Decision No. 61/2007/QD-BGTVT Issuing regulations on types of railway business enterprises that must have Safety Certificates and conditions, procedures, and formalities for issuing Safety Certificates

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution.

On types of railway business enterprises that must have safety certificates and conditions, procedures, and formalities for issuing safety certificates

(Issued together with Decision No. 61/2007/QĐ-BGTVT dated December 24, 2007 of the Minister of Transport)

These regulations stipulate the types of railway business enterprises that must have safety certificates and conditions, procedures, and formalities for issuing safety certificates.

Chapter I

General Provisions

Article 1. Scope of Regulation

1. These regulations apply to organizations and individuals conducting railway business on national railway networks, urban railways, and dedicated railways connected or not connected to the national railway network.

Article 2. Applicability

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from these regulations, the provisions of such international treaties shall be applied.

Types of railway business enterprises

Chapter II

that must have safety certificates, models of safety certificates, and authorities issuing safety certificates

Article 3. Types of railway business enterprises that must have safety certificates

Railway business enterprises that must have valid safety certificates include the following types:

1. Railway transport business enterprises;

2. Railway infrastructure business enterprises.

1. A safety certificate is a document issued by the competent state management agency certifying that a railway business enterprise meets all safety conditions as prescribed and is eligible to engage in railway business.

Article 4. Safety Certificate

2. The model of the safety certificate is specified in Appendix 1 of these regulations.

3. The validity period of the safety certificate is five years. One month before the expiration date of the safety certificate, the enterprise must submit an application to the competent state management agency to obtain a new safety certificate.

The Vietnam Railways Administration is the authority responsible for managing and issuing safety certificates to enterprises that meet the conditions stipulated in these regulations.

Article 5. Management and Issuing Authority for Safety Certificates

Conditions for obtaining a safety certificate and procedures for issuing a safety certificate

Chapter III

Article 6. Conditions for obtaining a safety certificate for railway infrastructure business enterprises

a) Railway infrastructure must comply with published technical standards, ensuring safe train operation at prescribed speed and load limits.

b) Special-purpose vehicles moving on the railway for maintenance, repair, and upkeep of railway infrastructure owned by the enterprise or leased by the enterprise must be compatible with the railway infrastructure and must hold valid registration certificates for railway transportation equipment, quality standards certificates, technical safety certificates, and environmental protection certificates.

1. Regarding material and technical facilities

 Regarding human resources

a) There must be a senior manager of the enterprise responsible for safety matters who holds a bachelor's degree in railway engineering and has at least three years of direct management experience in railway infrastructure.

2. b) Positions of railway staff directly involved in train operations must hold appropriate professional qualifications. Specifically, those operating special-purpose railway vehicles must hold a special-purpose railway vehicle driving license.

3. Regarding organization and management of maintenance, repair, and upkeep of railway infrastructure

 a) There must be a staffing plan for bridge patrols, tunnel patrols, track patrols, shared bridge watchmen, tunnel watchmen, level crossing watchmen, and maintenance, repair, and upkeep of railway infrastructure in accordance with technical standards and characteristics of the railway infrastructure managed by the enterprise.

 b) There must be plans and procedures for managing, maintaining, repairing, and ensuring the technical quality of railway infrastructure.

 c) There must be complete technical management files for railway infrastructure as required.

d) There must be complete acceptance records of the technical quality of railway infrastructure as required.

e) There must be rescue and emergency response plans in case of accidents or incidents.

d) Possess complete technical quality acceptance records for railway infrastructure in accordance with regulations.

đ) Have rescue and emergency response plans in case of accidents or incidents.

Article 7. Conditions for Issuing Safety Certificates to Railway Transport Enterprises

1. Regarding material and technical facilities

a) The railway transportation means of the enterprise or those leased by the enterprise must be compatible with the railway infrastructure and have valid registration certificates for railway transportation means, quality certificates, technical safety certificates, and environmental protection certificates.

b) The enterprise must arrange ticket offices, waiting rooms for trains, passenger platforms, cargo platforms, cargo yards, and standard equipment to serve passenger and cargo transportation services.

2. Regarding Human Resources

a) There must be an enterprise leader responsible for safety matters who has a university degree in railway transport and at least three years of management experience in railway transport.

b) Railway staff directly serving train operations must hold relevant professional qualifications matching their positions, meet health standards as stipulated by labor laws, and receive occupational safety training as required by law.

3. Regarding Transportation Organization

Railway transport enterprises must have the following plans:

a) A plan for organizing train operations according to registered routes, ensuring compliance with published schedules;

b) A plan for arranging human resources to serve passenger and freight trains and personnel at stations suitable for the characteristics of the trains and stations;

c) A plan for ensuring safe train operations;

d) An emergency rescue and accident response plan.

