Circular No. 38/2010/TT-BGTVT stipulates standards for positions of railway employees directly serving train operations, conditions for training institutions, and the content and curriculum of training programs for such employees.

CIRCULAR

||| Regulations on Standards for Positions of Railway Employees Directly Serving Train Operations

||| Conditions for Training Institutions and Content, Training Programs for Railway Employees Directly Serving Train Operations

||| The Minister of Transport stipulates standards for positions of railway employees directly serving train operations, conditions for training institutions and content, training programs for railway employees directly serving train operations as follows:

_____________________

MINISTER OF TRANSPORT

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Education Law dated June 14, 2005;

Pursuant to the Vocational Training Law dated November 29, 2006;

||| This Circular stipulates standards for positions of railway employees directly serving train operations, conditions for training institutions responsible for training positions of railway employees directly serving train operations

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

||| (hereinafter referred to as training institutions)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| and content, training programs for positions of railway employees directly serving train operations on national railways and dedicated railways.||| This Circular applies to organizations and individuals directly involved and related to train operations, training positions of railway employees directly serving train operations on national railways and dedicated railways.||| STANDARDS FOR POSITIONS OF RAILWAY EMPLOYEES DIRECTLY SERVING TRAIN OPERATIONS

Article 2. Applicability

||| Article 3. Positions of railway employees directly serving train operations include:

Chapter II

||| 1. Train dispatchers including train dispatchers along the route and train dispatchers at stations:

||| a) Train dispatchers along the route: are those who issue orders to command train operations according to the train schedule on a designated route or section; directly convey orders to organize rescue and emergency response when there is a train operation incident; issue orders to block sections, speed warnings to relevant units; temporarily halt train operations if there is a risk of train safety incidents.

||| b) Train dispatchers at stations: are those who plan train formation, cargo loading and unloading, passenger reception and dispatch, and other related tasks at the station according to the train schedule, orders from train dispatchers along the route, and train operation procedures and regulations; participate in resolving railway traffic accidents and incidents as prescribed.

||| 2. Station shift supervisors: are those who manage train formation, cargo loading and unloading, passenger reception and dispatch, and other related tasks at the station according to the train schedule, train operation commands, procedures and regulations; participate in resolving railway traffic accidents and incidents as prescribed.

||| 3. Train conductors: are the highest commanders on the train, responsible for ensuring safety, security, order, and customer service; ensuring train operations according to the schedule and orders from train dispatchers, procedures and regulations; participating in resolving railway traffic accidents and incidents as prescribed.

||| 4. Coupling supervisors: are those under the command and direction of station shift supervisors to organize and implement coupling and locomotive-carriage connection work for train organization, cargo handling, and passenger transport according to train operation commands, procedures, regulations, and technical management rules.

||| 5. Track guards: are those under the direct command and direction of station shift supervisors to manage, supervise, inspect, and use track records for train organization work at the station according to the train schedule, train operation commands, procedures, regulations, and technical management rules.

||| 6. Locomotive and carriage couplers: are those under the direct command and direction of coupling supervisors to perform coupling and locomotive-carriage connection work according to procedures, regulations, and technical management rules.

||| 7. Track inspectors: are those who regularly check and promptly identify damages and obstructions, ensuring train safety within their assigned territory; recording patrol and guard reports in logbooks as required; promptly repairing minor damages and obstructions, participating in bridge, track, and tunnel maintenance as assigned; promptly defending, quickly informing or signaling trains to stop when identifying damages and obstructions that pose risks to traffic safety; participating in protecting railway infrastructure and transportation equipment within their assigned territory.

||| 8. Level crossing guards, shared bridge guards, and railway tunnel guards: are those responsible for timely opening and closing level crossings, shared bridges, and performing tunnel guarding duties to ensure safety for road users when railway vehicles pass through; directly inspecting, maintaining, and using level crossing, bridge, and tunnel facilities in accordance with technical standards and procedures.

||| 9. Train drivers: are those who directly control train operations; responsible for safely operating locomotives at the prescribed speed, according to the train schedule, train operation commands, procedures, and regulations; participating in resolving railway traffic accidents as prescribed.

||| 10. Assistant train drivers: are those who assist train drivers during train operations, monitoring train speed and observing signals to promptly report to the driver for handling.

8. Railway crossing guard, common bridge guard, railway tunnel guard: is the person responsible for timely opening and closing the railway crossing barriers, common bridge crossings, performing tunnel guarding duties, ensuring safety for people and vehicles participating in road traffic when railway transportation vehicles pass through; directly inspecting, maintaining, servicing, and using railway crossing barriers, bridges, and tunnels in accordance with technical standards and procedures.

