Circular No. 23/2018/TT-BGTVT on handling railway traffic accidents and incidents and statistical reporting on railway traffic accidents and incidents

CIRCULAR
Regulations on handling railway traffic accidents and incidents and analyzing, statistics, and reporting on railway traffic accidents and incidents
Railway Law
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Pursuant to the Civil Code on November 24, 2015;

On the basis of No. 06/2017/QH14 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport dated 16 2017;

Decree No. 12/2017/NĐ-CP dated 10 the 02 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;17 Traffic safety and the Director of the Vietnam Railways Administrationuyền on handling railway traffic accidents and incidents;

At the proposal of the Head of the and analyzing, statistics, and reporting on railway traffic accidents and incidents This Circular stipulates the procedures, contents, and measures for handling railway traffic accidents and incidents; the responsibilities of organizations and individuals in handling railway traffic accidents and incidents; the analysis, statistics, and reporting of railway traffic accidents and incidents.;

The Minister of Transport issues this Circular stipulating This Circular applies to organizations and individuals related to railway transportation activities. 1. The Chairman of the Railway Traffic Accident and Incident Resolution Council is the person in charge of resolving railway traffic accidents and incidents at the scene..

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

2. The Chairman of the Railway Traffic Accident and Incident Analysis Council is the person in charge of analyzing railway traffic accidents and incidents.

Article 2. Applicability

3. Handling railway traffic accidents and incidents involves organizing rescue operations, restoring railway traffic; participating and coordinating in accident investigations and analyzing causes of railway traffic accidents.

Article 3. Explanation of Terms

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

4. A person injured in a railway traffic accident is someone who has suffered physical injury according to the law, affecting their normal life due to the direct impact of the accident.

5. A person killed in a railway traffic accident is someone who died at the scene; someone injured in the accident who died during transport to receive medical care or at the hospital.

6. A railway traffic incident is an event occurring during railway transportation activities that impedes train operation but does not result in a railway traffic accident.

7. A railway traffic accident is when railway transportation vehicles collide with each other, derail, overturn; hit or collide with people, other transportation vehicles, or vice versa; or when a railway transportation vehicle in operation hits or collides with obstacles causing damage to human lives or health, or property damage; fire in urban railway trains.

8. The organization managing railway transportation is the entity responsible for managing railway transportation according to the Railway Law.

Article 4. Principles for handling railway traffic accidents and incidents

1. Principles for handling railway traffic incidents:

a) All railway traffic incidents must be documented in a report;

b) When a railway traffic incident occurs in the interval, the report shall be prepared by the train conductor or the driver (if there is no train conductor). If a railway traffic incident occurs within the station area, the report shall be prepared by the station dispatcher, the station master, or the station staff (for urban railways);

c) Railway traffic incidents must be promptly reported to relevant organizations and individuals.

2. Principles for handling railway traffic accidents:

a) When a railway traffic accident occurs, organizations and individuals involved in railway activities must cooperate to ensure safety, quickly and promptly restore traffic;

b) Immediate assistance must be organized for victims, protect the scene, and safeguard state assets, enterprise assets, and victim's assets;

c) Railway traffic accidents must be documented, promptly reported to relevant organizations and individuals according to this Circular;

d) Organizations and individuals with authority upon receiving information about railway traffic accidents must immediately go to the scene to resolve them; they may not obstruct the restoration of railway transportation after the accident;

đ) The organization of railway transportation resumption must not hinder the work of investigation and handling by competent authorities;

e) The Chairman of the Railway Traffic Accident Resolution Council has the right to mobilize all available resources at the scene to serve the rescue and resolution of railway traffic accidents.

d) Organizations and individuals with authority, upon receiving reports of railway traffic accidents, shall immediately proceed to the scene to handle the situation; they shall not obstruct the restoration of railway transportation operations following the accident on the railway;

đ) The organization of restoring railway transportation activities shall not hinder the investigation and handling work of competent authorities;

e) The Chairman of the Railway Traffic Accident Resolution Council has the authority to mobilize all local resources to serve the rescue and resolution of railway traffic accidents.

Article 5. Accident Investigation Board for Railway Traffic Accidents

When a railway traffic accident occurs, the Accident Investigation Board for Railway Traffic Accidents (hereinafter referred to as the Accident Investigation Board) must be immediately established according to the following provisions:

2. The urban railway business enterprise shall establish the Accident Investigation Board for urban railway accidents for serious railway traffic accidents and below; in case of a very serious railway traffic accident and above, it shall report to the Chairman of the Provincial People's Committee for a decision to establish the Accident Investigation Board.

3. The dedicated railway business enterprise shall establish the Accident Investigation Board for dedicated railway accidents for serious railway traffic accidents and below; in case of a very serious railway traffic accident and above involving multiple sectors and fields, it shall report to the Chairman of the Provincial People's Committee for a decision to establish the Accident Investigation Board.

a) For national railways: The leader of the railway infrastructure business enterprise: Chairperson of the Board; The leader of the railway transport business enterprise; Other related railway enterprises; Representatives of people's committees at various levels where the accident occurred; Other organizations and individuals related to the cause and extent of damage caused by the accident, decided by the person who decides to establish the Board; In case of a particularly serious railway traffic accident on the national railway involving multiple sectors and fields, the national railway infrastructure business enterprise shall report to the Ministry of Transport for a decision to establish the Accident Investigation Board for the accident.

b) For urban railways: The leader of the urban railway business enterprise: Chairperson of the Board; Other related railway enterprises; Representatives of people's committees at various levels where the accident occurred; Other organizations and individuals related to the cause and extent of damage caused by the accident, decided by the person who decides to establish the Board; In case of a very serious railway traffic accident and above, the urban railway business enterprise shall report to the Chairman of the Provincial People's Committee for a decision to establish the Accident Investigation Board.

c) For dedicated railways: The dedicated railway business enterprise: Chairperson of the Board; The national railway infrastructure business enterprise (for dedicated railways intersecting with national railways); Other related railway enterprises; Representatives of people's committees at various levels where the accident occurred; Other organizations and individuals related to the cause and extent of damage caused by the accident, decided by the person who decides to establish the Board; In case of a very serious railway traffic accident and above involving multiple sectors and fields, the dedicated railway business enterprise shall report to the Chairman of the Provincial People's Committee for a decision to establish the Accident Investigation Board.

