Circular No. 33/2018/TT-BGTVT stipulates standards, duties, and authorities for railway staff positions directly serving train operations; contents and training programs for railway staff positions directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of railway locomotive driving licenses.

CIRCULAR

Article 24regulations on standards, duties, and authorities for positions of railway employees directly serving train operations; contents and training programs for positions of railway employees directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of train driving licenses on railways on railways

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

 

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 Head of the Organization and VT dated May;

The Minister of Transport hereby issues this Circular. qregulations on standards, duties, and authorities for positions of railway employees directly serving train operations; contents and training programs for positions of railway employees directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of train driving licenses on railways on railways.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards, duties, and authorities for positions of railway employees directly serving train operations; contents and training programs for positions of railway employees directly serving train operations; conditions, contents, procedures for examination and issuance, reissuance, and revocation of train driving licenses on railways.

Article 2. Applicability

This Circular applies to organizations and individuals related to train operations, training of positions of railway employees directly serving train operations; examinations, issuance, reissuance, and revocation of train driving licenses on railways.

Chapter II

STANDARDS, DUTIES, AUTHORITIES OF POSITIONS OF RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS

Section 1

STANDARDS, DUTIES, AUTHORITIES FOR POSITIONS OF RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS ON NATIONAL RAILWAYS AND SPECIALIZED RAILWAYS

Article 3. Positions of railway employees directly serving train operations on national railways and specialized railways

Including the positions specified in Points a, b, c, d, đ, e, g, h, i Clause 1 Article 35 of the Railway Law, the position of deputy train conductor responsible for safety, and the position of person directly controlling rail transport means serving the production technology chain of enterprises.

Article 4. Standards, duties, and authorities of the train conductor

The train conductor includes the position of passenger train conductor and freight train conductor.

1. Standards:

a) Hold a certificate or qualification in train operation management or railway transportation;

b) Meet health requirements as prescribed by the Minister of Health;

c) For passenger train conductors, must have at least one year of direct experience in the position of freight train conductor or deputy passenger train conductor responsible for safety; for freight train conductors, must have at least one year of direct experience in the position of freight train conductor or have undergone a trial period according to labor laws with the position of freight train conductor or deputy passenger train conductor responsible for safety;

d) Pass the examination for train conductor duties organized by the enterprise using the train conductor position.

2. Duties of the passenger train conductor:

a) Is the highest commander on the train, responsible for ensuring safety, security, order, customer service, and the operation of work units on the train;

b) Record statements with witnesses regarding births, deaths, injuries, and incidents related to security and order occurring on the train as prescribed by law;

c) Comply fully with regulations on rail cargo and passenger transport, other laws, and enterprise regulations using the train conductor position;

d) Request and organize rescue operations;

đ) Record and compile reports on events related to the train journey;

e) In cases where multiple trains form a passenger train set, the conductor of the last train is the overall commander of the passenger train set.

3. Duties of the freight train conductor:

a) Is the highest commander on the freight train, responsible for ensuring safety, security, order, and customer service;

b) Ensure train operation according to schedules and dispatch orders, national technical standards for railway operation, railway signals, train operation procedures, and railway consolidation work;

c) Record statements with witnesses regarding births, deaths, injuries, and incidents related to security and order occurring on the train as prescribed by law;

d) Comply fully with regulations on rail cargo and luggage transport, other laws, and enterprise regulations using the train conductor position;

đ) Pay attention to signals along the track, on the train, and in documents, orders, and warnings to comply and monitor compliance by the driver;

e) When passing each station, confirm the integrity of the train and give safe signals to station staff. If any threat to train safety is detected while running, stop the train to handle it or inform station staff;

g) Give signals for the train to proceed when all safety conditions are met;

h) Record promptly, fully, and accurately the train operation log and events related to train operation;

i) Command the brake test of the train set, participate in the brake test council as prescribed by the enterprise using the train conductor position;

k) Request and organize rescue operations;

l) In cases where multiple trains form a freight train set, the conductor of the last train is the overall commander of the freight train set.

4. Authorities of the passenger train conductor:

a) In emergency situations, the passenger train conductor has the right to request passengers to take measures to ensure train safety and immediately report the situation to the train dispatcher or the nearest station;

b) Refuse to accept personnel who do not meet the professional qualifications and health requirements for their positions on the train; temporarily suspend the duties of personnel on the train violating laws and enterprise regulations causing train safety risks and affecting customer service quality. Report immediately to the competent authority for resolution when exercising this refusal right;

c) Decide to stop the train at the nearest station or location for medical assistance, transfer injured persons, deceased persons, and related property to the station master or police, hospital, local authorities for further handling.

5. Authorities of the freight train conductor:

a) Refuse to allow the train to run if it does not meet safety conditions for train operation;

b) Refuse to accept personnel who do not meet the professional qualifications and health requirements for their positions on the train;

c) Decide to stop the train at the nearest station or location for medical assistance, transfer injured persons, deceased persons, and related property to the station master or police, hospital, local authorities for further handling.

6. For train sets without a deputy passenger train conductor responsible for safety, the passenger train conductor must perform all duties and authorities of the deputy passenger train conductor responsible for safety.

Article 5. Standards, duties, and authorities of the Deputy Train Conductor responsible for safety

1. Standards:

a) Hold a certificate or qualification in train operation management or railway transportation;

b) Meet health requirements as prescribed by the Minister of Health;

c) Having at least one year of direct experience in the position of Train Conductor or undergoing a probationary period as prescribed by labor laws for the position of Deputy Train Conductor responsible for safety.

d) Meeting the requirements of the examination for the Deputy Train Conductor responsible for safety's duties organized by the enterprise employing this position.

2. Tasks:

a) Ensuring that the train runs according to the schedule and dispatch orders, national technical regulations on railway operation, railway signals, train operation procedures, and track work.

b) Paying attention to signals on the tracks, on the train, and the contents recorded in permits, orders, and warnings to comply with and monitor the compliance of the train driver.

c) When the train passes through stations, confirming the integrity of the train and giving safe signals to station staff. If during the run, any threat to train safety is detected, stopping the train to handle the situation or finding ways to inform station staff.

d) Giving signals for the train to run when all safety conditions are met.

đ) Recording promptly, fully, and accurately the train operation log and any incidents related to train operations.

e) Directing the testing of train braking, participating in the braking test council as prescribed by the enterprise employing the Deputy Train Conductor responsible for safety.

g) Processing rescue requests and organizing rescue operations as assigned by the Train Conductor.

h) In cases where multiple passenger trains are combined into one train, the Deputy Train Conductor responsible for safety of the last train will be the Deputy Train Conductor responsible for safety of the combined train.

3. Authorities:

a) Refuse to allow the train to run if it does not meet safety conditions for train operation;

b) Refusing to accept staff who do not meet the required professional qualifications and health standards for their positions on the train.

Article 6. Standards, duties, and authorities of the Train Driver

1. Standards:

a) Holding a valid train driving license issued by the competent authority as prescribed by law.

b) Meet health requirements as prescribed by the Minister of Health;

c) For train drivers of freight trains without a Train Conductor, they must undergo training and pass the examination for the duties of a train driver of a freight train without a Train Conductor organized by the enterprise employing the Train Driver position.

2. Duties of the Train Driver:

a) Understanding and strictly adhering to relevant regulations within the scope of their work as stipulated in national technical regulations on railway operation, railway signals, train operation procedures, and track work.

b) Proficient in the train crew operating procedures, methods of using locomotives, bridge and road conditions, signal locations, and train schedules.

c) Operating the locomotive safely, not exceeding the prescribed speed, following the schedule of the train schedule and dispatch orders.

d) In case of a railway traffic accident, performing emergency stop procedures.

đ) Only permitted to control the train when holding a corresponding train driving license for the type of vehicle being controlled.

e) Before starting the train, the train driver must check and confirm the permission to occupy the track space, accurately confirm the start signal from the Train Conductor and the station dispatcher, even when running solo.

g) During train operation, the train driver is responsible for checking the technical condition of the locomotive and other issues related to locomotive and train safety as prescribed, attentively observing and strictly following the instructions of signs, markers, and signals along the route, monitoring the condition of bridges and roads, and checking the effectiveness of the automatic braking system as stipulated in national technical regulations on railway operation, especially when the train ascends or descends steep and long slopes.

h) Guiding and supervising the train assistant in practicing train driving and bearing primary responsibility for train safety during the train assistant's practice.

