Decision No. 44/2005/QD-BGTVT Issuing the Regulation on Management of Examination, Issuance, Renewal, and Revocation of Ship Driving Licenses

DECISION OF THE MINISTER OF TRANSPORT

Issuing Regulations on Management, Examination, Issuance, Renewal, and Revocation of Train Driving Licenses

 

THE MINISTER OF TRANSPORTATION

 

Based on the Railway Law dated June 14, 2005;

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

Considering the proposal of the Director of the Vietnam Railway Administration and the Head of the Cadre and Civil Servant Department,

 

DECISION:

Article 1. These Regulations on Management, Examination, Issuance, Renewal, and Revocation of Train Driving Licenses are promulgated together with this Decision.

Article 2. This Decision shall take effect from January 1, 2006, and replace Decision No. 22/2004/QĐ-BGTVT dated November 4, 2004, issued by the Minister of Transport on Regulations on Management, Examination, and Issuance of Driving Permits for Various Types of Rail Traffic Vehicles.

Article 3. The Heads of the Office, Inspectorate, Cadre and Civil Servant Department, Legal Affairs Department, Transportation Department, Vietnam Railway Administration, Heads of relevant agencies, units, and individuals are responsible for implementing this Decision.

 

REGULATIONS

Management, Examination, Issuance, Renewal, and Revocation of Train Driving Licenses

(Issued together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005)

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the management of examination, issuance, renewal, and revocation of train driving licenses for persons directly operating rail traffic vehicles on national railways, urban railways, and dedicated railways connected to national railways.

Article 2. Applicability

These Regulations apply to all organizations and individuals involved in the work of managing examinations, issuance, renewal, and revocation of train driving licenses.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

1. National railway National railway refers to railway serving the common transportation needs of the entire country and each economic region.

2. Urban railway Urban railway refers to railway serving transportation needs within cities and suburban areas.

3. Dedicated railway is a railway serving the specific transportation needs of organizations and individuals.

4. Rail traffic vehicle means locomotives, carriages, diesel-powered carriages, and special-purpose vehicles moving on railway tracks.

5. Train means a rail traffic vehicle composed of a locomotive and carriages or a single diesel-powered carriage, electric-powered carriage, or special-purpose powered vehicle moving on railway tracks.

6. Train driving license (hereinafter referred to as the license) is a certificate issued to persons directly controlling trains.

7. Train driver is the person directly controlling the train.

8. Train assistant driver is the person assisting the train driver during the operation of the train.

Chapter II

CLASSIFICATION AND USE OF LICENSES

Article 4. Types of Licenses and License Formats

1. Licenses 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. The format of the license is specified in Appendix 1 of these Regulations.

Article 5. Validity Period of the License

The validity period of the license is five years from the date of issuance.

Article 6. Use of the License

1. Persons holding a license may only operate the type of rail traffic vehicle (with or without push or pull of carriages) specified in their license and are responsible for:

a) Safeguarding the license to prevent loss or damage;

b) Carrying the license when driving the train;

c) At least twenty days before the expiration of the license, completing the procedures to renew the license according to Article 17 of these Regulations.

2. If a person does not perform train driving duties as specified in the license for twelve months or more, the license becomes invalid. To resume train driving duties, such person must complete the necessary procedures for examination and issuance of a new license according to these Regulations.

Article 7. Revocation of License

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

a) Violation of railway traffic safety regulations by the train driver at a level that warrants revocation of the license according to the provisions of the law;

b) Issuance of the license in violation of this Regulation.

2. The head of the enterprise directly managing the person whose license is to be revoked shall be responsible for revoking the license and sending it back to the Vietnam Railway Administration for removal from the issuance record book.

3. A person whose license has been revoked who wishes to resume work as a train driver must go through the procedures for examination and issuance of a new license according to the provisions of this Regulation.

