway sector.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on prevention, control, and mitigation of natural disasters and rescue in the railway sector on national railways invested by the State.

Article 2. Applicability

This Circular applies to organizations and individuals related to prevention, control, and mitigation of natural disasters and rescue in the railway sector on national railways invested by the State.

Article 3. Principles of operation for prevention, control, and mitigation of natural disasters and rescue in the railway sector

1. Adhere to basic principles in natural disaster prevention and control as prescribed in Article 4 of the Law on Natural Disaster Prevention and Control and Article 4 of Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government on organization and operation of emergency response to natural disasters and search and rescue operations.

2. When natural disasters weaken or after weather returns to normal, organizations and individuals assigned tasks must immediately implement measures to respond to and mitigate damage to railway infrastructure to restore railway transportation operations, ensuring safe and smooth railway traffic.

3. Ensure safety for persons, means of transport, equipment participating in emergency response to natural disasters and rescue, railway infrastructure, and means of transport within the scope of emergency response and rescue areas, and protect the environment; minimize incidents and accidents caused by emergency response and rescue activities.

Chapter II

NATURAL DISASTER PREVENTION AND RAILWAY RESCUE OPERATIONS

Section 1 PREVENTION OF NATURAL DISASTERS

Article 4. Contents of natural disaster prevention

1. Basic investigation for natural disaster prevention aimed at limiting the impact of natural disasters on railway infrastructure systems and railway transportation means; preventing risks of damage or destruction of facilities when natural disasters occur, including the following main contents:

a) Current status regarding organizational structure, human resources, and equipment of enterprises operating railway infrastructure in natural disaster prevention activities;

b) Impact of natural disasters on railway infrastructure and railway operations.

2. Develop and implement plans for natural disaster prevention in accordance with laws on natural disaster prevention and control and laws on railways.

3. Organize and participate in training on skills for handling information in natural disaster prevention, control, and rescue operations.

4. Develop emergency response plans for natural disasters, predict levels of natural disaster risk and types of natural disasters that may occur; assess the impact on railway infrastructure and railway transportation means; establish appropriate measures and plans according to the following contents:

a) Measures to secure, bind, support, prop, wedge, and brace to protect facilities, equipment, means of transport, and goods;

b) Evacuation plans for means of transport, equipment, and goods; rescue and evacuation plans, passenger and cargo transfer plans;

c) Reserve materials, equipment, and supplies; reserve food and essential items to prevent disruptions to continuous north-south trains or local trains running over 300 kilometers due to natural disasters;

d) Measures to prevent floating objects from impacting facilities during floods;

đ) Continuously monitor the development of various types of natural disasters; observe actual conditions of ongoing natural disasters affecting facilities; monitor the extent of facility and equipment damage from natural disasters;

e) Establish communication protocols during emergencies to ensure compliance with natural disaster prevention principles. Anticipate situations such as power outages and communication disruptions to quickly and effectively address them.

5. Prepare materials, means, equipment, and essential supplies for natural disaster prevention and rescue operations:

a) Main materials include: timber planks, gravel, steel cages, rails, rail spikes, temporary beams for construction, pallets, ropes, signposts, crossbeams, steel wire, fuel, gasoline, and other necessary materials;

b) Equipment includes: locomotives, carriages, rescue cranes, construction cranes, various types of trucks, pile drivers, excavators, generators, pumps, welding machines, jacks, wired and wireless communication devices, waterway vessels for areas accessible only by waterways, and other necessary tools and equipment;

c) Reserve essential food, supplies, and medicines in vulnerable and dangerous locations for use when needed.

6. Ensure requirements for natural disaster prevention as prescribed in Articles 5, 6, 7, and 8 of this Circular.

Article 5. Disaster Prevention during the Survey, Design, Repair, Renovation, and Upgrade Phase of Railway Projects

From the survey and design phase onwards, it must be ensured that technical standards, applicable standards, laws on disaster prevention and control, construction laws, and the following provisions are adhered to:

1. Study topography, geomorphology, geology, meteorological and hydrological data of the project area; investigate, survey, and collect comprehensive data of the project area regarding: earthquake intensity; maximum rainfall; flood frequency and historical water levels; wave and tidal erosion impact on the project; maximum wind and storm intensity; historical floods, storms, accidents, and natural disasters.

2. Calculate and design the scale of repair, renovation, and upgrade projects to ensure stability against the destructive impact of regional natural disasters according to technical standards and applicable standards. The design plan for repair, renovation, and upgrade projects must consider the influence of hydraulic and hydropower projects, other artificial structures, environmental destruction impacts of the construction region, climate change adaptation, fire and explosion prevention as stipulated by construction laws.

3. Apply advanced technology, new technology, new materials, and research hydrological and hydraulic rules of rivers; natural disaster patterns of the project area to develop reasonable solutions for project renovation, repair, and upgrade, capable of resisting natural disaster impacts.