3. Duties of the Train Driver for freight trains without a Train Conductor (single locomotive operation, freight trains using tail-end equipment without a Train Conductor) in addition to fulfilling the duties specified in Clause 2 of this Article, must also perform the following additional duties:

a) Being the highest commander on the train, responsible for ensuring train safety.

b) Paying attention to signals on the tracks, on the train, and the contents recorded in permits, orders, and warnings to ensure safe train operation.

c) When the train passes each station, confirming the integrity of the train through the tail-end signaling equipment. If during the run, any threat to train safety is detected, stopping the train to handle the situation or finding ways to inform station staff (including when passing through stations).

d) Promptly, fully, and accurately recording the composition, frequency of the train, departure and arrival times, passage and stoppage times in the train log and specified reports.

đ) Testing the train brakes when the train stops on the track for more than 20 minutes or at stations without a car inspection shed cutting off cars. Additionally, participating in the train brake testing council at departure stations and at stations where technical operations are performed.

e) Processing rescue requests and participating in rescue operations.

g) Recording logs and preparing related reports on the train journey.

h) Handing over sealed documents related to cargo transportation as prescribed by the enterprise employing the Train Driver position.

i) In cases where multiple trains are combined into a mixed train, the driver of the first train is the overall commander of the mixed train.

k) When a freight train has two or more locomotives pulling it without a Train Conductor, the main locomotive driver performs the duties of a Train Conductor as prescribed in Clause 3 of Article 4 of this Circular.

4. Authorities:

a) Refusing to allow locomotives or trains to run if they are deemed not to meet necessary safety conditions and immediately reporting to the enterprise's head and station dispatcher for resolution.

b) Suspending the work of the train assistant if they violate national technical regulations on railway operation, operational procedures threatening train safety, and immediately informing the direct supervisor to arrange a replacement.

c) For freight trains without a Train Conductor, the train driver has additional authorities as prescribed in Clause 5 of Article 4 of this Circular.

Article 7. Standards, duties, and authorities of persons directly controlling railway transportation means serving production lines of enterprises

1. Standards: Persons directly controlling railway transportation means serving production lines of enterprises on dedicated railways within the internal premises of the enterprise, not passing through residential areas, not intersecting with road systems, and not connecting to national railways, urban railways, or other dedicated railways must meet the following standards:

a) Possessing a certificate or qualification in operating railway transportation means suitable for the type of means they are responsible for;

b) Meet health requirements as prescribed by the Minister of Health;

c) Completing a probationary period according to labor laws for this position and passing the examination requirements for operating railway transportation means organized by the enterprise employing such personnel;

2. Tasks:

a) Understanding and strictly implementing all regulations related to their scope of work according to the operational procedures for dedicated railway operation established by the enterprise;

b) Proficiently executing the operational procedures of persons directly controlling railway transportation means serving production lines of enterprises, methods of using railway transportation means, bridge and road conditions, signal positions, and operation schedules;

c) Operating railway transportation means safely without exceeding prescribed speeds, adhering to operation schedules and train command orders;

d) In case of railway traffic accidents, performing emergency stopping operations for railway transportation means;

đ) Before allowing railway transportation means to run, confirming that all safety conditions for train operation are met;

e) While controlling railway transportation means, having the responsibility to check the technical condition of the means and other issues related to the safety of the means and train operation, being alert to observe and strictly follow the instructions of signs, markers, and signals along the track, observing bridge and road conditions and signal indications, and checking the effectiveness of the automatic braking system;

3. Authorities: Refusing to allow railway transportation means to run if it is deemed that the means does not meet necessary safety conditions and immediately reporting to the enterprise's head for resolution;

Article 8. Standards, duties, and authorities of assistant train drivers

1. Standards:

a) Possessing a certificate or qualification in operating railway transportation means suitable for the type of means they are responsible for;

b) Meet health requirements as prescribed by the Minister of Health;

c) Completing a probationary period according to labor laws for the position of assistant train driver and passing the examination requirements for assistant train driving skills organized by the enterprise employing such personnel;

2. Tasks:

a) Assisting the train driver during train operation, monitoring train speed, and observing signals to promptly inform the train driver to handle situations;

b) During train operation, remaining alert to observe and report bridge and road conditions to the train driver to ensure compliance with the instructions of signs, markers, and signals along the railway;

c) Performing other tasks assigned by the train driver;

3. Authorities:

a) Informing the train driver to stop the train when discovering potential risks leading to unsafe train operation;

b) Having the right to practice train driving under the guidance and supervision of the train driver.

Article 9. Standards, duties, and authorities of train dispatchers for railway lines

1. Standards:

a) Hold a college degree or higher in railway operation management or railway transportation for train dispatchers on national railways and dedicated railways connected to national railways; hold a secondary vocational school degree or higher in railway operation management or railway transportation for train dispatchers on dedicated railways not connected to national railways;

b) Meet health requirements as prescribed by the Minister of Health;

c) Have at least one year of direct experience in the positions of station dispatcher and train duty officer.

2. Tasks:

a) Directly command train operations according to the train schedule on the assigned railway section;

b) Directly transmit orders from authorized superiors regarding train organization, rescue, and emergency response in case of train accidents or incidents.

3. Authorities:

a) Issue orders to block sections, speed warnings to relevant units, and temporarily halt train operations if there is a risk of train safety being compromised;

b) Suspend duties for the positions of station train dispatcher, train duty officer, locomotive driver, assistant driver, train conductor, and deputy train conductor responsible for safety within their jurisdiction when they violate national technical standards for railway operation, signaling, train procedures, and track work, and immediately inform the heads of related units and arrange replacements.

Article 10. Standards, duties, and authorities of station train dispatchers

1. Standards:

a) Hold a college degree or higher in railway operation management or railway transportation for station train dispatchers on national railways and dedicated railways connected to national railways; hold a secondary vocational school degree or higher in railway operation management or railway transportation for station train dispatchers on dedicated railways not connected to national railways;

b) Meet health requirements as prescribed by the Minister of Health;

c) Have at least one year of direct experience in the position of station train duty officer;

d) Meet the examination requirements for station train dispatcher duties organized by the enterprise employing such positions.

2. Duties: Directly establish and implement plans for train formation, cargo loading and unloading, passenger pick-up and drop-off, train reception and dispatching, and related tasks at the station according to the train schedule, orders from the train dispatcher for the railway line, national technical standards for railway operation, signaling, train procedures, and track work.

3. Authorities:

a) Temporarily suspend train operations in the station area if there is a risk of train safety being compromised and immediately inform the train dispatcher for the railway line;

b) Suspend duties for the positions of station train duty officer, shunting supervisor, signalman, and locomotive coupling staff when they violate national technical standards for railway operation, signaling, train procedures, and track work, and immediately inform the station master to arrange replacements;

c) Report and recommend that the enterprise using the positions of train conductor, deputy train conductor responsible for safety, locomotive driver, and assistant driver suspend their duties when they violate national technical standards for railway operation, signaling, train procedures, and track work, and procedures threatening train safety.

Article 11. Standards, duties, and authorities of the train operation duty officer at the station

1. Standards:

a) Hold a certificate or qualification in train operation management or railway transportation;

b) Meet health requirements as prescribed by the Minister of Health;

c) Have time directly performing the duties of all three positions of shunting chief, signalman, locomotive coupling and car coupling, with each position having at least two months of work experience;

d) Meet the examination requirements for train operation duty officer skills organized by the enterprise using the train operation duty officer position.

2. Duties:

a) Direct the formation of trains, loading and unloading of goods, welcoming and seeing off passengers, organizing shunting, welcoming, and seeing off trains, and other related tasks at the station according to the train schedule, train command orders;, in accordance with national technical standards on railway operation, railway signals, train operation procedures, and shunting operations;

b) Check necessary safety conditions in compliance with national technical standards and other issues related to safety for people, means of transport, equipment, and goods during the performance of duties.

3. Authorities:

a) Refuse to organize train operation if deemed insufficient safety conditions and have the responsibility to immediately report to the train dispatcher at the station and the train dispatcher along the route;

b) Suspend the duties of shunting chiefs, signalmen, locomotive coupling and car coupling personnel when they violate national technical standards on railway operation, railway signals, train operation procedures, and shunting operations, operational procedures threatening train safety, and immediately inform the station master to arrange replacements (for stations without a train operation duty officer position);

c) Report and propose that the enterprise using the positions of train chief, deputy train chief, passenger train driver, assistant driver, level crossing guard, common bridge guard, and railway tunnel guard suspend the duties of personnel who violate national technical standards on railway operation, railway signals, train operation procedures, and shunting operations, operational procedures threatening train safety when they come on duty.

