Circular No. 76/2015/TT-BGTVT on the management of examination, issuance, reissuance, and revocation of railway locomotive driving licenses.

CIRCULAR

Provisions on management, issuance, reissuance, and revocation of railway locomotive driving licenses. Examination and issuance of new, reissued, and revoked railway locomotive driving licenses.organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

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Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 14/2015/NĐ-CP dated February 13, 2015 of the Government detailing implementation of certain provisions.i tipoliciestions.No. Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating functions, tasks, organization, and staffing.onconstruction and publication of load orders and speed orders on national railways, urban railways running concurrently with national railways, and dedicated railways.

At the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Railway Administration,

The Minister of Transport issues this Circular on the management, examination, issuance, reissuance, and revocation of railway locomotive driving licenses.intention of examination, issuance, reissuance, and revocation of railway locomotive driving licenses for persons directly controlling railway transportation means operating on national railways, urban railways, and dedicated railways.June 2024;railway carriage.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the management, examination, issuance, reissuance, and revocation of railway locomotive driving licenses for persons directly controlling railway transportation means operating on national railways, urban railways, and dedicated railways.

Article 2. Applicability

1. This Circular applies to organizations and individuals involved in the management, examination, issuance, reissuance, and revocation of railway locomotive driving licenses on national railways, urban railways, and dedicated railways.

2. This Circular does not apply to persons directly controlling railway transportation means within the inspection depot area of urban railways; within the internal areas of dedicated railways directly serving production lines of enterprises without passing through residential areas or intersecting with road systems.

Chapter II

RAILWAY LOCOMOTIVE DRIVING LICENSE AND USE OF THE LICENSE

Article 3. Railway Locomotive Driving License

1. The railway locomotive driving license includes the following types:

a) Diesel locomotive driving license (applicable to both diesel-powered train cars);

b) Electric locomotive driving license (applicable to both electric-powered train cars);

c) Steam locomotive driving license;

d) Dedicated railway vehicle driving license;

đ) Urban rail train driving license.

2. The railway locomotive driving license has a validity period of ten years from the date of issuance.

3. The form of the railway locomotive driving license is specified in Appendix 1 of this Circular.

Article 4. Use of Railway Locomotive Driving License

1. The person holding the license may only control the type of railway transportation means specified in the license and must carry the license when driving the train.

2. Persons holding a diesel locomotive driving license or an electric locomotive driving license are permitted to drive dedicated railway vehicles but must meet the conditions stipulated in Article 15 of this Circular.

3. If a driver does not hold the position specified in the license for twelve months or more, the license becomes invalid; if they wish to resume the position, they must undergo examination and obtain a new railway locomotive driving license according to the provisions of Article 11 of this Circular.

Article 5. Revocation of Railway Locomotive Driving License

1. The railway locomotive driving license shall be revoked in the following cases:

a) Issued to a person who does not meet the conditions stipulated in Article 10 of this Circular;

b) Engaging in fraudulent behavior in the application process for new issuance or reissuance as stipulated in Articles 11 and 12 of this Circular.

2. The Vietnam Railway Administration is responsible for issuing the decision to revoke the railway locomotive driving license; the enterprise directly managing the drivers is responsible for revoking the license and sending it back to the Vietnam Railway Administration.

Chapter III

MANAGEMENT OF EXAMINATION, ISSUANCE, AND REISSUANCE OF RAILWAY LOCOMOTIVE DRIVING LICENSES

Article 6. Content and Procedure of Examination for Issuance of Railway Locomotive Driving Licenses

1. The examination content consists of two parts:

a) Theoretical examination;

b) Practical examination.

2. The procedure for examination and issuance of railway locomotive driving licenses shall be carried out in accordance with the regulations of the Ministry of Transport.

Article 7. Examination Venue

The examination venue shall be arranged by the enterprise. The enterprise must arrange manpower, infrastructure, railway transportation equipment, specialized equipment, and operational railway lines to ensure the conduct of examinations as prescribed in Clause 1 of Article 6 of this Circular.

Article 8. Examination Board for Issuing Train Driver Licenses

1. The Examination Board for Issuing Train Driver Licenses (Examination Board) shall be established by the Director of the Vietnam Railway Administration.

