Circular No. 78/2015/TT-BGTVT on the construction, issuance, and publication of load orders, speed orders, and train operation diagrams on national railway lines

CIRCULAR

Provisions on the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.

Provisions on the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.a

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Pursuant to the Railway Law dated June 14, 2005;

Based on Decree No. 14/2015/NĐ-CP dated February 13, 2015 of the Government detailing and guiding the implementation of the Law on Railways;i and implementing the Law on Railways; Pursuant to Decree No. 11/2020/NĐ-CP dated October 15, 2020 of the Government detailing implementation of certain provisions and measures for organizing the implementation of the Law on Petitions;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 DecreeNo. The Minister of Transport issues this Circular providing for the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.

At the proposal of the Director of the Transport Department and the Director of the Vietnam Railway Administration,

This Circular provides for the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.No. This Circular applies to organizations and individuals related to the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways. trrailắThis Circular stipulates regulations on passenger transport and baggage transport on national railway and dedicated railway connected to the national railway.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.

Article 2. Applicability

This Circular applies to organizations and individuals related to the construction, issuance, and publication of load orders, speed orders, and train schedules on national railways.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Load-bearing capacity of railway infrastructureof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs: is the ability to pass through determined by factors such as axle load, uniform load, maximum train speed (Vmax) on a section of railway track; the passing capacity of stations, and the railway signaling system.Train schedule

2. : is the basis for organizing train operations, developed annually, periodically, and seasonally for each section, zone, and the entire railway network. A train schedule shows the number of train pairs, the application of locomotives, carriages, operational stations, and running times within a day and night on a section, zone, or railway line.Technical operations

3. : are operations serving safe train operation and ensuring service quality.Passenger train running time:

4. is the running time from the departure station to the final station, including running time on the route and stopping time for overtaking avoidance, technical operations, passenger, and cargo operations. Axle load:

5. is the maximum permissible load on the axle of a railway vehicle specified on each bridge, section, zone, zone, railway line, measured in tons/axle. Uniform load:

is the maximum permissible load calculated along the length of a railway vehicle specified on each section, zone, zone, railway line, measured in tons/meter. CONSTRUCTION, ADJUSTMENT, ISSUANCE, AND PUBLICATION OF LOAD ORDERS AND SPEED ORDERS

Chapter II

LOAD ORDER, SPEED ORDER

Article 4. Requirements for constructing and adjusting load orders and speed orders

2. Ensure that the maximum permissible train speed, axle load, and uniform load remain stable during the period of publication and are consistent with the capacity of railway infrastructure.

1. Ensuring the safety of works and railway transport.

4. The length of each speed zone on the line must be at least 800 meters (except for fixed slow points).

3. Limiting the number of speed change points within a section.

5. The axle load and uniform load specified for each type of locomotive, carriage, and train must be uniform within a zone.

1. Axle load.

Article 5. Basic contents of load orders

2. Uniform load.

3. Zone with the greatest gradient on each section.

4. Types of locomotives permitted to run single or coupled on each bridge, section, zone, zone, railway line.

5. Other relevant information about bridges, tracks, locomotives, carriages, trains to guide the implementation of load orders.

1. Speed chart

Article 6. Basic contents of the speed command

a) Maximum permissible train speed from one kilometer post to the next on each railway line;

b) Points where speed changes are recorded with specific kilometer posts and locations;

c) Slow-running points, slow speeds, kilometer posts, distances required to run slowly, reasons for running slowly, named according to place names (if applicable).

2. Other relevant information about bridges, tracks, locomotives, carriages, trains to guide the implementation of speed orders.

2. Other relevant information concerning bridges, roads, locomotives, carriages, and train formations for guiding the implementation of speed command orders.