Article 12. Standards, duties, and authorities of the shunting chief

1. Standards:

a) Hold a certificate or qualification in train operation management or railway transportation;

b) Meet health requirements as prescribed by the Minister of Health;

c) Have time directly performing the duties of both positions of signalman and locomotive coupling and car coupling, with each position having at least two months of work experience at the station;

d) Meet the examination requirements for shunting chief skills organized by the enterprise using the shunting chief position.

2. Tasks:

a) Be under the command and direction of the train operation duty officer at the station to organize and implement shunting and locomotive coupling and car coupling operations serving train organization, cargo handling, and passenger transportation at the station according to train command orders, national technical standards on railway operation, railway signals, train operation procedures, shunting operations, and station technical management rules;

b) Check necessary safety conditions in compliance with national technical standards and other issues related to train safety during the performance of assigned duties.

3. Authorities:

a) Temporarily halt shunting operations if deemed insufficient safety conditions and immediately report to the train operation duty officer at the station;

b) Report and propose that the train dispatcher at the station or the train operation duty officer at the station (for stations without a train dispatcher position) suspend the duties of locomotive coupling and car coupling personnel when they violate national technical standards on railway operation, railway signals, train operation procedures, shunting operations, and station technical management rules, threatening train safety when they come on duty.

Article 13. Standards, duties, and authorities of station guards

1. Standards:

a) Hold a certificate or diploma in railway operation management, rail transport, station guarding, locomotive coupling, and car coupling.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have undergone a probation period as prescribed by labor laws for the position of station guard and passed the examination on station guarding business organized by the enterprise employing such position.

2. Tasks:

a) Shall be under the direct command and control of the train dispatching duty officer at the station to manage, supervise, inspect, and utilize station records for organizing train operations according to the train schedule, train dispatching commands, national technical regulations on railway exploitation, railway signals, train operation procedures, and railway track consolidation work, as well as station technical management rules.

b) Check necessary safety conditions in compliance with national technical standards and other issues related to train safety during the performance of assigned duties.

3. Authorities: Signal the train to stop if it is deemed unsafe and immediately report to the train dispatching duty officer at the station.

Article 14. Standards, duties, and authorities of locomotive and car couplers

1. Standards:

a) Hold a certificate or diploma in railway operation management, rail transport, station guarding, locomotive coupling, and car coupling.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have undergone a probation period as prescribed by labor laws for the position of locomotive and car coupler and passed the examination on locomotive and car coupling business organized by the enterprise employing such position.

2. Tasks:

a) Shall be under the direct command and control of the consolidation team leader to perform consolidation and locomotive and car coupling work according to national technical regulations on railway exploitation, railway signals, train operation procedures, and railway track consolidation work, as well as station technical management rules.

b) Check necessary safety conditions in compliance with national technical standards and other issues related to train safety during the performance of assigned duties.

3. Authorities: Temporarily halt the consolidation plan if it is deemed unsafe and immediately report to the consolidation team leader.

Article 15. Standards, duties, and authorities of railway line, bridge, and tunnel patrolmen

1. Standards:

a) Be a maintenance worker with at least three years of experience in repairing railways, railway bridges, and railway tunnels, holding a certificate or diploma in railway tracks, railway bridges, railway tunnels, railway line patrolling, bridge patrolling, and tunnel patrolling.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have undergone a probation period as prescribed by labor laws for the positions of railway line, bridge, and tunnel patrolman and passed the examination on railway line, bridge, and tunnel patrolling business organized by the enterprise employing such positions.

2. Tasks:

a) Inspect and monitor, promptly detect any damages or obstructions, ensure safety in train operation within the assigned territory, record all observations fully in the patrol logbook, and report to superiors as required.

b) Promptly repair minor damages or obstructions, participate in bridge, road, and tunnel maintenance as assigned.

c) Immediately take protective measures and quickly signal or report the stoppage of trains when discovering any damages or obstructions that pose a risk to traffic safety.

d) Participate in protecting railway infrastructure and rail traffic equipment within the assigned territory.

3. Authorities: Implement measures to signal the stoppage of trains if it is deemed unsafe for train operation and immediately report to the train dispatching duty officer at the nearest station and immediate superiors.

Article 16. Standards, duties, and authorities of level crossing and common bridge guards

1. Standards:

a) Hold a certificate or diploma in railway tracks, railway bridges, level crossing guarding, common bridge guarding, and tunnel guarding.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have undergone a probation period as prescribed by labor laws for the positions of level crossing, common bridge, and tunnel guards and passed the examination on level crossing, common bridge, and tunnel guarding business organized by the enterprise employing such positions.

2. Tasks:

a) Timely close and open level crossing barriers and common bridge barriers to ensure safety for people and vehicles participating in road traffic when rail traffic passes through.

b) Inspect and maintain level crossing barriers and common bridge barriers in accordance with national technical regulations on railway exploitation.

c) When detecting any actions or incidents that may obstruct or endanger rail traffic safety, promptly report to the nearest station and immediate superiors to take appropriate measures.

d) Fully record level crossing and common bridge logs.

e) Perform other tasks as prescribed by laws on level crossings and common bridges.

3. Authorities:

a) Have the authority to signal the stoppage of trains in emergency situations directly threatening train safety.

b) Stop road traffic vehicles when the level crossing or common bridge area does not ensure safety for vehicle passage.

Article 17. Standards, duties, and authorities of railway tunnel guards

1. Standards: Must meet the standards prescribed in Clause 1, Article 16 of this Circular.

2. Tasks:

a) Preventing unauthorized persons and animals from entering the railway tunnel area;

b) Inspecting and protecting the railway infrastructure within the railway tunnel to ensure safety;

c) When detecting any actions or incidents that may obstruct or endanger rail traffic safety, promptly report to the nearest station and immediate superiors to take appropriate measures.

d) Recording all entries in the railway tunnel guard logbook;

đ) Performing other tasks as stipulated in the procedures for maintaining railway infrastructure;

3. Authorities: Authorized to signal trains to stop in emergency situations directly threatening train safety.

Article 18. Assumption of positions for railway employees directly serving train operations on national railways and dedicated railways

1. Railway employees directly serving train operations are permitted to perform the duties of other positions as assigned by the employer according to the following provisions:

a) The train dispatch position can perform the duties of the train station dispatcher, train station duty officer, train conductor, deputy train conductor responsible for safety, train formation supervisor, ticket collector, locomotive coupling, and car coupling positions;

b) The train station dispatcher position can perform the duties of the train station duty officer, train conductor, deputy train conductor responsible for safety, train formation supervisor, ticket collector, locomotive coupling, and car coupling positions;

c) The train station duty officer position can perform the duties of the train conductor, deputy train conductor responsible for safety, train formation supervisor, ticket collector, locomotive coupling, and car coupling positions;

d) The train conductor position can perform the duties of the deputy train conductor responsible for safety, train station duty officer, train formation supervisor, ticket collector, locomotive coupling, and car coupling positions;

đ) The deputy train conductor responsible for safety position can perform the duties of the freight train conductor, train station duty officer, train formation supervisor, ticket collector, locomotive coupling, and car coupling positions;

e) The train formation supervisor position can perform the duties of the ticket collector, locomotive coupling, and car coupling positions;

g) The train driver position can perform the duties of the assistant train driver position;

h) The ticket collector, locomotive coupling, and car coupling positions can perform each other's duties;

i) The track patrol, bridge patrol, and tunnel patrol positions can perform each other's duties;

k) The shared bridge guard, level crossing guard, and tunnel guard positions can perform each other's duties.

2. Depending on operational technology and workload, enterprises using railway employees directly serving train operations as specified in Article 3 of this Circular shall independently arrange the number of such railway employees to ensure train safety.

3. In cases where railway employees directly serving train operations do not undertake work for more than six consecutive months, if they wish to continue undertaking work, they must pass a job skills test and meet the requirements set by the enterprise using that position, and be organized accordingly.

Section 2

STANDARDS, DUTIES, AND AUTHORITIES FOR POSITIONS OF RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS ON URBAN RAILWAYS

Article 19. Positions of railway employees directly serving train operations on urban railways

Railway employees directly serving train operations on urban railways include the following positions:

1. Train dispatcher.

2. Train driver.

3. Train operation staff at stations.

4. On-board safety support staff.

Article 20. Standards, duties, and authorities of train dispatching staff

1. Standards:

a) Hold a college degree or higher in railway operation, transportation, or urban rail development.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have at least one year of direct experience in one of the three positions: train driver, station train service staff, or on-board safety support staff.

d) Pass the examination on train dispatching operations conducted by the urban rail business enterprise.