Article 6. Disaster Prevention during the Construction Phase of Repair, Renovation, and Upgrade of Railway Projects

1. When conducting repair, renovation, and upgrade construction of railway projects spanning through the flood and storm season, the construction organization plan must consider disaster prevention measures for unfinished projects, auxiliary works, and construction equipment to ensure safety.

2. Preventing accidents and natural disasters when designing construction organization and preparing for repair, renovation, and upgrade of railway projects:

a) Shelters, material storage areas, and construction equipment sites must have reinforcement measures; ensuring safety in case of accidents and natural disasters; the construction site's electrical system must have safety measures;

b) The construction schedule must be reasonably established with sufficient capacity to respond to accidents and natural disasters;

c) There must be evacuation plans for people and assets; organizing rescue forces, communication, and stockpiling necessary materials and equipment to prepare for responding to accidents and natural disasters during the construction of repair, renovation, and upgrade projects.

3. Preventing accidents and natural disasters during the construction of repair, renovation, and upgrade of railway projects:

a) Construction must follow approved design documents, technical instructions, construction organization plans, and construction schedules;

b) Adhere to the construction quality management procedures as prescribed by law; ensuring compliance with applicable technical standards and standards for the project;

c) Regularly clear water flow and drainage systems of the project to minimize impact during accidents and natural disasters;

d) Solid waste from construction activities must be collected at designated locations and must not affect disaster prevention and control work at the construction site;

đ) When natural disasters are imminent in the project area, personnel, vehicles, and equipment must be arranged to inspect the actual condition of the project; lower high machinery and equipment; move underwater equipment to sheltered areas and secure them firmly; clean up the construction site, store machinery and equipment in designated areas; prepare forces and equipment to implement disaster prevention plans;

e) Clear water flow and clean the construction site before final inspection and handover of the project for use.

Article 7. Prevention of natural disasters for operational railway works

1. Regularly inspect and monitor weak positions and railway works that pose safety risks when natural disasters occur to proactively and promptly address or report to competent authorities to decide on measures to ensure the safety of the works and railway traffic safety.

2. For culverts, tunnels, and bridges less than 25 meters (the distance from the end of the wing wall or the end of the rail trough of one abutment to the end of the wing wall or the end of the rail trough of the other abutment):

a) For bridges less than 25 meters: Clear water flow, create good drainage conditions; regularly inspect and promptly repair parts of the bridge including: Four cones, bridge approach, the junction between the bridge approach and the abutment. In cases where the bridge has shallow foundation structures, check the degree of erosion of the riverbed and take measures to reinforce against erosion;

b) For culverts: Clear the culvert bed; regularly inspect and promptly repair upper and lower structure parts of the culvert; reinforce against erosion of the culvert flow;

c) For tunnels: Clear longitudinal and crown drains of the tunnel; relayer damaged drain sections; regularly inspect and promptly propose and implement measures to reinforce weakened tunnel shell structures and leaks; take preventive and protective measures against rock rolling and falling in the tunnel area.

3. For bridges 25 meters or more (the distance from the end of the wing wall or the end of the rail trough of one abutment to the end of the wing wall or the end of the rail trough of the other abutment):

a) Before the rainy and storm season, organize measurements and update cross-sections of the riverbed within the scope affecting the safety of the bridge;

b) Regularly inspect and promptly repair damage to structural parts of the bridge, especially those directly affected by natural disasters;

c) Regularly inspect the degree of erosion of the riverbed and bridge abutments to promptly take measures to reinforce and handle to ensure the safety of the work during the rainy and storm season;

d) Inspect and promptly propose and implement measures to reinforce or construct new anti-collision piles to prevent floating objects from impacting and causing safety issues for the bridge;

đ) Monitor, record, and store changes in hydrological and hydraulic conditions of the flow and promptly propose and implement appropriate solutions to ensure the safety of the bridge during the rainy and storm season.

4. For railway tracks:

a) Regularly inspect, cut trees and grass, dredge and clear longitudinal and crown drains, sub-surface and track base drainage to ensure drainage capacity during floods;

b) Create a slope for the road shoulder to direct water into the drain or down the lower slope, ensuring continuous slope for the drain to channel water into collection pits and out of the track area;

c) Treat embankments and excavated track bases to prevent landslides; level and fill to create a stable and drainage-capable surface for the embankment, cutting trees growing on the top of the embankment. Treat underground seepage emerging at the embankment surface (if present). At weak track base locations, implement reinforcement measures to enhance stability and durability.

5. For railway architectural works, warehouses, and cargo yards:

a) Regularly inspect and dredge and clear the drainage system of the works to ensure drainage capacity during floods;

b) Inspect and promptly address waterproofing, leak prevention, and lightning protection of the works;

c) Reinforce weak areas to ensure increased safety of the works during the rainy and storm season.

