Circular No. 21/2018/TT-BGTVT on registering railway transport vehicles and moving railway transport vehicles in special cases

CIRCULAR

Provisions on registering railway transportation vehicles,

 moving railway transportation vehicles in special cases

______________________________

 Based on the Railway Law No. 06/2017/QH14 dated June 16, 2017;

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 Transport Department and the Director of the Vietnam Railway Administration;

The Minister of Transport hereby issues this Circular. provisions on registering railway transportation vehicles, moving  railway transportation vehicles in special cases.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the issuance, reissuance, revocation, and cancellation of the Certificate of Registration for railway transportation vehicles (hereinafter referred to as the Certificate of Registration) operating on national railways, dedicated railways, urban railways, and the movement of railway transportation vehicles (hereinafter referred to as the vehicle) in special cases.

Article 2. Applicability

This Circular applies to organizations and individuals related to the issuance, reissuance, revocation, and cancellation of the Certificate of Registration and the movement of vehicles in special cases.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Special-purpose vehicle moving on railway tracks is a vehicle used for transporting people, materials, equipment for rescue and accident relief on railway; inspecting construction, maintenance, and repair of railway works; serving security and defense.

2. AMEND change the purpose of use or change the main technical specifications of railway transportation vehicles is changing the engine type, changing the engine power, changing the drive system, changing the gauge for locomotives; changing the purpose of use, changing the load capacity, changing the gauge for carriages; changing the purpose of use, changing the gauge for specialized vehicles; changing the type, power, and drive system of urban rail power cars.

Chapter II

REGISTRATION OF VEHICLES

Section 1

PROVISIONS ON THE ISSUANCE, REISSUANCE, REVOCATION, AND CANCELLATION

REGISTRATION CERTIFICATE

 Article 4. General Provisions

1. Issuing the Certificate of Registration is the act of the competent state agency issuing the Certificate of Registration to vehicles that have been imported, produced, or assembled domestically before being put into operation and use on railways upon the request of the owner.

 2. Reissuing the Certificate of Registration is the act of the competent state agency issuing a new Certificate of Registration to replace the old one for the vehicle upon the request of the owner in the following cases: The cases prescribed in Clause 2 and Clause 3, Article 31 of the Railway Law; the case where the Certificate of Registration is lost or damaged.

 3. Revoking and canceling the Certificate of Registration is the act of the competent state agency revoking and canceling the Certificate of Registration in the cases prescribed in Clause 4, Article 31 of the Railway Law.

 4. The Certificate of Registration is a certificate issued by the competent state agency to the owner of the vehicle according to the model specified in Appendix 5 of this Circular. In the case of reissuance, the Certificate of Registration will be stamped with "Reissued First Time, Reissued Second Time...".

Article 5. Documents for issuing the Certificate of Registration

1. Application for issuing the Certificate of Registration from the owner of the vehicle according to the model specified in Appendix 1 of this Circular.

2.  Vehicle documents including:

a) Proof of payment of stamp duty (if applicable);

b) Original or certified copy or copy accompanied by the original for comparison of the following vehicle documents: Purchase, gift, or transfer contracts; decisions on the transfer of vehicles in accordance with the law. For vehicle documents in foreign languages, a notarized Vietnamese translation must be submitted; sales invoices from the organization issuing sales invoices if the vehicle has passed through multiple organizations or individuals, then when applying for the Certificate of Registration, only the original or certified copy or copy accompanied by the original for comparison of the final seller's sales invoice is required; Quality, safety, and environmental protection certificates of the vehicle issued by the Vietnamese inspection organization or foreign inspection organization authorized by the Minister of Transport and still valid.

3. In the case of multiple vehicles registered in the same purchase, gift, or transfer contract, sales invoice, or customs declaration, the owner of the vehicle is responsible for providing a detailed list for each vehicle requesting the issuance of the Certificate of Registration or documents for each vehicle as stipulated in Clause 2 of this Article.

