Circular No. 29/2018/TT-BGTVT on the inspection of quality, technical safety, and environmental protection for railway transport vehicles

CIRCULAR

Rules on quality inspection, technical safety, and environmental protection for railway transportation vehicles

AND THE ENVIRONMENT FOR RAILWAY TRANSPORTATION VEHICLES

___________

At the proposal of the Director of the Personnel Organization Department and the Director of the Vietnam Registration Bureau;

Based on the Law on Product Quality and Goods Number 05/2007/QH12 dated November 21, 2007;

Pursuant to Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

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 Science and Technology Department and the Director of the Vietnam Vehicle Inspection Agency;

The Minister of Transport issues this Circular regulating the inspection of quality, technical safety, and environmental protection for railway transportation vehicles.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the inspection, testing, and issuance of certificates for quality, technical safety, and environmental protection for components, equipment, assemblies, and railway transportation vehicles produced, assembled, imported, modified, restored, and during operation on national railways, urban railways, dedicated railways connected to national railways, and dedicated railways not connected to national railways passing through residential areas and intersecting with roads.

Article 2. Applicability

This Circular applies to organizations and individuals related to the importation, production, assembly, modification, restoration, and operation of railway transportation vehicles used on these systems and organizations related to management, inspection, testing, and issuing certificates for quality, technical safety, and environmental protection for railway transportation vehicles as stipulated in Article 1 of this Circular.

Article 3. Explanation of Terms

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

1.    Design entity is an organization with legal personality, registered for business according to current regulations.

2.    Production facility is a business producing, assembling, modifying, restoring, repairing, and maintaining railway transportation vehicles and equipment.

3.    Railway car urban railway means a passenger-carrying vehicle operating on urban railways.

4.    Special-purpose railway vehicle is a vehicle used for maintenance, repair, construction of railway works; rescue and emergency response in railway traffic accidents, and other special-purpose vehicles moving on railway tracks.

5.    Equipment of railway transportation vehicles (hereinafter referred to as equipment) includes brake valves, coupler buffers, air compressors, electrical connectors, tail-end signaling devices, speed and data recording devices.

6.    Assemblies of railway transportation vehicles (hereinafter referred to as assemblies) include steering frames, diesel engines, main generators (on locomotives), traction motors, electric power converters, hydraulic drive units.

7.    Systems of railway transportation vehicles (hereinafter referred to as systems) include braking systems, traction electrical systems, passenger car electrical supply systems, air conditioning systems, drive systems, train control systems.

8.    Components of railway transportation vehicles (hereinafter referred to as components) are parts used in the assembly of railway transportation vehicles, including safety glass, headlight, fire-resistant materials, wheelsets, suspension springs of steering frames.

9.    Product is one of the following objects to be inspected: vehicles, assemblies, equipment, or components.

10.  Usage period (in years) is the time determined from the year of manufacture to the year of use of the vehicle.

11.  Tail-end signaling device is an electronic device used on freight trains without a caboose. The device consists of two basic parts: the part at the rear of the train and the part in the driver's cabin to help the driver monitor brake pipe pressure and perform emergency braking at the end of the train during operation.

12.  Certificate of quality, technical safety, and environmental protection (hereinafter referred to as certificate) is a certification confirming that the vehicle, assembly, equipment, or component has been inspected according to current regulations.

13.  Quality inspection stamp, technical safety, and environmental protection (hereinafter referred to as inspection stamp) is a label issued to railway transportation vehicles that have passed relevant technical standards and specifications.

Chapter II

QUALITY INSPECTION, TECHNICAL SAFETY, AND ENVIRONMENTAL PROTECTION

AND THE ENVIRONMENT

Article 4. Types of Inspection

Inspection includes the following types:

1. Production and assembly inspection.

2. Import inspection.

3. Modification inspection.

4. Periodic inspection.

5. Abnormal inspection.

Article 5. Production and Assembly Inspection

1. Production and assembly inspections are conducted for:

a) Newly manufactured and assembled vehicles;

b) Newly manufactured and assembled assemblies, equipment, and components.

2. Design documentation includes:

a) For newly manufactured and assembled vehicles:

Technical drawings: overall drawings of the vehicle, assemblies, and equipment; installation drawings of assemblies, equipment, and systems on the vehicle; drawings and technical specifications of domestically produced assemblies and equipment; drawings and technical specifications of imported assemblies and equipment.

