Circular No. 24/2018/TT-BGTVT on the construction of train schedules and the management of railway transport operations

CIRCULAR
Regulations on the construction of train schedules and
traffic management for railway transport

________________________

Pursuant to the Railway Law No. 06/2017/QH14 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, the Director of the Vietnam Railways Corporation;

The Minister of Transport hereby issues this Circular. hereby stipulates regulations on the construction of train schedules and traffic management for railway transport.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the construction, publication of train schedules, and organization of inspection and supervision of the implementation of train schedules on national railways and dedicated railways connected to national railways; traffic management for railway transport on national railways and dedicated railways; pricing of traffic management services for railway transport on railway infrastructure invested by the State.

Article 2. Applicability

This Circular applies to organizations and individuals related to the construction, publication of train schedules, and organization of inspection and supervision of the implementation of train schedules on national railways and dedicated railways connected to national railways; traffic management for railway transport on national railways and dedicated railways, pricing of traffic management services for railway transport on railway infrastructure invested by the State.

Article 3. Explanation of Terms

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

1. Capacity of railway infrastructure: Is the ability to handle determined by factors such as axle load, uniform load, maximum train speed (Vmax) on a section of railway; the capacity of the railway line, station, and railway signaling system.

2. Technical operations: Are operations serving safe train operation and ensuring service quality.

3. Passenger train running time: Is the time from departure station to final station, including both running time on the route and time stopped for overtaking avoidance, technical operations, passenger and cargo operations.

Chapter II
CONSTRUCTION, PUBLICATION OF TRAIN SCHEDULES
AND ORGANIZATION OF INSPECTION AND SUPERVISION OF THE IMPLEMENTATION OF TRAIN SCHEDULES

Section 1
CONSTRUCTION, PUBLICATION OF TRAIN SCHEDULES

Article 4. General Provisions

1. The basis for organizing train operation is the train schedule. The train schedule is an order for all railway employees and other relevant organizations and individuals.

2. When there is train operation from national railways into dedicated railways connected to national railways and vice versa, it must be agreed and coordinated between the infrastructure business enterprise of the national railway and the owner of the dedicated railway connected to the national railway regarding the route and safety measures.

Article 5. Train schedules must meet the following requirements

1. Ensuring safety in organizing train operation.

2. Meeting the demand for passenger and cargo transportation.

3. Train density and speed corresponding to the capacity of railway infrastructure.

4. Efficient use of railway transportation means.

5. Reserving non-operational time slots on certain sections for construction, repair, and maintenance of railway infrastructure.

6. Ensuring the priority order of train groups as prescribed in Clause 2, Article 6 of this Circular.

7. Facilitating command and control, ensuring punctuality rates.

8. Ensuring reasonable time and routes in sections.

9. Providing sufficient time for trains to stop at stations to perform technical operations as prescribed at stopping stations.

Article 6. Types of trains and priority order of train types in constructing train schedules and managing railway transportation

1. Trains operating on railways include the following types:

a) Rescue trains are trains organized to run for rescue and emergency services when required;

b) Special trains are trains organized to run on an ad hoc basis to serve special tasks at the request of competent authorities without a scheduled route in the train schedule;

c) International passenger through trains are trains pulling international passenger carriages or carriage sets;

d) Express passenger trains running continuously are passenger trains running continuously on a route or several sections with shorter travel times and fewer stops for passengers than other passenger trains on the route;

đ) Express passenger trains running within sections are passenger trains with shorter travel times and fewer stops for passengers than other passenger trains running on the section;

e) Ordinary passenger trains are passenger trains running on one or several sections, a route, or through routes, stopping at all stations and stops, with more stations and stops for operations than other types of trains;

g) Military-use trains, mixed trains, worker-carrying trains are ordinary passenger trains pulling additional three or more freight cars, or trains specifically carrying workers to work;

h) Express freight trains running continuously are freight trains running continuously on several sections, a route, or through routes with shorter travel times and fewer stops for operations than other freight trains on the route;

i) Freight trains within sections are freight trains running within a section including fast section freight trains, ordinary section freight trains, and freight trains cutting off carriages within the section;

k) Short-haul freight trains, shuttle freight trains are freight trains running exclusively within a segment along a route where there are stops for coupling and uncoupling;

l) Special-purpose trains are trains using specialized equipment and facilities running on railways.