4. For imported vehicles, in addition to the documents specified in Clause 2 of this Article, there must also be the original or certified copy or copy accompanied by the original for comparison of the customs declaration for the imported vehicle or the electronic customs declaration that has been cleared.

5. For urban railway transportation vehicles, in the case where the vehicle does not have a separate purchase contract or invoice (because the sale of these vehicles is part of a tender package and cannot be separated), the owner must provide a commitment confirming that the vehicles belong to their ownership and they will fully bear legal responsibility in case of any disputes over ownership.

Article 6. Documents for Reissuing the Registration Certificate

1. Documents for reissuing the Registration Certificate in cases of transferring ownership rights:

a) The application form for reissuing the Registration Certificate of the owner of the means of transport according to the model prescribed in Appendix 2 of this Circular;

b) Original Registration Certificate;

c) Original or certified copy or uncertified copy accompanied by the original for comparison of the Certificate of Quality, Technical Safety, and Environmental Protection still in effect;

d) Original or certified copy or uncertified copy accompanied by the original for comparison corresponding to each specific case including: Contract of lease, gift, purchase-sale, sales invoice of the means of transport; decision on the transfer of the means of transport;

đ) Proof of payment of stamp duty (if applicable).

2. Documents for reissuing the Registration Certificate in cases where the means of transport changes its usage function or main technical parameters:

a) The application form for reissuing the Registration Certificate of the owner of the means of transport according to the model prescribed in Appendix 2 of this Circular;

b) Original Registration Certificate before the means of transport changes its usage function or main technical parameters;

c) Original or certified copy or uncertified copy accompanied by the original for comparison of the Certificate of Quality, Technical Safety, and Environmental Protection still in effect;

3. Documents for reissuing the Registration Certificate in cases where the Registration Certificate is damaged:

a) The application form for reissuing the Registration Certificate of the owner of the means of transport according to the model prescribed in Appendix 3 of this Circular;

b) Original damaged Registration Certificate;

4. Documents for reissuing the Registration Certificate in cases where the Registration Certificate is lost: Application form for reissuing the Registration Certificate according to the model prescribed in Appendix 3 of this Circular.

Article 7. Documents for Requesting Revocation and Deletion of the Registration Certificate

1. A request form for the recovery or cancellation of the Registration Certificate according to the model prescribed in Appendix 4 of this Circular.

2. Original Registration Certificate.

Article 8. Procedures and time limits for issuing, reissuing, recovering, or canceling the Registration Certificate

1. The owner of the means of transport submits one set of documents for the procedure of requesting issuance or reissuance of the Registration Certificate or for requesting revocation and deletion of the Registration Certificate directly or through the postal system to the Vietnam Railway Administration.

2. The Vietnam Railway Administration receives and checks the documents. In cases where the documents are incomplete according to regulations, from the date of receipt of the documents, the Vietnam Railway Administration guides the owner of the means of transport to complete the documents within one working day (if submitted directly) or notifies in writing the owner of the means of transport to supplement the documents within two working days (if received through the postal system).

3. Within no more than three working days from the date of receiving complete and compliant documents according to this Circular, the Vietnam Railway Administration is responsible for issuing the Registration Certificate. In cases where it does not issue the Registration Certificate, the Vietnam Railway Administration replies in writing to the owner of the means of transport and clearly states the reasons except for cases stipulated in Clause 4 of Article 6 of this Circular.

4. In cases of losing the Registration Certificate

a) Based on the documents of the means of transport, the Vietnam Railway Administration examines and issues to the owner of the means of transport a Certificate of Declaration of Lost Registration Certificate according to the model prescribed in Appendix 6 of this Circular;

b) The time for examining and processing the reissuance of the Registration Certificate is thirty days from the date the Vietnam Railway Administration receives the application for reissuing the Registration Certificate. In cases where it does not reissue the Registration Certificate, the Vietnam Railway Administration replies in writing to the owner of the means of transport and clearly states the reasons.

5. After revoking and deleting the Registration Certificate, within three working days, the Vietnam Railway Administration informs the result in writing to the owner of the means of transport.