2. The Examination Board shall consist of from five to seven members, including:

a) The Chairman of the Examination Board shall be the Director of the Vietnam Railway Administration or a person authorized by the Director of the Vietnam Railway Administration.

b) The Vice-Chairman of the Examination Board shall be the leader of the enterprise where the examination venue is located.

c) Other members of the Examination Board shall be determined by the Director of the Vietnam Railway Administration.

3. Principles of Operation:

a) The Examination Board shall only operate when the Chairman and at least 60% of the total number of members are present.

b) The conclusion of the Examination Board's assessment shall only be effective if at least 80% of the members present agree.

c) The Examination Board shall dissolve itself upon completion of its tasks.

4. Duties and Authorities of the Examination Board:

a) Directing and inspecting the preparation work for the examination period.

b) Leading the development and submitting to the Vietnam Railway Administration for approval of the examination content before organizing the examination period.

c) Directing the examination in accordance with the regulations of the Ministry of Transport.

d) Disseminating, guiding the examination content, procedures, and other necessary regulations to the examiners.

đ) Arranging the examination schedule and organizing the examination.

e) Temporarily suspending the examination and reporting to the Director of the Vietnam Railway Administration when the conditions for organizing the examination period are not met.

g) Summarizing the examination results and preparing minutes, storing examination-related documents at the Vietnam Railway Administration.

h) Deciding on handling and resolving violations of the examination procedures reported by the Examination Team.

Article 9. Examination Team

1. The Examination Team shall be established by the Director of the Vietnam Railway Administration, directly under the direction of the Examination Board.

2. The Examination Team shall have at least five members, including a team leader, theoretical examiners, and practical examiners. The leader of the Examination Team shall be a civil servant of the Vietnam Railway Administration, while the examiners shall be employees of enterprises with candidates participating in the examination period and employees of related training institutions.

3. Qualifications of Examiners:

a) Good moral character and relevant expertise.

b) Having completed a training course on train driver examination procedures organized by the Vietnam Railway Administration and holding an examiner card. Theoretical examiners must have at least three years of work experience related to train driving, practical examiners must have at least three years of direct experience in the role of train driver, and urban rail train drivers must have at least one year of direct experience in the role of urban rail train driver.

4. The content of the train driver examination training course is stipulated in Appendix 2 of this Circular.

5. Duties and Authorities of the Examination Team:

a) Assisting the Examination Board in developing examination content for submission to the Vietnam Railway Administration for approval.

b) Inspecting the standards and specifications of examination equipment and specialized equipment, and ensuring safety measures for the examination period.

c) Disseminating examination content and procedures, and checking compliance with examination rules.

d) Grading and summarizing examination results to report to the Examination Board.

đ) Examiners are directly responsible for grading results. The leader of the Examination Team is generally responsible for examination results.

e) Preparing minutes and handling cases of examination rule violations within their authority, or reporting to the Chairman of the Examination Board for resolution if beyond their authority.

6. The Examination Team shall dissolve itself upon completion of its tasks.

Article 10. Conditions for examination and issuance of a railway locomotive driving license

1. For the position of railway locomotive driver on national railways and dedicated railways:

a) A citizen of the Socialist Republic of Vietnam who has full civil rights, aged between 23 and 55 for males, and between 23 and 50 for females, with sufficient health to operate railway transportation vehicles according to the regulations of the Ministry of Health;

b) Has obtained a certificate or diploma in railway transportation vehicle driving issued by a training institution;

c) Has served continuously as an assistant railway locomotive driver safely for at least 24 months.

2. For the position of railway locomotive driver on urban railways:

a) Age not exceeding 55 years for males and not exceeding 50 years for females; holding a certificate confirming compliance with health standards for railway locomotive driving as prescribed by the Ministry of Health;

b) Holding a certificate or diploma in urban railway locomotive driving training.

3. Having complete documentation as stipulated in Article 11 of this Circular.

Article 11. Procedures for examination and issuance of new railway locomotive driving licenses

1. Implementation procedures

a) Enterprises or individuals requiring examination and issuance of a railway locomotive driving license shall submit one set of documents directly or through postal services or other appropriate means to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and review the documents. Within two days from the date of receiving the documents, the Vietnam Railway Administration shall notify in writing the enterprise or individual of the examination time and place if the documents are complete and valid according to the regulations, or guide the enterprise or individual to complete the documents if they are incomplete. Within three working days from the date of examination results, the Vietnam Railway Administration shall issue a railway locomotive driving license to those recognized as meeting the examination requirements.

