Circular No. 40/2015/TT-BGTVT on the standards, duties, and powers of Railway Transport Vehicle Inspectors

CIRCULAR

Specifies standards, duties, and authorities of traffic vehicle inspectors on railroads.

of 3. Amend Clause 3 Article 2 as follows:traffic vehicle inspectors on railroadsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Vehicle Inspection Agency,

The Minister of Transport issues this Circular specifying the standards, duties, and authorities of traffic vehicle inspectors on railroads.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the standards, duties, and authorities for traffic vehicle inspectors on railroads.

Article 2. Applicability

This Circular applies to organizations and individuals related to traffic vehicle inspection activities on railroads.

Article 3. Traffic Vehicle Inspectors

1. Traffic vehicle inspectors on railroads (hereinafter referred to as Inspectors) are persons who meet the prescribed standards, recognized as Inspectors to carry out traffic vehicle inspection activities on railroads.

2. Inspectors are divided into two categories, specifically:

a) Inspector;

b) Senior Inspector.

Chapter II

STANDARDS, DUTIES AND AUTHORITIES OF TRAFFIC VEHICLE INSPECTORS

Article 4. Standards of Inspectors

1. For Inspectors:

a) Graduated from a bachelor's degree in locomotive, coach, or locomotive-coach engineering;

b) Foreign language: English, level A or equivalent and above;

c) Computer skills: level A or equivalent and above;

d) Hold a certificate of completion of Inspector vocational training course;

đ) Have at least 12 months of practical training in traffic vehicle inspection on railroads;

e) Hold an Inspector certificate.

2. For Senior Inspectors:

a) Have at least 5 years of work experience in the position of Inspector;

b) Foreign language: English, level B or equivalent and above;

c) Hold a certificate of completion of Senior Inspector vocational training course;

d) Hold a Senior Inspector certificate;

đ) Have at least 12 months of practical training in new design assessment and accident analysis.

Article 5. Duties of Inspectors

1. For Inspectors:

a) Assess or participate in assessing the design modification of various types of railroad vehicles;

b) Check the technical safety quality and environmental protection of railroad vehicles;

c) Prepare inspection registration files for inspected objects;

d) Participate in drafting, supplementing, and revising technical standards, guidelines, and regulations;

đ) Participate in scientific research projects, application of scientific and technological progress;

g) Participate in updating and supplementing professional training for Railway Inspection Officers;

g) Participate in updating and supplementing professional training;

h) Perform other tasks assigned by unit leadership.

2. For Senior Inspectors:

In addition to the duties specified in Clause 1 of this Article, Senior Inspectors also perform the following tasks:

a) Lead or participate in scientific research projects, drafting, supplementing, and revising technical standards, guidelines, and legal documents;

b) Participate in assessing the design of new types of railroad vehicles;

c) Review the results of inspections conducted by Inspectors, advise unit leadership on professional and operational matters when required;

d) Guide, inspect, and evaluate the performance of Inspectors participating in vocational training;

đ) Participate in advanced professional training.

Article 6. Powers of the Inspector

1. Has the right to reserve opinions and report to superiors when their conclusions on the technical condition of vehicles and other equipment differ from those of unit leaders.

2. Has the right to stop inspection activities for vehicles and report to superiors if they find that the inspected vehicles and equipment do not ensure safety during the inspection process.

Article 7. Responsibilities of the Inspector

1. The Inspector is responsible before unit leaders and under the law for the results of the assigned work.

2. The Inspector must carry out inspection activities objectively, in accordance with the law, and in compliance with professional requirements as assigned.

Chapter III

PROFESSIONAL TRAINING AND ISSUANCE OF CERTIFICATES INSPECTOR

1. Annually, the Vietnam Vehicle Inspection Agency has the responsibility to organize professional training for Railway Vehicle Inspectors and Senior Railway Vehicle Inspectors.