Descriptions and calculations: descriptions of the basic technical characteristics of the vehicle; dynamic performance test descriptions and calculations: smoothness of operation, overturning resistance, derailment resistance; traction force test descriptions and calculations (applicable to locomotives and urban rail cars); descriptions and calculations of structural strength tests of steering frames, wheelsets, bogies, car bodies; descriptions and calculations of braking system tests.

b) For newly manufactured and assembled assemblies, equipment, and components: overall drawings of assemblies, equipment, and components; descriptions of the technical characteristics of assemblies, equipment, and components; strength test calculations for car bodies, steering frames, wheelsets, and coupler buffers.

3. Inspection registration documents include:

a) Inspection request form of the manufacturing or vehicle owner entity according to the model prescribed in Appendix I attached to this Circular;

b) Design documentation as stipulated in Clause 2 of this Article;

c) Copies with original for comparison or certified copies of quality certificates and technical documents of related assemblies, systems, equipment, and components used;

d) Reports on the results of inspections and tests of vehicles, assemblies, equipment, and components by manufacturers or testing organizations.

4. Inspection contents:

a) Inspections according to current technical standards and design documentation;

b) For tail-end signaling devices, inspections according to the provisions in Appendix VII attached to this Circular.

5. Inspection methods:

a) For vehicles, assemblies, and equipment: individual product inspection;

b) For components: typical sample inspection for each batch of components according to relevant standards and technical regulations;

c) For urban railway cars: individual vehicle inspections and inspections when coupled into a train.

Article 6. Import Inspection

1. Import inspection shall be carried out for:

a) Imported vehicles;

b) Newly imported assemblies, equipment, and components.

2. The registration dossier for inspection includes:

a) Inspection request form of the importing entity according to the model prescribed in Appendix I attached to this Circular;

b) Overall drawings and technical characteristic documents;

c) Copies with original for comparison or certified copies of the certificate of origin of goods;

d) A copy accompanied by the original for comparison or a certified copy of the quality certificate issued by the manufacturer;

đ) Report on the results of inspection and testing of vehicles, assemblies, equipment, and parts by the manufacturer or testing organization for newly imported products.

3. Content of inspection:

a) Inspection according to the contents stipulated in current technical regulations;

b) For tail-end signaling devices, inspections according to the provisions in Appendix VII attached to this Circular.

4. Time of inspection:

a) For vehicles: the inspection shall be conducted after the customs declaration has been registered and the vehicle has been brought to the location for inspection;

b) For assemblies, equipment, and parts: the inspection shall be conducted before they are installed onto the vehicle.

5. Inspection methods:

a) For vehicles, assemblies, and equipment: individual product inspection;

b) For components: typical sample inspection for each batch of components according to relevant standards and technical regulations;

c) For urban rail carriages: inspect each vehicle individually and inspect when they are coupled into a train according to the operational configuration.

Article 7. Modification Inspection

1. The modification inspection shall be carried out on vehicles that have undergone changes in the steel structure of the body, usage characteristics, and technical parameters and features of systems, assemblies, and equipment. The modification inspection does not apply to vehicles that only change tail signal equipment.

2. The registration dossier for inspection includes:

a) An application for inspection from the modification facility or the vehicle owner in accordance with the form prescribed in Appendix I attached hereto;

b) Design documentation for modified vehicles including: a copy of the vehicle registration certificate; overall drawings of the vehicle before and after modification; technical documents (drawings and descriptions, calculations) of assemblies, equipment, and systems that have been modified; explanations and calculations related to the modification content;

c) Copies with the original for comparison of certificates of origin, quality certificates, and related technical documents of new assemblies, equipment, and components used;

d) Inspection records of modified vehicles by the modification facility.

3. Content of inspection: inspection according to the contents stipulated in current technical regulations and design documents.

4. Inspection method: inspect each vehicle individually. For urban rail carriages, inspect each carriage individually and inspect when they are coupled into a train according to the operational configuration.

Article 8. Periodic Inspection

1. Periodic inspections during operation shall be conducted on vehicles and tail signal equipment.

2. The registration dossier for inspection includes:

a) Inspection records from the vehicle owner or maintenance and repair facility;

b) A copy of the vehicle registration certificate (for new production, assembly, or imported vehicles undergoing their first periodic inspection or vehicles with changed registration numbers).