6. The Accident Investigation Board for Railway Traffic Accidents shall perform its tasks and responsibilities as prescribed in Article 37 of this Circular.

Article 6. Accident Investigation Board for Railway Traffic Accidents

The Accident Investigation Board for Railway Traffic Accidents (hereinafter referred to as the Accident Investigation Board) must be established within the latest three working days from the date of occurrence of railway traffic accidents as follows:

1. For accidents occurring on national railways:

a) The enterprise operating railway infrastructure shall establish the Accident Investigation Board for accidents (except in cases of particularly serious railway traffic accidents);

2. For accidents occurring on urban railways and dedicated railways, the establishment of the Accident Investigation Board shall be carried out by the enterprise operating urban railways or the enterprise operating dedicated railways; in cases of very serious railway traffic accidents involving multiple sectors and fields, it shall report to the Chairman of the Provincial People's Committee to decide on establishing the Accident Investigation Board.

3. Composition of the Accident Investigation Board:

b) For urban railways and dedicated railways: Depending on the incidents or accidents occurring on the railways, the composition of the Accident Investigation Board shall include corresponding components as stipulated in point b and point c, Clause 5, Article 5 of this Circular. In necessary cases, experts from relevant specialties related to railway traffic safety may be invited to participate in the Accident Investigation Board.

4. The Accident Investigation Board for Railway Traffic Accidents shall perform tasks and responsibilities as prescribed in Article 38 of this Circular.

Chapter II
CLASSIFICATION AND PROCEDURE FOR HANDLING INCIDENTS, ACCIDENTS IN RAILWAY TRAFFIC
RAILWAY TRAFFIC REGULATIONS

Section 1
CLASSIFICATION OF INCIDENTS, ACCIDENTS IN RAILWAY TRAFFIC

Article 7. Classification by Cause

Incidents and accidents in railway traffic include those caused by subjective reasons and those caused by objective reasons:

1. Incidents and accidents caused by subjective reasons are those that occur due to violations of railway transportation laws by organizations and individuals under railway business enterprises.

2. Incidents and accidents caused by objective reasons are those caused by force majeure (natural disasters, enemy actions) or other causes not covered by Clause 1 of this Article.

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

1. Minor railway traffic accident is an accident causing injury to from 01 to 05 persons or causing property damage valued from VND 20 million to under VND 100 million.

2. Serious railway traffic accident is an accident causing death of 01 person or injuring from 06 to 08 persons or causing property damage valued from VND 100 million to under VND 500 million.

3. Very serious railway traffic accident is an accident causing death of 02 persons or injuring from 09 to 10 persons or causing property damage valued from VND 500 million to under VND 1 billion 500 million.

4. Particularly serious railway traffic accident is an accident causing death of 03 persons or more or injuring 11 persons or more or causing property damage valued at VND 1 billion 500 million or more.

Section 2
PROCEDURE FOR HANDLING INCIDENTS AND RAILWAY TRAFFIC ACCIDENTS ON
NATIONAL RAILWAYS AND SPECIALIZED RAILWAYS

Article 9. Organization of first aid and emergency medical care for victims

1. Responsibility for organizing first aid and emergency medical care for victims

a) When a railway traffic accident occurs within the station area, the train conductor or locomotive driver (in case there is no train conductor) shall organize and implement it.

b) When a railway traffic accident occurs within the railway station area, the station master or the station duty officer shall organize and implement it.

2. Content of organization of first aid and emergency medical care for victims Based on the actual situation, the following regulations shall be implemented:

a) If the location where the accident occurred is convenient for transporting the victim to a medical facility using other means of transportation, personnel must be assigned or urgently mobilized to transport the victim to the nearest medical facility for emergency treatment after providing initial first aid;

b) Organize first aid and transport the victim onto the train or locomotive, and take them to the most convenient station for further emergency treatment if the train or railway is not damaged and is permitted to continue running according to the law;

c) In cases where it is impossible to transport the victim for emergency treatment as stipulated in points a and b of this clause, request support from the People's Committee of the nearest locality or relevant agencies, units, and medical facilities near the location to provide transportation and medical supplies for emergency treatment of the victim;

d) When there are injured persons in the station or on the train handed over to the station, the station master or the station duty officer shall organize emergency treatment for the injured;

e) Fulfill other responsibilities as prescribed in Article 44 of the Railway Law.

Article 10. Organization of protection of the site of the incident or accident

1. Site of the accident within the station area:

a) The train conductor or locomotive driver shall be responsible for organizing protection in accordance with the regulations;

b) In cases where the train does not have a train conductor, the station master or the station duty officer at both ends of the station area, and the traffic dispatcher of the traffic management organization, upon receiving an urgent report of the accident from the locomotive driver, shall promptly take measures to block the station area (if necessary) or inform the locomotive driver of the next approaching train (if any) so that the locomotive driver can take protective measures in accordance with the regulations.

2. Site of the accident within the railway station area: The station duty officer shall be responsible for organizing protection in accordance with the regulations.

3. Enterprises operating national railway infrastructure; Owners of specialized railways shall be responsible for establishing and promulgating protective measures when incidents occur.