Section 2

REGULATIONS ON VEHICLE REGISTRATION NUMBERS

Article 9. Principles for registering transportation vehicle numbers

1. Railway transportation vehicles are divided into three types: locomotives, carriages, and specialized vehicles.

2. Vehicle registration numbers are distinguished based on the owner of the vehicle; each type of vehicle's registration number consists of three groups of symbols, with group 1 at the top row and groups 2 and 3 at the bottom row, wherein:

a) Group 1 is the abbreviated name or trade name of the enterprise that is the owner of the vehicle;

b) Group 2 consists of letters and numbers indicating the type and technical features of the vehicle proposed by the owner of the vehicle (in compliance with current laws) suitable for the owner's production and business management;

c) Group 3 is the serial registration number of that type of vehicle issued by the vehicle registration authority. For vehicles already numbered by the enterprise or previously registered before this Circular takes effect, the existing numbers shall be retained;

Example of carriage registration number of Vietnam Railways Corporation (trade name in English abbreviation is VNR) is as follows:

VNR

H 431-328

d) For types of carriages such as flatbed carriages, arch-roof carriages, tank carriages, and carriages limited by size, the symbol groups 1, 2, and 3 are marked on the same line.

Article 10. Provisions on the position of registration numbers and the color of the numbers

1. Provisions on the position of marking registration numbers on vehicles:

The owner of the vehicle must mark the registration number of railway transportation vehicles on both sides of the body or at both ends of the railway transportation vehicles in a visible and easily identifiable position after obtaining the Certificate of Registration.

2. Provisions on the color of the registration numbers of railway transportation vehicles:

a) White or yellow if the body of the vehicle is dark-colored;

b) Light blue or black if the body of the vehicle is light-colored.

3. Marking the registration numbers on urban railway transportation vehicles is regulated by the owner of the vehicle and must meet the following conditions: The registration number of the vehicle must be marked in a visible and easily identifiable position; the color of the registration number of the vehicle must comply with the provisions of Clause 2 of this Article.

Article 11. Font style, font size, and number format of registration numbers

1. Font style, punctuation marks, and numbers according to the Arial font.

2. Font sizes of letters and numbers are from 120 mm to 150 mm.

3. Vehicles with additional lowercase letter symbols (for example, the letter "n" in the soft sleeper carriage symbol An) have a height equal to 50% of the height of other letters and numbers.

Section 3

MANAGEMENT OF DATA AND REPORTS ON VEHICLES THAT HAVE BEEN ISSUED WITH REGISTRATION CERTIFICATES

HAVE BEEN ISSUED WITH REGISTRATION CERTIFICATES

Article 12. Management of data on vehicles that have been issued with registration certificates

1. Vehicles that have been issued with registration certificates must have management files and be compiled, statistically analyzed, and publicly announced on the electronic information website of the Vietnam Railway Administration.

2. The owner of the vehicle that has been issued with a registration certificate must cooperate with the Vietnam Railway Administration to implement the provisions of Clause 1 of this Article.

Article 13. Reporting System

1. The owner of the vehicle is responsible for reporting to the Vietnam Railway Administration the following contents upon request:

a) Report on the usage and operation of vehicles that have been issued with registration certificates;

b) Changes in the status of vehicles that have been issued with registration certificates.

2. Reporting time: Annually from December 15 to December 20 or at any time as required.

Chapter III

MOVEMENT OF VEHICLES IN SPECIAL CASES

Article 14. Special cases when vehicles movei transfer and Circular No. 24/2020/TT-BGTVT dated October 13, 2020 of the Minister of Transport

1. Vehicles moving on railways to test the technical features of the vehicle before acceptance, handover, and operation.

2. Vehicles moving on railways from one assembly point to another for storage and preservation.

3. Vehicles moving on railways to perform rescue operations when requested.

Article 15Requirements for for vehicles measures moving in special cases

1. When vehicles move in special cases, the person operating the vehicle must have a permit to operate the vehicle in accordance with the Law on Railways and must comply with the traffic control of the organization or entity responsible for railway traffic control.