2. Documents for requesting examination and issuance of a new railway locomotive driving license include:

a) An application form for examination and issuance of a new railway locomotive driving license as prescribed in Appendix 3 of this Circular;

b) A letter requesting organization of examination and issuance of a railway locomotive driving license by the enterprise as prescribed in Appendix 4 of this Circular;

c) A certificate confirming compliance with health standards for railway locomotive driving as prescribed by the Ministry of Health;

d) A certified copy or a copy accompanied by the original for verification of the certificate or diploma;

đ) Three color photographs measuring 3x4 cm taken within six months from the date of submission of the documents.

3. The examination documents for issuing a railway locomotive driving license as stipulated in Clause 2 of this Article shall be stored at the Vietnam Railway Administration for five years. Destruction of expired documents shall be carried out according to current regulations.

Article 12. Procedures for reissuing a railway locomotive driving license

1. A railway locomotive driving license shall be reissued in the following cases:

a) Upon expiration of its validity period;

b) If it is damaged or lost.

"2. Implementation procedures:"

a) Before the railway locomotive driving license expires or becomes damaged or lost, the individual requiring reissue must submit one set of documents for reissuance of the license directly or through postal services or other appropriate means to the Vietnam Railway Administration;

b) The Vietnam Railway Administration shall receive and review the documents. If the documents are incomplete according to the regulations, the organization or individual shall be guided to complete them immediately on the same working day (for direct submission) or within two working days from the date of receipt of the documents (for submission through postal services or other appropriate means). If the documents are complete, the license shall be reissued within three working days from the date of receipt of the documents. If reissuance is not granted, a written response with the reasons shall be provided.

3. Documents for requesting reissuance of a railway locomotive driving license include:

a) An application form for reissuance of a railway locomotive driving license confirmed by the head of the directly managing unit as prescribed in Appendix 5 of this Circular;

b) A certificate confirming compliance with health standards for railway locomotive driving as prescribed by the Ministry of Health;

c) Three color photographs measuring 3x4 cm taken within six months from the date of submission of the documents.

4. The reissuance documents for a railway locomotive driving license as stipulated in Clause 3 of this Article shall be stored at the Vietnam Railway Administration for five years. Destruction of expired documents shall be carried out according to current regulations.

Article 13. Fees and charges for examination and issuance of driving licenses for locomotives

Persons participating in the examination for issuance of a driving license or requesting reissuance of a driving license must pay fees and charges as prescribed by the Ministry of Finance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Responsibilities of the Vietnam Railway Administration

1. Managing examinations, issuing new and reissuing driving licenses for locomotives. Developing plans and organizing examinations on the principle of providing maximum convenience for enterprises that have registered.

2. Providing professional guidance and inspecting examination activities.

3. Building training and upgrading plans for examination officers.

4. Establishing forms and record books related to the management of examinations and issuance of driving licenses.

5. Storing and preserving examination records, issuance of new and reissued driving licenses, and revocation of driving licenses for locomotives.

Article 15. Responsibilities of enterprises using locomotive drivers

Training and organizing professional inspections for locomotive drivers before changing railway routes or types of rail transport vehicles according to Clause 2, Article 4 of this Circular and only allowing transfers for those drivers who meet the requirements.

Article 16. Effective Date

This Circular takes effect from February 1, 2016. The following provisions are abolished:

1. Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005, issued by the Minister of Transport on the Regulations on Management of Examinations, Issuance, Replacement, and Revocation of Driving Licenses for Locomotives.

2. Article 1 of Decision No. 37/2007/QĐ-BGTVT dated August 7, 2007, issued by the Minister of Transport amending and supplementing "Regulations on Management of Examinations, Issuance, Replacement, and Revocation of Driving Licenses for Locomotives" promulgated together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005, and "Provisions on Content and Procedures for Examination and Issuance of Driving Licenses for Locomotives on Railways" promulgated together with Decision No. 37/2006/QĐ-BGTVT dated November 1, 2006, issued by the Minister of Transport.

3. Circular No. 04/2011/TT-BGTVT dated February 22, 2011, issued by the Minister of Transport amending and supplementing certain articles related to administrative procedures of the Regulations on Management of Examinations, Issuance, Replacement, and Revocation of Driving Licenses for Locomotives promulgated together with Decision No. 44/2005/QĐ-BGTVT dated September 22, 2005, issued by the Minister of Transport.

Article 17. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals related shall be responsible for enforcing this Circular./.