Decree No. 55/2006/NĐ-CP on the organization, tasks, powers, equipment, uniforms, insignia, and support tools of railway protection forces

DECREE

On the organization, tasks, powers, equipment, uniforms, insignia, and support tools of railway security forces

hiệu lực và công cụ hỗ trợ của lực lượng bảo vệ trên tàu hỏa

____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Railway Law dated June 14, 2005;

Considering the proposal of the Minister of Transport.

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the organization, tasks, powers, equipment, uniforms, insignia, and support tools of railway security forces.

Article 2. SCOPE OF APPLICATION

1. This Decree applies to organizations and individuals engaged in cargo and passenger transportation on national railways or those involved in activities related to national railways.

2. This Decree does not apply to security forces protecting agencies and enterprises under railway transport businesses.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions from this Decree, such provisions shall be applied according to the treaty's provisions.

Chapter II

ORGANIZATIONAL STRUCTURE, DUTIES, AND POWERS OF INTERNAL AUDIT

POWERS, EQUIPMENT, UNIFORMS, AND INSIGNIA

AND SUPPORT TOOLS OF RAILWAY SECURITY FORCES

Article 3. Organization of railway security forces

1. Railway security forces are organized within railway transport enterprises operating on national railways.

2. Railway security forces are organized into Departments, Divisions, Teams, and Groups based on the scale and characteristics of production and business operations of the enterprise.

3. Security forces at each level are subject to direct management and guidance by the head of that unit, while also being guided in security matters by higher-level security organizations and by public security agencies.

Article 4. Standards for railway security personnel

1. They must be Vietnamese citizens aged 18 or older, with clear backgrounds, good morals, no criminal records, a minimum education level of secondary school, and sufficient health to effectively perform railway security duties.

2. They must have been trained in railway security operations by provincial-level public security agencies and obtained a certificate of completion.

3. They must have been trained in railway traffic safety operations as prescribed by the Ministry of Transport.

Article 5. Tasks of railway security forces

Railway security forces have the following tasks:

1. To develop plans and propose recommendations and measures to ensure security and order on trains to the heads of railway transport enterprises.

2. To implement operational measures as prescribed to detect, prevent, and stop the following actions:

a) Obstructing train operation contrary to the law, threatening train safety;

b) Throwing soil, rocks, and other objects onto trains or from trains while they are moving;

c) Damaging and causing uncleanliness to train carriages;

d) Endangering the safety of passengers on trains;

đ) Disrupting public order on trains;

e) Threatening the health and lives of passengers;

g) Stealing passengers' property, cargo, luggage, consigned goods transported on trains, and enterprise assets;

h) Other acts violating the law.

3. To comply with regulations on fire prevention and explosion control on trains and under stations; manage weapons, support tools, explosives, flammable materials, and hazardous substances.

4. To serve as the core in mass movements for national security protection in stations and on trains managed by enterprises. To cooperate with mass organizations within enterprises to effectively carry out propaganda, education, and legal dissemination to freight customers and train passengers. To guide freight customers and train passengers to participate in maintaining security and order on trains and under stations.

5. To cooperate with village, town, and urban police, road traffic police, and administrative management police in areas where railways pass through to understand the situation regarding security, order, and social safety.

6. To cooperate with infrastructure protection security forces, police forces, and local authorities to promptly detect and stop acts of infringing upon railway infrastructure, vehicles, and equipment, and causing disruptions to railway traffic safety.

7. To cooperate with station staff and train crew members to conduct passenger and cargo inspection at stations and boarding and alighting from trains; when fires, accidents, or disorder occur on trains or under stations, they must promptly coordinate with train and station managers and apply operational measures to prevent further incidents, organize emergency medical care for injured persons, secure the scene, apprehend suspects caught in the act, prepare initial reports, and immediately report to the nearest public security agency for further handling.

8. To participate in resolving and mitigating natural disasters and railway traffic accidents in accordance with the law.