3. Periodic inspection cycle:

a) The periodic inspection cycle shall be carried out in accordance with the provisions set forth in Appendix VI attached hereto;

b) For national railway vehicles and urban rail carriages, the inspection shall be conducted concurrently with regular maintenance and repair cycles but shall not exceed the time limit specified in the periodic inspection cycle set forth in Appendix VI attached hereto.

4. Inspection contents:

a) Inspection according to the contents stipulated in current technical regulations;

b) For tail-end signaling devices, inspections according to the provisions in Appendix VII attached to this Circular.

5. Inspection method: inspect each vehicle or tail signal equipment individually. For urban rail carriages, inspect each carriage individually and inspect when they are coupled into a train according to the operational configuration.

Article 9. Unusual Inspection

1. Unusual inspections shall be carried out at the request of authorized state agencies when a vehicle is involved in an accident or shows signs of non-compliance with quality and technical safety standards during production, assembly, importation, modification, and operation.

2. Documentation used during the inspection includes:

a) Technical documentation of the vehicle or assembly, equipment, and parts;

b) Valid certification of the vehicle.

3. Inspection content: inspection according to the contents stipulated in current technical regulations.

4. Inspection methods:

a) For vehicles, assemblies, and equipment: random inspection according to relevant technical standards and regulations;

b) For parts: random sample inspection according to relevant technical standards and regulations;

c) For urban rail carriages: inspect each carriage individually and when they are coupled into a train.

Chapter III

PROCEDURE FOR ISSUING AND USING CERTIFICATES AND QUALITY STAMPS

AND INSPECTION STAMPS

Article 10. Issuing certificates and inspection seals

1. Organizations and individuals shall prepare documents in accordance with Articles 5, 6, 7, and 8 of this Circular and submit them directly or through postal services or other appropriate means to the Vietnam Vehicle Inspection Agency.

2. The Vietnam Vehicle Inspection Agency shall accept and check the components of the documents within one (01) working day. If the components of the documents are complete, the Vietnam Vehicle Inspection Agency shall proceed to review the contents of the documents. If the components of the documents are incomplete, the Vietnam Vehicle Inspection Agency shall guide organizations and individuals to perfect them.

3. The Vietnam Vehicle Inspection Agency shall review the contents of the documents within five (05) working days for production, assembly, import, modification inspections, and within one (01) working day for periodic inspections. If the contents of the documents are not valid, it shall notify organizations and individuals within one (01) working day from the end date of the document content review. If the contents of the documents are valid, it shall issue an appointment letter to unify the time and location for on-site product inspection.

4. The Vietnam Registering Agency shall conduct actual field inspections and proceed as follows:

a) If the inspection results meet the requirements, it shall issue a quality, technical safety, and environmental protection certificate according to the model prescribed in Appendix III attached to this Circular within three (03) working days for production, assembly, import, modification inspections or one (01) working day for periodic inspections from the end date of the inspection and affix the inspection seal to the vehicle according to the model prescribed in Appendix IV attached to this Circular;

b) If the inspection results do not meet the requirements, the Vietnam Vehicle Inspection Agency shall issue a notification of non-compliance with quality, technical safety, and environmental protection standards for railway transport vehicles according to the model prescribed in Appendix V attached to this Circular within one (01) working day from the end date of the inspection. For imported vehicles, this notification shall be sent to relevant agencies for coordination.

Article 11. Reissuing certificates for vehicles

1. In cases where the certificate is damaged or lost but still valid, the vehicle owner shall submit a request for reissue of the certificate according to the model prescribed in Appendix II attached to this Circular directly or through other means to the Vietnam Vehicle Inspection Agency.

2. After receiving the request, based on the vehicle inspection file, if the vehicle's certificate is still valid, the Vietnam Vehicle Inspection Agency shall reissue the certificate to the vehicle owner within one (01) working day from the receipt of the request according to the validity period of the damaged or lost certificate; if the vehicle's certificate has expired, the Vietnam Vehicle Inspection Agency shall notify that the certificate will not be reissued.

Article 12. Revoking certificates

1. The Certificate shall be revoked in the following cases:

a) The vehicle owner has reported the loss of the certificate;

b) There is a notice from the Vietnam Vehicle Inspection Agency declaring the expiration of the certificate's validity according to point b, Clause 2, Article 13 of this Circular.