Article 11. Reporting and Handling Reports on Railway Traffic Accidents

1. When an accident occurs, the train conductor or the locomotive driver (if there is no train conductor) must immediately report to the nearest railway traffic dispatcher, station traffic dispatcher, or station traffic duty officer.

2. The person receiving the report as stipulated in Clause 1 of this Article must immediately report to the following organizations and individuals:

a) The traffic duty officers at the two end stations of the section;

b) The station master;

c) The organization managing railway transportation operations;

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

a) The nearest public security agency and People's Committee for handling and resolving the railway traffic accident;

b) The Railway Safety Inspection Team or Railway Safety Inspection Room (belonging to the Vietnam Railways Administration) nearest to where the accident occurred when it happens on national railways;

c) The unit directly managing the railway infrastructure where the accident occurred;

d) Relevant units within the station area.

4. The organization managing railway transportation operations, upon receiving the report:

a) Immediately report to the leadership of the business entity managing national railway infrastructure when the accident occurs on national railways, and the business entity managing dedicated railways when the accident occurs on dedicated railways, to organize and resolve the accident;

b) The leadership of the Vietnam Railways Administration to coordinate in handling according to their authority when the accident occurs on national railways; the owner of dedicated railways to handle according to their authority when the accident occurs on dedicated railways;

6. If beyond the planned time for running through the section, information about the train cannot be determined, the traffic duty officer at the receiving station must notify the traffic duty officer at the sending station to determine the location of the train within the section. At the same time, immediately inform the traffic dispatcher along the route to take measures to address the situation.

7. Methods of reporting:

a) The train conductor or locomotive driver (if there is no train conductor) must quickly find every means, through communication tools or direct meetings, to report the accident to relevant organizations and individuals as prescribed in Clause 1 of this Article.

b) In cases where the individuals specified in Clause 1 of this Article cannot contact one of the relevant organizations or individuals, they must request the organization or individual they have contacted to cooperate and support in reporting the accident to the remaining organization or individual.

8. Content of the report:

a) Initial information about the accident must be timely and accurate;

c) In addition to the initial report as prescribed in points a and b of Clause 9 of this Article, the train conductor or locomotive driver (if there is no train conductor if the accident occurs in the section); the station master or traffic duty officer (if the accident occurs in the station) must prepare an accident report according to the form prescribed in Appendix 1 issued together with this Circular.

9. Handling reports on accidents:

a) Every organization and individual who receives a report on an accident or is requested to cooperate and support in reporting must find every means to implement the request and report back to the requester (if applicable), while also immediately implementing the work and professional measures as prescribed if the accident falls within their scope and responsibility;

b) If the accident does not fall within their scope and responsibility for resolution, they must continue to report the accident to the responsible organization or individual and must closely cooperate and support when requested by the responsible organization or individual.

Article 12. Establishing the case file for railway traffic accidents

1. The positions prescribed in Clause 1 of Article 9 of this Circular shall establish the case file for railway traffic accidents (hereinafter referred to as the case file for accident incidents).

2. The case file for accident incidents must be handed over to the station master or the nearest train dispatch duty officer to transfer to the agencies and organizations specified in Clause 4 of this Article.

3. The case file for accident incidents includes:

a) Railway traffic accident report according to the Model prescribed in Appendix No. 1 issued together with this Circular;

b) Railway traffic accident record according to the Model prescribed in Appendix No. 2 issued together with this Circular;

c) Report of railway staff related to the accident according to the Model prescribed in Appendix No. 3 issued together with this Circular;

d) Report of witnesses (if any) but not related to the accident according to the Model prescribed in Appendix No. 4 issued together with this Circular;

đ) Record of handover of victims, property, and related documents when the accident occurs according to the Model prescribed in Appendix No. 5 issued together with this Circular;

e) Diagram of the accident scene of railway traffic accidents according to the Model prescribed in Appendix No. 6 issued together with this Circular.

4. After establishing or receiving the case file for accident incidents, the station master or the train dispatch duty officer must be responsible for making copies of the case file and directly sending or mailing them to the following agencies and organizations:

b) One set sent to the Inspection-Safety Department of the Vietnam Railway Administration located nearest to the incident;

c) One set sent to the unit directly managing the operation of the railway under the national infrastructure business enterprise or one set to the specialized railway business enterprise when the railway traffic accident occurs on a specialized railway;

d) The time to implement the contents prescribed in points a, b, and c of this clause must be completed within 48 hours from the time of the accident.

Article 13. Reporting information, handling reports, and establishing case files for railway traffic incidents

1. The railway infrastructure business enterprise shall stipulate the reporting of information, handling of reports, establishment of case files, and resolution of railway traffic incidents occurring on the national railway.

2. The owner of specialized railways shall stipulate the reporting of information, handling of reports, establishment of case files, and resolution of railway traffic incidents occurring on specialized railways.

Article 14. Handling consequences of railway traffic accidents in cases involving fatalities

1. When a fatality occurs within the station area, the train conductor or driver (if the train does not have a conductor) must arrange railway staff to stay and watch over the victim and protect the property until it is handed over to the competent authority for resolution in accordance with the law. The arrangement of railway staff shall be carried out as follows:

a) The train conductor arranges railway staff;

b) If the train does not have a conductor, the driver arranges the assistant driver or other railway staff present at the scene (if any) to watch over the victim; allowing the driver to continue controlling the train at a safe speed to the nearest station ahead;

c) In cases where the provisions of point b of this clause cannot be implemented, the driver must contact the train dispatch duty officer at the station to send someone to the accident scene to watch over the victim and protect the property. Until someone arrives to watch over the victim and protect the property, the driver must personally carry out this task.

2. In cases where the position of the deceased obstructs train movement, the individuals prescribed in Clause 1 of this Article must mark and determine the position of the deceased (must be clearly recorded in the accident record) and then move the body out of the obstruction area to allow the train to proceed.