Article 8. Procedures for Issuing Safety Certificates

1. The enterprise prepares and submits an application dossier for a safety certificate to the Vietnam Railway Administration.

2. The application dossier for a safety certificate includes:

a) A request letter for a safety certificate in the format prescribed in Appendix 2 of this Regulation;

b) A report detailing the conditions for obtaining a safety certificate as specified in Articles 6 and 7 of this Regulation.

3. Upon receipt of the application dossier for a safety certificate, the Vietnam Railway Administration shall notify the enterprise of the dossier's validity and any issues requiring supplementation within seven working days from the date of receipt.

4. The Vietnam Railway Administration is responsible for reviewing the conditions for issuing safety certificates, making decisions, and issuing safety certificates to enterprises within thirty days from the date of receiving complete and valid dossiers.

Article 9. Revocation of Safety Certificates

1. Enterprises will have their safety certificates temporarily revoked in the following cases:

a) If serious accidents occur due to subjective reasons and the enterprise fails to promptly implement corrective measures;

b) If any condition for obtaining a safety certificate does not comply with regulations.

2. Enterprises will have their safety certificates permanently revoked if they lose their business registration certificates for railway operations or if competent authorities decide to suspend their railway business activities.

3. When an enterprise's safety certificate is temporarily revoked, it may still engage in railway operations but must promptly address the consequences of accidents, eliminate causes of accidents, or supplement unmet conditions for obtaining a safety certificate as specified in Articles 6 and 7 of this Regulation.

4. During the period when a safety certificate is temporarily revoked, the enterprise's railway operations will be subject to supervision as follows:

a) The Vietnam Railway Corporation will supervise safety for enterprises under its jurisdiction that have had their safety certificates temporarily revoked;

b) The Vietnam Railway Administration will supervise safety for enterprises not under the jurisdiction of the Vietnam Railway Corporation that have had their safety certificates temporarily revoked.

Article 10. Reissuing Safety Certificates

1. Safety certificates shall be reissued to businesses that have lost their certificates or had them temporarily revoked in the following cases:

a) There is sufficient evidence confirming the loss of the safety certificate;

b) The business demonstrates that it has addressed the cause of the accident and has implemented all necessary measures to ensure subsequent safety;

c) When the conditions specified for the type of business under Articles 6 and 7 of this Regulation are met;

d) Upon issuance of a new business registration certificate for railway operations or when authorized authorities permit resumption of railway business activities.

2. The application dossier for reissuing a safety certificate includes:

a) A letter requesting reissuance of the safety certificate;

b) Reports proving that all required conditions have been fully supplemented as stipulated in Clause 1 of this Article.

 Article 11. Exchanging Safety Certificates

1. Safety certificates shall be exchanged in the following cases:

a) The safety certificate is damaged or worn out;

b) The safety certificate has expired.

2. The application dossier for exchanging a safety certificate includes:

a) A letter requesting exchange of the safety certificate;

b) The original safety certificate that is damaged, worn out, or has expired.

Article 12. Fees

Businesses newly issued, reissued, or exchanged safety certificates must pay fees to the issuing authority according to the provisions of the law.

Article 13. Transitional Provisions

Chapter IV

Implementation

Within 24 months from the date this Regulation takes effect, businesses operating railway business activities as stipulated in Article 3 of this Regulation must complete procedures to obtain safety certificates.

Article 14. Responsibilities of Railway Business Enterprises

1. Shall be responsible for the accuracy of the explanatory reports in the application dossier for obtaining a safety certificate as stipulated in Clause 2 of Article 8 of this Regulation.

2. Manage the safety certificate and present it upon request by competent authorities.

3. Maintain and ensure safety conditions throughout the production and business process.

1. Notify enterprises required to have safety certificates and guide them on procedures for obtaining safety certificates.

 Article 15. Responsibilities of the Vietnam Railway Administration

2. Organize verification of safety certificate issuance conditions for businesses and issue safety certificates according to regulations.

3. Implement and direct related units to implement this Regulation.

4. Take the lead and coordinate with relevant agencies annually to organize inspections and checks on compliance with this Regulation at railway business enterprises and handle violations according to the law.

5. Summarize arising issues and report to the Ministry of Transport for resolution.

6. Shall be accountable under the law and to the Minister of Transport for issuing, exchanging, reissuing, and revoking safety certificates./.

6. Shall be liable under the law and to the Minister of Transport for issuing new, replacing, reissuing, and revoking safety certificates./.