Decree No. 69/2015/ND-CP Amending and supplementing some articles of the Charter on organization and operation of Vietnam Railway Corporation issued together with Decree No. 175/2013/ND-CP dated November 13, 2013 of the Government.

DECREE

Amending and supplementing certain Articles of 3. Amend Clause 3 Article 2 as follows:Articles on the organization and operation of TState corporation3. Amend Clause 3 Article 2 as follows:Railways Vstrict N |||am Circular No. 04/2017/TT-BGDĐT dated January 25, 2017 N |||Decree number 175/2013/NĐ-CPdated November 13, 2013 Cof the GovernmentDeputy ministers of ministerial-level agencies,

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

Based on the Enterprise Law dated November 26, 2014;

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 99/2012/NĐ-CP dated November 15, 2012 of the Government on the division of responsibilities between the State owner and state-owned enterprises;

At the proposal of the Minister of Transport,

The Government promulgates this Decree amending and supplementing certain provisions of the Articles on the organization and operation of Vietnam Railway Corporation issued together with Decree No. 175/2013/NĐ-CP dated November 13, 2013 of the Government.

Article 1. Amending and supplementing certain provisions of the Articles on the organization and operation of Vietnam Railway Corporation issued together with Decree No. 175/2013/NĐ-CP dated November 13, 2013 (hereinafter referred to as Decree No. 175/2013/NĐ-CP):

1. Point a Clause 1 Article 1 shall be amended and supplemented as follows:

"a) "Vietnam Railway Corporation" is the parent company in the group of parent companies - subsidiary companies of Vietnam Railway Corporation, converted from a state-owned enterprise into a limited liability company with one member owned by the State according to Decision No. 973/QĐ-TTg dated June 25, 2010 of

2. Clause 2 of Article 4 is amended and supplemented as follows:

"2. Vietnam Railway Corporation directly produces, operates, and invests financially in its subsidiaries and associated companies; coordinates and guides the activities of its subsidiaries and associated companies according to the proportion of subscribed capital held in those companies as prescribed by law and these Articles; manages and exploits effectively the housing and land funds allocated or leased by the State; organizes rescue operations, ensures security, public order, and railway transportation safety as prescribed."

3. Article 14 shall be amended and supplemented as follows:

a) Clause 1 Article 14 shall be amended and supplemented as follows:

"1. Develop plans for investment, renovation, and upgrading of railway infrastructure to submit to the Ministry of Transport; prepare budget estimates for managing and maintaining railway infrastructure; develop contingency plans for responding to natural disasters and railway rescue operations to submit for approval by competent state authorities."

b) Clause 4 Article 14 shall be amended and supplemented as follows:

"4. Organize a business structure to operate railway infrastructure invested in by the State according to the provisions of law."

c) Clause 5 Article 14 shall be amended and supplemented as follows:

"5. Investment plans for basic construction funded by the state budget and economic service funds allocated in the state budget of the Ministry of Transport."

d) Clause 6 Article 14 shall be amended and supplemented as follows:

"6. Accept new construction projects of national railway infrastructure invested in by the State upon completion when the State transfers them for business according to the provisions of law."

đ) Clause 9 Article 14 shall be amended and supplemented as follows:

"9. Develop and submit to competent state authorities for approval a framework price for leasing the use of national railway infrastructure; propose and recommend to competent state authorities to supplement and amend technical and economic standards for managing, operating, and maintaining national railway infrastructure according to the provisions of law."

e) Clause 10 Article 14 shall be amended and supplemented as follows:

"10. Propose and recommend to competent state authorities to issue prices for public utility products and services produced by Vietnam Railway Corporation for maintenance and repair of national railway infrastructure according to the provisions of law."

4. Article 18 shall be supplemented with Clause 4a as follows:

"4a. Implement technical management of railway infrastructure to ensure train safety and railway traffic safety. Organize rescue operations, ensure security, public order, and railway transportation safety as prescribed."

5. Clause 6 Article 24 shall be amended and supplemented as follows:

"6. Approve strategic plans, production and business plans, five-year development plans, annual project lists of Group A and B investments of Vietnam Railway Corporation and notify the Ministry of Planning and Investment and the Ministry of Finance for consolidation and supervision."

6. Article 29 is amended and supplemented as follows:

"Article 29. Supervisors
1. Vietnam Railway Corporation has from one to three Supervisors appointed, reappointed, relieved of duty, resigned, rewarded, disciplined, evaluated, and paid salaries by the Minister of Transport. 2. Standards, conditions, operational systems, duties, rights, obligations of Supervisors and relationships between Supervisors and related agencies and organizations shall be implemented according to the provisions of law."

7. Clause 2 Article 30 shall be amended and supplemented as follows:

"The organizational structure for management and operation of Vietnam Railway Corporation may change to meet business requirements during operation, after obtaining approval from the owner and deciding to adjust, amend, and supplement these Articles."

8. Clause 1 Article 44 shall be amended and supplemented as follows:

"Vietnam Railway Corporation has five Deputy General Directors and one Chief Accountant appointed, relieved of duty, dismissed, contracted, terminated contracts, determined salary levels and other benefits by the Board of Members based on the General Director's proposal."

9. Supplement the following units in Appendix I Section A: Hanoi Railway Operation Branch; Lao Cai Railway Operation Branch; Ha Lao Railway Operation Branch; Ha Lang Railway Operation Branch; Ha Thai Hai Railway Operation Branch; Ha Thanh Railway Operation Branch; Nghe Tinh Railway Operation Branch; Thua Thien Hue Railway Operation Branch; Nghia Binh Railway Operation Branch; Phu Khanh Railway Operation Branch; Saigon Railway Operation Branch; Dong Dang Station Branch.

10. Supplement Appendix II:

a) Section I: Supplement the list of companies held 100% of the subscribed capital by Vietnam Railway Corporation with Hanoi Railway Transport Limited Liability Company, Ho Chi Minh City Railway Transport Limited Liability Company, and Gia Lam Train Limited Liability Company.

b) Section III: Supplementing the following companies to the list of companies held by Vietnam Railway Corporation with less than 50% of charter capital: Investment and Development Infrastructure and Urban Railways Joint Stock Company; Transportation Investment and Construction Joint Stock Company; Ho Chi Minh City Railway Printing Joint Stock Company; and Railway Printing Joint Stock Company.

Article 2. Implementation clause

1. This Decree takes effect from October 10, 2015.

2. Repealing Point o Clause 1 Article 1; Clause 3 Article 2; Clauses 2, 3, 8, 15, 16 and 17 Article 14; Clauses 3, 4, 5 Section A, Clauses 5, 9 and 10 Section B Appendix I; Clauses 22, 23, 24 Section I; Clauses 1, 3 and 7 Section II; Clauses 13, 14 and 16 Section III Appendix II of Decree No. 175/2013/NĐ-CP.

3. Replacing the phrase "Vietnam Railway" with the phrase "Vietnam Railway Corporation" and replacing the phrase "parent company - subsidiary company complex" with the phrase "parent company - subsidiary company group" from Article 1 to Article 73 and two appendices attached to Decree No. 175/2013/NĐ-CP.

Article 3. Implementation Organization

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