Article 7. Procedures for drafting, promulgating, and announcing load regulations and speed regulations

1. Drafting speed regulations and load regulations

a) Enterprises managing, operating, and conducting business on railway infrastructure shall base on the capacity of railway infrastructure, technical characteristics of locomotives and carriages applied on each route and the entire national railway network to draft proposals for load regulations and speed regulations;

b) At least 30 days prior to the planned announcement date, the draft load regulations and speed regulations shall be submitted to the Vietnam Railway Administration for comments;

c) Within no more than 20 days from the date of receipt of the draft load regulations and speed regulations, the Vietnam Railway Administration must provide written comments and send them to the enterprises managing, operating, and conducting business on railway infrastructure;

d) The enterprises managing, operating, and conducting business on railway infrastructure shall be responsible for studying, adopting suggestions, perfecting the load regulations and speed regulations for promulgation and announcement.

2. Promulgating load regulations and speed regulations

a) Upon promulgation, load regulations and speed regulations must be sent to the Vietnam Railway Administration for supervision implementation, and railway transport businesses, urban railway businesses (for routes where both national railway and urban railway trains run concurrently) for implementation;

b) Load regulations and speed regulations must be promulgated at least 10 days before the planned implementation date.

3. Announcing load regulations and speed regulations

Enterprises managing, operating, and conducting business on railway infrastructure shall be responsible for promptly announcing the load regulations and speed regulations after promulgation through appropriate means and on the enterprise's electronic information website.

Article 8. Procedures for amending load regulations and speed regulations

1. When there is a change in the capacity of railway infrastructure or when railway transport businesses, urban railway businesses submit written requests regarding factors that are inconsistent with the provisions in the load regulations and speed regulations, the enterprises managing, operating, and conducting business on railway infrastructure shall review and decide to amend the load regulations and speed regulations accordingly.

2. Amending load regulations and speed regulations must comply with the provisions set forth in Article 4 of this Circular.

3. The procedures for promulgating and announcing amended load regulations and speed regulations shall be carried out in accordance with the provisions of Clauses 2 and 3 of Article 7 of this Circular.

Chapter III

DRAFTING, AMENDING, PROMULGATING, ANNOUNCING TRAIN SCHEDULES

Article 9. Types of trains and priority order of train types

Types of trains and their priority order on the national railway shall be implemented in accordance with the provisions of the National Technical Regulations on Railway Operation.

Article 10. Train numbers

Train numbers and principles for numbering trains on the national railway shall be implemented in accordance with the provisions of the National Technical Regulations on Railway Operation.

Article 11. Basic contents of the train operation diagram

1. The total number of passenger and freight trains (including both regular and reserve trains), the composition of train units, the length of trains running, types of locomotives on sections and railway lines within one day and night.

2. Stations where trains stop and the time spent at these stations for operations such as coupling and uncoupling freight cars, passenger services, overtaking and passing trains, and technical maintenance of locomotives and cars for each train.

3. Departure and arrival times at stations, running times through each section for each train.

4. Other necessary regulations related to train formation, ensuring safe train operation, ensuring punctual arrival and departure of trains, guidance and implementation of the train operation diagram.

Article 12. Requirements for drafting and adjusting the train operation diagram

When drafting and adjusting the train operation diagram, it must ensure the basic requirements stipulated in the National Technical Regulations on Railway Operation.

Article 13. Procedures for drafting, promulgating, and announcing the train operation diagram

1. Drafting the train operation diagram

a) At least 80 days prior to the expected date of announcement of the train operation diagram, the enterprise managing, operating, and conducting business in railway infrastructure shall notify in writing to railway transport business enterprises and urban rail business enterprises (for railway lines where national railways and urban railways share operations) about the drafting of the train operation diagram.

b) Within 20 days from the date of receipt of the notification from the enterprise managing, operating, and conducting business in railway infrastructure as specified in point a of this clause, railway transport business enterprises and urban rail business enterprises must submit their transportation requests and organizational plans for train operations on railway lines in writing to the enterprise managing, operating, and conducting business in railway infrastructure.

c) Based on the capacity of railway infrastructure, locomotive and car capacities, the transportation requests of railway transport business enterprises and urban rail business enterprises as stipulated in point b of this clause, and the content of load and speed orders prescribed in Articles 5 and 6 of this Circular, the enterprise managing, operating, and conducting business in railway infrastructure shall draft the train operation diagram and send it to railway transport business enterprises, urban rail business enterprises, the Vietnam Railway Administration, and relevant organizations for comments at least 40 days before the expected date of announcement of the train operation diagram.