6. For communication and signaling works:

a) Clear the safety corridor of power lines and signal visibility;

b) Replace faulty poles, crossarms, leaking and broken wires. Supplement broken and missing wires. Rebuild eroded pole foundations;

c) Check and address grounding and lightning protection systems for machinery and equipment and central offices to ensure safety during the rainy and storm season;

d) Promptly repair damaged communication and signaling equipment to ensure proper operation during floods and storms;

đ) Have fire prevention and short circuit handling plans for signaling equipment in flooded areas.

7. Essential works constructed within the land allocated for railways must be inspected and measures taken to ensure the safety of people, railway works, and railway traffic when natural disasters occur.

Article 8. Disaster Prevention in Railway Transport Activities

Prior to each annual rainy and storm season, railway transport enterprises must develop a disaster prevention plan for railway transport activities including:

1. A plan to ensure safety for people and means of transportation, goods when disasters occur.

2. Transfer plans for passengers, provision of essential foodstuffs and medical supplies for passenger trains, and storage of goods in areas prone to disruptions in railway transport due to the impact of disasters such as places where disasters frequently cause damage to railway infrastructure; mountain passes, slopes, tunnels; remote areas.

3. Measures to ensure safety, public order, environmental protection in weak zones at risk of disruptions in railway transport during disasters.

Article 9. Responsibilities of Agencies and Units During Disaster Prevention Phase

1. Vietnam Railway Administration:

a) Participate in information dissemination, communication, and education programs on disaster prevention and response; enhance knowledge on disaster prevention and response according to plans and requirements of competent authorities;

b) Organize inspections of disaster prevention, response, and aftermath recovery efforts by railway infrastructure business enterprises;

c) Coordinate with railway infrastructure business enterprises and related units in updating disaster prevention and response plans as prescribed;

d) Compile five-year disaster prevention and response plans and annual adjustments and updates prepared by railway infrastructure business enterprises for reporting to the Ministry of Transport as required.

2. Railway Infrastructure Business Enterprises:

a) Organize publicity, dissemination, and legal education; organize and participate in training, drills, and exercises on disaster prevention, response, aftermath recovery, and rescue operations within their responsibilities and obligations;

b) Implement and conduct basic investigations on disaster prevention and response as stipulated in Clause 1, Article 4 of this Circular;

c) Organize the development and adjustment of disaster prevention and response plans as stipulated in Clause 2, Article 4 of this Circular and submit them to the Vietnam Railway Administration for compilation and reporting to the Ministry of Transport;

d) Prior to each annual rainy and storm season, railway infrastructure business enterprises must regularly inspect and assess the safety level of structures that need protection or disaster prevention structures. If hazardous signs indicating unsafe conditions for operation and use are discovered, the railway infrastructure business enterprise has the responsibility:

To promptly decide and implement measures to ensure the safety of structures and railway traffic safety under the management and use of the structure according to the law;

In cases where the structure's damage affects safe use and operation requiring urgent repairs to ensure safety, the railway infrastructure business enterprise organizes inspections and proposes repair plans to be submitted to the Vietnam Railway Administration for implementation according to the regulations of the Minister of Transport on national railway infrastructure management and maintenance.

Actively take the lead and coordinate with local authorities through which railways pass and relevant agencies and units to implement disaster prevention and response plans;

e) Implement preventive measures against disasters as stipulated in Clause 4, Clause 5, Article 4, and Article 7 of this Circular;

g) Regularly inspect and assess the safety level of railway structures that need protection or structures related to disaster prevention;

h) Establish a standing team to update information on disaster developments;

i) Regularly inspect and urge project investors and construction contractors of operating railway structures and other structures within the railway land area to implement disaster prevention, response, aftermath recovery measures; emergency response and railway rescue operations;

k) Fulfill tasks assigned by the Ministry of Transport's Steering Committee for Disaster Prevention and Response and Search and Rescue Operations.

3. Project Investors, Construction Units Undertaking Repair, Improvement, and Upgrading of Railway Structures and Other Structures Within the Railway Land Area:

a) Be subject to the direction and command of railway infrastructure business enterprises;

b) Implement provisions stipulated in Clause 2, Clause 3, Point e Clause 4, Article 4, Article 5, and Article 6 of this Circular.

Section 2

EMERGENCY RESPONSE TO DISASTERS AND RESCUE OPERATIONS

Article 10. Content of Response to Disasters, Natural Calamities, and Rescue Operations

1. Receiving timely information on forecasts and warnings of natural calamities to handle and notify affected entities in accordance with the type of natural calamity, intensity, risk level, current location, coordinates, direction, and development trend.

2. Deciding and implementing disaster response measures in accordance with laws on prevention and control of natural calamities to ensure safety for people, safe operation of trains, means of transport, and equipment; minimizing damage to railway infrastructure assets and railway transportation means of transport to the lowest extent possible.

