Circular No. 19/2018/TT-BGTVT stipulates the standards for Railway Inspection Officers and requirements for material and technical facilities of railway inspection organizations.

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

_________________

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

Based on Decree No. 12/2017/NĐ-CP dated 1October 0February 2017 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

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

The Minister of Transport issues this Circular stipulating the standards for Railway Inspection Officers and requirements for material and technical facilities of railway inspection organizations. a) Providing testimonies and expert opinions for the case for which they have been summoned; Article 3. Railway Inspection Officer

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

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

1. A Railway Inspection Officer is a person who meets the criteria set forth in this Circular and is recognized as a Railway Inspection Officer to carry out railway transportation vehicle inspection activities and evaluate and certify urban rail transit safety management systems in accordance with the law.

2. Railway Inspection Officers are divided into two levels as follows:

a) Railway Inspection Officer;

b) Senior Railway Inspection Officer.

STANDARDS, DUTIES, RIGHTS AND

Chapter II
RESPONSIBILITIES OF RAILWAY INSPECTION OFFICERS
Article 4. Standards for Railway Inspection Officers

1. For Railway Inspection Officers

a) Graduated from university in one of the majors such as locomotive, carriage, metro train, railway system engineering, railway signaling information;

b) Foreign language: Hold a foreign language certificate at a level equivalent to Level 2 of the Vietnamese Foreign Language Proficiency Framework as prescribed in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 issued by the Minister of Education and Training on the Vietnamese Foreign Language Proficiency Framework of six levels;

c) Meet the basic computer skills standard as prescribed by law;

d) Pass the Railway Inspection Officer evaluation before being recognized as a Railway Inspection Officer;

đ) Have completed at least one year of training and internship in Railway Inspection Officer duties.

2. For Senior Railway Inspection Officers

a) Have held the Railway Inspection Officer level for at least five years;

b) Foreign language: Hold a foreign language certificate at a level equivalent to Level 3 of the Vietnamese Foreign Language Proficiency Framework as prescribed in Circular No. 01/2014/TT-BGDĐT dated January 24, 2014 issued by the Minister of Education and Training on the Vietnamese Foreign Language Proficiency Framework of six levels;

c) Pass the Senior Railway Inspection Officer evaluation before being recognized as a Senior Railway Inspection Officer;

d) Have completed at least two years of training and internship in reviewing new vehicle design documentation.

Article 5. Duties of Railway Inspection Officers

a) Review design documentation for modifications of various types of railway transportation vehicles;

a) Graduated from university in one of the majors such as locomotive, carriage, metro train, railway system engineering, railway signaling information;

b) Participate in reviewing safety documentation for urban rail transit systems;

c) Inspect the technical safety quality and environmental protection of railway transportation vehicle parts, assemblies, and vehicles;

d) Prepare inspection documentation for the subjects mentioned in points a, b, and c of Clause 1 of this Article;

đ) Calculate various types of inspection fees and charges;

e) Provide practical guidance to students who have completed railway transportation vehicle inspection vocational training courses;

g) Participate in updating and supplementing professional training for Railway Inspection Officers;

h) Advise unit leadership on professional and vocational matters when requested.

In addition to the duties of Railway Inspection Officers as stipulated in Clause 1 of this Article, Senior Railway Inspection Officers also perform the following duties:

a) Have held the Railway Inspection Officer level for at least five years;

a) Lead or participate in scientific research projects, advise on the development, supplementation, and amendment of technical standards, regulations, and normative legal documents;

b) Review design documentation for various types of railway transportation vehicles;

c) Lead the review of safety documentation for urban rail transit systems and evaluate and certify urban rail transit safety management systems;

d) Recheck the inspection results of Railway Inspection Officers, advise unit leadership on professional and vocational matters when requested;

đ) Guide, inspect professional duties, and assess the capabilities of Railway Inspection Officers;

e) Participate in updating and supplementing professional training for Senior Railway Inspection Officers;

g) Participate in analyzing and determining the causes of railway traffic accidents when requested.

g) Participate in analyzing and determining the causes of railway traffic accidents when requested.

Article 6. Powers of Railway Vehicle Inspector

1. Request the owner of the vehicle or the design, manufacturing, construction, conversion, restoration, repair, maintenance, testing, management entity to provide technical files and ensure necessary conditions for conducting inspection work.

2. Reserve and report to higher leadership any opinions differing from the decision of the directly responsible leadership regarding the conclusion on the technical condition assessment, suitability of the object under examination, inspection, evaluation.

3. Sign and use professional seals when establishing inspection files for objects under examination, inspection, evaluation according to regulations.

4. Refuse to perform examination, inspection, evaluation if the assigned work exceeds the recognized professional capacity or when it is observed that safety conditions at the site do not meet requirements.