2. Tasks:

a) Directly command trains to run according to the timetable on the assigned route.

b) Directly transmit orders to organize the rescue, relief, and assistance of trains when there is an accident or incident.

3. Authorities:

a) Issue orders to block sections, speed warnings to relevant units, and temporarily halt train operations if there is a risk of train safety being compromised;

b) Suspend the duty of train drivers, station train service staff, or on-board safety support staff who violate national technical standards for urban rail operation and maintenance, operational procedures threatening train safety, and immediately report to the immediate supervisor to arrange replacements.

Article 21. Standards, duties, and authorities of train drivers

1. Standards:

a) Hold a valid train driving license issued by the competent authority as prescribed by law.

b) Meet the health requirements stipulated by the Minister of Health.

2. Duties: Directly control the safe operation of trains at the prescribed speed, according to the timetable, execute the train dispatching staff's commands, operational procedures, participate in resolving incidents and accidents on the urban rail line.

3. Authorities: Refuse to allow trains to run if deemed insufficiently safe and immediately report this to the train dispatching staff.

Article 22. Standards, duties, and authorities of station train service staff

1. Standards:

a) Hold a professional certificate in transportation or urban rail development.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have completed the probationary period as required by labor laws for the position of station train service staff and passed the examination on station train service operations conducted by the urban rail business enterprise.

2. Duties: Responsible for executing the train dispatching staff's commands, directly participating in resolving and rectifying incidents and accidents at the station.

3. Authorities: Have the authority to signal trains to stop, refuse to allow trains to run if deemed insufficiently safe, and immediately report this to the train dispatching staff.

Article 23. Standards, duties, and authorities of on-board safety support staff

1. Standards:

a) Hold a professional certificate in transportation or urban rail development.

b) Meet health requirements as prescribed by the Minister of Health;

c) Have completed the probationary period as required by labor laws for the position of on-board safety support staff and passed the examination on on-board safety support operations conducted by the urban rail business enterprise.

2. Duties: Assist the train driver in checking, monitoring, ensuring passenger safety boarding and alighting from the train, informing the driver to operate safely, and cooperating with the driver to resolve incidents and accidents on the rail line.

3. Authorities: Have the authority to signal trains to stop, inform the driver not to allow trains to run if deemed insufficiently safe.

Article 24. Assumption of railway employee positions directly serving train operations on urban rail lines

1. Railway employees directly serving train operations are permitted to perform the duties of other positions as assigned by the employer according to the following provisions:

a) The position of train driver is permitted to perform the duties of the safety support staff position on the train;

b) The position of train dispatcher is permitted to perform the duties of other positions directly serving train operations that were previously held for at least one year.

2. Depending on operational technology, workload, enterprises using railway employee positions directly serving train operations as stipulated in Article 19 of this Circular shall proactively arrange the number of railway employee positions directly serving train operations to ensure safe train operations.

3. Train drivers must be trained and tested when changing train driving duties between different routes or types of urban rail trains. Urban rail transport businesses have the responsibility to implement training and testing for these train drivers.

4. In cases where railway employees directly serving train operations do not undertake work for more than six consecutive months, if they wish to continue undertaking work, they must pass a vocational test and meet the requirements set by the urban rail transport business.

Chapter III

CONTENT AND TRAINING PROGRAM FOR RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS

Article 25. Content and Training Program for Certificates and Degrees from Primary Level Upwards

The content and training program for certificates and degrees from primary level upwards shall be implemented in accordance with the provisions of the law on vocational education and higher education.

Article 26. Content and Training Program for Professional Certificates

1. The content and training program for professional certificates for the positions of signalman, locomotive coupling staff, track patrol staff, bridge and tunnel patrol staff, and level crossing guard staff shall be carried out in accordance with the provisions set forth in Appendix I attached to this Circular.

2. Based on the content and training program for professional certificates as stipulated in Clause 1 of this Article, the training institution shall determine the detailed training program in accordance with the regulations.

PART IV

ORGANIZATION OF TESTING, ISSUANCE, REISSUANCE, AND REVOCATION OF TRAIN DRIVER LICENSES

Article 27Train Driver License

1. Train driver licenses for national railways, dedicated railways, and train driver licenses for enterprise production lines (dedicated railways of enterprises) include the following types:

a) Diesel locomotive driving license (applicable to diesel-powered carriage driving);

b) Electric locomotive driving license (applicable to electric-powered carriage driving);

c) Steam locomotive driving license;

d) Special-purpose railway vehicle driving license.

2. Train driver licenses for urban rail lines include:

a) Train driver license for electric trains (including electric locomotives), diesel locomotives, and specialized equipment on urban rail lines;

b) Train driver license for electric trains, diesel locomotives, electric locomotives, and specialized equipment within urban rail depot areas;

c) Train driver license for electric trains (including electric locomotives), diesel locomotives, and specialized equipment on urban rail lines issued to foreign train drivers.

3. Train driver licenses have a validity period of ten years from the date of issuance. The format of the train driver license is specified in Appendix II attached to this Circular.

4. Usage of train driver licenses:

a) The holder of the license may only operate the type of railway transportation equipment and within the scope specified in the license and must carry the license while operating the train;

b) The holder of the train driver license as stipulated in points a, b, and c of Clause 1 of this Article is permitted to drive corresponding specialized railway equipment but must be trained and tested to meet the requirements for the corresponding specialized railway transportation equipment as prescribed and organized by the enterprise;

c) The holder of the train driver license as stipulated in Clause 1 of this Article is permitted to drive trains on dedicated enterprise railways;

d) The holder of the train driver license as stipulated in points a and c of Clause 2 of this Article is permitted to drive trains within the urban rail depot area;

đ) A train driver who does not hold the position according to the license for twelve months or more will lose the validity of the license; if they wish to resume the position, they must undergo testing and obtain a train driver license in accordance with the provisions of Article 35 of this Circular.

Article 28. Conditions for Examination and Issuance of Train Driving License

1. Examination conditions:

a) Being at least 23 years old for males and at least 23 years old for females, not exceeding 55 years old for males and 50 years old for females, and having sufficient health to drive railway transportation vehicles as prescribed by the Minister of Health;

b) Possessing a certificate or qualification appropriate to the type of railway transportation vehicle intended for examination;

c) For the position of train driver on national railways or dedicated railways, there must be at least 24 consecutive months of safe service as an assistant train driver.

2. Conditions for issuance of train driving license:

a) Having complete documentation as stipulated in Clause 2, Article 35 of this Circular;

b) Meeting the requirements for examination contents as prescribed in this Circular.

Article 29. Examination Board for Issuance of Train Driving License

1. The Examination Board for Issuance of Train Driving License (hereinafter referred to as the Examination Board) shall be established by the Director of the Vietnam Railway Administration.

2. The Examination Board shall consist of from five to seven members, including:

a) The Chairman of the Board is a leader of the Vietnam Railway Administration or a person authorized by the Director of the Vietnam Railway Administration;

b) The Vice-Chairman of the Board is a leader of the enterprise where the examinees participate in the examination period;

c) Other members of the Board shall be determined by the Director of the Vietnam Railway Administration.

3. Principles of Operation:

a) The Examination Board shall only conduct its work when the Chairman is present and at least 60% of the total number of Board members are present;

b) The conclusion of the Examination Board's assessment shall only take effect if at least 80% of the total number of present members agree;

c) The Examination Board shall dissolve itself upon completion of its tasks.

4. Duties and Powers of the Examination Board:

a) Directing and inspecting the preparation for the examination period;

b) Taking the lead in drafting and submitting to the Director of the Vietnam Railway Administration for approval the examination content before organizing the examination period;

c) Directing the examination in accordance with the regulations of the Ministry of Transport;

d) Publicizing, guiding the examination content, procedures, and other necessary regulations to the examiners;

đ) Arranging the examination schedule and organizing the examination;

e) Temporarily suspending the examination and reporting to the Director of the Vietnam Railway Administration when the conditions for organizing the examination period are not met;

g) Summarizing the examination results and preparing minutes, storing examination-related documents and materials at the Vietnam Railway Administration;

h) Deciding on handling and resolving cases of examination procedure violations reported by the Examination Team.

Article 30. Examination Team

1. The Examination Committee shall be established by the Director of the Vietnam Railway Administration and directly supervised by the Examination Council.