3. In cases where there is a fatality on the train, the train conductor or driver (if the train does not have a conductor) shall act as follows:

a) Transport the victim's body to the nearest station in the direction of travel, complete the procedures, and hand over to the station master or train dispatch duty officer at the station for resolution;

b) If the victim has accompanying relatives and if requested, they may be allowed to disembark at the most convenient station but not more than 100 kilometers from the location where the victim died;

c) Under all circumstances, it is not allowed to transport the victim back to the departure station.

4. When a fatality due to a railway traffic accident occurs within the railway station area or on a train handed down, the station master or train dispatch duty officer at the station must organize watching over the victim, protecting the property, and coordinating with the police and other competent authorities to continue resolving the situation.

5. Procedures for burying the victim:

a) In cases where the deceased has accompanying relatives or is a local person or belongs to an agency or unit near the station, the person assigned the task and the relatives of the victim are responsible for cooperating with the People's Committee of the commune, ward, and the police agency where the railway traffic accident occurred to complete the procedures in accordance with the law;

b) In cases where the deceased has not been identified, has no relatives, or the relatives are unable to bury the deceased, after cooperating with the police to complete the procedures for establishing the case file for the accident, the person assigned the task must contact the local government where the accident occurred to hand over the victim's body to the local government to organize burial in accordance with Clause 4 of Article 44 of the Railway Law;

c) In cases where the deceased is a foreigner, the person assigned the task must cooperate with the police and local government to report to the provincial-level police agency for resolution.

6. The burial file for the victim shall be implemented in accordance with relevant laws.

7. When the Chairman of the Traffic Accident Resolution Council or the person assigned the task to lead the resolution at the scene (in cases where the station master is not assigned the task to lead the resolution) reports back and implements the tasks to resolve the consequences for the deceased in accordance with the instructions of the Chairman of the Council or the person assigned the task to lead the resolution at the scene.

Article 15. Restoration of railway traffic in cases requiring rescue assistance

1. In case of accidents or abnormal situations on railway tracks that lead to the train having to stop and those present at the scene are unable to ensure safety for continued operation, the train conductor or locomotive driver (if it occurs within the section) or the station master or the shift controller (if it occurs at the station) must request rescue assistance from the railway infrastructure business operator and the People's Committee of the nearest locality.

2. Responsibilities of the person requesting rescue assistance:

a) Must promptly observe the scene, compile the situation, report fully and accurately the content of the rescue request, and be responsible for the content of their own rescue request;

b) After making the rescue request, together with relevant unit personnel present at the scene, conduct an inspection and examination of the scene, then draft an initial record, while assigning someone to secure the scene until competent authorities arrive to handle the situation.

3. When receiving information about a train accident occurring within the section reported by someone not involved in section operations, the station master or the shift controller must take action.

4. When the authorized railway infrastructure business operator arrives to handle the situation, the train conductor or locomotive driver (if it occurs outside the section) or the station master or the shift controller (if it occurs at the station) must hand over all relevant files, documents, equipment, and other evidence as required.

5. The national railway infrastructure business operator shall specify the organization of rescue and restoration of railway traffic on national railways; the specialized railway business operator shall specify the organization of rescue and restoration of railway traffic on specialized railways.

6. At all levels, the People's Committees, upon receiving a rescue request, have the responsibility to coordinate with the railway infrastructure business operator to carry out rescue work in accordance with the law.

Article 16. Restoration of railway traffic in cases not requiring rescue assistance

1. In case of accidents or incidents on railway tracks, the train conductor or locomotive driver (if it occurs within the section) or the station master or the shift controller (if it occurs at the station) must, after coordinating with related individuals to inspect the locomotive, carriages, and track equipment, confirm that all obstructions have been removed beyond the locomotive and carriage limits, then continue the train's operation after completing the Accident Incident Report and assigning railway staff to remain and work with the competent state authority (when an accident occurs within the section).

2. If the train collides with an obstruction without threatening the safety of the train or causing personal injury, the train does not need to stop.

3. The national railway infrastructure business operator shall specify the organization of rescue and restoration of railway traffic in cases not requiring rescue assistance on national railways; the specialized railway business operator shall specify the organization of rescue and restoration of railway traffic in cases not requiring rescue assistance on specialized railways.

Article 17. Initial funds for addressing the consequences of railway traffic accidents and incidents

1. The enterprise operating national railway infrastructure shall be responsible for providing initial funds to serve the resolution of the consequences of railway traffic accidents and incidents in accordance with the provisions of the law.

2. The enterprise operating dedicated railway lines shall be responsible for the funds to serve the resolution of the consequences of railway traffic accidents and incidents occurring on dedicated railway lines.

Article 18. Determining the extent of damage caused by railway traffic accidents and incidents

To serve as the basis for determining the extent of damage for compensation purposes, the determination of the extent of damage shall be carried out as follows:

1. The enterprise operating railway infrastructure shall take the lead in determining the extent of damage caused by railway traffic accidents and incidents within the railway lines assigned for operation and exploitation, and shall be responsible for:

a) Organizing the preparation and approval of the budget for the costs of damage to railway transportation means and the impact on train operations caused by the accident or incident;

b) Organizing the preparation and approval of the budget for the costs of damage to railway infrastructure assets according to the construction law regulations for damages valued under VND 500 million.

3. In cases requiring verification and investigation by the investigating authority, based on the conclusions of the investigating authority regarding the handling of violations and the investigation and resolution of railway traffic accidents and incidents, as well as the actual extent of damage, to serve as the basis for compensation.

4. The owner of dedicated railway lines shall decide on the determination of the extent of damage caused by railway traffic accidents and incidents occurring on dedicated railway lines.