3. Ensuring traffic and communication to meet the requirements of command and control for prevention and control of natural calamities.

4. Organizing the mobilization of resources to respond to accidents and natural calamities:

a) Responding to accidents and natural calamities when railway infrastructure is damaged: Organizing monitoring, inspection, patrolling, and guarding at locations where railway infrastructure has been damaged or is at risk of being destroyed by natural calamities such as areas where embankments have collapsed, roads have broken apart, lost stability; areas where embankments are flooded; areas where rocks have rolled down; tunnel areas; bridges where bridge structures and reinforcement works have been damaged or are at risk of being damaged by natural calamities, threatening train safety; mountain pass and slope areas; signal posts and towers that have fallen; communication equipment that has been flooded; areas potentially affected by water discharge from dams or levees that may cause flooding and damage to railway structures; other locations that pose risks to human safety, railway structures, railway transportation, environmental hygiene, fire and explosion hazards due to natural calamities.

b) Responding to accidents and natural calamities when railway transportation operations are disrupted:

Organizing the maintenance of public security, environmental hygiene, fire prevention, and evacuation of passengers; protecting the lives and property of passengers; promptly moving train formations out of dangerous areas to ensure safety.

5. Implementing measures in response to natural calamities as stipulated in Article 11 of this Circular.

Article 11. Measures in Response to Accidents and Natural Calamities and Rescue Operations

1. When typhoons, tropical depressions, heavy rains, floods, flash floods, inundations, rising waters, landslides caused by rain and floods or river currents, subsidence caused by rain and floods or river currents occur:

a) Evacuating people from dangerous areas and places that do not guarantee safety; concentrating on implementing measures to ensure safety for people, especially vulnerable groups in emergency situations.

b) Searching for and rescuing injured persons, providing food, medicine, drinking water, and other essential supplies in isolated areas, severely flooded areas, and evacuation sites.

c) Promptly taking measures to ensure the safety of railway structures.

d) Implementing measures to ensure safety, stability, and prevent the movement and sliding of railway transportation means of transport on tracks or in stations.

đ) Promptly moving railway transportation means of transport out of dangerous areas and flooded areas to safe locations.

e) In cases of prolonged heavy rain and strong typhoon winds, technical conditions of railway structures must be inspected to decide on measures to organize safe train operations.

2. When earthquakes and tsunamis occur:

a) Actively seeking shelter and ensuring safety for people and railway transportation means of transport.

b) Actively evacuating people and railway transportation means of transport from areas affected by earthquakes and tsunamis.

c) Organizing rescue and treatment of injured persons. Arranging temporary accommodation, providing food, medicine, drinking water, and other essential supplies for passengers on trains and railway staff affected by the events.

d) Participating in search and rescue operations according to the requirements of competent authorities.

3. Ensuring continuous and prompt handling of communication between the Railway Transport Traffic Control Center and regional transport management offices, Disaster Prevention and Control Command, and forces participating in accident and natural calamity response in affected areas.

4. Proactively adjusting train schedules and speeds appropriately in areas affected by natural calamities to ensure the safety of structures, safe train operations, and passenger safety; promptly providing information to customers about railway transport traffic control services and the capacity of damaged infrastructure structures caused by natural calamities.

5. Organizing speed limit signs and combining them with patrols and protection at locations where railway infrastructure has been damaged by natural calamities, and locations with potential risks to train safety.

6. Ensuring social security and order in areas affected by natural calamities, protecting railway infrastructure assets and customer property.

7. Operating trains, concentrating trains, and using railway transportation means of transport in accordance with national technical standards for railway operation and national technical standards for railway traffic signals, and business regulations of railway infrastructure operators.

Article 12. Responsibilities of agencies, organizations, and units in responding to emergencies, natural disasters, and rescue operations

1. Vietnam Railway Administration:

a) The Steering Committee for Flood and Storm Control and Search and Rescue of the Vietnam Railway Administration shall receive and implement directives from the Steering Committee for Flood and Storm Control and Search and Rescue of the Ministry of Transport to railway enterprises and subordinate units of the Vietnam Railway Administration that are affected by natural disasters as prescribed;

b) Coordinate with local authorities and railway infrastructure business enterprises to direct units to participate in responding to emergencies and natural disasters.

2. Railway Infrastructure Business Enterprises:

a) Receive information on natural disaster forecasts, warning levels, natural disaster developments, directives, and commands from the Steering Committee for Flood and Storm Control and Search and Rescue of the Ministry of Transport and the Vietnam Railway Administration to proactively organize responses to emergencies and natural disasters to ensure the safety of railway infrastructure and railway transportation as prescribed;

b) When a natural disaster occurs, take the lead and coordinate with project sponsors, construction units operating on existing railways, and construction projects within the railway land area to immediately implement prepared plans and select appropriate measures to effectively address incidents;

c) Implement the contents stipulated in Article 10 of this Circular.