2. The Examination Team shall have at least five members, including a team leader, theoretical examiners, and practical examiners. The Examination Team Leader is a civil servant of the Vietnam Railway Administration or a leader of the enterprise where the examinees participate in the examination period, and the examiners are employees of the enterprise where the examinees participate in the examination period and employees of related training institutions.

3. Standards for Examiners:

a) Having good moral character and appropriate expertise;

b) Having completed a training course on examination procedures organized by the Vietnam Railway Administration and holding an examiner card;

c) Theoretical examiners must have a bachelor's degree or higher in a relevant field, with at least three years of work experience related to train driving;

d) Practical examiners must have a diploma in train driving or higher, with at least three years of direct experience in the role of train driver, specifically, urban rail train drivers must have at least one year of direct experience in the role of urban rail train driver.

4. The content of training for train driving examiners is specified in Appendix III issued together with this Circular.

5. Tasks and powers of the Examination Team:

a) Assisting the Examination Board in drafting examination content for submission to the Vietnam Railway Administration for approval;

b) Inspecting the standards and specifications of examination equipment and safety plans for the examination period;

c) Publicizing the examination content and procedures and checking compliance with examination rules;

d) Grading and summarizing the examination results to report to the Examination Board;

đ) Examiners are directly responsible for grading results. The Examination Team Leader is generally responsible for the examination results;

e) Preparing minutes and handling cases of examination rule violations within their authority, or reporting to the Chairman of the Examination Board for resolution if beyond their authority.

6. The Examination Team shall dissolve itself upon completion of its tasks.

Article 31. Organization of the examination period, examination venue, means and equipment for the examination

1. Examination organization

Based on the results of the review of the examination application file, the Director of the Vietnam Railway Administration shall issue a decision to organize the examination period for issuing locomotive driver licenses at enterprises with examination needs.

2. Examination venue

The examination venue is arranged by the enterprise. The examination venue must ensure conditions regarding human resources, infrastructure, railway transportation means, specialized equipment, and operational railway lines as stipulated in Clause 1 of Article 32 of this Circular.

3. Means used for practical examination must be in good technical condition and must meet traffic participation conditions as prescribed in Clause 1 of Article 30 of the Railway Law.

Article 32. Examination procedure

1. The examination procedure consists of four steps:

a) Step 1: Theoretical examination;

b) Step 2: Practical examination of machine inspection for national railway locomotive drivers and dedicated railway locomotive drivers; practical examination of pre-operation technical checks, handling incidents, and emergency situations for urban railway locomotive drivers;

c) Step 3: Practical examination of train driving;

d) Step 4: Re-examination of practical steps 2 or 3 for candidates who fail to meet requirements according to regulations;

Depending on actual circumstances regarding locomotives and trains, the Examination Board may swap the implementation sequence of Steps 2 and 3 as specified in this Clause.

2. Candidates who do not meet theoretical examination requirements will not be scheduled for practical examinations.

3. Candidates who do not meet requirements in both parts of practical examinations in Steps 2 and 3 will not be scheduled for re-examinations.

4. Candidates who do not meet requirements in one part of practical examinations in Step 2 or Step 3 will be scheduled for one re-examination of the unmet practical part.

5. Candidates who do not meet examination requirements will be scheduled for re-examination in the next examination period but will not have their previous examination results carried over.

Article 33. Suspension of Examination

The Chairman of the Examination Board issues a decision to suspend the examination for candidates participating in the examination in the following cases:

1. For theoretical examination:

a) Violating regulations and being recorded in the report for the second time;

b) Bringing unauthorized materials or items into the examination room.

2. For machine inspection practice:

a) Exceeding the prescribed time limit by more than 20 minutes;

b) Causing work accidents that require the Examination Team to stop the examination to address;

c) Damaging machine components to the extent requiring material compensation or replacement.

3. For train driving practice:

a) Committing offenses subject to administrative penalties under current regulations for locomotive drivers;

b) Starting the engine without a valid train operation permit or train departure signal from the station control officer or train conductor;

c) Changing direction before the train has fully stopped;

d) Applying brakes with excessive air pressure causing the train to skid;

đ) Stopping the train on a slope causing incidents or stopping beyond the collision avoidance point;

e) Failing to promptly detect and handle situations leading to engine failure or train stoppage;

g) Causing other dangerous situations that require urgent measures to prevent accidents.

4. During the examination, failing to comply with the examiner's instructions or engaging in disruptive behavior resulting in a record.

Article 34. Conditions for Recognition of Meeting Requirements of the Examination Period

A candidate shall be recognized as meeting the requirements of the examination period when they meet the requirements of both theoretical and practical examinations and do not commit any violations that would result in suspension of the examination as stipulated in Article 33 of this Circular.

Article 35. Examination Procedures and Issuance of Driving Licenses

1. Implementation procedures:

a) Enterprises or individuals wishing to take the examination for issuance of driving licenses shall submit one set of application documents directly or through postal services or other appropriate means to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and examine the application documents. Within two days from the date of receipt of the documents, the Vietnam Railway Administration shall notify enterprises or individuals in writing of the time and place of the examination if the documents are complete and valid according to regulations. If the documents are incomplete according to regulations, the organization or individual shall be instructed to complete them on the same working day (in case of direct submission) or be instructed to complete the documents within two working days from the date of receipt of the documents (in case of submission through postal services or other appropriate means). Within three working days from the date of examination results, the Vietnam Railway Administration shall issue driving licenses to those who have been recognized as meeting the requirements of the examination period.

2. Documents for Requesting Examination and Issuance of New Driving Licenses Include:

a) An application form for examination and issuance of new driving licenses according to the model prescribed in Appendix IV issued together with this Circular;

b) A request letter from the enterprise for examination and issuance of driving licenses according to the model prescribed in Appendix V issued together with this Circular;

c) A health certificate proving fitness to drive railway vehicles as prescribed by the Minister of Health;

d) A certified copy or a copy accompanied by the original for verification of a qualification certificate or a professional certificate for driving railway transportation vehicles corresponding to the type of vehicle being examined;

đ) Three color photographs measuring 3x4 cm taken within six months from the date of submission of the application documents.

3. Examination documents for issuance of driving licenses as prescribed in Clause 2 of this Article shall be stored at the Vietnam Railway Administration for a period of ten years. Destruction of documents beyond their retention period shall be carried out in accordance with current regulations.

Article 36. Procedures for Issuing Driving Licenses for Foreign Nationals on Urban Railways with Driving Licenses Issued by Competent Authorities of Foreign Countries

1. Implementation procedures

a) Enterprises operating urban railways that hire foreign nationals with driving licenses issued by competent authorities of foreign countries shall submit one set of application documents directly or through postal services or other appropriate means to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and examine the application documents. If the documents are incomplete according to regulations, the organization or individual shall be instructed to complete them on the same working day (in case of direct submission) or be instructed to complete the documents within two working days from the date of receipt of the documents (in case of submission through postal services or other appropriate means). In case the documents are complete, the driving license shall be issued within three working days from the date of receipt of the documents. In case of non-issuance, a written response stating the reasons shall be provided.

2. Documents for Requesting Issuance of Driving Licenses for Foreign Nationals on Urban Railways with Driving Licenses Issued by Competent Authorities of Foreign Countries Include:

a) An application form for issuance of driving licenses according to the model prescribed in Appendix VI issued together with this Circular;

b) A request letter from the enterprise operating urban railways that hires foreign nationals with driving licenses issued by competent authorities of foreign countries according to the model prescribed in Appendix VII issued together with this Circular;

c) A health certificate proving fitness to drive railway vehicles as prescribed by the Minister of Health;

d) A labor contract between the enterprise operating urban railways and the foreign driver;

đ) A certified copy of the driving license still in effect issued by the competent authority of the foreign country corresponding to the urban railway line being operated, translated and notarized in Vietnamese;

e) A file of the results of the assessment of the skills and professional knowledge of driving urban railways for each driver organized by the enterprise operating urban railways according to the contents prescribed in Section 5, Section 6 Chapter V of this Circular.

g) Three color photographs measuring 3x4 cm taken within six months from the date of submission of the application documents.

3. Issuance documents for driving licenses as prescribed in Clause 2 of this Article shall be stored at the Vietnam Railway Administration for a period of ten years. Destruction of documents beyond their retention period shall be carried out in accordance with current regulations.

Article 37. Procedure for Reissuing a Train Driving Permit

1. A train driving permit shall be reissued in the following cases:

a) Expiry of validity period;

b) Damage or loss.