Article 19. Compensation for Damage

1. The enterprise operating railway infrastructure shall take the lead in resolving the implementation of compensation for damage caused by railway traffic accidents and incidents on national railways.

2. All organizations and individuals must have the responsibility to compensate for damage and pay the costs of resolving accidents and incidents caused by their violations in accordance with the provisions of the law.

3. After completing the resolution of the consequences of railway traffic accidents and incidents, the enterprise operating railway infrastructure, the enterprise operating railway transport, and the party causing the damage shall negotiate to address the consequences, compensate for the damage, and must have a unified agreement on the extent and form, time of compensation between the parties; sign and clearly record the names of those involved.

4. In cases where the parties involved in the accident or incident cannot reach an agreement on addressing the consequences, it shall be implemented according to the final conclusion of the competent legal authority.

5. The owner of dedicated railway lines shall decide on the compensation for damage caused by railway traffic accidents and incidents on dedicated railway lines.

||| Section 3
PROCEDURE FOR HANDLING INCIDENTS AND RAILWAY TRAFFIC ACCIDENTS ON
URBAN RAILWAYS

Article 20. Organization of First Aid and Emergency Medical Care for Victims

1. Responsibility for organizing first aid and emergency medical care for victims:

a) When an accident occurs in the area managed by the train driver or safety support staff on the train, they shall organize the implementation;

b) When an accident occurs within the station area, the station staff shall organize the implementation.

2. Content of organizing first aid and emergency medical care for victims: Based on the actual situation, the following provisions shall be implemented:

a) If the location where the accident occurred is convenient for transporting the victim to a medical facility using other means of transportation, personnel must be assigned or urgently mobilized to transport the victim to the nearest medical facility for emergency treatment after providing initial first aid;

b) In cases where it is not possible to implement according to the provision at point a of this clause, the victim shall be quickly transferred onto the train or locomotive and taken to the nearest station for emergency medical care if the train and railway are not damaged and permitted to continue running according to the law;

c) In cases where it is not possible to implement according to points a and b of this clause, assistance from the People's Committee of the nearest locality or nearby organizations and individuals shall be requested to provide means and medicines for emergency medical care for the victim;

d) When there is an injured person in the station or on the train who is handed over to the station, the station staff shall organize first aid and emergency medical care for the victim.

e) Fulfill other responsibilities as prescribed in Article 44 of the Railway Law.

Article 21. Organization of protecting the location where accidents occur

1. When an accident occurs on urban railway tracks, the train driver or safety support staff (if the train operates in automatic driving mode without a driver) must immediately report to the urban railway traffic control center's train dispatching staff to organize protection of the accident site and inform subsequent trains to stop.

2. After reporting the situation of the accident to the train dispatching staff, the train driver or safety support staff must organize protection of the accident site and reassure passengers on board.

3. Urban railway business enterprises shall be responsible for stipulating and issuing measures for protecting the location when stopping trains.

Article 22. Reporting and handling reports about accidents and incidents on railway traffic

1. Upon occurrence of an accident, the train driver or safety support staff must immediately report to the train dispatching staff.

2. The train dispatching staff must immediately report to the following organizations and individuals:

a) Stations at both ends of the section;

b) Urban railway business enterprises.

3. Urban railway business enterprises must immediately report to the following organizations and individuals:

a) The nearest public security agency;

b) Provincial People's Committee (in cases involving fatal accidents and situations requiring coordination with people's committees at various levels) and related units.

4. Urban railway business enterprises shall specify the procedures for reporting railway traffic accidents that do not require stopping trains, do not cause mainline blockages, and do not affect train schedules.

5. In case the time exceeds the planned schedule within the section and information about the train cannot be determined, the train service staff at the station must notify the urban railway traffic management organization to take appropriate measures to handle the situation and locate the train within the section. At the same time, they must immediately report to the train dispatching staff to take appropriate measures to handle the situation.

6. Reporting measures:

a) When an accident occurs, relevant individuals must quickly find all means, through communication tools or direct contact, to report the accident to relevant organizations and individuals as specified in Clause 1, Clause 2, and Clause 3 of this Article;

b) If the individuals specified in Clause 1, Clause 2, and Clause 3 of this Article cannot communicate with one of the relevant organizations or individuals, they must request the organization or individual they have contacted to cooperate and assist in reporting to the remaining organization or individual.

7. Initial information about the accident must be timely, accurate, and include the following contents:

b) Time of the accident;

c) Number of fatalities, number of injured persons (if any);

d) Preliminary status of the scene, affected vehicles, and infrastructure due to the accident;

đ) In addition to the initial report as prescribed in Clause 1 of this Article, the train dispatching staff must prepare an accident report according to the form specified in Appendix 1 issued together with this Circular. The accident report must be sent along with the case file on the accident to competent authorities as prescribed in Clause 3 of Article 22 of this Circular.

8. Handling reports about accidents and incidents:

a. All organizations and individuals upon receiving a report about an accident or being requested to cooperate and support in reporting must take all measures to implement the request and report back to the requester (if possible), while immediately implementing work and professional measures as prescribed if the accident falls within their scope of responsibility.

b. If the accident does not fall within their scope of responsibility, they must continue to report to the responsible organization or individual and closely cooperate and support when requested by the responsible organization or individual.

Article 23. Establishing accident case files

1. The positions specified in Clause 1 of Article 20 of this Circular must establish accident case files for railway traffic accidents (hereinafter referred to as accident case files).

2. The accident case files mentioned in Clause 1 of this Article must be handed over to the nearest station staff to transfer to the agencies and organizations specified in Clause 4 of this Article.