3. Project sponsors, construction units operating on existing railways, and construction projects within the railway land area shall perform:

a) The contents stipulated in Clause 1 and Clause 3 of Article 10; Point c of Clause 1 and Point d of Clause 2 of Article 11 of this Circular;

b) Proactively coordinate with railway infrastructure business enterprises and related units to resolve incidents affecting construction projects or those at risk of being destroyed.

4. Organizations and individuals specified in Clauses 2 and 3 of this Article, when participating in emergency response and natural disaster management, shall cooperate with local authorities and Railway Inspection and Safety Departments to maintain order and security in areas affected by incidents and natural disasters, comply with orders and directives from competent authorities, and be ready to assist other units upon mobilization to mitigate the consequences of incidents and natural disasters.

Section 3

MITIGATION OF INCIDENT CONSEQUENCES AND NATURAL DISASTER RESCUE OPERATIONS

Article 13. Contents of Mitigation of Incident Consequences and Natural Disaster Rescue Operations

1. Continue implementing measures in emergency response, natural disaster management, and rescue operations.

2. Evacuate passengers, luggage, and passenger property out of the affected area to safe locations; transport or continue protecting goods according to actual conditions.

3. Decide on and implement repair and restoration of damaged railway works to ensure uninterrupted and safe transportation as quickly as possible.

4. Salvage and repair railway transportation equipment, construction tools, and train operation support equipment to serve production; repair flood and storm prevention facilities that have been damaged.

5. Implement environmental protection measures and disease prevention in areas affected by incidents and natural disasters.

6. Prepare incident mitigation and rescue operation records in accordance with Article 17 of this Circular.

Article 14. Procedures for remedying consequences of accidents and natural disasters concerning: Railways; railway bridges, culverts, tunnels; retaining walls and barriers directly affecting train operations.

The remediation of consequences of accidents and natural disasters shall be carried out in two steps as follows:

1. Step 1: From the time of receiving the order to block the section and prohibit trains from running due to floods, storms, accidents, or natural disasters until the order to resume train operation at a speed of ≥15 km/h according to the design documents or technical solutions for repairing and restoring damaged works is issued. This step includes two phases:

a) Phase 1: Repairing the works to allow train operation at a speed of 05 km/h ensuring stability and safety. The period starts from the time of receiving the order to block the section until the time when train operation at a speed of 05 km/h is resumed. The contents of this phase include:

Organizing repairs to meet the requirements of this phase; Conducting load testing of the works (if necessary) to ensure safe railway traffic; ensuring the stability and safety of the works during train operation at this phase;

Preparing a record to determine the volume of work completed in this phase;

Organizing acceptance of the completed volume of work in this phase in accordance with regulations;

b) Phase 2: Reinforcing and restoring the works to allow train operation at a speed of ≥15 km/h according to the design documents or technical solutions for repairing and restoring damaged works, ensuring stability and safety. The contents of this phase include:

Organizing surveys, preparing, reviewing, and approving design documents or technical solutions for reinforcing and restoring the works affected in Step 1 to serve immediate repair and remediation of accident and disaster consequences and upgrading; except for complex works requiring drilling and geological hydrological studies, which will be transferred to Step 2 implementation;

Organizing repairs, reinforcement, and stabilization of the works to meet the requirements of safe train operation at the specified load and speed ≥15 km/h;

Continuing to reinforce the works and organizing safe train operation at the specified load and speed according to the design documents or technical solutions for reinforcing and restoring the works that have been approved;

Organizing train operation and inspection at the specified load and speed according to the design documents or technical solutions for reinforcing and restoring the works that have been approved, ensuring the stability and safety of the works and safe train operation;

Arranging signs to guide train operation according to regulations;

Continuously monitoring and evaluating the load-bearing capacity of the works to promptly take measures to ensure the safety of train operation in this phase;

Inspecting technical parameters of the works for each passing train throughout the process in this phase;

Preparing a record to determine the volume of work completed in this phase;

Organizing acceptance in accordance with regulations;

The time for reinforcing and restoring the works in Phase 2 shall not exceed 45 days; After operating trains at the specified load and speed according to the design documents or technical solutions for reinforcing and restoring the works that have been approved, immediately implementing the contents to carry out Step 2.

2. Step 2: Upgrading and restoring the works to ensure long-term stability and train operation according to the load and speed commands within the section.

Article 15. Procedures for remedying consequences of accidents and natural disasters concerning railway communication and signaling works.