9. Train driver: is the person directly controlling the train's operation; responsible for safely operating the locomotive at the prescribed speed, adhering to the timetable according to the train schedule diagram, command instructions, procedures, and regulations; participates in resolving railway traffic accidents as stipulated.

10. Assistant train driver: is the person assisting the train driver during the train's operation, monitoring the train's speed and observing signals to promptly report to the train driver for handling.

Article 4. General standards for railway staff positions directly serving train operations

1. Hold a diploma or certificate in a relevant specialty issued by a training institution and meet all specific standards for the position held.

2. Possess a health certificate meeting the requirements set forth by the Ministry of Health.

Article 5. Specific standards for each railway staff position directly serving train operations

1. Train dispatcher on the route:

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

b) Have at least one year of direct work experience in either or both of the positions of station dispatcher and station train operation duty officer;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the train route dispatcher, meeting the requirements for train route dispatching business.

2. Station train dispatcher:

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

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

c) Have passed the theoretical and practical examinations organized by the enterprise employing the station train dispatcher, meeting the requirements for station train dispatching business.

3. Station train operation duty officer:

a) Hold one of the diplomas or certificates in train operation duty officer, train conductor, or one of the diplomas from a vocational college or vocational secondary school in train operation dispatching, or a higher diploma in railway transportation;

b) Have at least six months of practical work experience in the positions of train formation supervisor, station crossing guard, locomotive coupling, and car coupling at the station;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the station train operation duty officer, meeting the requirements for station train operation duty officer business.

4. Train conductor:

a) Hold one of the diplomas or certificates in train conductor, train operation duty officer, or one of the diplomas from a vocational college or vocational secondary school in train operation dispatching, or a higher diploma in railway transportation;

b) Have practical experience in the following tasks:

- For passenger train conductors: have at least one year of experience as a deputy train conductor responsible for safety;

- For freight train conductors: have at least one year of direct work experience in the position of train formation supervisor or have undergone a trial period for the position of freight train conductor not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the train conductor, meeting the requirements for train conductor business.

5. Train formation supervisor:

a) Hold one of the diplomas or certificates in train formation supervisor, train operation duty officer, train conductor, or one of the diplomas from a vocational college or vocational secondary school in train operation dispatching, or a higher diploma in railway transportation;

b) Have at least six months of practical work experience in the positions of station crossing guard, locomotive coupling, and car coupling at the station;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the train formation supervisor, meeting the requirements for train formation supervisor business.

6. Station crossing guard:

a) Hold one of the diplomas or certificates in station crossing guard, locomotive coupling, car coupling, train formation supervisor, train operation duty officer, train conductor, or one of the diplomas from a vocational college, vocational secondary school, or basic vocational school in train operation dispatching, or a higher diploma in railway transportation;

b) Have undergone a trial period for the positions of station crossing guard, locomotive coupling, and car coupling at the station not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the station crossing guard, meeting the requirements for station crossing guard business.

7. Locomotive and car coupler:

a) Hold one of the diplomas or certificates in station crossing guard, locomotive coupling, car coupling, train formation supervisor, train operation duty officer, train conductor, or one of the diplomas from a vocational college or vocational secondary school in train operation dispatching, or a higher diploma in railway transportation;

b) Have undergone a trial period for the positions of station crossing guard, locomotive coupling, and car coupling at the station not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the locomotive and car coupler, meeting the requirements for locomotive and car coupling business.

8. Track, bridge, and tunnel patrolman:

a) Be a railway track maintenance worker with a level of 4/7 or above, holding a diploma or certificate in track, bridge, and tunnel patrol or a higher diploma in railway engineering or bridge and tunnel engineering;

b) Have undergone a trial period for the positions of track, bridge, and tunnel patrol not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the track, bridge, and tunnel patrolmen, meeting the requirements for track, bridge, and tunnel patrol business.

9. Railway crossing guard, common bridge guard, and tunnel guard:

a) Hold a diploma or certificate in railway crossing guard, common bridge guard, and tunnel guard or a higher diploma in railway engineering, bridge engineering, or railway transportation;

b) Have undergone a trial period for the positions of railway crossing guard, common bridge guard, and tunnel guard not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the railway crossing guards, common bridge guards, and tunnel guards, meeting the requirements for railway crossing guard, common bridge guard, and tunnel guard business.