2. The load of the vehicle must not exceed the permitted load on the section or route of the railway that has been published according to regulations.

3. The speed of the vehicle must not exceed the permitted speed of the infrastructure.

4. The movement of the vehicle on the railway must minimize impact on the train schedule that has been published.

5. Organizations and individuals requiring the movement of vehicles are responsible for ensuring safety and environmental hygiene during the movement.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Section 1

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN THE ACTIVITY OF ISSUING, REISSUING, REVOKING, AND DELETING REGISTRATION CERTIFICATES

Article 16Responsibilities of the Vietnam Railway Administration

1. Implement the issuance, reissuing, revocation, and deletion of registration certificates in accordance with this Circular.

2. Organize the storage of registration certificate files provided by the vehicle owners in accordance with this Circular.

3. Manage, print, and use seals for the issuance, reissuing, revocation, and deletion of registration certificates.

4. Monitor, compile, and report annually from December 25 to December 30 to the Ministry of Transport on the situation of issuing, reissuing, revoking, and deleting registration certificates in the year.

5. Collect and use fees for issuing and reissuing registration certificates in accordance with the law.

Article 17Responsibilities of vehicle owners who need to issue, reissue, revoke, or delete registration certificates

1. Bear legal responsibility for the accuracy and legality of the issuance, reissuing, revocation, and deletion of registration certificate files in accordance with this Circular.

2. Pay fees and charges for issuing and reissuing registration certificates in accordance with the law.

Section 2

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS MOVING VEHICLES IN SPECIAL CASES

Article 18. Responsibilities of enterprises operating railway infrastructure, owners of urban rail transit enterprises, and owners of dedicated railways

Enterprises operating railway infrastructure, business owners of urban rail transit, and owners of dedicated railways within the scope assigned to operate and exploit railway infrastructure shall be responsible for:

1. Taking the lead and coordinating with organizations and individuals requiring the movement of vehicles on the railway in special cases in the following matters:

a) Providing information about railway infrastructure to serve the development of plans for moving vehicles on the railway;

b) Agreeing on the content of railway traffic control when moving vehicles on the railway;

c) Creating favorable conditions for organizations and individuals requiring the movement of vehicles in special cases within the scope of railway infrastructure they are authorized to use, operate, and protect according to the provisions of the law.

2. Taking the lead in controlling railway traffic when moving vehicles on the railway in special cases within their authority.

Article 19Responsibilities of vehicle owner, organization or individual requiring the movement of vehicles on the railway in special cases

1. Shall be responsible for moving vehicles in special cases as prescribed in Article 14 of this Circular and must confirm in writing with the enterprise operating railway infrastructure regarding the movement of vehicles when the vehicles move on the national railway.

2. Vehicle owners and organizations or individuals requiring the movement of vehicles shall be responsible for developing plans for moving vehicles and must obtain agreement from the following authorities or organizations:

a) Railway infrastructure business enterprises when the means of transport moves on national railway tracks;

b) The owner of dedicated railways when the means of transport moves on dedicated railways;

c) The business owner of urban rail transit when the vehicles move on the urban rail transit.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective date

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

Circular No. 01/2013/TT-BGTVT dated January 8, 2013, issued by the Ministry of Transport on registering railway transport vehicles, and Circular No. 13/2016/TT-BGTVT dated June 23, 2016, issued by the Ministry of Transport amending and supplementing Circular No. 01/2013/TT-BGTVT shall cease to be effective from the date this Circular takes effect.

Article 211. For applications and files received by competent authorities before the date this Circular takes effect but not yet resolved, such authorities shall continue to process them according to the laws applicable at the time of receipt.

1. Vehicles that have been issued a Certificate of Registration for Railway Transport Vehicles by the Vietnam Railway Administration from January 1, 2006 to the present shall retain their original registration numbers.

2. In cases where the owner requests issuance of a new Certificate of Registration for the vehicle, it shall be carried out in accordance with the provisions of this Circular.

Article 22Implementation Organization

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 relevant agencies and units, and related individuals are responsible for implementing this Circular./.