The remediation of consequences of accidents and natural disasters shall be carried out in two steps as follows:

1. Step 1: Starting from the time of receiving reports about accidents causing interruptions in railway communication and signaling systems due to accidents or natural disasters until the restoration of the communication and signaling equipment system to conditions allowing safe train operation. This step includes two phases:

a) Phase 1: Clearing obstacles affecting the communication and signaling system, connecting communication lines; dismantling and maintaining railway communication and signaling equipment affected by accidents or natural disasters;

b) Phase 2: Supporting fallen or broken communication and signaling poles; reinstalling communication and signaling equipment to their original positions; restoring, replacing, and supplementing the communication and signaling pole and equipment system to ensure initial technical standards and stable operational conditions. The restoration time for this phase shall not exceed 45 days.

2. Step 2: Upgrading the communication and signaling equipment system to ensure technical standards and long-term stable operational conditions.

Article 16. Procedure for Implementing Measures to Mitigate Consequences of Accidents and Natural Disasters for Railway Architectural Works

The remediation of consequences of accidents and natural disasters shall be carried out in two steps as follows:

1. Step 1: Starts from the time when the railway traffic control authority receives telegrams about accidents affecting railway architectural works due to accidents or natural disasters causing disruptions in railway transportation operations until the reinforcement and restoration of the works ensure safe conditions for railway traffic control activities. This step includes two phases:

a) Phase 1: Clearing obstacles caused by collapsed or fallen railway architectural works, connecting the traffic control equipment system; dismantling and maintaining traffic control equipment.

b) Phase 2: Reconstructing collapsed railway architectural works to ensure safe train operation conditions. Repairing and reinstalling the traffic control system to meet safety standards for railway transportation; restoring, replacing, and supplementing the traffic control system and railway architectural works to ensure initial technical standards for operational conditions. The recovery time for this phase shall not exceed 45 days.

2. Step 2: Upgrading the traffic control system and railway architectural works to ensure long-term stable operational technical standards.

Article 17. Regulations on Documentation for Mitigating Consequences of Accidents and Natural Disasters for Railway Works

1. Documentation for mitigating consequences of accidents and natural disasters for railway works in Step 1 must include the following components:

a) A request for review and approval of documentation for mitigating consequences of accidents and natural disasters for railway works in Step 1 by the railway infrastructure business enterprise;

b) Relevant materials concerning accident aftermath mitigation work including:

Confirmation records of damage caused by accidents and natural disasters with confirmation from the People's Committee of the commune (town, township) where the accident or disaster occurred affecting the railway works;

Directives and instructions from competent authorities;

Contracts for ordering and settling contracts for mitigating accident aftermaths in accordance with regulations;

Materials determining the time and location of area closures, speed restrictions, resumption of train speeds; the time of disruption and connection of the route and restoration of signaling systems; the time of disruption and restoration of traffic control system operations due to architectural works accidents;

c) Design documents or technical solutions for repairing, reinforcing, and restoring railway works in Step 1 that have been approved;

d) Quality management documentation for repairing, reinforcing, and restoring railway works including:

 Approval decision on the technical solution for repairing, reinforcing, and restoring railway works in Step 1;

 As-built drawings (with accompanying drawing list);

Certificates of origin and quality certificates of goods in accordance with the Product Quality Law;

 Monitoring results (if any), measurements, and tests during construction;

Inspection records of construction work, partial or phased project inspections (if any) during construction;

Counter-test results, quality inspection of projects, structural load-bearing capacity tests (if any);

Quality management documentation for installed equipment;

Appendices listing remaining issues requiring repair and mitigation (if any) after completing accident aftermath mitigation work;

Completion inspection record for accident aftermath mitigation work;

Other relevant documents, texts, and materials during accident aftermath mitigation and project inspections.

đ) Budget estimate documents in accordance with the guidelines of the Minister of Transport regarding pricing methods and cost management for public service activities in the national railway management and maintenance sector implemented through government procurement using state budget funds from regular expenditure, accompanied by other related documents serving as the basis for determining costs.

2. Documentation for mitigating consequences of accidents and natural disasters for railway works in Step 2 shall be carried out in accordance with laws governing quality management, construction, and maintenance of construction projects.

Article 18. Responsibilities of agencies and units in mitigating consequences of accidents and natural disasters and rescue operations

1. Vietnam Railway Administration:

a) Inspect and direct the implementation of measures to protect the environment; coordinate with specialized agencies to implement disease prevention measures in areas affected by accidents and natural disasters;

b) Review and approve files on mitigating consequences of accidents and natural disasters for projects at stage 1 as stipulated in Articles 14, 15, and 16 of this Circular. The review and approval period shall be within 10 working days from the date of receipt of complete files as prescribed in Clause 1 of Article 17 of this Circular;

c) Review and approve economic and technical reports or investment construction projects for projects at stage 2 as stipulated in Articles 14, 15, and 16 of this Circular aimed at mitigating consequences of accidents and natural disasters;