10. Train driver:

Must hold a valid train driving license issued by the competent authority in accordance with the regulations of the Vietnam Railway Administration.

11. Train assistant driver:

a) Hold a certificate or qualification for train driving or train assistant driving suitable for the type of vehicle being assisted, issued by a training institution;

b) Have completed a trial period as a train assistant driver not exceeding thirty days;

c) Have passed the theoretical and practical examinations organized by the enterprise employing the train assistant driver position, meeting the requirements for the train assistant driver duties.

Article 6. Performing railway staff positions directly serving train operations

1. Railway staff directly serving train operations may perform the duties of the assigned positions according to the division of labor by the employer as follows:

a) The train dispatcher position may perform the duties of the station train dispatcher, station train duty officer, freight train conductor, passenger train safety deputy conductor, coupling crew chief, switchman, locomotive coupling, and car coupling positions;

b) The station train dispatcher position may perform the duties of the station train duty officer, freight train conductor, passenger train safety deputy conductor, coupling crew chief, switchman, locomotive coupling, and car coupling positions;

c) The station train duty officer position may perform the duties of the freight train conductor, passenger train safety deputy conductor, coupling crew chief, switchman, locomotive coupling, and car coupling positions;

d) The train conductor position may perform the duties of the station train duty officer, coupling crew chief, switchman, locomotive coupling, and car coupling positions;

đ) The coupling crew chief position may perform the duties of the switchman, locomotive coupling, and car coupling positions;

e) The train driver position may perform the duties of the train assistant driver position;

g) The switchman, locomotive coupling, and car coupling positions may perform each other's duties;

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

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

2. Railway staff directly serving train operations specified in points a, b, c, d, đ, g, h, and i of Clause 1 of this Article shall not be assigned to work continuously for more than six months due to health reasons or other reasons. For those specified in point e of Clause 1 of this Article, they shall not be assigned to work continuously for more than twelve months. If their health recovers and meets the standards and they wish to resume duties as railway staff directly serving train operations, they must pass the examination and meet the job requirements organized by the enterprise employing such positions.

Article 7. Responsibilities of the head of the enterprise in managing railway staff directly serving train operations

The head of the enterprise using railway staff directly serving train operations has the following responsibilities:

1. To organize annual health checks for railway staff directly serving train operations within the scope of management of the enterprise in accordance with current regulations;

2. To regularly organize training and upgrading of the skills of railway staff directly serving train operations; to organize at least two (one theoretical and one practical) periodic skill checks annually for railway staff directly serving train operations in accordance with the regulations;

3. Not to assign railway staff directly serving train operations to positions where they do not meet the required standards or fail the skill check.

Chapter III

TRAINING INSTITUTIONS, CONTENT, AND TRAINING PROGRAM FOR RAILWAY STAFF DIRECTLY SERVING TRAIN OPERATIONS

Article 8. Training Institutions

1. The institutions responsible for training and developing railway staff directly serving train operations shall be vocational education institutions as prescribed by the Education Law and the Vocational Training Law, including:

a) Universities, colleges, and specialized secondary schools;

b) Vocational colleges, vocational secondary schools, vocational training centers, and vocational classes.

2. Training institutions shall have functions, tasks, and authorities as prescribed by laws on education and training.

Article 9. Conditions and Standards for Training Institutions

1. General conditions

Training institutions must meet all general conditions and standards as prescribed by laws on education and training.

2. Specific standards for the field of railway vocational training

Training institutions must have complete specialized classrooms and workshops designed according to current school construction regulations and must have necessary equipment, models, and teaching aids for each subject, specifically as follows:

a) Classroom for traffic rules, regulations, and safety procedures: equipped with computer devices and teaching software, signal system models, signs, markers, control panels, and necessary train operation stamps to teach railway traffic situations;

b) Classroom for railway vehicle structure: equipped with drawings, actual objects, models, cold locomotives currently in use, assemblies such as engines, chassis, electrical systems, brakes, and other components of railway vehicles;

c) Classroom for transportation operations: equipped with charts to teach cargo, passenger, baggage, consignment transportation operations, and the application of railway vehicles;

d) Classroom for locomotive driving techniques: equipped with devices and teaching aids to teach basic locomotive driving actions, such as locomotive simulation devices or electronic cabins, audiovisual equipment like tapes, discs, projectors... for teaching purposes; may lease or use locomotives currently in use at enterprises for practical training;

đ) Other specialized and operational classrooms for each profession (station attendants, shunting, dispatching...) must have corresponding teaching equipment and tools;

e) Practical workshop: must have sufficient space and area as prescribed with current equipment and machines together with necessary tools for students to practice their trades. For locomotive drivers, there must be major components of locomotives for maintenance and repair practice.

