Decision No. 33/2005/QD-BGTVT Issuing Temporary Regulations on the Organization and Operation of Railway Security Forces

Pursuant to …;

DECISION NO. 33/2005/QĐ-BGTVT OF THE MINISTER OF TRANSPORTATION ON TEMPORARY REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF SECURITY FORCES ON TRAINS

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 73/2001/NĐ-CP dated October 5, 2001 of the Government on activities and organization of security forces for agencies and enterprises;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Vietnam Railway Administration, the Head of the Legal Department,

DECISION:

Article 1. This Decision promulgates Temporary Regulations on the organization and operations of security forces on trains.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations that conflict with this Decision are hereby abolished.

Article 3. The Heads of the Office, Department Heads under the Ministry, the Inspector General, the Director of the Vietnam Railway Administration, the Chairmen of the Boards of Management, the General Directors of the Vietnam Railway Corporation, the Heads of agencies, units, and individuals related to this Decision are responsible for its implementation.

 

TEMPORARY PROVISIONS

On the organization and operations of security forces on trains

(Annexed to Decision No. 33/2005/QĐ-BGTVT dated July 21, 2005

of the Minister of Transportation)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This document regulates the organization and operations of security forces on trains; cooperation between security forces on trains and station security, between security forces on trains, railway inspectors, and police and local authorities at stations and along railway lines.

Article 2. Applicability

These provisions apply to organizations and individuals engaged in railway transportation on national railways or those involved in activities related to national railways.

In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such provisions shall be applied according to the treaty. Male Security forces on trains

Article 3. 1. Security forces on trains are part of the organizational structure and management of railway transportation enterprises, comprising staff members responsible for ensuring order and safety regarding the lives, health, and property of the enterprise, passengers, and cargo. The organization of security forces on trains is determined by the railway transportation enterprise in accordance with the law.

2. The provision, management of uniforms, insignia, equipment, and necessary support tools for security forces on trains must comply with the provisions of Decree No. 73/2001/NĐ-CP dated October 5, 2001 of the Government on activities and organization of security forces for agencies and enterprises; Circular No. 10/2002/TT-BCA(A11) dated August 26, 2002 of the Ministry of Public Security guiding the implementation of Decree No. 73/2001/NĐ-CP dated October 5, 2001; and Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and support tools.

Article 4. Responsibilities of the Head of a Railway Transportation Enterprise

1. To be responsible for the activities of security forces on trains within their jurisdiction. To direct, build, and implement security plans for train trips.

2. Based on specific characteristics and circumstances, to decide on the form of organization, deployment of personnel, training plans, and provision of equipment and support tools for security forces on trains in accordance with the law.

3. To lead and coordinate with railway inspectors, police forces, and local authorities to prevent, stop, and detect violations of railway laws to ensure order and safety for train trips, protecting the lives, health, and property of passengers, luggage, and goods.

4. To implement guidance documents on security work issued by the Ministry of Public Security.

5. To be subject to inspection and supervision by competent state agencies regarding the organization and operations of security forces on trains.

5. Be subject to inspection and supervision by competent state agencies regarding the organization and operation of the railway security force on trains.

Article 5. Standards for personnel belonging to railway protection forces on trains

1. Be a Vietnamese citizen Male at least 18 years old, with a clear background, good morals, a general secondary education level, and sufficient health to meet the job requirements.

2. Have undergone vocational training in a specific railway profession and hold a professional certificate or qualification.

3. Have completed security training organized by provincial-level police or higher and received a certification.

Chapter II

||| TASKS, RIGHTS, COORDINATION AND REGIME, POLICIES OF RAILWAY PROTECTION FORCES ON TRAINS

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Article 6. Tasks and rights of railway protection forces on trains

1. Detect and prevent acts infringing upon life, health, property, disrupting public order and safety, and other violations of the law occurring on the train; temporarily detain according to administrative procedures and hand over violators to the station master, police agency, or local authority at the nearest convenient location.

2. For individuals obstructing train operation illegally, throwing soil, rocks, or other objects causing damage or dirtiness to the train, the railway protection force on the train has the right to stop such actions, take coercive measures; temporarily detain according to administrative procedures and hand over violators to the station master, police agency, or local authority when the train stops at the nearest station.

3. Coordinate with railway staff and related forces to handle railway traffic accidents in accordance with the law.

4. Implement regulations on fire prevention and explosion control on the train. Manage equipment and support tools assigned in accordance with the law.