2. Railway Infrastructure Business Enterprises:

a) Survey, tally, and assess damage caused by accidents and natural disasters to national railway infrastructure;

b) Organize salvage, repair assets and equipment serving construction damaged by natural disasters;

c) Participate in implementing measures to ensure environmental hygiene and prevent diseases in areas affected by natural disasters;

d) Organize mitigation of consequences of accidents and natural disasters for railway projects at stage 1 as stipulated in Articles 14, 15, and 16 of this Circular, including:

Organizing surveys, preparing, reviewing, and approving design documentation, estimates, or technical solutions for repairing and restoring projects at stage 1;

Organizing repairs of damaged railway projects to ensure safe transportation during the shortest possible time as prescribed;

Organizing repairs and restoration of flood and disaster prevention projects that have been damaged;

e) Within 15 to 30 days from the completion of the first phase of rescue work, compile and finalize files on mitigating accidents and natural disasters for railway projects at stage 1 and submit them to the Vietnam Railway Administration for approval as prescribed;

f) Implement settlement and finalization of costs for mitigating consequences of accidents and natural disasters and rescue operations according to the provisions of the law;

g) Implement reporting procedures to competent authorities regarding disaster prevention, mitigation, and rescue operations as required by the competent authorities according to the provisions of this Circular;

3. Project investors, construction units of railway projects and other projects within the land allocated for railways:

a) Be subject to guidance and direction from railway infrastructure business enterprises and competent authorities during the process of mitigating consequences of accidents and natural disasters within their responsibility, ensuring the safety of railway projects, train operation safety;

b) Organize and implement repairs and restoration of works and project components under the project to ensure the fastest reopening of the route, train operation safety, project safety, labor safety, and protection of the environment in the construction area;

Article 19. Implementation of Mitigation of Consequences of Accidents and Natural Disasters for Railway Projects at Stage 2

1. Mitigation of consequences of accidents and natural disasters for railway projects at stage 2 as stipulated in Articles 14, 15, and 16 of this Circular shall be carried out in accordance with laws on investment and construction and related laws;

2. Project investors have the responsibility to organize construction to ensure quality requirements and traffic safety;

Section 4

STAND-BY FOR DISASTER PREVENTION AND REPORTING REGIME

Article 20. Duty Roster for Disaster Prevention and Control Work

1. Based on types of disasters according to the level of frequently occurring disaster risks in each region and the directives of the Steering Committee for Disaster Prevention and Control and Search and Rescue under the Ministry of Transport, the Steering Committee for Disaster Prevention and Control and Search and Rescue of each agency and unit shall specifically determine the duty roster time and duty system to ensure the fulfillment of assigned disaster prevention and control tasks.

2. Working hours, duty roster, compensatory rest for duty, rest time, and benefits for those receiving salaries from the state budget:

a) Working hours, duty roster, compensatory rest for duty, rest time, and benefits for those receiving salaries from the state budget when mobilized for disaster prevention and control duties shall be implemented in accordance with the provisions of Government Decree No. 30/2017/NĐ-CP dated March 21, 2017, stipulating the organization and operation of emergency response to accidents, natural disasters, and search and rescue operations, and the regulations of the Minister of Agriculture and Rural Development.

b) Based on actual conditions and assigned tasks, the head or person in charge of the disaster prevention and control and search and rescue agency shall be responsible for issuing the duty roster regulation for continuous disaster prevention and control work in accordance with the regulations of the Minister of Agriculture and Rural Development.

3. Working hours, duty roster, compensatory rest for duty, rest time, and benefits for those not covered by Clause 2 of this Article shall be implemented in accordance with labor laws and the regulations of the employing organization.

4. The duty roster is assigned by the Steering Committee for Disaster Prevention and Control and Search and Rescue at all levels.

Article 21. Regulations for Those Participating in Duty Rosters and Mobilized Participants in Accident and Natural Disaster Prevention and Mitigation Activities

Those performing duty roster tasks and those mobilized to participate in accident and natural disaster prevention and mitigation activities shall enjoy duty roster allowances, subsidies, and overtime pay as stipulated in Government Decree No. 30/2017/NĐ-CP dated March 21, 2017, concerning the organization and operation of emergency response to accidents, natural disasters, and search and rescue operations, and the guidelines of the Minister of Finance.

Article 22. Provisions Regarding Time and Information Reporting System

1. On Time

a) The disaster prevention and control plan for a five-year cycle corresponding to the socio-economic development plan;

b) By March 31 each year, railway infrastructure operating enterprises organize on-site inspections to develop disaster prevention and control plans;

c) Before June 15 each year, railway infrastructure operating enterprises draft annual adjustments to their disaster prevention and control plans and submit them to the Vietnam Railway Administration for consolidation and reporting to the Ministry of Transport.