2. Trains operating on railways shall follow the priority order according to the following groups of trains:

a) Group 1: Rescue trains;

b) Group 2: Special trains;

c) Group 3 includes international passenger through trains; express passenger trains running continuously; express passenger trains running within sections; express freight trains running continuously;

d) Group 4 includes ordinary passenger trains; military-use trains, mixed trains, worker-carrying trains; freight trains within sections; short-haul freight trains, shuttle freight trains; special-purpose trains.

3. National railway infrastructure business enterprises and owners of dedicated railways shall determine the priority order of trains running on national railways and dedicated railways within their management scope based on the order of train groups prescribed in Clause 2 of this Article.

Article 7. Train Numbers

Each train running on railways must have a number. The assignment of train numbers shall be carried out as follows:

1. Trains running on different routes shall not have duplicate numbers.

2. Trains running from Hanoi to various routes shall have odd numbers, while trains running from various routes back to Hanoi shall have even numbers.

3. National railway infrastructure business enterprises and owners of dedicated railways shall specify in detail the assignment of numbers for different types of trains running on national railways and dedicated railways within their management scope.

Article 8. Basic contents of the train operation diagram

The train operation diagram includes the following basic contents:

1. The total number of passenger and freight trains (including both regular and reserve trains), train composition, train length, locomotive type on each section and railway line for a day and night.

2. Stations where trains stop and the time spent at these stations for operations such as coupling and uncoupling freight cars, passenger services, overtaking and passing trains, and technical maintenance of locomotives and cars for each train.

3. Departure and arrival times at stations, running times through each section for each train.

4. Other necessary regulations related to train formation, ensuring safe train operation, punctual departure and arrival of trains, and implementation guidelines for the train operation diagram.

Article 9. Procedure for establishing and publishing the train operation diagram on national railways

The establishment and publication of the train operation diagram on national railways shall be carried out by the enterprise operating the national railway infrastructure according to the following provisions:

1. Establishing the train operation diagram:

a) At least 80 days before the expected date of publication of the train operation diagram, the enterprise operating the national railway infrastructure shall notify in writing about the establishment of the train operation diagram to all railway transport enterprises;

b) Within 10 days from the date of receipt of the notification from the enterprise operating the national railway infrastructure as stipulated in point a of this clause, railway transport enterprises must submit their transportation requirements and organization of train operation on railway lines in writing to the enterprise operating the national railway infrastructure;

c) Based on the capacity of the railway infrastructure, locomotive and car capacity, requirements of railway transport enterprises, and the content of published load and speed orders, the enterprise operating the national railway infrastructure shall draft the train operation diagram and send it to the aforementioned enterprises for comments at least 40 days before the expected date of publication of the train operation diagram;

d) No later than five days from the date of receipt of the draft train operation diagram, railway transport enterprises must provide written comments on the draft train operation diagram and send them to the enterprise operating the national railway infrastructure;

đ) On the basis of the opinions provided by railway transport enterprises, the enterprise operating the national railway infrastructure shall be responsible for performing the following tasks: Conduct research, incorporate suggestions, perfect the draft train operation diagram for issuance and publication; notify in writing to railway transport enterprises about the capacity of the enterprise operating the national railway infrastructure to meet transportation requirements and organize train operation; invite railway transport enterprises to participate in transportation on railway lines with excess capacity.

2. Publishing the train operation diagram:

a) After completing the train operation diagram, the enterprise operating the national railway infrastructure shall be responsible for sending the train operation diagram to all railway transport enterprises and relevant organizations for implementation, and submitting it to the Vietnam Railway Administration for supervision of implementation at least ten days before the train operation diagram takes effect;

b) After implementing the provision in point a of Clause 2 of this Article, the enterprise operating the national railway infrastructure shall be responsible for publishing the train operation diagram on mass media and on the company's website, including the following contents: Train pairs organized to run, train types, train compositions on railway lines; starting station, final station of trains; travel times of passenger trains; stations where passengers board and alight, boarding and alighting times; stations and times for coupling and uncoupling freight cars;

c) Upon receiving the train operation diagram, railway transport enterprises shall be responsible for publishing the train operation diagram of registered train pairs at stations with passenger and cargo operations. Contents to be published at stations include those specified in point b of Clause 2 of this Article and the following: Departure and arrival times at stations along the route; other necessary regulations related to train formation, ensuring safe train operation, ensuring punctual departure and arrival of trains, and implementation guidelines for the train operation diagram.

3. In case there are differing opinions regarding the right to participate in organizing train operation among railway transport enterprises and issues related to railway traffic safety after the publication of the train operation diagram, the enterprise operating the national railway infrastructure shall take the lead in negotiating to resolve these issues.