3. The accident case files mentioned in Clause 1 of this Article include:

a) Railway traffic accident report according to the Model prescribed in Appendix No. 1 issued together with this Circular;

b) Railway traffic accident record according to the Model prescribed in Appendix No. 2 issued together with this Circular;

c) Report of railway staff related to the accident according to the Model prescribed in Appendix No. 3 issued together with this Circular;

d) Report of witnesses (if any) but not involved in the accident according to the Model prescribed in Appendix No. 4 issued together with this Circular;

đ) Record of handover of victims, property, and related documents when the accident occurs according to the Model prescribed in Appendix No. 5 issued together with this Circular;

e) Diagram of the accident scene of railway traffic accidents according to the Model prescribed in Appendix No. 6 issued together with this Circular.

4. Station staff after receiving the accident case file as stipulated in Clause 2 of this Article must make copies of the case file and directly send or send via postal service to the following agencies and organizations:

b) One set sent to the Urban Rail Transport Traffic Management Organization;

c) One set sent to the unit directly managing the railway operation under the urban rail transport business enterprise;

d) The time to implement the contents specified in points a, b, and c of this clause shall be completed within 12 hours from the time of the accident.

Article 24. Reporting, handling reports, and establishing case files for railway traffic incidents

The urban rail transport business enterprise shall specify the reporting, handling of reports, and establishment of case files for resolving urban rail transport traffic incidents that do not require stopping trains, blocking main lines, or affecting train schedules within its management and exploitation scope.

Article 25. Handling aftermath of urban rail transport traffic accidents involving fatalities

1. The train driver or safety support personnel (in the event of an accident occurring in the tunnel) or station staff (in the event of an accident occurring within the station area) shall be responsible for initial handling of the accident aftermath.

2. Procedure for handling:

a) Safety support personnel on the train shall be responsible for watching over and protecting the victim until handing over to the competent authority for resolution;

b) In cases where the train can continue running but the position of the deceased obstructs the train's movement, the safety support personnel on the train must mark and determine the position of the deceased (must be clearly recorded in the accident report) then move the body out of the obstruction area to allow the train to continue moving;

c) In cases where an accident occurs and there is only one train driver on the train, the train driver has the right to delegate tasks to railway staff performing duties at the accident site or nearby to watch over the victim and protect the victim's property;

d) In cases where it is not possible to follow the provisions of point c of this clause, the train driver must contact the nearest station staff to assign someone to watch over the victim and protect the victim's property. During the waiting period for station staff, the train driver must stay behind to watch over the victim and protect the victim's property.

4. In cases where there is a fatality on the train, the train driver or safety support personnel shall transport the victim's body and property to the nearest station in the direction of the train's travel, complete the procedures, and hand over to the station staff for resolution.

5. When there is a fatality due to a railway traffic accident within the station or on the train handed over to the station, station staff must organize watching over the victim, protecting the victim's property, and cooperate with the public security agency and other competent agencies to continue resolving the matter.

6. Burial procedure for victims who have died:

a) In cases where the victim's relatives accompany them, station staff and the victim's relatives shall be responsible for cooperating with the People's Committee of the commune and the public security agency at the accident site to complete the procedures in accordance with the law;

b) In cases where the victim who has died does not have accompanying relatives, the victim's identity is unknown, station staff shall be responsible for cooperating with the People's Committee of the commune and the public security agency at the accident site to complete the procedures as stipulated in Clause 4 of Article 44 of the Railway Law;

c) In cases where the victim who has died is a foreigner, station staff shall cooperate with local police and authorities to report to the provincial public security agency for resolution.

7. Burial files for victims shall be implemented in accordance with relevant laws.

8. When the Chairman of the Accident Resolution Council or the person assigned to lead the accident resolution at the scene (in cases where station staff are not assigned to lead the accident resolution), station staff shall report back and carry out post-accident resolution work for the deceased in accordance with the instructions of the Chairman of the Accident Resolution Council or the person assigned to lead the accident resolution.

Article 26. Restoring traffic in cases requiring rescue assistance

1. In case of accidents, railway traffic incidents, or other unusual situations leading to the need to stop trains where those present at the scene are unable to resolve to ensure safety for continued train operation, the train driver or safety support staff (if outside the station area) or station train service personnel (if within the station) must request railway transportation traffic management organizations to provide rescue assistance.

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

3. In cases where information about a train running accident rescue is received from individuals not involved in station area train operations, station train service personnel must immediately inform the train dispatcher of the unified train operation management organization to quickly dispatch personnel to the scene for specific inspection to proceed with the rescue assistance procedures.

4. When the urban railway business enterprise or the competent authority arrives to handle the situation, the train driver or safety support staff (in the event of an incident or accident occurring in the station area), station train service personnel (in the event of an incident or accident occurring in the station) must hand over files, documents, equipment, and other related evidence according to requirements.

5. Urban railway business enterprises shall organize rescue assistance and restore railway traffic under their management and exploitation.

Article 27. Restoring railway traffic in cases not requiring rescue assistance

1. In case of railway traffic accidents, the train driver or safety support staff (if in the station area), station train service personnel (if in the station) after coordinating with relevant individuals to inspect locomotives, carriages, and railway equipment, confirming that all obstructions have been removed beyond the locomotive and carriage limits, may continue train operation after completing the Incident Report and assigning railway staff to remain on-site to work with state authorities (when an accident occurs in the station area).

2. If the train collides with an obstruction without threatening the safety of the train or causing personal injury, the train does not need to stop.

Article 28. Initial funds for handling the consequences of railway traffic accidents

Urban railway business enterprises are responsible for the funds required to address the consequences of railway traffic accidents within the railway lines assigned for business and exploitation in accordance with the law.

