Decision No. 55/2005/QD-BGTVT Issuing Regulations on Registration of Rail Transport Vehicles

Pursuant to …;

Issuing Regulations on Registration of Railway Transport Vehicles

 

THE MINISTER OF TRANSPORTATION

 

Pursuant to the Law on Railways dated June 14, 2004;

Pursuant to Decree No. 86/2002/NĐ-CP dated December 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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 Director of the Transport Department,

 

DECISION:

 

Article 1. These Regulations on Registration of Railway Transport Vehicles are hereby promulgated together with this Decision.

Article 2. This Decision shall take effect from January 1, 2006.

Article 3. The Heads of the Office, the Inspectorate, the Directors of Departments under the Ministry, the Director of the Vietnam Railway Administration, the Chairmen of Management Councils, General Directors of Vietnam Railway Corporations, Heads of agencies and units, and individuals concerned shall be responsible for implementing this Decision.

 

REGULATIONS

 

On Registration of Railway Transport Vehicles

(Issued together with Decision No. 55/2005/QĐ-BGTVT dated October 28, 2005)

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations provide for the registration and management of the registration of railway transport vehicles.

Article 2. Applicability

1. These Regulations apply to organizations and individuals owning railway transport vehicles operating on national railways, urban railways, and dedicated railways connected to national railways; and organizations and individuals related to the registration and management of the registration of railway transport vehicles.

2. For railway transport vehicles participating in international rail transit, in addition to applying these Regulations, they must also comply with relevant international rail transit regulations.

Article 3. Explanation of Terms

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

1. National railway is a railway serving the common transportation needs of the entire country, regions, and international transit.

2. Urban railway is a railway serving the daily travel needs of passengers in cities and adjacent areas.

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

4. Railway transport vehicle (hereinafter referred to as vehicle) includes locomotives, carriages, power cars, and specialized vehicles moving on railways.

5. Major technical parameter change of vehicle means changing one of the following parameters:

a) For locomotive of state agencies it means changing the engine type; changing the engine power; changing the drive system; changing the gauge.

b) For carriage it means changing the load-bearing capacity that alters the gauge.

c) For specialized vehicle it means changing the usage function; changing the gauge.

6. Certified copy is a copy made by the enterprise itself and the enterprise bears full responsibility for its authenticity before the law.

Chapter II

REGISTRATION OF VEHICLES

Article 4. General Provisions on Vehicle Registration

Vehicle registration includes the following matters:

1. Initial registration is the issuance of a certificate of registration for imported, domestically produced, or assembled vehicles before putting them into operation on national railways, urban railways, and dedicated railways connected to national railways;

2. Re-registration is the cancellation and removal of the old certificate of registration and issuance of a new certificate of registration for vehicles when:

a) There is a change in usage function or major technical parameters;

b) There is a transfer of ownership of the vehicle.

3. De-registration is the cancellation of the registration of a vehicle from the registration book; applicable in the following cases:

a) The vehicle is no longer used for railway transportation;

b) The vehicle is missing or destroyed.

4. Reissuance of the certificate of registration for a vehicle is the issuance of a new certificate of registration for a vehicle that already has a certificate of registration but whose certificate of registration is lost, damaged, and the owner requests reissuance.

Article 5. Registration Procedure and Formalities

1. Means of transport with complete and valid documents as prescribed in Articles 6, 7, and 8 of this Regulation shall be registered by the competent authority for registration of means of transport (hereinafter referred to as the registration authority).

2. The owner of the means of transport shall submit one set of registration documents to the registration authority.

3. The registration authority shall examine the legality of the documents and process the registration according to the request of the owner of the means of transport.

Article 6. Initial Registration Documents

Initial registration documents include the following papers:

1. Application form for registration of means of transport as specified in Appendix 1 attached to this Regulation;

2. A certified true copy of the purchase or production contract of the means of transport (or sales invoice of the means of transport), or a certified true copy of the decision on the transfer of the means of transport issued by the competent authority. For imported means of transport, there must also be an original customs declaration form for imported goods;

3. Certificate of quality, technical safety, and environmental protection of the means of transport issued by the inspection agency;

4. A certified true copy of the business registration certificate.

Article 7. Re-registration Documents

1. Re-registration documents in case of ownership transfer include:

a) Application form for re-registration of means of transport as specified in Appendix 2 attached to this Regulation;

b) Certificate of registration of means of transport issued by the competent authority;

c) A certified true copy of the purchase or sale contract of the means of transport (or sales invoice), or a certified true copy of the decision on the transfer of the means of transport issued by the competent authority;

d) A certified true copy of the business registration certificate.