4. In cases where two or more railway transport enterprises register to operate the same train journey in the train operation diagram, the railway transport enterprise offering the highest price for using the railway infrastructure shall be allocated the train journey based on its needs.

Article 10. Procedures for establishing and publishing train schedules on dedicated railway lines connected to the national railway network

The establishment and publication of train schedules on dedicated railway lines connected to the national railway network shall be carried out by the owner of the dedicated railway line on the section under their management, in accordance with the provisions set forth in Clauses 1 and 2 of Article 9 of this Circular.

Article 11. Adjusting train schedules and adding trains on railways

1. In cases where adjusting train schedules involves shortening the journey distance compared to the published journey distance: The enterprise operating national railway infrastructure, and the owner of dedicated railway lines connected to the national railway network shall adjust the schedule, submit a report explaining the reasons for shortening the journey distance and the adjusted train schedule to the Vietnam Railway Administration before publication, for the Vietnam Railway Administration to conduct inspections and supervision of the adjustment, publication, and implementation of the adjusted train schedule.

2. In special cases due to natural disasters, accidents, incidents, obstructions on the track, or running additional special trains necessitating immediate adjustment of the journey distance of trains currently running on the route: The enterprise operating national railway infrastructure, and the owner of dedicated railway lines connected to the national railway network shall proactively adjust the schedule to ensure the fastest possible resumption of train operations according to the published train schedule.

3. Adjustments to train schedules not falling under the circumstances specified in Clause 1 and Clause 2 of this Article (partial adjustments to the journey distance): The enterprise operating national railway infrastructure, and the owner of dedicated railway lines connected to the national railway network shall make the adjustment, publish the adjusted train schedule, and then submit the adjusted train schedule to the Vietnam Railway Administration five days prior to the date the adjusted train schedule is to be implemented.

4. Adjustments to train schedules as stipulated in Clauses 1, 2, and 3 of this Article must comply with the provisions set forth in Article 5 of this Circular.

5. Publication of adjusted train schedules as stipulated in Clause 1 and Clause 3 of this Article must be conducted in accordance with the provisions set forth in Clause 2 of Article 9 of this Circular.

Section 2
INSPECTION AND SUPERVISION OF THE IMPLEMENTATION
TRAIN SCHEDULES

Article 12. Contents of inspection and supervision of the implementation of train schedules

1. Inspection and supervision of the establishment, publication, and adjustment of train schedules.

2. Inspection and supervision of the compatibility of train schedules with published speed orders and load orders of railway infrastructure, and with the technical characteristics of locomotives and carriages used on each section, each route, and the entire railway network.

3. Inspection and supervision of the implementation of traffic control principles and contents, and the responsibility for implementing traffic control.

4. When violations are discovered during inspection, the owners of dedicated railway lines connected to the national railway network and the enterprise operating national railway infrastructure shall be required to immediately take corrective measures for violations in the establishment, adjustment, publication, and implementation of train schedules. If these enterprises fail to implement corrective measures for violations that threaten train safety, they may be required to suspend train operations until all violations are corrected.

Article 13. Authority for inspecting and supervising the implementation of train schedules

The Vietnam Railway Administration is the authority responsible for inspecting and supervising organizations and individuals related to the construction, publication, adjustment, and implementation of train schedules established by enterprises operating national railway infrastructure, owners of dedicated railways connected to the national railway network.

Chapter III
TRAFFIC CONTROL AND CHARGES FOR RAILWAY TRANSPORTATION
CHARGES FOR RAILWAY TRAFFIC CONTROL

Article 14. Principles of traffic control for railway transportation

1. Centralization, unity, compliance with published train schedules including:

a) The enterprise operating on the railway infrastructure is responsible for commanding and controlling trains running on its infrastructure;

b) Traffic control for railway transportation must comply with published train schedules and may not arbitrarily adjust traffic control without the agreement of the head of the enterprise operating national railway infrastructure or the owner of dedicated railways.

2. Ensuring safe and smooth railway transportation according to published train schedules including:

a) Preventing railway traffic accidents caused by negligence in traffic control for railway transportation;

b) Adhering to regulations on commanding train operations as stipulated in Clause 2, Article 38 of the Railway Law.

3. Ensuring equality among railway transportation enterprises including:

a) Traffic control for railway transportation must ensure the priority order of train groups as prescribed in this Circular;

b) When it is necessary to change the priority order of train groups or trains within a group, there must be a reason and approval from the head of the enterprise operating national railway infrastructure or the owner of dedicated railways;

c) In case of natural disasters, accidents, incidents, or the need to run special trains requiring immediate adjustments to the routes of running trains, traffic control for railway transportation must ensure that the route adjustments comply with the provisions of Clause 2, Article 11 of this Circular.