9. To cooperate with traffic inspection and traffic safety forces to promptly detect and stop violations of railway traffic safety rules.

Article 6. Powers of railway station security forces

Railway station security forces have the following powers:

1. Inspect, urge, and remind railway staff, freight customers, and train passengers to comply with laws and regulations on railway security, public order, traffic safety, and train riding rules.

2. Check documents, individuals, and goods if there are signs of law violations; they are authorized to inspect the carrying and use of explosives and support tools on trains (except for armed forces performing duties).

3. Use equipment and support tools to prevent law violations and resist against those opposing the execution of official duties on trains according to the law.

4. Implement administrative procedures to temporarily detain individuals who violate the law and escort violators to hand over to the station master, police, or local authorities when the train stops at the nearest station for handling according to the law.

5. Participate in verifying incidents that occur on trains upon request from the head of railway transport enterprises or competent authorities.

Article 7. Support Tools and Equipment of Railway Station Security Forces

1. Railway station security forces may use support tools as prescribed by law while performing their duties.

2. Railway station security forces are equipped with walkie-talkies, cameras, flashlights, and other necessary devices for protecting trains.

Article 8. Uniforms of Railway Station Security Forces

1. The uniforms of railway station security forces include: spring-summer shirts (short-sleeved), autumn-winter shirts (long-sleeved), caps, ties, belts, and other accessories (gloves, socks, shoes, raincoats).

2. Spring-summer shirt:

A short-sleeved shirt with cuffs on the sleeves, standing collar, two chest pockets with flaps, shoulder straps for insignia, gray fabric..

3. Autumn-winter shirt:

a) Black blazer, with two layers of fabric, four flap pockets, V-shaped collar, cuffs, shoulder straps for insignia, four buttons, plastic buttons matching the color of the jacket.

b) Long-sleeved shirt with standing collar, two chest pockets with flaps, shoulder straps for insignia, gray fabric.

c) Black waistcoat worn under the blazer.

4. Trousers: Black fabric, straight leg, moderate width, two side pockets.

5. Cap with top and brim in black, visor and strap in black, yellow velvet trim around the top and brim, two yellow velvet trim lines connecting the visor to the brim.

6. Tie in black.

7. Belt made of black leather, metal buckle.

8. Document case: Black leather (or synthetic leather, fiber) with shoulder strap.

9. Shoes: Black leather, low-cut, lace-up.

10. Socks: Black.

11. Raincoat in trench coat style.

12. The uniforms of railway station security forces must be of good quality, durable, and attractive.

13. The uniform models of railway station security forces are specified in Appendix I attached to this Decree.

Article 9. Insignia and Badges of Railway Station Security Forces

1. Emblem: circular shape with inner circle diameter being 2/3 of the outer circle diameter, red background with a golden five-pointed star, below the star is the golden text "RAILWAY SECURITY", adjacent to the red background is a dark blue background with two golden rice stalks surrounding it. Below the text "RAILWAY SECURITY" is a half-golden wheel with the letters "DSVN" (abbreviation for Vietnam Railways) in black in the center of the wheel. The outer edge of the emblem is golden.

The railway security emblem is attached to the cap, on the sleeve badge of the shirt and blazer, and on the collar badge of the shirt:

a) The emblem on the cap is a circular metal badge with an outer diameter of 35 mm, worn centrally above the visor of the cap along with a white metal pine branch measuring 54 mm high and 64 mm wide.

b) The emblem on the sleeve badge of the shirt and blazer is embroidered with an outer diameter of 35 mm.

c) The emblem on the collar badge of the shirt is a metal badge with an outer diameter of 18 mm.

2. Badges of railway station security forces include badges on the left sleeve of the shirt and blazer, and on the collar of the shirt:

a) The badge on the left sleeve of the shirt and blazer, located 80 mm to 100 mm from the shoulder seam, is shield-shaped with a width of 80 mm and a height of 100 mm, made of blue fabric, with the railway security emblem embroidered in the center, two golden rice stalks on both sides, a yellow border around the shield, and the name of the railway transport enterprise managing the security force embroidered in gold at the top measuring 5 mm high.

b) The collar badge is a parallelogram measuring 55 mm x 35 mm with a black background, featuring the railway security emblem.