2. Re-registration documents in case of change in the purpose of use or main technical parameters of the means of transport include:

a) Application form for re-registration of means of transport as specified in Appendix 2 attached to this Regulation;

b) Certificate of registration of means of transport issued by the competent authority;

c) Certificate of quality, technical safety, and environmental protection of the means of transport issued by the inspection agency.

Article 8. Documents for Requesting Replacement of Registration Certificate

1. Documents for requesting replacement in case of loss or damage of the registration certificate include:

a) Application form for replacement of the registration certificate of means of transport as specified in Appendix 3 attached to this Regulation;

b) A certified true copy of the certificate of technical safety and environmental protection of the means of transport issued by the inspection agency;

c) A certified true copy of the ownership confirmation documents of the means of transport (purchase or sale contract of the means of transport, decision on the transfer of the means of transport).

2. Documents for requesting replacement in case of damage of the registration certificate include:

a) Application form for replacement of the registration certificate of means of transport as specified in Appendix 3 attached to this Regulation;

b) Original old registration certificate.

Article 9. Documents for Requesting Deletion and Revocation of Registration

Documents for requesting deletion and revocation of registration include:

1. Application for cancellation of registration as specified in Appendix 4 attached to this Regulation;

2. Original old registration certificate issued by the registration authority.

Article 10. Registration Numbering System for Locomotives

The registration number of locomotives consists of two rows of letters, numbers, and hyphens.

1. The first row (top row) indicates the abbreviation of the registration authority's name, which is VRA (Vietnam Railway Administration - Vietnam Railways Corporation);

2. The second row (bottom row) indicates the type of locomotive, engine power, transmission type, track gauge, and registration number, consisting of three groups of letters and numbers; a hyphen; and a group of numbers.

a) The first group (letters and numbers) includes:

One uppercase letter at the beginning indicating the type of locomotive: Steam locomotive is H, diesel locomotive is D, electric locomotive is Đ;

Two digits following the first letter indicating the rounded engine power in multiples of 100;

One uppercase letter following the two digits indicating the transmission type. Electric transmission is E, hydraulic transmission is H;

If the locomotive has a track gauge of 1435mm, then after the uppercase letter indicating the transmission type, there will be an additional letter r;

b) The second group (hyphen): a separator

c) The third group (numbers): consisting of three digits from 001 to 999. Indicates the serial number of the locomotive in the registration book.

3. Example:

a) The registration number of a Belgian diesel locomotive with a track gauge of 1000mm, electric transmission, and engine power of 1800CV with registration number 124 is written as:

VRA

D18E - 124

b) The registration number of a Dongfeng diesel locomotive with a track gauge of 1435mm, electric transmission, and engine power of 1800CV with registration number 003 is written as: VRA

D18Er - 003

Article 11. Method of registering identification numbers for railway carriages

The registration number of a railway carriage consists of two rows of letters, numbers, and hyphens.

1. The first row (upper row) indicates the abbreviation of the registration authority's name, consisting of three letters VRA (abbreviation for the English term: Vietnam Railway Administration - Vietnam Railways Administration).

2. The second row (lower row) indicates the type of carriage, track gauge, and the registration sequence number of the carriage in the registration book, consisting of three groups of letters, a hyphen, and a group of four digits.

a) The first group (letter group) consists of 2 to 3 initial letters indicating the type of carriage and track gauge;

Two uppercase letters at the beginning indicate the type of carriage (as specified in Appendix 6 attached to this Regulation).

If the carriage has a track gauge of 1435mm, then after the two letters above, there will be an additional lowercase letter r.

b) The second group (hyphen): a separator

c) The third group (number group): Consists of four digits from 0001 to 9999 indicating the registration sequence number of the carriage in the registration book.

3. Example:

The registration number of a high-sided covered carriage with a track gauge of 1000mm and registration number 1234 is written as;

VRA

GG - 1234

The registration number of a low-sided open carriage with a track gauge of 1435mm and registration number 1315 is written as:

VRA

NNr - 1315

The registration number of a soft-seat passenger carriage with a track gauge of 1000mm and registration number 0126 is written as

VRA

AA - 0126

The registration number of a hard-seat passenger carriage with a track gauge of 1435 and registration number 1425 is written as

VRA

BBr - 1425

Article 12. Method of registering identification numbers for specialized railway equipment

The registration number of specialized railway equipment consists of two rows of letters, numbers, and hyphens.