2. The Vietnam Vehicle Inspection Agency shall notify and organize the revocation of certificates in accordance with regulations.

Article 13. Usage and Validity Period of Certificates and Inspection Seals

1. Using certificates and inspection seals:

a) Certificates issued for assemblies, equipment, and parts are used as a basis for permission to install on vehicles;

b) Certificates issued for vehicles are used for customs procedures when importing, registration, and circulation of vehicles;

c) Inspection seals affixed to vehicles are placed at positions specified in Appendix IV attached to this Circular.

2. Validity of certificates and inspection seals:

a) The validity period of certificates and inspection seals issued according to the inspection cycle prescribed in Appendix VI attached to this Circular;

b) Certificates and inspection seals will become invalid when the Vietnam Vehicle Inspection Agency confirms that the actual technical parameters of the vehicle do not match those on the certificate or the vehicle has been involved in an accident to the extent that it does not ensure technical safety and environmental protection as stipulated.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 14. Responsibilities of the Vietnam Motor Vehicle Inspection Agency

1. Implementing vehicle inspection for railway transport, assemblies, equipment, and parts throughout the country.

2. Adhering to current technical standards and regulations when conducting quality, technical safety, and environmental protection inspections of products.

3. Conducting inspections and uniformly managing the issuance and distribution of certificates and inspection seals according to regulations for inspected subjects and being responsible for inspection results.

4. Storing inspection files:

a) For inspection files of imported, produced, and assembled vehicles, assemblies, equipment, and parts: storing throughout the service life of the vehicles, assemblies, equipment, and parts;

b) For periodic vehicle inspection files: storing for three (03) years;

c) For periodic inspection files of tail-end signal equipment: storing for one (01) year.

5. Collecting and using inspection fees and service charges according to current regulations.

Article 15. Responsibilities of design bases, production facilities, assembly units, import units, and vehicle owners, operators

1. Responsibilities of design bases, production facilities, assembly units:

a) Shall be responsible under the law for products designed, produced, and assembled by themselves;

b) Shall be subject to quality, technical safety, and environmental protection supervision by the Vietnam Registration Agency during the production and assembly process;

c) Shall comply with current regulations, standards, and technical specifications when producing, assembling, converting, repairing, and restoring products;

d) Shall establish product quality inspection procedures in accordance with relevant regulations. Organize quality inspections for each product and be responsible for the quality of products leaving the factory.

2. Responsibilities of import units:

a) Shall comply with the provisions of current technical specifications or standards approved by competent authorities;

b) Shall be responsible under the law for the origin, quality of imported products.

3. Responsibilities of vehicle owners, vehicle operators:

a) Shall be responsible for repairing and maintaining vehicles to ensure their quality, technical safety, and environmental protection between two registration inspections by the Vietnam Registration Agency;

b) Shall monitor and inspect imported products with new designs that are currently undergoing trial application;

c) Shall establish maintenance, repair, and inspection procedures for vehicles and submit them to the Vietnam Registration Agency before the first periodic inspection and when there are changes during operation;

d) Shall keep technical files, quality certificates, certification papers, inspection seals, and present them upon request by authorized state agencies.

4. Responsibility for payment of registration fees and service charges: Production facilities, assembly units, import units, vehicle owners, tail signal equipment owners, vehicle operators, tail signal equipment owners shall pay registration fees and service charges for inspections according to current regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 16. Effective Date

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

2. Abolish the following Circulars:

a) Circular No. 56/2013/TT-BGTVT dated December 27, 2013, issued by the Minister of Transport, stipulates the inspection of self-cleaning toilet equipment on passenger carriages;

b) Circular No. 11/2015/TT-BGTVT dated April 20, 2015, issued by the Minister of Transport, stipulates the inspection of tail signal equipment replacing carriage head signals on freight trains;

c) Circular No. 63/2015/TT-BGTVT dated November 5, 2015, issued by the Minister of Transport, stipulates the inspection of quality, technical safety, and environmental protection of railway transportation vehicles.

Article 17. Transitional Provisions

Certificates and Inspection Seals issued to vehicles and tail signal equipment prior to the effective date of this Circular remain valid until their expiration date.

Article 18. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Registration Agency, Directors of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.