Article 29. Determining the extent of damage caused by railway traffic accidents

To serve as the basis for determining the extent of damage for compensation purposes, the determination of the extent of damage shall be carried out as follows:

1. Urban railway business enterprises shall take the lead in determining the extent of damage caused by railway traffic accidents within the railway lines assigned for business and exploitation and shall be responsible for:

a) Organizing the preparation and approval of cost estimates for damage to railway transportation means and impacts on train operation caused by accidents;

b) Preparing cost estimates for damage to railway infrastructure assets caused by railway traffic accidents in accordance with the law, submitting them to management agencies based on their level of authority or delegation by the provincial People's Committee for review, and reporting to the provincial People's Committee for approval to serve as the basis for compensation.

2. In cases requiring investigation by investigative agencies, the conclusions of the investigative agency regarding the handling of violations and the investigation and resolution of railway traffic accidents and the actual extent of damage shall serve as the basis for compensation.

Article 30. Compensation for Damage

1. The urban railway business enterprise shall be responsible for implementing compensation for damage caused by accidents and traffic incidents on urban railways in accordance with the provisions of the law.

2. All organizations and individuals must have the responsibility to compensate for damage and pay the costs of resolving accidents and incidents caused by their violations in accordance with the provisions of the law.

3. After completing the resolution of the consequences of accidents and traffic incidents on urban railways, the urban railway business enterprise and the party causing the damage shall agree to remedy the consequences, compensate for the damage, and must have a unified agreement commitment regarding the extent and form, time of implementation of compensation between the parties; sign and clearly record the names of those involved.

4. In cases where the parties involved in the traffic accident cannot reach an agreement to resolve the consequences, the relevant legal provisions shall be implemented.

Chapter III
ANALYSIS, STATISTICS, REPORTING ON INCIDENTS AND ACCIDENTS
RAILWAY TRAFFIC

Article 31. Analysis of Railway Traffic Incidents and Accidents

1. Railway traffic incidents and accidents must be analyzed for causes, responsibilities, measures to remedy and prevent similar occurrences. The analysis of railway traffic incidents and accidents must be based on current legal regulations.

2. Within five working days after the results of the analysis of the incident or accident are obtained, the Chairman of the Council established pursuant to points a, b, and c of Clause 5, Article 5 of this Circular shall be responsible for notifying the results to the following agencies and organizations:

a) The infrastructure railway business enterprise for incidents and accidents occurring on national railways;

b) The management agency under the classification directly subordinate to the Provincial People's Committee having urban railways for incidents and accidents occurring on urban railways;

c) The owner of dedicated railways for incidents and accidents occurring on dedicated railways.

Article 32. Provisions on the System of Storage, Statistics, and Reporting of Railway Traffic Incidents and Accidents

1. All railway traffic incidents and accidents must be documented in files for the purpose of analyzing, concluding causes, and summarizing the overall safety situation in railway operations. The storage file includes the case file of the incident or accident according to Clause 3, Article 12 of this Circular (for national railways and dedicated railways), Clause 3, Article 23 of this Circular (for urban railways) and the investigation conclusion of the competent public security authority.

2. The national infrastructure railway business enterprise, the urban railway business enterprise, and the dedicated railway business enterprise shall be responsible for:

a) Storing the files as stipulated in Clause 1 of this Article;

b) Statistically reporting and summarizing the situation of railway traffic incidents and accidents.

3. The content of statistics, reports, and summaries of railway traffic incidents and accidents shall be in accordance with the Statistical Report Form prescribed in Appendix No. 07 issued together with this Circular.

4. Reporting and statistical system:

b) Monthly report: The reporting period from the 16th day of the previous month to the 15th day of the reporting month; the reporting time from the 16th to the 20th day of the reporting month;

c) Quarterly report: The reporting period from the 16th day of the last month of the previous quarter to the 15th day of the last month of the reporting quarter; the reporting time from the 16th to the 20th day of the last month of the reporting quarter;

d) Annual report: The reporting period from the 16th day of December of the previous year to the end of the 15th day of December of the reporting year; the reporting time from the 16th to the 20th day of the last month of the reporting year;

đ) Content and report forms: According to Appendices No. 7 and 8 issued together with this Circular;

Article 33. Management of Railway Traffic Accident Database

1. All railway traffic accidents must be compiled, statistically analyzed, stored, and provided to relevant agencies upon request.

2. Organizations specified in Clause 2 of Article 32 of this Circular shall have the responsibility to regularly update and supplement the railway traffic accident database to ensure the accuracy of the published data as stipulated in Clause 1 of this Article.

Chapter IV
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN RESOLVING RAILWAY TRAFFIC ACCIDENTS
RAILWAY TRAFFIC ACCIDENTS AND INCIDENTS

Article 34. For enterprises operating national railway infrastructure

1. Shall take the lead in resolving railway traffic accidents on national railways.

2. Shall take the lead in establishing and participating in accident resolution councils, accident analysis councils on national railways within their responsibility as prescribed in this Circular.

3. Shall participate in accident resolution councils, accident analysis councils on dedicated railways connected to national railways.

4. Shall take the lead and coordinate with local authorities and competent agencies to resolve accidents, rectify incidents, and restore traffic on national railways.

5. Shall define the responsibilities of units involved in operations on national railways in resolving railway traffic accidents.

6. Shall publicly announce the addresses and phone numbers of organizations and individuals related to serve accident handling work as prescribed in this Circular.

7. Shall perform other tasks related to resolving railway traffic accidents on national railways as prescribed in this Circular and relevant laws.

Article 35. For enterprises operating urban rail transit

1. Shall take the lead in resolving railway traffic accidents on urban rail transit within their management responsibility.

2. Shall take the lead in establishing and participating in accident resolution councils, accident analysis councils on urban rail transit within their responsibility as prescribed in this Circular.

3. Shall take the lead and coordinate with local authorities and competent agencies to resolve accidents, rectify incidents, and restore traffic on urban rail transit.

4. Shall define the responsibilities of units involved in operations on urban rail transit in resolving railway traffic accidents on urban rail transit.