Article 15. Contents of traffic control for railway transportation

1. Establishing, allocating, and publishing train schedules including the following contents:

a) Constructing, allocating, and publishing train schedules in accordance with this Circular;

b) Adjusting train schedules when necessary in accordance with the provisions of this Circular.

2. Organizing unified and centralized train operations to ensure safety and smoothness according to published train schedules, signal regulations, railway traffic rules, and train operation orders including:

a) Organizing the reception, dispatch, disassembly, formation, and consolidation of trains;

c) Organizing the consolidation for cargo handling;

d) Organizing train operations and consolidations for railway infrastructure construction and repair;

e) Closely coordinating between the national railway and dedicated railways connected to the national railway in organizing traffic control for railway transportation.

3. Commanding and resolving urgent or abnormal incidents occurring on railways including:

a) Mobilizing personnel, equipment, and facilities of railway transportation enterprises and train operations to serve rescue and disaster relief work on railways when railway traffic accidents or incidents occur;

b) Adjusting train routes on sections and railway lines to restore train schedules as quickly as possible after accidents or incidents;

c) Participating in analyzing, determining causes, and proposing solutions to address railway traffic accidents or incidents;

d) Temporarily suspending train operations upon discovering potential risks to train safety.

4. Receiving and compiling information related to traffic control for railway transportation including the following information:

a) Information about passengers, goods, accidents, incidents, construction, and repair of railway infrastructure;

b) Information about actual train routes on the line;

c) Information about locomotive and car utilization.

5. Coordinating traffic control for railway transportation with international railway organizations including:

a) Leading and coordinating in traffic control for railway transportation regarding train operations in international rail transit at border stations and areas under the management of the Vietnamese railway;

b) Leading and coordinating traffic control for railway transportation when foreign railway forces and means enter Vietnam to perform search and rescue missions.

6. Storing data related to traffic control in accordance with the law.

Article 16. Responsibilities for Traffic Management of Railway Transport

1. The enterprise operating the national railway infrastructure shall be responsible for managing traffic on the national railway according to the published train schedules.

2. The owner of dedicated railways shall be responsible for managing traffic on the dedicated railways under their management according to the published train schedules.

1. The State shall set the price of traffic management services for railway transport on infrastructure funded by the State according to the maximum price per route.

2. Pricing Authority: The Ministry of Transport shall decide the maximum price per route after consulting with the Ministry of Finance.

Article 18. Principles for Establishing Prices of Traffic Management Services for Railway Transport

1. Ensuring compensation for actual, reasonable production and business costs, achieving appropriate profits in line with market conditions and state policies for economic and social development during each period.

2. Not including depreciation of railway infrastructure assets invested in by the State for traffic management purposes.

3. Not including the commercial advantage value of each route.

Article 19. Methods for Establishing Prices of Traffic Management Services for Railway Transport

1. Pricing Method: Cost-based method.

2. Application Period: Yearly.

3. Unit of Measurement: Train.Kilometer.

Article 20. Approval of Pricing Plans for Traffic Management Services for Railway Transport

1. Documentation for approval, review period for pricing plans, and decision-making on prices shall be carried out in accordance with current laws governing price management.

2. Submission, Review, and Decision-Making on Prices: The enterprise operating the national railway infrastructure shall develop a pricing plan to submit to the Vietnam Railway Administration for review; the Ministry of Transport shall decide the maximum price per route after consulting with the Ministry of Finance.

Article 21. Adjustment of Prices for Traffic Management Services for Railway Transport

1. When factors affecting the formation of prices for traffic management services for railway transport change, impacting production and living standards, the enterprise operating the national railway infrastructure shall develop an adjustment plan to submit to the Vietnam Railway Administration for review; the Ministry of Transport shall decide the adjusted maximum price after consulting with the Ministry of Finance.

2. Procedures for preparing documentation, reviewing, and approving adjusted prices as stipulated in Articles 19 and 20 of this Circular.

3. Promotions and Discounts on Services: The enterprise operating the national railway infrastructure has the right to offer promotions and discounts on traffic management services. Such promotions and discounts must comply with relevant laws.

Chapter IV
IMPLEMENTATION

Article 22. Responsibilities of the Vietnam Railway Administration

1. Implement tasks of inspecting and supervising the implementation of train schedules as specified in this Circular.

2. Organize reviews and submit to the Ministry of Transport for approval the maximum price for traffic management services for railway transport per route.