Chapter III

EXAMINATION, ISSUANCE, AND RENEWAL OF LICENSES

Article 8. Content and Examination Process for Issuing Licenses

1. The examination content includes two parts:

a) Theory;

b) Practical.

2. The Vietnam Railway Administration shall develop detailed examination content and procedures for issuing licenses to be submitted to the Minister of Transport for promulgation.

Article 9. Examination Venue

The venue organizing the examination must have a separate theory testing room and various types of railway transportation equipment and specialized tools to ensure practical testing suitable for the type of license to be issued.

Article 10. Conditions for Eligibility for Examination and Issuance of Licenses

1. Being a citizen of the Socialist Republic of Vietnam with full civil rights, aged between 23 and 55 for males and between 23 and 50 for females, possessing good health to operate all types of railway transportation equipment as stipulated by law.

2. Having a diploma or certificate of completion in the field of railway transportation equipment operation issued by a training institution.

3. Having completed at least 24 months of continuous safe service as an assistant train driver.

4. Possessing complete documentation as prescribed in Article 11 of this Regulation.

Article 11. Application Documents for Examination and Issuance of Licenses

1. An application form confirmed by the head of the unit directly managing the applicant for the examination according to the model specified in Appendix 2 of this Regulation.

2. A health certificate issued by a competent health authority as required.

3. A copy of the diploma (or certificate) of completion in the field of railway transportation equipment operation relevant to the type of equipment for which the examination is being applied, issued by a training institution.

4. Three color photographs measuring 3 x 4 cm.

Article 12. Management of Examination, Issuance, and Renewal of Licenses

1. The Vietnam Railway Administration is the unified management agency for examination, issuance, and renewal of licenses nationwide, responsible for:

a) Printing, distributing, guiding, and managing the use of licenses throughout the country;

b) Directing professional activities, guiding, and inspecting examination operations;

c) Developing plans, training needs, and directly managing the examination staff;

d) Developing forms, ledgers, and other related business records for license management;

đ) Storing and preserving examination application files, issuance, renewal, and revocation records;

e) Studying and developing a system of regulatory documents on examinations and license issuance to submit to the Minister of Transport for promulgation.

2. The license shall be signed by the Director of the Vietnam Railway Administration or the Deputy Director authorized by the Director.

Article 13. Examination Board

1. The Examination Board shall be established by the Director of the Vietnam Railway Administration.

2. Composition of the Examination Board:

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

b) The Vice-Chairman of the Board is the head of the unit managing the examinee;

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) At the end of the examination period, the Examination Board shall automatically dissolve itself.

4. Duties and Powers of the Examination Board:

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

b) Directing the examination process in accordance with the regulations of the Ministry of Transport and the guidance of the Vietnam Railway Administration;

c) Disseminating, guiding the content, procedures, this Examination Regulation, and other necessary regulations to the examiners;

d) Arranging the examination schedule and organizing the examination;

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

e) Summarizing the examination results and signing the confirmation minutes, storing the examination period documents and materials at the Vietnam Railway Administration;

g) The Chairman or Vice-Chairman of the Examination Board shall decide on handling and resolving violations of the Examination Regulation reported by the Examination Team.

Article 14. Examination Committee

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

2. Members of the Examination Committee: The Examination Committee consists of the Chairperson and Examiners.

3. Qualifications of Examiners:

a) Good moral character;

b) Hold a degree or certificate of completion in a relevant railway transportation vehicle operation specialty corresponding to the type of vehicle for which the examinee is applying, issued by a training institution;

c) Have at least five years of practical work experience, including at least three years as a train driver, with knowledge of railway transportation vehicles and technical operation procedures, technical regulations, and safe train operation rules;

d) Have completed an examination training course and been issued an Examiner card by the Vietnam Railway Administration.