d) No later than 20 days from the date of receipt of the draft train operation diagram, railway transport business enterprises, urban rail business enterprises, the Vietnam Railway Administration, and relevant organizations must provide written feedback on the draft train operation diagram to the enterprise managing, operating, and conducting business in railway infrastructure.

e) Based on the opinions of the Vietnam Railway Administration, railway transport business enterprises, urban rail business enterprises, and relevant organizations, the enterprise managing, operating, and conducting business in railway infrastructure shall be responsible for performing the following tasks: conducting research, adopting, and perfecting the draft train operation diagram for issuance and announcement; sending written notifications to railway transport business enterprises and urban rail business enterprises regarding the capacity of the enterprise managing, operating, and conducting business in railway infrastructure to meet transportation requests and organizational plans for train operations, inviting railway transport business enterprises to participate in transporting on railway lines with excess capacity.

2. Issuing the train operation diagram

a) The enterprise managing, operating, and conducting business in railway infrastructure shall issue the train operation diagram and send it to all railway transport business enterprises, urban rail business enterprises (for railway lines where national railways and urban railways share operations) and relevant organizations for implementation, and send it to the Vietnam Railway Administration for supervision of implementation.

b) The train operation diagram must be issued according to the provisions of Article 158 of QCVN 08:2011/BGTVT National Technical Regulations on Railway Operation. For freight train operation diagrams, they must be issued at least 10 days before the expected implementation date and must fully comply with the contents stipulated in Article 11 of this Circular.

3. Announcing the train operation diagram

a) The enterprise managing, operating, and conducting business in railway infrastructure shall announce the train operation diagram through mass media, on the enterprise's website, and at stations.

b) The content of the announcement of the train operation diagram through mass media and on the enterprise's website includes: the number of train pairs, types of trains, compositions of trains running on railway lines; starting station, final station of trains; travel time of passenger trains; stations for receiving passengers and passenger reception times; stations for cargo train shunting operations and shunting times.

c) Content of the announcement of the train operation diagram at stations

Announce the contents specified in point b of this clause and the following: arrival and departure times of trains at stations along the route; other necessary regulations related to train formation, ensuring safe train operation, ensuring punctual arrival and departure of trains, guidance and implementation of the train operation diagram.

4. After issuing and announcing the train operation diagram, if there are still differing opinions among railway transport business enterprises and urban rail business enterprises (for railway lines where national railways and urban railways share operations) regarding the right to organize train operations and issues related to railway traffic safety, the enterprise managing, operating, and conducting business in railway infrastructure shall take the lead in negotiating to resolve these issues, with supervision by the Vietnam Railway Administration. If negotiations fail to reach a consensus, the Vietnam Railway Administration shall take the lead in resolving the issues.

5. In case two or more railway transport enterprises register for the same train route in the train operation diagram, the enterprise managing, operating, and conducting business on railway infrastructure shall organize a bidding process, and the railway transport enterprise that pays the highest fee for using the infrastructure will be allocated train running times according to its needs.

6. The enterprise managing, operating, and conducting business on railway infrastructure is responsible for providing relevant data as the basis for constructing the train operation diagram, such as speed orders, load orders, train weight, traction orders; technical operation time, passenger and cargo handling time at stations; transportation demand and train operation organization of railway transport enterprises and urban rail transit enterprises (for railway lines where national trains and urban rail trains run concurrently) to the Vietnam Railway Administration to fulfill the supervision tasks as stipulated in Clause 3, Article 77 of the Railway Law.

Article 14. Adjustment of Train Operation Diagrams and Additional Train Runs on Railways

1. In cases where adjusting the train operation diagram involves shortening the train route compared to the published route, the enterprise managing, operating, and conducting business on railway infrastructure shall conduct the adjustment and submit a report explaining the reasons for shortening the train route and the adjusted train operation diagram to the Vietnam Railway Administration before issuing and publishing it, so that the Vietnam Railway Administration can supervise the adjustment, issuance, publication, and implementation of the adjusted train operation diagram.