3. Summarize inspection and supervision results throughout the year, difficulties and issues arising during the implementation of this Circular, and report to the Ministry of Transport.

Article 23. Responsibilities of the enterprise operating national railway infrastructure

1. Implement tasks related to the construction, publication, adjustment of train schedules, traffic management of railway transportation, pricing schemes, and price adjustment plans for railway traffic management services on national railways as stipulated in this Circular; provide relevant data as a basis for constructing train schedules such as: weight of train units, traction orders; technical operation times, passenger and cargo handling at stations; transportation needs and train operation organization of railway transport enterprises for the Vietnam Railway Administration.

2. Direct and inspect organizations and individuals within their management scope to comply with relevant regulations set forth in this Circular.

3. Coordinate with owners of dedicated railways connected to national railways in adjusting train schedules and adding trains as specified in Clause 2, Article 11 of this Circular when railway traffic accidents or incidents occur on dedicated railways connected to national railways, upon request.

4. Annually, on December 20th, compile and report to the Vietnam Railway Administration the following contents:

a) Work on constructing, publishing, adjusting train schedules and implementation results for the year;

b) Plans and measures for implementation in the coming year;

c) Issues arising during the implementation of this Circular and recommendations for supplementation and amendment.

5. Fulfill requirements of the Vietnam Railway Administration regarding organizing inspections and supervision of train schedule construction, publication, and adjustment, traffic management of railway transportation; formulating plans and adjusting prices for railway traffic management services as stipulated in this Circular.

Article 24. Responsibilities of Dedicated Railway Owners

1. Implement tasks related to the construction, publication, adjustment of train schedules, and traffic management of railway transportation on dedicated railways as stipulated in this Circular; owners of dedicated railways connected to national railways have the responsibility to provide relevant data as a basis for constructing train schedules such as: weight of train units, traction orders; technical operation times, passenger and cargo handling at stations; transportation needs and train operation organization of railway transport enterprises for the Vietnam Railway Administration.

2. Direct and inspect organizations and individuals within their management scope to comply with relevant regulations set forth in this Circular.

3. Owners of dedicated railways connected to national railways have the responsibility to coordinate with the enterprise operating national railway infrastructure in adjusting train schedules and adding trains as specified in Clause 2, Article 11 of this Circular when railway traffic accidents or incidents occur on national railways, upon request.

4. Annually, on December 20th, compile and report to the Vietnam Railway Administration the following contents:

a) Work on constructing, publishing, adjusting train schedules on dedicated railways connected to national railways and implementation results for the year;

b) Plans and measures for implementation in the coming year;

c) Issues arising during the implementation of this Circular and recommendations for supplementation and amendment.

5. Fulfill requirements of the Vietnam Railway Administration regarding organizing inspections and supervision of train schedule construction, publication, and traffic management of railway transportation as stipulated in this Circular.

Article 25. Responsibilities of railway transport enterprises

1. Provide complete and accurate information on transportation demand, vehicle capacity, and transportation equipment to national infrastructure railway business enterprises and dedicated railway owners for the purpose of constructing, announcing, and adjusting train schedules, and managing railway traffic operations.

2. Ensure that railway vehicles are always compatible with railway infrastructure announced by national infrastructure railway business enterprises and dedicated railway owners.

3. Operate trains safely according to the allocated routes in the train schedule.

4. Coordinate with national infrastructure railway business enterprises and dedicated railway owners connected to the national railway network in adjusting train schedules and running additional trains as stipulated in Clause 2, Article 11 of this Circular when railway traffic accidents occur on the national railway network or dedicated railways connected to the national railway network, upon request.

5. Inspect and direct related organizations and individuals within their management scope to comply with relevant provisions of this Circular.

6. Implement the requirements of the Vietnam Railway Administration in organizing inspections and supervision of the construction, announcement of train schedules, and management of railway traffic operations as prescribed in this Circular.

Chapter V
IMPLEMENTING PROVISIONS

Article 26. Effective date

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

2. Circular No. 78/2015/TT-BGTVT dated December 9, 2015, issued by the Ministry of Transport regarding the construction, issuance, and announcement of load and speed orders, and train schedules on the national railway network shall cease to be effective from the date this Circular takes effect.

Article 27. Transitional Provisions

For service operation management contracts signed in accordance with the law before the date this Circular takes effect, they shall continue to be implemented according to the regulations until the end of the contract term. In cases where contracts are amended or supplemented from the date this Circular takes effect, such actions must be carried out in accordance with the provisions of this Circular.

Article 28. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, and heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular../.