4. Duties and Authorities of the Examination Committee:

a) Inspect the standards and specifications of examination vehicles and equipment, and safety assurance plans for the examination period;

b) Announce the examination content and procedures, and check compliance with examination regulations;

c) Examining candidates according to prescribed content and procedures;

d) Prepare records and handle violations of examination regulations within their authority or report to the Chairman of the Examination Council for resolution;

đ) Grade examinations and compile results, evaluate the examination period, and report to the Examination Council;

e) Examiners are directly responsible for examination grading results. The Chairperson of the Examination Committee is generally responsible for examination results.

5. Upon completion of the examination period, the Examination Committee will dissolve itself.

Article 15. Issuance of New Licenses

A new license shall be issued to individuals who have participated in the examination and been recognized as qualified by the Director of the Vietnam Railway Administration based on the examination results.

Article 16. Reissuance of Licenses

1. Principles for Reissuance:

Licenses will only be reissued to those currently serving as train drivers under the following circumstances:

a) Loss of license due to valid reasons (such as natural disasters, enemy attacks, fires...);

b) Damage to the license due to valid reasons but still having elements that can be compared with the original license book.

In other cases where licenses are lost (or damaged), if they wish to continue serving as train drivers, they must complete all necessary procedures to undergo examination and obtain a new license according to this Regulation.

2. Documents for Requesting Reissuance of License Include:

a) An application form as prescribed in Appendix 3 of this Regulation;

b) Evidence of loss or damage to the license, including: a report with confirmation from the police station where the loss occurred or a damaged license that still has elements comparable to the original book;

c) Three color photographs measuring 3 x 4 cm;

d) Present identification card when required.

Article 17. Replacement of Licenses

1. Principles for License Replacement:

a) Only replace licenses for those currently serving as train drivers who hold expired licenses issued by the Vietnam Railway Administration;

b) Licenses issued by the Vietnam Railway Administration according to the "Regulation on Management of Examination and Issuance of Licenses for Controlling Various Types of Railway Transportation Vehicles" promulgated by Decision No. 22/2004/QĐ-BGTVT dated November 4, 2004 of the Minister of Transport remain valid if still effective.

2. Documents for Requesting License Replacement Include:

a) An application form as prescribed in Appendix 3 of this Regulation;

b) Health certificate from a competent health authority as prescribed;

c) Certified copy of the license by the head of the direct managing unit;

d) Three color photographs measuring 3 x 4 cm.

Article 18. Time limit for issuing new, reissuing, or renewing licenses

1. Within ten days from the date on which the Director of the Vietnam Railway Administration issues the Decision recognizing successful candidates following the examination, the Vietnam Railway Administration must complete the issuance of new licenses for those who meet the requirements.

2. Within fifteen days from the date of receiving valid applications to renew or reissue licenses, the Vietnam Railway Administration must complete the renewal or reissuance of licenses.

Article 19. Examination fees and fees for issuing new, reissuing, or renewing licenses

Persons participating in the examination for license issuance or requesting to renew or reissue licenses must pay the examination fees and fees according to current regulations.

Chapter IV

IMPLEMENTATION

Article 20. Responsibilities of the Director of the Vietnam Railway Administration

1. Organize guidance, dissemination, and inspection of the implementation of this Regulation.

2. Annually, in November, summarize the work of examinations, issuance, renewal, and revocation of licenses, and report to the Minister of Transport.

3. During the implementation process, collect suggestions and proposals, study and submit to the Minister of Transport for resolution or amendment and supplementation of this Regulation when necessary.

Article 21. Responsibilities of Heads of Relevant Units

Study, thoroughly understand, organize wide dissemination of the contents and directives of this Regulation, and inspect the implementation of this Regulation to each relevant entity within their management scope; maintain regular contact with the Vietnam Railway Administration to report on implementation results, propose solutions, and address existing issues.

Article 22. Inspection Work

The Department of Organization and Cadres and the Inspectorate of the Ministry shall take the lead in coordinating with the Vietnam Railway Administration and relevant agencies to periodically conduct inspections or spot checks as necessary for the implementation of this Regulation./.