5. While performing tasks, they may carry out the following activities:

a) Inspect and remind railway staff, freight customers, and train passengers to comply with regulations, procedures, rules, and terms of railway transportation and internal rules of conduct within their assigned duties.

b) Check documents, persons, and goods on the train if there are signs of law violation and be responsible for their actions.

c) Use equipment and support tools in accordance with the law to intervene and prevent acts infringing upon life, health, property, disrupting public order and safety, and other violations of the law occurring on the train.

Article 7. Coordination between railway protection forces on trains and station protection forces

1. Railway protection forces on trains and station protection forces, regardless of being from one or multiple railway units, must closely coordinate while performing their tasks. 2. When the railway protection force on the train needs support from the station protection force, it must promptly inform the station protection force about the name, number of the train; departure point, destination, and location requiring station protection force support; situation and form of assistance.

3. Upon receiving requests from the railway protection force on the train, the station protection force has the responsibility to prepare and arrange support forces; in necessary cases, request assistance from the police agency or local authority.

4. After completing the work, the protection forces have the responsibility to promptly report to the superior agency.

5. The railway protection force on the train, when handing over individuals with illegal behavior to the station master, police agency, local authority, or station protection force when the train stops at the nearest station, must establish a handover record in accordance with the law.

5. The railway security force on trains, when escorting persons who have committed violations, shall hand them over to the station master, public security agency, local authorities, or ground security personnel at the nearest station stop, and must prepare a handover record in accordance with the provisions of the law.

Article 8. Responsibilities for Coordination with Police on Railway Trains

The railway train protection force shall be responsible for leading and coordinating with police agencies and local authorities where railway stations and rail lines pass through to organize security, order, and safety for train journeys; developing programs, plans, forms, mechanisms for coordination, measures to implement these programs and plans, and reporting them to the railway transport business enterprise for approval and implementation.

Article 9. Responsibilities for Ensuring Security, Order, and Safety in Railway Operations of Local People's Committees at All Levels

Local People's Committees at all levels where railway stations and rail lines pass through shall be responsible for directing police forces, lower-level authorities, and local residents to cooperate with railway inspection forces and railway industry protection forces to prevent and promptly handle acts that infringe upon railway infrastructure, railway vehicles, and other acts violating the law, ensuring safety for railway transportation activities.

Article 10. Organization of Railway Protection Forces on Railway Trains

1. The railway protection force system is organized vertically within railway transport business enterprises.

2. The railway train protection force belonging to which enterprise must be under the direct management and leadership of the head of that enterprise, while also being subject to guidance and training in protective duties from higher-level protection organizations and relevant police agencies.

Article 11. Benefits and Policies for Railway Protection Forces on Railway Trains

1. They shall enjoy salaries, bonuses, social insurance, and other benefits according to labor laws and regulations of railway transport business enterprises.

2. They shall be equipped with support devices, uniforms, insignia, and specific signs according to legal provisions and regulations of railway transport business enterprises to perform assigned tasks.

3. They shall be trained and provided with professional skills and technical knowledge related to their work responsibilities.

4. If officers, workers, and staff members of the railway train protection force are injured or killed while performing their duties, they shall be recognized as war invalids or martyrs and entitled to policies for war invalids and martyrs as stipulated by law.

5. They shall enjoy other benefits as prescribed by law.

Chapter III

REWARDS AND DISCIPLINE

Article 12. Rewards

Groups and individuals within the railway train protection force who achieve outstanding results in completing assigned protective tasks and participating in mass movements for national security protection shall be rewarded according to state regulations, transportation sector regulations, and public security sector regulations.

Article 13. Discipline

Groups and individuals within the railway train protection force who abuse their assigned duties and powers to commit acts violating the law shall be disciplined, administratively punished, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be made according to the law.

Chapter IV

IMPLEMENTATION

Article 14. Responsibilities of the Vietnam Railways Corporation

1. Cooperating with relevant agencies and units to guide and supervise the implementation of this Regulation.

2. Proactively surveying, researching, and timely proposing to the Ministry appropriate measures to enhance security, order, and safety in railway operations.

3. Directing railway inspectors to cooperate with railway train protection forces and local authorities in maintaining order and safety in railway operations.

3. Direct the railway inspectorate to coordinate with the railway security force on trains and local authorities in ensuring order and safety in railway operations.

Article 15. Responsibilities of Vietnam Railway Corporation

1. Disseminate and widely publicize this Regulation to all officers, workers, and staff within its management scope for effective implementation.

2. Directly guide affiliated railway transport enterprises to closely coordinate with relevant agencies and units to effectively implement plans for security on trains.

3. Closely cooperate with the Vietnam Railway Administration to promptly propose effective solutions and measures to ensure order and safety in railway operations.