1. The professional training program for Inspectors includes:

a) The professional training program for Inspectors;

b) The advanced professional training program for Inspectors.

2. The content of the professional training program for Inspectors is specified in Appendix 1 issued together with this Circular.

3. Based on the content of the training program prescribed in Clause 2 of this Article, the Director of the Vietnam Inspectorate Department shall be responsible for developing and issuing training materials for Inspectors.

4. Annually, the Vietnam Inspectorate Department shall be responsible for planning the organization of training sessions and issuing Certificates to trainees who complete the training course according to the model specified in Appendix 2 issued together with this Circular.

Article 9. Authority to Issue Inspector Certificates

1. The Director of the Vietnam Inspectorate Department issues Inspector Certificates according to the model specified in Appendix 3 issued together with this Circular.

2. Inspector Certificates have a validity period of three years.

Article 10. Application Documents for Issuance of Inspector Certificate

1. Application documents for issuance of Inspector Certificates include:

a) An application form according to the model specified in Appendix 4 issued together with this Circular;

b) A document from the unit according to the model specified in Appendix 5 issued together with this Circular;

c) A professional curriculum vitae according to the model specified in Appendix 6 issued together with this Circular;

d) A certified copy or a copy accompanied by the original for verification of the university degree certificate;

đ) A certified copy of the completion certificate of the Inspector professional training course;

e) A certified copy or a copy accompanied by the original for verification of the English proficiency certificate and computer skills certificate;

g) Two color photographs (taken within six months);

h) A report on the results of professional internship (confirmed by the head of the unit).

2. Application documents for reissuance of Inspector Certificates:

Inspector Certificates are reissued upon expiration, damage, or loss. Application documents for reissuance of Inspector Certificates include:

a) An application form according to the model specified in Appendix 4 issued together with this Circular;

b) A request document from the unit according to the model specified in Appendix 5 issued together with this Circular.

Article 11. Procedures for Issuance and Reissuance of Inspector Certificates

1. Organizations and individuals complete the application documents in accordance with Article 10 of this Circular and submit one set of documents to the Vietnam Inspectorate Department.

2. The Vietnam Inspectorate Department receives and checks the application documents: if the documents are incomplete according to the regulations, it will guide organizations and individuals to complete them immediately on the same working day (for direct submission cases) or guide organizations and individuals to complete the documents within two working days from the date of receipt (for postal submissions or other appropriate methods).

3. In case the documents are complete according to the regulations, the Vietnam Inspectorate Department issues a notice of result delivery and proceeds to evaluate the documents. If the documents meet the criteria, the Inspector Certificate will be issued or reissued within three working days from the date of receipt of the documents; if not, within one working day from the date of evaluation results, the Vietnam Inspectorate Department will issue a response document specifying the reasons.

4. The submission of documents and delivery of results can be done directly, through the postal service, or by other appropriate methods.

Article 12. Revocation of the Inspection Certificate

The Inspector's Inspection Certificate shall be revoked if they are subject to disciplinary action of a warning or higher for the following violations:

1. Violating the standards, specifications, and procedures for inspecting railway transportation vehicles.

2. Engaging in corrupt behavior, harassment, or intentionally causing difficulties for customers during the performance of duties.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

1. This Circular takes effect from October 1, 2015. The Decision No. 063/2004/QĐ-ĐK dated April 19, 2004, issued by the Director of the Vietnam Railway Inspection Agency on the issuance of the Railway Inspector Standards, is hereby repealed.

2. Inspection Certificates already issued under Decision No. 063/2004/QĐ-ĐK dated April 19, 2004, by the Director of the Vietnam Railway Inspection Agency, which are still within their validity period, remain valid until the expiration date stated on the certificate.

Article 14. Implementation Organization

1. The Vietnam Registration Agency is responsible for implementing this Circular.

2. The Director of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Registration Agency, the Heads of agencies, organizations, and individuals related to this matter are responsible for enforcing this Circular./.