Circular No. 24/2020/TT-BGTVT Amending and Supplementing Certain Provisions of Circulars on the Regular Reporting System in the Railways Sector

CIRCULAR

Amending and supplementing certain articles of Circulars on periodic reporting systems in the railway sector

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

At the proposal of the Director of the Ministry's Office and the Director of the Vietnam Railway Administration;

The Minister of Transport hereby issues this Circular amending and supplementing certain articles of Circulars on periodic reporting systems in the railway sector.

"Article 13. Reporting regime
1. Report name: Railway transport vehicle usage work report.
2. Content requirements for the report:
a) Reporting on the situation of using and operating railway transport vehicles that have been issued with a Vehicle Registration Certificate;
b) Changes in the status of railway transport vehicles.
3. Reporting entity: Owner of railway transport vehicles.
4. Receiving agency: Vietnam Railway Administration.
5. Method of submission and receipt of reports: Periodic reports shall be in paper form or electronic form, submitted directly or through postal services or email systems or other methods as prescribed by law.
6. Deadline for submission of reports: December 15 each year or at any time upon request.
7. Frequency of reporting: Annual regular reports or upon request.
8. Time frame for finalizing report data: From December 15 of the previous year to December 14 of the reporting year or to the requested time point.
9. Report data form: As set out in Appendix 7 attached hereto."

Article 2. Amending and supplementing certain articles of Circular No. 24/2018/TT-BGTVT dated May 7, 2018 of the Minister of Transport on train schedule construction and railway traffic management as follows:

1. Amending and supplementing Clause 4 of Article 23 as follows:

"4. Submitting reports containing the following contents:
a) Report name: Train schedule construction and publication work report;
b) Content requirements for the report: Reporting on the results of train schedule construction, publication, and adjustment activities; difficulties arising during implementation; plans and measures for implementation in the coming year;
c) Reporting entity: National railway infrastructure business enterprises;
d) Receiving agency: Vietnam Railway Administration;
đ) Method of submission and receipt of reports: Periodic reports shall be in paper form or electronic form, submitted directly or through postal services or email systems or other methods as prescribed by law;
e) Deadline for submission of reports: December 15 each year;
g) Frequency of submitting reports: Annual periodic reports;
h) Data closing period for reports: From December 15 of the previous year to December 14 of the reporting year;
i) Outline of the report: As set out in Appendix 1 attached hereto."

2. Amending and supplementing Clause 4 of Article 24 as follows:

"4. Submitting reports containing the following contents:
a) Report name: Train schedule construction and publication work report;
b) Content requirements for the report: Reporting on the results of train schedule construction, publication, and adjustment activities; difficulties arising during implementation; plans and measures for implementation in the coming year;
c) Reporting entity: Owner of dedicated railways;
d) Receiving agency: Vietnam Railway Administration;
đ) Method of submission and receipt of reports: Periodic reports shall be in paper form or electronic form, submitted directly or through postal services or email systems or other methods as prescribed by law;
e) Deadline for submission of reports: December 15 each year;
g) Frequency of submitting reports: Annual periodic reports;
h) Data closing period for reports: From December 15 of the previous year to December 14 of the reporting year;
i) Outline of the report: As set out in Appendix 2 attached hereto."

Article 3. Amend and supplement Article 76 of Circular No. 33/2018/TT-BGTVT dated May 15, 2018, issued by the Minister of Transport, concerning standards, tasks, and authorities for the position of railway staff directly serving train operations; the content and training program for the position of railway staff directly serving train operations; conditions, content, procedures for examination and issuance, reissuance, and revocation of railway locomotive driving licenses as follows:

"Article 76. Reporting System
1. Report Name: Report on Management and Utilization of Positions of Railway Staff Directly Serving Train Operations.
2. Content requirements for the report:
a) Situation report on the utilization of positions of railway staff directly serving train operations;
b) Changes in railway staff directly serving train operations;
c) Plan and demand for new and renewed locomotive driving license examinations for the following year.
3. Reporting Entity: Railway business enterprises utilizing positions of railway staff directly serving train operations.
4. Receiving agency: Vietnam Railway Administration.
5. Method of submission and receipt of reports: Periodic reports shall be in paper form or electronic form, submitted directly or through postal services or email systems or other methods as prescribed by law.
6. Deadline for submission of reports: December 15 each year.
7. Frequency of reporting: Annual regular reports or upon request.
8. Time frame for finalizing report data: From December 15 of the previous year to December 14 of the reporting year or to the requested time point.
9. Reporting Form:
a) Utilization and changes in railway staff directly serving train operations according to Appendix IX attached to this Circular;
b) Report on the plan and demand for new and renewed locomotive driving licenses according to Appendix X attached to this Circular."

"Article 28c. Provisions on Time and Information Reporting System
1. On Time
a) Flood, storm prevention, aftermath mitigation; emergency response, disaster relief, and rescue plans for a five-year cycle corresponding to economic and social development plans;
b) On March 31 each year, Vietnam Railway Corporation organizes on-site inspections to develop flood, storm prevention, aftermath mitigation; emergency response, disaster relief, and rescue plans for railways;
c) Before June 15 each year, Vietnam Railway Corporation proposes adjustments to the annual plan for flood, storm prevention, aftermath mitigation; emergency response, disaster relief, and rescue operations for railways to be reviewed by the Vietnam Railway Administration before submitting to the Ministry of Transport for approval.
2. Vietnam Railway Corporation annually reports on flood, storm prevention, and rescue operations on national railways with the following contents:
a) Report Name: Report on Flood, Storm Prevention, and Rescue Operations on National Railways;
b) Content Requirements: Information on the list and contact phone numbers of members of the Flood, Storm Prevention, and Rescue Command; tasks and addresses of related subjects; Summary of plans for flood, storm prevention, aftermath mitigation; emergency response, disaster relief, and rescue operations on national railways; Results of monitoring, inspection, and urging the implementation of flood, storm prevention, aftermath mitigation; emergency response, disaster relief, and rescue operations by railway business enterprises;
c) Reporting Entity: Vietnam Railway Corporation;
d) Receiving authority: Ministry of Transport, Vietnam Railway Administration;
đ) Reporting method: Periodic reports are submitted in either paper or electronic form, directly or through postal services;
e) Deadline for Submission of Reports: March 31 each year;
g) Frequency of submitting reports: Annual periodic reports;
h) Data collection period: From March 31 of the previous year to March 30 of the reporting year;
i) Outline of the report: As set forth in the Appendix accompanying this Circular.
3. Within 48 hours from the occurrence of floods, storms; emergencies, disasters, affected entities must promptly report to the Ministry of Transport and the Vietnam Railway Administration about the situation of floods, storms, emergencies, disasters; preliminary damage assessment; proposed response measures and timelines."

Article 5. Supplementing the appendices specifying the regular reporting regime

1. Supplement Appendix 7 to Circular No. 21/2018/TT-BGTVT dated April 27, 2018, issued by the Minister of Transport on registering railway transport vehicles and moving railway transport vehicles in special cases as stipulated in Appendix 1 of this Circular.

2. Supplement Appendices 1 and 2 to Circular No. 24/2018/TT-BGTVT dated May 7, 2018, issued by the Minister of Transport on constructing train schedules and managing railway transport operations as stipulated in Appendices 2 and 3 of this Circular.

3. Supplement Appendices IX and X to Circular No. 33/2018/TT-BGTVT dated May 15, 2018, issued by the Minister of Transport on standards, duties, and authorities for railway staff directly serving trains; contents and training programs for railway staff directly serving trains; conditions, contents, procedures for examination and issuance, reissuance, and revocation of train driving licenses on railways as stipulated in Appendices 4 and 5 of this Circular.

Article 6. Effectiveness

This Circular takes effect from December 1, 2020.

Article 7. Implementation Organization

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of Bureaus, the Director of the Vietnam Highway Administration, the Heads of agencies, organizations, and individuals related to this matter shall be responsible for implementing this Circular.

2. In case issues arise or difficulties occur during implementation, please report to the Ministry of Transport for study, amendment, and supplementation to ensure appropriateness./.