"2. Implementation procedures:"

a) An individual who needs to reissue a train driving permit must submit one application directly or through the postal service or other appropriate means to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and examine the application. If the application is incomplete according to regulations, the organization or individual shall be guided to complete it on the same working day (in case of direct submission) or be guided to complete the application within two working days from the date of receipt (in case of submission through the postal service or other appropriate means). In case the application is complete, the train driving permit shall be reissued within three working days from the date of receipt of the application. If the permit is not reissued, a written response with the specific reasons shall be provided.

3. The application for reissuing a train driving permit includes:

a) An application form for reissuing a train driving permit, confirmed by the head of the direct management unit according to the model prescribed in Appendix VIII attached to this Circular;

b) A certificate of health fitness for train driving as stipulated by the Minister of Health;

c) Three color photographs measuring 3x4 cm taken within six months from the date of submitting the application.

4. The application for reissuing a train driving permit as prescribed in Clause 3 of this Article shall be stored at the Vietnam Railway Administration for ten years. The destruction of documents exceeding the storage period shall be carried out in accordance with current regulations.

Article 38. Revocation of Train Driving Permit

1. A train driving permit shall be revoked in the following cases:

a) Issued to a person who does not meet the conditions stipulated in Article 28 of this Circular;

b) Engaging in fraudulent activities in the process of preparing applications for issuance or reissuance as prescribed in Articles 35, 36, and 37 of this Circular.

2. The Vietnam Railway Administration shall be responsible for issuing the decision to revoke the train driving permit; the enterprise directly managing the train driver shall be responsible for revoking the train driving permit and sending it back to the Vietnam Railway Administration.

Article 39. Fees and Charges for Issuance and Reissuance of Train Driving Permit

Individuals participating in the examination for issuance of a train driving permit or requesting reissuance of a train driving permit must pay fees and charges as prescribed by law.

Chapter V

CONTENT OF THE EXAMINATION FOR ISSUANCE OF TRAIN DRIVING PERMIT

Section 1

THEORETICAL EXAMINATION

Article 40. Content of the theoretical examination for train drivers on national railways, dedicated railways, and railways exclusively used by enterprises

1. General knowledge section: Basic contents of the Railways Law and related implementing regulations, national technical standards on railway operation, signaling, train running procedures, track maintenance operations, locomotive crew operating procedures, commands, exceptions, train running instructions, and other current regulations relevant to train drivers.

2. Professional knowledge section: Basic contents about engines, braking systems, running parts, electrical systems, drive systems, and safety systems of rail transport vehicles.

Article 41. Content of the theoretical examination for train drivers on urban railways, within the urban railway vehicle inspection depot (depot)

1. General knowledge section related to urban railway systems, including:

a) Technical standards;

b) Operating rules;

c) Safety work;

d) Train driving theory;

e) Signals and routes;

f) The Railways Law and related implementing regulations concerning train drivers.

2. Professional knowledge section, including:

a) Structure and basic operating principles of urban railway locomotives, carriages, and trains;

b) Structure and basic operating principles of electrical systems, control systems, and safety systems serving urban railway train operations.

Article 42. Examination Forms

Theoretical examination shall be conducted in one of the following two forms:

1. Essay test.

2. Multiple-choice test.

Article 43. Essay Test

1. Time limit for answering questions: 150 minutes (excluding time for copying the questions).

2. Number of questions:

a) General knowledge section: 4 questions;

b) Specialized knowledge section: 2 questions.

3. Marking scale: The maximum score is 10 points and is defined as follows:

a) Each question in the general knowledge section is worth up to 1.5 points;

b) Each question in the specialized knowledge section is worth up to 2 points.

Article 44. Multiple-Choice Test

1. Time limit for answering questions: 60 minutes.

2. Number of questions:

a) General knowledge section: 30 questions;

b) Specialized knowledge section: 15 questions.

3. Marking scale: The maximum score is 45 points, with each correct answer earning 1 point.

Article 45. Conditions for Recognition of Achievement

Candidates will be recognized as having met the requirements when they satisfy the following conditions:

1. For essay tests

a) The total score of the test must reach at least 6 points after deducting any penalty points during the examination (if applicable);

b) No answer may have a score less than half of the points stipulated in Clause 3 of Article 43 of this Circular.

2. For multiple-choice tests

a) The total score of the test must reach at least 40 points after deducting any penalty points during the examination (if applicable);

b) The general knowledge section must achieve at least 27 points;

c) The specialized knowledge section must achieve at least 13 points.

Article 46. Deduction of Points for Violations During Examination

Candidates who violate the examination rules will be recorded in a report and penalized as follows:

1. A deduction of 25% of the total score of the test if it is an essay test.

2. A deduction of 10% of the total score of the test if it is a multiple-choice test.

Section 2

PRACTICAL EXAMINATION FOR MACHINE INSPECTION ON NATIONAL RAILWAYS, SPECIALIZED RAILWAYS, AND ENTERPRISE-SPECIFIC RAILWAYS RAILS AND RAILWAY EQUIPMENT SPECIFIC TO ENTERPRISES

Article 47. Content of Practical Examination

1. Content of practical machine inspection:

a) Conduct a comprehensive inspection of all parts and components of the equipment within the specified time, procedures, sequence, and posture ensuring labor safety without damaging any part or component of the equipment;

b) Identify technical faults ("pan") created by the Examination Team (setting "pan") in various parts of the equipment including: 3 "pan" in the running part, engine (or braking system), electrical system in cold state (before starting) and 2 "pan" in the braking system (or engine), electrical system in hot state (after starting).

2. Duration of practical examination: Within 90 minutes, candidates must perform the contents prescribed in Clause 1 of this Article.

Article 48Practical Inspection Marks

1. The maximum mark for practical machine inspection is 100 points and is defined as follows:

a) Ensuring the correct time and technique for inspection: Up to 50 points;

b) Each "pan" identified and handled correctly: Up to 10 points.

2. Deduction of marks for violations

a) Exceeding the specified time by more than 20 minutes: Deduct 2 points for each minute exceeded;

b) Not completing the required inspection procedures: Deduct 5 points;

c) Causing minor workplace accidents: Deduct 5 points;

d) Inspecting out of sequence or in incorrect posture: Deduct 1 point for each violation;

đ) Missing inspection of any detail or component: Deduct 1 point for each missed detail or component;

e) Damaging details that do not require replacement: Deduct 5.0 points for each damaged detail.

Article 49. Conditions for Recognition of Achievement

Candidates will be recognized as having met the requirements when they achieve at least 60 points, including:

1. Identifying and handling correctly at least 3 "pan", including at least 1 "pan" in hot state;

2. Not violating any examination suspension offenses as stipulated in Clause 2 of Article 33 of this Circular.

Article 50. Examination Result Evaluation Form

The results of the practical machine inspection examination are reflected on the Practical Machine Inspection Examination Result Evaluation Form according to the model attached as Appendix IX to this Circular.

Section 3

PRACTICAL EXAMINATION FOR TRAIN DRIVING ON NATIONAL RAILWAYS AND SPECIALIZED RAILWAYS

Article 51. Examination Means and Distance

1. The examination means must meet the requirements stipulated in Clause 3, Article 31 of this Circular and the following requirements:

a) For locomotives and powered cars: They must pull passenger trains or freight trains;

b) For specialized railway motive power vehicles: If there are carriages or trailers, they must pull them along.

2. Examination Distance

Candidates must drive trains for at least three consecutive sections according to the time specified in the train schedule, at the prescribed speed in the current speed command and warning regulations, with the first section being the test run section and the subsequent two sections used to evaluate the practical driving skills.

Article 52. Content of Examination

1. Preparation work: Candidates must check the completeness of the prescribed tools and necessary train operation seals.

2. Reporting and responding system: Candidates must fully implement the reporting and responding system as prescribed.

3. Train stopping skills: Candidates must stop the train twice. The stopping position is determined by comparing the centerline of the driver's seat, perpendicular to the centerline of the railway track, with the standard mark specified in the examination question. The allowable deviation from the standard mark is as follows:

a) For specialized railway motive power vehicles: Not more than 3 meters ahead or 1 meter beyond the standard mark;

b) For passenger trains: Not more than 6 meters ahead or 2 meters beyond the standard mark;

c) For freight trains: Not more than 8 meters ahead or 4 meters beyond the standard mark.

4. Train driving skills: Candidates must fully comply with the technical requirements stipulated, driving the train according to the time specified in the train schedule, at the prescribed speed in the current speed command and warning regulations.