2. In special cases due to natural disasters, accidents, incidents, obstacles on the track, or additional special train runs that require immediate adjustment of the train routes currently running on the line, the enterprise managing, operating, and conducting business on railway infrastructure shall proactively make adjustments but must ensure the fastest possible restoration of train operations according to the published train operation diagram.

3. Adjustments to the train operation diagram not falling under the cases specified in Clauses 1 and 2 of this Article (partial adjustments to train routes) shall be conducted by the enterprise managing, operating, and conducting business on railway infrastructure, which shall issue and publish the adjusted train operation diagram and then submit the adjusted train operation diagram to the Vietnam Railway Administration five days prior to the planned implementation date of the adjusted train operation diagram.

4. Adjustments to the train operation diagram as stipulated in Clauses 1, 2, and 3 of this Article must comply with the provisions set forth in Article 12 of this Circular.

5. Issuing and publishing the adjusted train operation diagram as stipulated in Clauses 1 and 3 of this Article must be carried out in accordance with the provisions set forth in Clauses 2 and 3 of Article 13 of this Circular.

Chapter IV

CONTENT OF SUPERVISION ON THE CONSTRUCTION, ADJUSTMENT, ISSUANCE, PUBLICATION OF LOAD ORDERS,

ORDERS SPEED, TRAIN OPERATION DIAGRAMS AND RESPONSIBILITIES OF RELATED AUTHORITIES AND UNITS

Article 15. Responsibilities of the Vietnam Railway Administration

1. Supervise the appropriateness of load orders, speed orders, and train operation diagrams in relation to the capacity of railway infrastructure, the technical characteristics of locomotives and carriages applied on each line and throughout the entire railway network.

2. Supervise the construction, adjustment, issuance, and publication of load orders, speed orders, and train operation diagrams in accordance with the provisions of this Circular.

3. Supervise the implementation of issued or adjusted load orders and speed orders.

4. Supervise the dispatching and command of train operations according to the published or adjusted train operation diagrams.

5. Guide and inspect railway infrastructure management, operation, and business enterprises, railway transport enterprises, and urban rail transit enterprises (for railway lines where national trains and urban rail trains run concurrently) in implementing this Circular; when violations are discovered, they may request these enterprises to immediately take corrective measures regarding the construction, adjustment, issuance, publication, and implementation of load orders, speed orders, and train operation diagrams. If these enterprises fail to implement corrective measures and threaten train safety, they may be required to stop train operations until all violations are corrected.

Article 16. Responsibilities of enterprises managing, operating, and conducting business on railway infrastructure

1. Ensuring the stable condition of railway infrastructure.

2. Directing and inspecting organizations and individuals within their management scope to comply with relevant provisions in this Circular; guiding and supervising railway transportation businesses and urban railway businesses (for railway lines where national railway trains and urban railway trains run concurrently) to strictly adhere to load limits, speed limits, train schedules that have been issued and announced.

3. Annually compiling and reporting to the Vietnam Railway Administration the following contents on December 20th:

a) Work on establishing, adjusting, issuing, and announcing speed limits, load limits, and train schedules and the results of implementation during the year;

b) Plans and measures for implementation in the coming year;

c) Issues arising during the implementation of this Circular and recommendations for supplementation and amendment.

Article 17. Responsibilities of railway transportation businesses and urban railway businesses (for lines where national railway trains and urban railway trains run concurrently)

1. Directing and inspecting organizations and individuals within their management scope to comply with relevant provisions in this Circular.

2. Operating trains according to assigned routes ensuring safety, adhering to speed limits, load limits, and train schedules that have been issued or adjusted.

3. Providing complete and accurate information about transportation demand, vehicle and equipment capacity for railway infrastructure management, operation, and business enterprises to facilitate the establishment, adjustment, issuance, announcement, and implementation of speed limits, load limits, and train schedules.

Chapter V

IMPLEMENTING PROVISIONS

Article 18. Effectiveness

1. This Circular takes effect from February 1, 2016.

2. Repealing Decision No. 69/2005/QĐ-BGTVT dated December 9, 2005 of the Minister of Transport regarding the establishment and announcement of speed limits, load limits, and train schedules on the national railway.

Article 19. Implementation

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