Article 10. Teaching Staff

1. Training institutions must have a sufficient number of teachers to teach courses according to the prescribed curriculum and plan, including permanent teachers (full-time dedicated instructors) and guest lecturers. The number of guest lecturers shall not exceed 50% of the total required teachers.

2. Teachers must meet the qualification standards for educators as prescribed by laws on education and training. In addition, specialized teachers must meet the following specific conditions:

a) Teachers instructing practical professional skills for positions directly serving train operations must hold a degree or certificate in the assigned specialty and have at least three years of work experience;

b) Teachers instructing practical railway vehicle control must hold a locomotive driving license and have at least five years of driving experience.

Article 11. Training Program for Railway Employees Directly Serving Train Operations, Textbooks and Study Materials

1. Training Program:

a) The framework training program for railway employees directly serving train operations shall be established and promulgated in accordance with the current laws on education and training.

b) Based on the framework program, the training institution determines its own training program.

2. Textbooks and Study Materials

The textbooks and study materials shall be compiled and approved for use as official teaching materials by the head of the training institution (the Principal or Director of the Training Center) based on the assessment of the Textbook Evaluation Council established by the head of the training institution.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Vietnam Railways Administration

1. Guide, disseminate, and inspect the implementation of this Circular. During the implementation process, collect suggestions and proposals, study and submit to the Minister of Transport for amendments and supplements to regulations to suit actual conditions.

2. Guide training institutions to complete the required conditions as stipulated; coordinate with relevant functional agencies to regularly organize inspections and impose administrative penalties within their authority.

3. Take the lead and coordinate with relevant functional agencies to organize regular or spot checks on the implementation of standards for railway employees directly serving train operations of railway enterprises nationwide.

Article 13. Responsibilities of Heads of Relevant Units

1. Study, implement, and widely disseminate the contents of this Circular; direct and inspect the implementation of this Circular to each relevant entity under their management; during the implementation process, frequently coordinate with relevant agencies to propose and suggest solutions to existing issues.

2. Review and check certificates, licenses, and professional qualifications of all railway employees directly serving train operations under their management; develop training and upgrading plans for employees who do not have appropriate professional qualifications for their positions, ensuring that this group meets the requirements set forth in the regulations.

Article 14. Effective Date

This Circular takes effect 45 days from the date of signature; the following Decisions are repealed:

a) Decision No. 67/2005/QĐ-BGTVT dated December 2, 2005 of the Minister of Transport on the issuance of "Regulations on Standards for Positions of Railway Employees Directly Serving Train Operations, Conditions for Training Institutions and Contents, Programs for Training Railway Employees Directly Serving Train Operations";

b) Decision No. 32/2006/QĐ-BGTVT dated August 28, 2006 of the Minister of Transport on supplementing and amending "Regulations on Standards for Positions of Railway Employees Directly Serving Train Operations, Conditions for Training Institutions and Contents, Programs for Training Railway Employees Directly Serving Train Operations" issued together with Decision No. 67/2005/QĐ-BGTVT dated December 2, 2005 of the Minister of Transport;

c) Decision No. 21/2008/QĐ-BGTVT dated October 10, 2008 of the Minister of Transport on supplementing and amending Clause 5 of "Regulations on Standards for Positions of Railway Employees Directly Serving Train Operations, Conditions for Training Institutions and Contents, Programs for Training Railway Employees Directly Serving Train Operations" issued together with Decision No. 67/2005/QĐ-BGTVT dated December 2, 2005 of the Minister of Transport.

Railway employees directly serving train operations on dedicated railways not connected to the national railway network must meet the standards prescribed in this Circular at the latest three years from the date this Circular takes effect.

Railway dispatchers on the national railway network and dedicated railways connected to the national railway network who were employed before December 31, 2005 with a Secondary Vocational Certificate in Railway Transportation must complete the Dispatching Training Program issued together with Decision No. 2061/QĐ-BGTVT dated July 23, 2010 of the Minister of Transport.

Article 15. Implementation Organization

The Head of the Ministry's Office, the Inspector General, Department Heads, the Director of the Vietnam Railways Administration, Heads of agencies, units, and individuals concerned are responsible for implementing this Circular./.