JOINT CIRCULAR No. 69-TTLB GUIDING THE PREVENTION AND RESOLUTION OF PERSONAL ACCIDENTS IN RAILWAY TRAFFIC

JOINT CIRCULAR

DECISION NO. 69-TTLB OF FEBRUARY 22, 1993 ISSUED BY THE MINISTRY OF TRANSPORT AND THE MINISTRY OF INTERNAL AFFAIRS GUIDING THE PREVENTION AND RESOLUTION OF PERSONAL INJURY ACCIDENTS ON RAILWAY TRAFFIC

RESPONSIBLE FOR PREVENTION AND RESOLUTION OF PERSONNEL ACCIDENTS IN RAILWAY TRAFFIC

RAILWAY TRAFFIC REGULATIONS 

Pursuant to Decree No. 120-CP dated August 12, 1963 of the Council of Ministers promulgating the Regulations on the scope, limits of railway land, and traffic safety for railway transportation, Decision No. 290-CT dated November 2, 1982 of the Chairman of the Council of Ministers (now Prime Minister) on "Strengthening work to protect order and safety in railway transportation";

To ensure the lives of citizens and maintain order and safety in railway traffic, the Ministry of Transport and the Ministry of Internal Affairs guide the prevention and resolution of personal injury accidents in railway traffic as follows:

1. Personal injury accidents in railway traffic referred to in this Joint Circular include:

- Train strikes, displaces, or injures people causing death or injury within the safe limit of railway land.

- People falling off trains, jumping from trains, sitting on top of trains being struck and killed or injured by bridges, tunnels, or obstacles.

- People on trains being hit by thrown rocks, wood, or goods causing death or injury.

- Cases where people die or are injured due to derailment, train overturning, fire, explosion, etc., emergency care, burial, and compensation for victims shall be handled according to the provisions of this Joint Circular.

2. The limit of railway land includes lands and airspace assigned by the State to the railway sector for railway transportation activities. No individual or organization may encroach upon it. At level crossings and shared bridges, everyone including drivers of road vehicles must follow the guidance of crossing attendants. Alongside rural level crossings, railway bridges, and along the railway tracks, pedestrians and drivers of various modes of transport must take responsibility for their own safety when operating within the railway limit. People in stations and passengers on trains must comply with transportation regulations, station rules, and train rules. Railway staff, train protection police, and local station police have the responsibility to inspect and guide everyone to comply with train riding rules.

3. Local authorities and public security organs along railway routes, traffic police forces, and the railway sector are responsible for mobilizing and promoting awareness of railway transportation traffic safety regulations so that they can be strictly followed. Those who intentionally violate these regulations will be dealt with seriously according to the Administrative Offense Sanction Ordinance or prosecuted criminally depending on the nature and severity of the violation.

4. The railway sector ensures the safety of passenger and cargo transportation vehicles; along railway tracks, at level crossings, and shared bridges with roads, crossing attendants must set up sufficient traffic signs and equipment in accordance with regulations. Railway staff in all fields must strictly adhere to procedures and norms to ensure train operation safety and passenger safety.

5. When minor accidents occur:

- If there is local traffic police at the scene, the local traffic police are responsible for organizing rescue of the injured, investigating the accident site, collecting evidence to determine the cause of the accident, and cooperating with train protection police, train captains, station masters, and railway staff to resolve the issue. If there is no local traffic police, the train protection police must organize rescue of the injured, investigate the accident site, collect evidence, prepare initial documentation to determine the cause of the accident, then transfer it to the nearest district or county traffic police for further handling. Train captains, station masters, and railway staff must participate in rescuing victims and quickly resolving consequences to restore traffic.

- In cases where there is no train protection police or local traffic police, train captains, station masters, drivers, or railway staff must organize rescue of the injured, handle consequences according to the railway sector's traffic accident resolution rules. Quickly restore traffic, collect and preserve evidence, prepare initial documentation, and hand over to the district or county public security organ for further handling.

6. For serious accidents resulting in significant consequences (three deaths or four severe injuries or more), with complex circumstances, or indications of criminal activity, train protection police, train captains, station masters, drivers, and railway staff must preserve the accident scene intact and immediately report to the nearest investigation agency for resolution. If the scene affects train operations, train protection police, station masters, train captains, and drivers must mark the victim's position, move them out of the railway limit, prepare a record, draw a diagram, and note relevant traces related to the accident on locomotives or carriages to allow continued train operation. The record must be signed by witnesses, and someone must remain to protect the scene and assist investigators during examination.

7. In all cases of personal injury accidents in railway traffic, it must be ensured that the injured are rescued, traffic is restored as quickly as possible, and no difficulties are created for investigation and resolution work.

The authority handling the case has the duty to conclude the cause of the accident, notify the victim or the victim's family, the railway sector, the People's Committee of the commune or ward where the accident occurred, and other relevant agencies.

8. In cases where the victim is a foreigner, after providing first aid and preparing the traffic police and district or county public security documentation, the local traffic police and public security must immediately report and transfer the file to the provincial or municipal public security for coordination with the foreign affairs agency to resolve the matter.

9. In cases where the victim dies, after investigating the scene and conducting an autopsy, the documentation is handed over to:

- The family or the victim's organization for burial.

- In other cases, the railway sector will coordinate with the People's Committee of the commune or ward to organize the burial.

10. Initial documentation of an accident includes the following main documents:

- Inspection report of the accident site (with attached diagram)

- Autopsy report (if the victim died)

- Victim's statement or report (if able to speak or write)

- Statement recording report or report of witnesses (at least two unrelated individuals)

- Report or statement of relevant railway staff

In cases where the station master, train conductor, driver, or railway staff handle the initial case file, it shall include:

- Accident report (with attached diagram)

- Victim's statement or report (if able to speak or write)

- Witness report (at least two unrelated individuals)

- Report of relevant railway staff

- Handover report of the victim to the family or the victim's agency

This file shall be made in duplicate; one copy shall be handed over to the district police within 48 hours after the accident occurs; the other copy shall be submitted to the regional safety supervision department.

11. Costs associated with handling accidents shall be borne by the party at fault according to the principle that whoever causes the fault bears the responsibility. Individuals and agencies involved shall resolve consequences based on the investigation conclusion of the public security agency or the court's decision. When an accident occurs, the People's Committee, local agencies, and railway authorities have the responsibility to closely cooperate to resolve issues in accordance with state policies and regulations.

12. Any organization or individual obstructing train operations or opposing state officials while they are performing their duties shall be dealt with according to the law depending on the severity of the violation.

The Vietnam Railway Corporation and the General Police Department shall coordinate with the People's Committees of localities through which railways pass, and related agencies to disseminate the contents of this joint ministerial circular among the people, especially those living along railway lines, and to effectively implement the Circular.