3. Single cypress branch made of white metal worn on the collar of the vest.

4. Models of emblems, badges, and single pine branches of railway station security forces are specified in Appendix II attached to this Decree.

Article 10. Rank insignia for security forces on trains

1. The rank insignia for security forces on trains shall be provided to personnel directly engaged in security work on trains and worn on both shoulders of their uniforms to distinguish the positions of security force officers and staff on trains.

Positions of security force officers and staff on trains include: Security Officer, Security Team Leader, Deputy Security Team Leader, Security Team Leader.

2. The rank insignia shall be made of fabric, with a dark blue color, measuring 120 mm in length, 50 mm wide at the outer edge, 40 mm wide at the inner edge, with a pointed end slanting 18 mm, and a yellow velvet border around it, with the following dimensions and colors:

a) Insignia for the Security Team Leader: two horizontal stripes 10 mm wide made of yellow velvet, each stripe spaced 7 mm apart from the other, with two five-pointed yellow stars in between;

b) Insignia for the Deputy Security Team Leader: two horizontal stripes 10 mm wide made of yellow velvet, each stripe spaced 7 mm apart from the other, with one five-pointed yellow star in between;

c) Insignia for the Security Team Leader: one horizontal stripe 10 mm wide made of yellow velvet, with one five-pointed yellow star in between;

d) Insignia for the Security Officer: two V-shaped stripes 10 mm wide made of yellow velvet, each stripe spaced 7 mm apart from the other.

3. The model of the rank insignia for security forces on trains is specified in Appendix III, issued together with this Decree.

Article 11. Nameplate for security forces on trains

1. The nameplate for security forces on trains shall be made of acrylic, measuring 50mm x 84mm, worn on the left chest of the uniform.

2. The upper part of the nameplate has a dark blue background, 11 mm wide, with red letters in the middle indicating the name of the railway transport enterprise directly managing the security officers and staff on trains: height 5 mm, standing upright with full punctuation marks (if not long enough, abbreviations are allowed).

3. The lower part of the nameplate has a white background, with a half-length photograph on the left side; on the right side, the name in bold sky-blue letters, standing upright with full punctuation marks, height 7 mm. Below the name line is the position in bold letters, standing upright with full punctuation marks, height 5 mm. Below the position line is the code number and serial number of the security officer or staff member.

4. The model of the nameplate for security forces on trains is specified in Appendix IV, issued together with this Decree.

Article 12. Issuance and use of equipment, uniforms, badges, rank insignia, and nameplates for security forces on trains

1. The issuance of equipment, uniforms, badges, rank insignia, and nameplates for security forces on trains shall be decided by the head of the railway transport business based on specific operational circumstances.

2. Personnel directly engaged in security work on trains, including Security Officers, Security Team Leaders, Deputy Security Team Leaders, and Security Team Leaders, shall be provided with equipment, uniforms, badges, rank insignia, and nameplates and shall be responsible for:

a) Wear uniforms, badges, rank insignia, and nameplates as prescribed when performing duties;

b) Maintain and preserve all types of equipment, uniforms, badges, rank insignia, and nameplates;

c) Reporting immediately to the enterprise manager in case of loss or damage and bearing responsibility if consequences occur;

d) Strictly prohibiting the lending out of any type of equipment, uniforms, badges, rank insignia, and nameplates of security forces on trains;

đ) When security officers and staff on trains retire, transfer to another job, or are disciplined with dismissal, they must return all equipment, uniforms, badges, rank insignia, and nameplates to the enterprise.

Chapter III

REGIME, POLICY AND EXPENSES

FOR SECURITY FORCES ON TRAINS

Article 13. System and Policies for Railway Protection Forces on Trains

Personnel directly engaged in protection work on trains shall enjoy the following rights, benefits, systems, and policies:

1. Enjoy the rights, benefits, systems, and policies for protection officers and staff as stipulated under current regulations and specific provisions of railway transport enterprises.