1. The first row (upper row) indicates the abbreviation of the registration authority's name, consisting of eight letters VRA (abbreviation for the English term: Vietnam Railway Administration - Vietnam Railways Administration);

2. The second row (lower row) includes three groups of letters, a hyphen, and a group of numbers indicating the type of specialized equipment, track gauge, and the registration sequence number of the equipment in the registration book.

a) The first group (letter group): Consists of 2 to 3 uppercase letters indicating the type of specialized equipment.

Locomotive bogie (including rail cars): GM;

Track tamper: MCĐ;

Rail placer: MĐR;

Track inspection bogie: GKT;

If the specialized railway equipment has a track gauge of 1435mm, then after the letter group above, there will be an additional lowercase letter r.

b) The second group (hyphen): A separator.

c) The third group (number group): Consists of three digits from 001 to 999 indicating the registration sequence number of the specialized equipment in the registration book.

3. Example:

The locomotive bogie with a track gauge of 1000mm and registration number 012 is written as:

VRA

GM - 012

The track tamper with a track gauge of 1435mm and registration number 017 is written as:

VRA

MCĐR - 017

4. For railway cranes, the registration process shall be carried out in accordance with Circular No. 23/2003/TT-BLĐTBXH dated November 3, 2005 issued by the Ministry of Labor, Invalids, and Social Affairs.

Article 13. Provisions on marking registration numbers on equipment

1. After being assigned a registration number, the owner of the equipment must mark the registration number of the equipment on both sides of the equipment.

2. Color of the registration number of the equipment:

a) White or yellow paint if the color of the equipment is dark;

b) Light blue or black paint if the color of the equipment is light.

3. The size of the characters and numbers of the registration number of railway transportation equipment according to the model specified in Appendix 7.

Article 14. Responsibilities of the registration authority

1. Organize the implementation of equipment registration in accordance with regulations; guide the owners of equipment to prepare registration files.

2. After receiving all required documents as stipulated in Articles 6, 7, 8, and 9 of this Regulation, the equipment registration authority is responsible for issuing the certificate of equipment registration to the owner of the equipment within seven days from the date of receipt of valid documents.

3. In cases where the owner of the equipment has not submitted all valid documents as required, they must immediately notify the owner of the equipment to supplement and complete the documents.

4. The certificate of equipment registration is used for newly registered equipment or re-registered equipment according to the model specified in Appendix 5. In the case of reissuance, it will have an additional stamp "Reissued once, twice..." on the certificate of equipment registration. 5. Maintain the equipment registration book, store, and manage the equipment registration files.

6. Monitor, compile, and report on equipment registration status, implement reporting systems, and be subject to supervision and guidance by the Ministry of Transport.

7. Manage, print, and use seals for equipment registration work.

8. Collect and use registration fees for equipment in accordance with the provisions of the law.

8. Collect and use registration fees for vehicles in accordance with the provisions of the law.

Article 15. Responsibilities of the vehicle owner

1. Submitting and paying all registration files for the vehicle in accordance with the regulations to the registration authority.

2. Shall be responsible under the law for the accuracy and legality of the registration file.

3. Paying registration fees and charges in accordance with the provisions of the law.

4. When the vehicle is locomotives or specialized vehicles with engines and drivers operating on railway tracks, the driver must carry a copy of the vehicle registration certificate (certified by a state notary office) for inspection by competent authorities.

Chapter III

IMPLEMENTATION

Article 16. Vehicle Registration Authority

1. The Vietnam Railway Administration is the organization managing and implementing vehicle registration.

2. The Director of the Vietnam Railway Administration or the person authorized by the Director of the Vietnam Railway Administration has the right to sign the vehicle registration certificate.

Article 17. Transitional Provisions

1. Rail transport vehicles currently in operation and exploitation on the railway networks mentioned in Article 2 of this Regulation, which have been registered and issued certificates of registration by competent authorities previously, shall retain their original registration numbers.

2. Authorities that previously carried out rail transport vehicle registration shall keep vehicle records and prepare detailed reports on the types of vehicles that have been assigned registration numbers to send to the Vietnam Railway Administration for continued monitoring and management. In cases requiring specific verification, the Vietnam Railway Administration will directly work with the authorities keeping the vehicle records to resolve issues.

Article 18. Implementation Organization

1. The Vietnam Railway Administration is responsible for guiding the implementation of this Regulation.

2. Any difficulties or obstacles encountered during implementation shall be promptly reported to the Ministry of Transport for consideration and resolution./.