Article 7. Responsibilities of Railway Vehicle Inspector

1. The Railway Vehicle Inspector is responsible before the unit's leadership and the law for the results of the assigned work.

2. The Railway Vehicle Inspector performs tasks assigned in accordance with the functions, duties, and powers of the inspection agency and the provisions of the law.

Chapter III
TRAINING AND RECOGNITION
RAILWAY VEHICLE INSPECTOR

1. Annually, the Vietnam Vehicle Inspection Agency has the responsibility to organize professional training for Railway Vehicle Inspectors and Senior Railway Vehicle Inspectors.

2. The content of the professional training program for Railway Vehicle Inspectors is stipulated in Article 9 of this Circular.

3. Based on the content of the training program stipulated in Article 9 of this Circular, the Director of the Vietnam Vehicle Inspection Agency has the responsibility to develop and issue professional training materials for Railway Vehicle Inspectors.

Article 9. Professional Training Program for Railway Vehicle Inspectors

1. Training program for Railway Vehicle Inspectors

a) Introduction to the Vietnam Vehicle Inspection Agency, professional ethics, regulations on responsibilities and handling violations in vehicle inspection work, administrative penalty regulations in the field of railway transport;

b) Guidance on legal normative documents, standards, specifications, procedures related to railway vehicle inspection work;

c) Guidance on the use of inspection equipment, software programs for managing railway transport vehicles;

d) Periodic inspection business, production assembly and conversion of railway transport vehicles;

đ) Business of reviewing design conversion files of railway transport vehicles;

e) Non-destructive testing business;

g) Business of evaluating and certifying urban rail transit safety management systems.

2. Training program for Senior Railway Vehicle Inspectors

a) Training on reviewing new design files for vehicles and equipment;

b) Business of inspecting imported types of railway transport vehicles;

c) Business of participating in analysis and determination of causes of railway traffic accidents when requested.

Article 10. Evaluation, Recognition, Re-recognition, and Revocation of the Decision to Recognize Railway Vehicle Inspectors

2. The Council establishes examination programs and specific examination contents for Railway Vehicle Inspectors.

3. The Council organizes professional examinations for Railway Vehicle Inspectors and prepares evaluation reports.

4. The Director of the Vietnam Vehicle Inspection Agency decides to recognize and re-recognize Railway Vehicle Inspectors based on the Council's evaluation results.

5. The recognition decision for Railway Vehicle Inspectors is valid for five (5) years. Three (3) months before the recognition decision for Railway Vehicle Inspectors expires, the Railway Vehicle Inspector is responsible for reporting to the Vietnam Vehicle Inspection Agency to organize a professional examination for re-recognition of Railway Vehicle Inspectors according to Articles 1, 2, 3, and 4 of this provision.

6. Railway Vehicle Inspectors will have their recognition decisions revoked when they are disciplined with warnings or higher penalties for the following violations:

a) Violating standards, specifications, procedures for inspecting railway transport vehicles.

MATERIAL AND TECHNICAL BASES OF THE ORGANIZATION FOR RAILWAY VEHICLE INSPECTION

4. The Director of the Vietnam Registration Agency shall be responsible for revoking the Decision on recognition of inspection officers in the cases stipulated in Clause 3 of this Article, notify the inspection officers whose Decisions on recognition of inspection officers have been revoked, and relevant agencies to coordinate implementation and publish on the Vietnam Registration Agency's website. An inspection officer whose Decision on recognition of inspection officers has been revoked may only be reissued a Decision on recognition of inspection officers a minimum of six (6) months from the date of revocation.”

Chapter IV
d) Rotation test equipment;
k) Magnetic field strength measurement equipment.

Article 11. Office of Railway Inspection Organization

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

Article 12. Technical Equipment of Railway Inspection Organizations

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

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

b) Temperature testing equipment;

c) Insulation testing equipment;

2. Equipment must be calibrated periodically according to current laws.

d) Airflow testing equipment;

e) Material thickness testing equipment;

f) Noise level testing equipment;

g) Light intensity testing equipment;

h) Single car brake testing equipment;

2. Circular No. 40/2015/TT-BGTVT dated July 31, 2015, of the Minister of Transport prescribing standards, tasks, and powers of Railway Vehicle Inspectors becomes invalid from the date this Circular takes effect.

1. Certificates recognizing Railway Vehicle Inspectors issued according to Circular No. 40/2015/TT-BGTVT dated July 31, 2015, of the Minister of Transport shall continue to be valid until the expiration date of the certificates.

Chapter V
IMPLEMENTING PROVISIONS

Article 13. Effective Date

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

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

Article 14. Transitional Provisions

1. The Certificates of Railway Inspector recognized under Circular No. 40/2015/TT-BGTVT dated July 31, 2015, of the Minister of Transport shall continue to be valid until their expiration date.

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

Article 15. Reference Provisions

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

Article 16. Responsibility for Implementation

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

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