5. Shall publicly announce the addresses and phone numbers of organizations and individuals related to serve accident handling work as prescribed in this Circular.

6. Shall perform other tasks related to resolving railway traffic accidents on urban rail transit as prescribed in this Circular and relevant laws.

Article 36. For owners and enterprises operating dedicated railways

1. Shall take the lead in resolving railway traffic accidents on dedicated railways within their management scope.

2. Shall take the lead in establishing and participating in accident resolution councils, accident analysis councils on dedicated railways within their responsibility as prescribed in this Circular.

3. Shall take the lead and coordinate with local authorities and competent agencies to resolve accidents, rectify incidents, and restore traffic on dedicated railways.

4. Shall define the responsibilities and authorities of subordinate units in resolving accidents occurring on dedicated railways.

5. Shall publicly announce the addresses and phone numbers of organizations and individuals related to serve accident handling work as prescribed in this Circular.

6. Shall perform other tasks related to resolving railway traffic accidents on dedicated railways as prescribed in this Circular and relevant laws.

Article 37. Responsibilities of the Accident and Traffic Incident Resolution Council

1. Implement the contents within the obligations and responsibilities of the Council as prescribed in Article 5 of this Circular.

2. The Chairman of the Council shall issue necessary decisions, coordinate with relevant agencies and local authorities to resolve incidents and accidents in accordance with the provisions of the law and must direct the completion of the following tasks:

a) Organize rescue and treatment for victims, protect the scene and property; carry out legal procedures for burial of victims in accordance with the law;

b) Develop rescue plans and allocate manpower to transport passengers and goods; rescue locomotives and carriages; repair bridges, roads, and other damaged equipment to quickly restore train operations at the incident site and ensure safety during rescue operations;

c) Coordinate with the police agency to investigate and prepare inspection reports of the scene upon request;

d) Collect files and evidence related to the incident and accident; determine the volume of work and personnel of participating units in rescue and relief efforts;

đ) Propose commendations for outstanding achievements and disciplinary actions against organizations and individuals involved in resolving incidents and accidents; propose measures to competent authorities to restore normal railway operations and address related issues arising from the incident;

e) Summarize losses resulting from the incident and accident to provide to competent agencies for investigation and compensation according to the law (if applicable) for organizations and individuals suffering losses.

3. The Chairman of the Council is responsible for reporting the results of resolving railway traffic incidents and accidents to relevant agencies and organizations as follows:

a) Vietnam Railway Corporation for incidents and accidents when requested;

b) Railway infrastructure business enterprises for railway traffic incidents and accidents occurring on national railways;

c) Management agencies under the provincial People's Committee with urban rail systems for railway traffic incidents and accidents occurring on urban railways;

d) Owners of dedicated railways for railway traffic incidents and accidents occurring on dedicated railways.

4. Members participating in the Council must thoroughly perform their assigned tasks and complete the assigned work well; all other organizations and individuals involved in resolving incidents and accidents must follow the directives and comply with all decisions of the Chairman of the Council or the person in charge of resolving incidents and accidents.

5. Perform other tasks as specified by the person establishing the Council.

Article 38. Responsibilities of the Incident Analysis Council

1. Implement the contents within the obligations and responsibilities of the Council as prescribed in Article 6 of this Circular.

2. Collect data, information, and materials related to incidents and accidents; analyze railway traffic incidents and accidents.

3. Coordinate with the police agency in investigating, verifying, and resolving railway traffic incidents and accidents.

4. Ensure the truthfulness, accuracy, transparency, and speed in analyzing railway traffic incidents and accidents.

5. Bear responsibility under the law for the results of analyzing railway traffic incidents and accidents.

6. The Chairman of the Council is responsible for reporting the results of analyzing incidents and accidents as stipulated in Clause 2, Article 31 of this Circular.

7. Perform other tasks as specified by the person establishing the Council.

Article 39. Responsibilities of the Vietnam Railway Administration

1. Urging, monitoring, participating, and coordinating with local authorities, railway business enterprises, competent agencies, and related units to resolve extremely serious and particularly serious railway traffic accidents, and incidents threatening train safety.

2. Publicizing the address and contact phone number of the Vietnam Railway Administration and regional inspection-safety offices to localities where railways pass through and railway business enterprises for handling incidents and accidents as prescribed in this Circular.

3. Cooperating with competent agencies in investigating, verifying, and resolving railway traffic accidents upon request of authorized state agencies.

4. Fulfilling other tasks as prescribed in this Circular.

Article 40. Responsibilities of railway staff when incidents or railway traffic accidents occur

Fulfilling their rights, obligations, and responsibilities in handling railway traffic incidents and accidents as prescribed in the Railway Law and this Circular.

Article 41. Responsibilities of Local Authorities and Management Agencies under Provincial People's Committee Classification Where Urban Railways and Dedicated Railways Exist

1. Publicizing the address and contact phone number of public security agencies and local authorities at all levels where railways pass through to serve the handling of railway traffic incidents and accidents as prescribed in this Circular.

2. Fulfilling responsibilities and exercising powers as prescribed in the Railway Law, this Circular, and the classification and delegation of authority by the provincial People's Committee.

Chapter V
IMPLEMENTING PROVISIONS

Article 42. Effective Date

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

2. Circular No. 38/2016/TT-BGTVT dated December 2, 2016, issued by the Minister of Transport on handling railway traffic incidents and accidents, and Circular No. 74/2015/TT-BGTVT dated November 24, 2015, issued by the Minister of Transport on handling urban railway traffic incidents and accidents shall cease to be effective from the date this Circular takes effect.

Article 43. Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, the General Directors of railway infrastructure business enterprises, Heads of agencies and units, and relevant individuals are responsible for implementing this Circular./.