Circular No. 26/2011/TT-BGTVT amending and supplementing certain provisions of the Regulations on Registration of Rail Transport Vehicles issued together with Decision No. 55/2005/QĐ-BGTVT dated October 28, 2005 of the Minister of Transport.

CIRCULAR

Amending and supplementing some articles of the Provision on registering railway transportation means issued together with

Decision No. 55/2005/QĐ-BGTVT dated October 28, 2005 of the Minister of Transport

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MINISTER OF TRANSPORT

Pursuant to the Railway Law dated June 14, 2005;

On the basis of Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport,

The Minister of Transport hereby promulgates the following:

Article 1. Amending and supplementing some articles of the Provision on registering railway transportation means issued together with Decision No. 55/2005/QĐ-BGTVT dated October 28, 2005 of the Minister of Transport

1. Supplement Clause 5 of Article 4 as follows:

"5. The certificate of registration for railway transportation means used for newly registered or re-registered transportation means shall be in accordance with the model prescribed in Appendix 5 of this Provision. In case of reissue, the certificate of registration for railway transportation means shall bear the stamp “Reissued first time, Reissued second time, ...”"

2. Amend Article 5 as follows:

Article 5. Procedures and deadlines for implementation
1. Transportation means with complete files in accordance with Articles 6, 7, 8, and 9 of this Provision will have their registration procedures processed or their names removed and certificates of registration revoked by the Vietnam Railway Administration.
2. The owner of the transportation means shall submit one set of files for registration procedures or one set of files for requesting removal of registration directly to the Vietnam Railway Administration or send them through the postal system to the Vietnam Railway Administration.
3. The Vietnam Railway Administration shall accept and examine the files. If the transportation means owner has not submitted complete files as required, the Vietnam Railway Administration must guide the owner to complete the files; if the files are received via the postal system, they must immediately notify the owner in writing to supplement the files.
4. Within no more than five working days from the date of receiving complete files as required, the Vietnam Railway Administration shall issue the certificate of registration for railway transportation means or remove the name of the transportation means from the Register of Transportation Means and revoke the certificate of registration for railway transportation means. In case of non-issuance of the certificate of registration for transportation means, a written response must be given with clear reasons stated.

3. Abolish Clause 4 of Article 6.

4. Abolish Point d of Clause 1 of Article 7.

5. Amend Article 14 as follows:

"Article 14. Responsibilities of the Vietnam Railway Administration

1. Organizing the implementation of transportation means registration in accordance with regulations; guiding the owners of transportation means to prepare registration files;

2. Establishing the Register of Transportation Means, storing, and managing registration files;

4. Monitoring, compiling, and reporting to the Ministry of Transport every twelve months on the situation of transportation means registration;

5. Managing, printing, and using seals for transportation means registration work;

6. Collecting and using registration fees in accordance with the law."

6. Amending Appendices 1, 2, 3, and 4 of the Provision issued together with Decision No. 55/2005/QĐ-BGTVT dated October 28, 2005 of the Minister of Transport.

a) Appendix 1: Model Application for Registration of Railway Transportation Means (for newly registered transportation means).

b) Appendix 2: Model Application for Re-registration of Railway Transportation Means (for re-registered transportation means);

c) Appendix 3: Model Application for Reissuing Certificate of Registration for Railway Transportation Means;

d) Appendix 4: Model Application for Removal of Registration Name of Railway Transportation Means.

Article 2. Effective Date

This Circular takes effect forty-five days from the date of signature.

Article 3. Responsibility for Implementation

The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, units, and individuals related to this Circular are responsible for its implementation.