5. Train braking skills: Candidates must fully comply with the technical requirements stipulated.

Article 53. Practical Points

The maximum practical points for train driving is 100 points, defined as follows:

1. Preparation work: Maximum 10 points.

2. Reporting and responding system: Maximum 20 points.

3. Train stopping skills: Maximum 20 points.

4. Train driving skills: Maximum 30 points, including:

a) Time spent driving through each section: Maximum 10 points. In cases where there is a slow-speed position within the section, the examiner must inform the candidate and add the technical time of that slow-speed position;

b) Compliance with all technical requirements stipulated: Maximum 20 points.

5. Train braking skills: Maximum 20 points.

Article 54. Deduction of Points for Violations

Candidates will be deducted points in the following cases:

1. Preparation work: After checking, if any tool or train operation seal is missing, deduct 1 point for each type missing.

2. Reporting and responding: Each incorrect or missing report or response deducts 3 points.

3. Train stopping skills: Each meter stopped ahead of the allowed range deducts 1 point, each meter stopped beyond the allowed range deducts 3 points.

4. Train driving skills:

a) For each minute the train driving time on each section deviates from the time specified in the train schedule: Deduct 3 points for each minute of deviation;

b) Violation of the technical requirements for train driving skills: Deduct 2 points for each violation.

5. Train braking skills: Deduct 2 points for each violation.

Article 55. Conditions for Recognition of Achievement

Candidates will be recognized as achieving the required standards when they score at least 60 points, provided that:

1. No content is deducted more than half of the points stipulated in Article 53 of this Circular.

2. There are no violations leading to suspension of the examination as stipulated in Clause 3, Article 33 of this Circular.

Article 56. Evaluation Form for Practical Driving Examination Results

The results of the practical driving examination are recorded on the Evaluation Form for Practical Driving Examination Results according to the model attached as Appendix X to this Circular.

Section 4

PRACTICAL TRAIN DRIVING EXAMINATION ON SEPARATE RAILWAY LINES OF ENTERPRISES WITHIN THE SCOPE OF URBAN RAILWAY DEPOTS (DEPOT)

Article 57. Examination Vehicles and Routes

1. Examination vehicles must meet the requirements stipulated in Clause 3 of Article 31 of this Circular.

2. The train driver candidate must perform at least five consecutive stops according to the current speed commands and warnings to assess the practical driving skills, in accordance with the prescribed speed in the national technical standards for urban rail operation and maintenance.

Article 58. Examination Content

1. Preparation work: Candidates must check the completeness of the prescribed tools and necessary train operation seals.

2. Reporting and responding system: Candidates must fully implement the reporting and responding system as prescribed.

3. Train stopping skills: During the stopping process, apart from stopping the train to couple carriages, the candidate must stop the train at least three times upon the examination team's request. The stopping position is determined by comparing the centerline of the driver's seat, perpendicular to the track centerline, with the standard reference point specified in the examination question. The stopping position may deviate within the allowed range, not exceeding two meters before the standard reference point or one meter beyond it.

4. Train driving skills: The candidate must fully comply with the technical requirements as prescribed, driving the train (consist) at the prescribed speed in the national technical standards for railway operation, in accordance with the current speed commands and warnings.

5. Train braking skills: Candidates must fully comply with the technical requirements stipulated.

Article 59. Practical Driving Points

The maximum practical points for train driving is 100 points, defined as follows:

1. Preparation work: Maximum 10 points.

2. Reporting and responding system: Maximum 20 points.

3. Train stopping skills: Maximum 20 points.

4. Train driving skills: Maximum 30 points, including:

a) Running at the prescribed coupling speed: Maximum 10 points;

b) Compliance with all technical requirements stipulated: Maximum 20 points.

5. Train braking skills: Maximum 20 points.

Article 60. Deduction of Points for Violations

Candidates will be deducted points in the following cases:

1. Preparation work: After inspection, if any tools, start-up devices for trains are still missing, deduct one point for each type missing;

2. Reporting and responding: Each incorrect or missing report or response deducts 3 points.

3. Train stopping skills: Each meter stopped ahead of the allowed range deducts 1 point, each meter stopped beyond the allowed range deducts 3 points.

4. Train driving skills:

a) Violation of the prescribed coupling speed: For every 1 km/h over the permitted speed, deduct 2 points;

b) Violation of the technical requirements for train driving skills: Deduct 2 points for each violation.

5. Train braking skills: Deduct 2 points for each violation.

Article 61. Conditions for Meeting Requirements

1. A candidate will be recognized as meeting the requirements when achieving a minimum of 60 points, without any content being deducted more than half of the points specified in Article 59 of this Circular.

2. There are no violations leading to suspension of the examination as stipulated in Clause 3, Article 33 of this Circular.

Article 62. Examination Result Evaluation Form

The results of the practical driving examination are recorded on the Examination Result Evaluation Form for Practical Driving according to the model prescribed in Appendix XI attached to this Circular.

Section 5

PRACTICAL TRAIN DRIVING EXAMINATION ON URBAN RAILWAY

Article 63. Examination Vehicles and Routes

1. Examination vehicles: Examination vehicles must meet the requirements stipulated in Clause 3 of Article 31 of this Circular and the following requirements:

a) For electric trains and diesel locomotives: They must pull urban rail passenger trains.

b) For specialized railway motive power vehicles: If there are carriages or trailers, they must pull them along.

2. Examination route:

a) The train driver candidate must run the train through at least 11 continuous sections according to the prescribed time in the timetable, at the prescribed speed in the current speed commands and warnings, where the first section is the test run section, and subsequent sections are used to evaluate the practical driving skills.

b) For routes equipped with automatic train control systems, the automatic train control system should be set to the "on" position in the first section; in the remaining sections, the automatic train control system should be set to the "off" position.

Article 64. Examination Content

1. Preparation work, reporting, responding to signals, and confirming signals: Candidates must check the completeness of necessary tools and documents, report, respond to, and confirm signals as prescribed.

2. Skill in estimating distance visually: Conduct visual distance estimation at medium distances (from 100 to 300 meters) and long distances (from 301 to 600 meters), once each. This content is carried out on the test track at the depot.

3. Train stopping skills: Candidates must stop the train ten times. The stopping position is determined by the standard stopping reference point specified in the examination question. The stopping position may deviate within the allowed range as follows:

a) For stations without platform gates, the deviation is ± 1.0 meters;

b) For stations with platform gates, the deviation is ± 0.5 meters.

4. Train driving skills: Candidates must fully comply with the technical requirements as prescribed, driving the train according to the prescribed time in the timetable, at the prescribed speed, and in accordance with current warnings.

5. Skill in controlling the automatic braking system: Candidates must fully comply with the technical requirements as prescribed, stopping the train smoothly.

Article 65. Practical Points

The practical driving points for each content specified in Clauses 1, 2, 3, 4, and 5 of Article 64 of this Circular shall be a maximum of 100 points.

Article 66. Deduction of Points for Violations

Candidates will be deducted points in the following cases:

1. Preparation work, reporting, calling out responses, and confirming signals:

a) Preparation work: After inspection, if necessary tools or required documents are still missing to serve train operation, deduct 01 point for each type of deficiency;

b) Reporting, calling out responses, and confirming signals: For each failure to comply with the prescribed rules on calling out responses in the urban rail transit train operation regulations, deduct 05 points. In case of failure to confirm signals, terminate the examination.

2. Skill in estimating distance by sight: If the difference between the estimated distance by sight and the actual distance is less than or equal to 10 meters, no points will be deducted. For medium distances, deduct 05 points for every 10 meters exceeding the allowable error. For long distances, deduct 03 points for every 10 meters exceeding the allowable error.

3. Skill in stopping the train:

a) Stopping within the permissible range as stipulated in Clause 3 of Article 64 of this Circular does not result in point deduction;

b) Stopping before the standard stopping mark outside the permissible range, deduct 03 points for every 0.5 meters;

c) Stopping beyond the standard stopping mark outside the permissible range, deduct 05 points for every 0.5 meters;

d) Stopping beyond the stop sign or signal, terminate the examination.

4. Train driving skills:

a) Time of train operation: The train arrives at the station earlier or later than the schedule in the train operation diagram by no more than 10 seconds. For each second exceeding the specified time, deduct 0.5 points; for delays or early arrivals from the second minute onwards, terminate the examination;

b) Skill in using the throttle: For each instance of incorrect start-up of the train or violation of operating procedures, deduct 01 point;

c) Skill in controlling speed: Covering the speedometer in the driver's cabin and using a speed measuring device as the standard to check the driver's observation and judgment skills of speed, no points will be deducted for errors within ± 5 km/h. If the error exceeds the specified limit, deduct 03 points for each km/h. Conduct two hypothetical deceleration positions and measure the actual speed of the train passing through them. If the speed is lower than the specified speed by less than 3.1 km/h, no points will be deducted; if it is lower by 3.1 km/h or more, deduct 03 points for each km/h; if it exceeds the specified speed, deduct 05 points for each km/h. If the speed exceeds the line speed limit, terminate the examination.