2. Railway infrastructure operating enterprises annually report on disaster prevention and control work on national railways with the following contents:

a) Report title: Report on Disaster Prevention and Control and Search and Rescue Operations on National Railways;

b) Content requirements: Information about the list and contact phone numbers of members of the Steering Committee for Disaster Prevention and Control and Search and Rescue; responsibilities and addresses of related subjects; summary of disaster prevention and control plans; results of monitoring, inspection, and urging the implementation of disaster prevention and control tasks by railway operating enterprises;

c) Reporting entity: Railway infrastructure operating enterprises;

d) Receiving authority: Ministry of Transport, Vietnam Railway Administration;

đ) Reporting method: Periodic reports are submitted in either paper or electronic form, directly or through postal services;

e) Deadline for submission: March 31 each year;

g) Frequency of reporting: Annual periodic reports;

h) Data collection period: From March 31 of the previous year to March 30 of the reporting year;

i) Outline of the report: As set forth in the Appendix accompanying this Circular.

3. Within 48 hours of the occurrence of an accident or natural disaster, affected entities must promptly report to the Ministry of Transport and the Vietnam Railway Administration on the situation of the natural disaster; preliminary extent of damage; proposed response measures and timelines.

Chapter III

FINANCIAL SOURCES FOR ACCIDENT AND NATURAL DISASTER PREVENTION, MITIGATION, AND RESCUE OPERATIONS IN RAILWAY ACTIVITIES

Article 23. Sources of funds for prevention, control, and mitigation of consequences of accidents, natural disasters, and rescue operations

1. The sources of funds for prevention, control, and mitigation of consequences of accidents, natural disasters, and rescue operations shall be formed from the following sources:

a) State budget;

b) Other lawful revenues as prescribed by law.

2. Management and utilization of funds for prevention, control, and mitigation of natural disaster consequences shall be carried out in accordance with the laws on state budget.

Article 24. Expenses for prevention, control, and mitigation of consequences of accidents, natural disasters, and rescue operations

1. The items of expenses shall be implemented in accordance with the laws on state budget and guidelines of the Minister of Finance and the Minister of Transport.

2. Determination of expenses for this work shall be carried out in accordance with relevant laws.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Circular takes effect from October 15, 2021, replacing Circular No. 01/2010/TT-BGTVT dated January 11, 2010 issued by the Minister of Transport on prevention, control, and mitigation of flood and storm consequences; response to accidents, natural disasters, and rescue operations in railway activities; and Circular No. 28/2017/TT-BGTVT dated August 29, 2017 amending and supplementing some articles of Circular No. 01/2010/TT-BGTVT dated January 11, 2010 issued by the Minister of Transport on prevention, control, and mitigation of flood and storm consequences; response to accidents, natural disasters, and rescue operations in railway activities.

2. Article 4, Clause 4 of Article 5 of Circular No. 24/2020/TT-BGTVT dated October 13, 2020 issued by the Minister of Transport on amending and supplementing some articles of Circulars stipulating regular reporting systems in the railway sector is hereby abolished.

3. In case the legal normative documents serving as basis and reference in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal normative documents.

Article 26. Transitional Provisions

Accidents and natural disasters occurring before the effective date of this Circular shall be handled as follows:

1. The procedures, contents, files, and responsibilities of subjects in implementing the mitigation of consequences of accidents and natural disasters for Step 1 projects shall be carried out in accordance with Circular No. 01/2010/TT-BGTVT dated January 11, 2010 issued by the Minister of Transport on prevention, control, and mitigation of flood and storm consequences; response to accidents, natural disasters, and rescue operations in railway activities and Circular No. 28/2017/TT-BGTVT dated August 29, 2017 amending and supplementing some articles of Circular No. 01/2010/TT-BGTVT dated January 11, 2010 issued by the Minister of Transport on prevention, control, and mitigation of flood and storm consequences; response to accidents, natural disasters, and rescue operations in railway activities.

2. Mitigation of consequences of accidents and natural disasters for Step 2 projects shall be carried out in accordance with this Circular.

Article 27. Implementation Organization

1. Railway business enterprises, project investors, construction units of railway projects and other works within the railway land area have the responsibility to establish a Steering Committee for Flood and Storm Prevention and Search and Rescue in accordance with Article 30 of Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing implementation of certain provisions of the Law on Flood and Storm Prevention and the Law on Dikes to fulfill their responsibilities.

2. In cases where railway infrastructure assets are leased or transferred with limited exploitation rights, the enterprise receiving the lease or transfer of exploitation rights must perform the responsibilities and obligations of a railway infrastructure business enterprise in flood and storm prevention, mitigation of natural disaster consequences; response to accidents and rescue operations in the railway sector in accordance with this Circular and the contract with the competent state agency.

3. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Railway Administration, the Heads of agencies and units, and related individuals are responsible for implementing this Circular.

4. During the implementation process, if there are difficulties, the agencies and units are requested to submit reports and recommendations to the Ministry of Transport for consideration and resolution./.