2. Receive training and professional development in protection duties and technical skills relevant to their areas of responsibility.

3. Be equipped with various protective equipment, support tools, uniforms, badges, insignias, identification cards, and signs as prescribed in this Decree to perform assigned tasks.

4. In case of injury or death while performing duties, they shall be recognized as war invalids or martyrs and enjoy policies similar to those for war invalids and martyrs as provided by law.

Article 14. Funding for Activities of Railway Protection Forces on Trains

The funding for activities of railway protection forces on trains shall be the responsibility of railway transport enterprises and included in the business expenses of these enterprises.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND

ORGANIZATION FOR RAILWAY PROTECTION FORCES ON TRAINS

Article 15. Responsibilities of the Head of Railway Transport Enterprises

1. Organize the maintenance of order and safety on all trains within the enterprise's management scope. Lead and coordinate with railway traffic inspectors, police, and local authorities to prevent, stop, and handle according to their authority any violations of law on trains, ensuring order and safety for train journeys, protecting the lives, health, and property of passengers and freight customers.

2. Be responsible for providing protective equipment, uniforms, badges, insignias, identification cards, and signs to railway protection forces on trains and other costs for protection activities on passenger and freight trains managed by the enterprise; specify usage periods for protective uniforms, badges, identification cards, insignias, and signs for railway protection forces on trains.

3. Based on the requirements, nature, and scale of the trains, decide on organizational forms, deployment of personnel, training plans, and provision of working tools for railway protection forces on trains. Direct, develop, and implement protection plans and internal rules on trains. Supervise and inspect protection activities on trains.

4. Implement guidance documents on protection work on trains issued by the Ministry of Public Security.

5. Organize training on railway traffic safety operations for railway protection forces on trains as stipulated by the Ministry of Transport.

6. Accept supervision and inspection by state agencies with authority over activities related to protection work on trains.

Article 16. Responsibilities of the Ministry of Public Security

1. Issue permits for purchasing support tools for railway protection forces on trains as prescribed in Clause 1, Article 7 of this Decree. Specify registration procedures, training on the use, and issuance of permits for using support tools for railway protection forces on trains.

2. Develop programs and contents for professional training, organize professional training for railway protection forces on trains; issue Certificates of completion of professional training for railway protection forces on trains.

3. Specify coordination between police forces and railway protection forces on trains to ensure safety, security, and order on trains.

4. Lead the organization of inspections on the implementation of regulations regarding the management and use of support tools and protection operations of railway protection forces on trains, and handle violations according to the law.

Article 17. Responsibilities of the Ministry of Transport

1. Coordinate with the Ministry of Public Security to develop contents for professional training for railway protection forces on trains.

2. Lead the organization of inspections and monitoring of the implementation of protection activities on trains for railway transport enterprises.

Article 18. Responsibilities of local authorities where railway lines pass through

1. Propaganda, dissemination, and education on railway laws for local residents.

2. Direct local police forces to cooperate with railway protection forces on trains to promptly prevent and handle acts infringing upon the health, lives, and property of passengers and freight customers, as well as acts violating traffic safety laws concerning railways.

Chapter V

REWARD AND DISCIPLINARY ACTION

Article 19. Reward

Collectives and individuals performing railway protection duties who achieve outstanding results in railway protection work and in mass movements for national security shall be rewarded in accordance with the provisions of the law.

Article 20. Disciplinary and Violation Handling

Collectives and individuals performing railway protection duties who abuse their assigned tasks and powers to commit violations of enterprise regulations and laws shall be subject to disciplinary action under enterprise regulations, administrative penalties, or criminal liability追究企业规章制度和法律法规的刑事责任，具体处理方式根据违规性质和程度而定。

Chapter VI

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 22. Responsibility for enforcement

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.