5. Skill in controlling automatic braking equipment:

a) When entering the station, use the automatic braking equipment to stop the train smoothly, measured by a vibration meter. If the train stops at level 2, no points will be deducted; at level 3, deduct 03 points; at levels 4 and 5, deduct 07 points; above level 5, deduct 15 points;

b) For each instance of improper use of the automatic braking equipment, deduct 03 points. If the automatic braking equipment is used at the emergency level without cause, terminate the examination.

Article 67. Conditions for Recognition of Requirements Met

1. A candidate is recognized as meeting the requirements when achieving a minimum of 60 points for each content specified in Article 64 of this Circular.

2. There are no violations leading to suspension of the examination as stipulated in Clause 3, Article 33 of this Circular.

Article 68. Examination Result Evaluation Form

The results of the practical skill examination for train driving are recorded on the Examination Result Evaluation Form for Practical Driving Skills according to the model attached as Appendix XII to this Circular.

Section 6

PRACTICAL EXAMINATION FOR TECHNICAL INSPECTION BEFORE OPERATING, HANDLING INCIDENTS AND EMERGENCY SITUATIONS FOR TRAIN DRIVERS ON URBAN RAILWAYS, WITHIN THE URBAN RAILWAY TRAIN WORKSHOP (DEPOT) SCOPE

Article 69. Content of Examination

1. The examination team creates technical malfunctions ("pan") in parts of the vehicle according to the examination content, including:

a) Creating 03 "pan" in the running part, automatic braking equipment, electrical system, train protection device, automatic train stopping device in cold state (before starting);

b) Creating 02 "pan" in the running part, automatic braking equipment, electrical system, train protection device, automatic train stopping device in hot state (after starting).

2. During the examination time specified in the examination, the examinee must perform inspection, detection, and handling of the "pan" according to the required content.

3. The examination team selects 01 hypothetical emergency situation during the train operation, requiring the examinee to implement emergency situation handling measures as prescribed.

Article 70. Practical Points

Practical points for technical inspection before operation, handling of "pan", and emergency situations are a maximum of 100 points and are defined as follows:

1. Ensuring correct time and procedure for inspection: Maximum 25 points.

2. Each "pan" detected and handled correctly: Maximum 10 points.

3. Handling emergency situations: Maximum 25 points.

4. Time for technical inspection before operation, handling incidents, and emergency situations is based on each type of train and route managed and operated by the enterprise, specifically defined.

Article 71. Deduction of Points for Violations

Examinees will be deducted points in the following cases:

1. Exceeding the specified time by more than 10 minutes: Deduct 01 point for each minute; if exceeding 10 minutes, stop the examination.

2. Not performing the work process according to the prescribed procedures: Deduct 03 points.

3. Causing a labor accident not reaching the level where the Examination Board must stop the examination to resolve: Deduct 03 points.

4. Inspecting out of sequence or incorrect posture: Deduct 01 point for each violation.

5. Missing details or parts in inspection: Deduct 01 point for each missing detail or part.

6. Damaging details without needing replacement: Deduct 03 points for each damaged detail.

7. Proposing incorrect handling measures or communication content when dealing with emergency situations: Deduct 03 points for each instance.

Article 72. Conditions for Meeting Requirements

Candidates will be recognized as having met the requirements when they satisfy the following conditions:

1. Achieving at least 60 points.

2. Detecting and handling correctly at least 03 "pan", including at least 01 "pan" in hot state.

Article 73. Examination Result Evaluation Form

The results of practical examinations for technical inspection before operation, handling incidents, and emergency situations are reflected on the Examination Result Evaluation Form for Technical Inspection Before Operation, Incident Handling, and Emergency Situations according to the model attached as Appendix XIII of this Circular.

Chapter VI

APPLICATION OF INFORMATION TECHNOLOGY IN LICENSE MANAGEMENT FOR TRAIN DRIVING ON RAILWAYS

Article 74. Database Management

1. Driving licenses must be compiled, statistically analyzed, and publicly announced on the electronic information website of the Vietnam Railway Administration so that related units can access the information.

2. The Vietnam Railway Administration plans to develop software for managing the issuance and reissuance of driving licenses for railways.

Article 75. Data Retrieval

1. Any organization or individual with a need has the right to view and retrieve information about the issuance and reissuance of driving licenses for railways updated and published by the Vietnam Railway Administration on its electronic information website.

2. During data retrieval, it is strictly prohibited to manipulate the information or data already updated in the management software.

Chapter VII

REPORTING REGIME AND RESPONSIBILITY FOR IMPLEMENTATION

Article 76. Reporting System

1. Railway enterprises using railway staff positions directly serving train operations shall be responsible for reporting to the Vietnam Railway Administration the following contents:

a) Report on the situation of using railway staff directly serving train operations;

b) The situation of changes in railway staff directly serving train operations;

c) Plans and needs for new and renewed driving license examinations for the next year to compile and build the overall plan of the Vietnam Railway Administration.

2. Reporting time: Regularly before December 20th each year or at any time upon request.

Article 77. Responsibilities of the Vietnam Railway Administration

1. To develop plans and training needs for examination officers. To establish plans and organize examinations based on the principle of maximum convenience for registered enterprises.

2. To take the lead and coordinate with railway operating enterprises to develop and approve examination contents suitable for each type of railway transportation equipment.

Article 78. Responsibilities of railway operating enterprises

1. To organize health checks for railway staff directly serving train operations within the scope of management of the enterprise in accordance with the provisions of the law.

2. Annually, to organize training and upgrading of the qualifications of railway staff directly serving train operations.

3. To develop content and organize regular annual inspections and examinations for railway staff directly serving train operations at least twice a year (one theoretical session, one practical session).

4. To organize inspections and examinations for railway staff directly serving train operations before assigning them to positions. Not to assign positions to railway staff directly serving train operations who do not meet health standards or fail the regular annual inspection and examination requirements.

5. To provide training and organize inspections for train drivers before changing types of railway transportation equipment as stipulated in Point b Clause 4 Article 27 of this Circular; before changing railway routes or types of trains controlled for urban railways and only allow conversion for those drivers who meet the requirements.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 79. Effective Date

1. This Circular takes effect from July 1, 2018. The following regulations are abolished:

a) Decision No. 37/2006/QD-BGTVT dated November 1, 2006 of the Minister of Transport on the content and procedures for examining and issuing train driving licenses on railways;

b) Decision No. 32/2008/QD-BGTVT dated December 26, 2008 of the Minister of Transport promulgating the Training Program for railway staff positions directly serving train operations;

c) Circular No. 38/2010/TT-BGTVT dated December 17, 2010 of the Minister of Transport on the standards for railway staff positions directly serving train operations, conditions for training institutions, and the content and program for training railway staff directly serving train operations;

d) Circular No. 05/2015/TT-BGTVT dated March 30, 2015 of the Minister of Transport on the standards for railway staff positions directly serving urban railway train operations;

đ) Circular No. 31/2015/TT-BGTVT dated July 17, 2015 of the Minister of Transport on the content and procedures for examining and issuing train driving licenses on urban railways;

e) Circular No. 76/2015/TT-BGTVT dated December 1, 2015 of the Minister of Transport on the management of examinations, issuance, renewal, and revocation of train driving licenses on railways;

g) Circular No. 45/2016/TT-BGTVT dated December 28, 2016 of the Minister of Transport supplementing and amending Circular No. 76/2015/TT-BGTVT dated December 1, 2015 of the Minister of Transport on the management of examinations, issuance, renewal, and revocation of train driving licenses on railways and Circular No. 38/2010/TT-BGTVT dated December 17, 2010 of the Minister of Transport on the standards for railway staff positions directly serving train operations, conditions for training institutions, and the content and program for training railway staff directly serving train operations.

2. For railway staff positions directly serving train operations on newly operational urban railway lines with technology used for the first time in Vietnam, the standards applicable to such technology will be applied through the training and technology transfer process.

3. Railway staff positions directly serving train operations that have been recognized and assigned work before July 1, 2018 continue to hold their positions and perform tasks and powers as prescribed in this Circular.

Article 80Implementation Organization

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