CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES CONCERNING ADMINISTRATIVE PROCEDURES OF THE REGULATION ON RAILWAY ENTERPRISES REQUIRED TO POSSESS SAFETY CERTIFICATES, AND CONDITIONS, ORDER AND PROCEDURES FOR GRANT OF SAFETY CERTIFICATES, PROMULGATED TOGETHER WITH THE TRANSPORT MINISTER'S DECISION NO. 61/2007/QD-BGTVT OF DECEMBER 24, 2007

Pursuant to the June 14. 200? Law on Railways;
Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents:
Pursuant to the Government's Decree No. 24/ 2009/ND-CP of March 5. 2009. detailing and measures for implementing the Law on Promulgation of Legal Documents:
Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22. 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport, The Minister of Transport stipulates:

Article 1. To amend and supplement a number of articles concerning administrative procedures of the Regulation on railway enterprises required to possess safety certificates, and conditions, order and procedures for grant of safety certificates. promulgated together with the Transport Minister's Decision No. 61/2007/QD-BGTVT of December 24. 2007

1, To amend and supplement Article 8 as follows:

"Article 8. Procedures for grant of safety certificates

1. Order

a/ Applicants for safety certificates shall submit dossiers by post or directly to Vietnam Raiway Administration:

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c/ Based on the conditions for grant of safely certificates. Vietnam Railway Administration shall grant safety certificates to the applicants within 20 days after receiving complete dossiers.

2. Dossiers for grant of safely certificates a/ Number of dossier sets: one: b/ A dossier comprises:

- For enterprises commercially operating railway infrastructure facilities:

+ An application for a safety certificate, made according to a set form:

+ A report explaining the conditions for grant of a safety certificate, for enterprises commercially operating railway infrastructure facilities defined in Article 6 of this Regulation.

- For railway transport enterprises:

+ An application for a safety certificate, made according to a set form:

+ A report explaining the conditions for grant of a safety certificate, for railway transport enterprises defined in Article 7 of this Regulation."

2. To amend and supplement Article 10 as follows:

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1. Safety certificates shall be re-granted lo enterprises that have lost the certificates or have them temporarily withdrawn when:

a/ Enterprises can prove that they have remedied causes of accidents and taken all subsequent safely assurance measures:

b/ Enterprises satisfy all the conditions specified in Article 6 (for enterprises commercially operating railway infrastructure facilities) or Article 7 (for railway transport enterprises) of this Regulation.

2. Procedures for re-grant of safety-certificates

a/ Order

- For re-grant of safety certificates, applicants shall submit dossiers by post or directly to Vietnam Railway Administration;

- Vietnam Railway Administration shall receive and examine the dossiers. If the dossiers are incomplete, within 5 working days after receiving them. Vietnam Railway Administration shall notify such in writing to the applicants and guide them to complete the dossiers;

- Based on the conditions for re-grant of safety certificates. Vietnam Railway Administration shall re-grant safety certificates lo the applicants within 20 days after receiving complete dossiers."'

b/ Dossiers for re-grant of safety certificates

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- For enterprises commercially operating railway infrastructure, a dossier comprises:

- An application for re-grant of a safety certificate, made according to a set form:

+ A report explaining the condition? for re-grant of a safety certificate, for enterprises commercially operating railway infrastructure facilities defined in Article 6 of this Regulation.

- For railway transport enterprises, a dossier comprises:

+ An application for re-grant of a safety certificate, made according to a set form;

+ A report explaining the conditions for re-grant of a safety certificate, for railway transport enterprises defined in Article 7 of this Regulation.

3. To amend and supplement Clause 2, Article II as follows:

"2. Procedures for renewal of safety certificates

a/ Order

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- Vietnam Railway Administration shall receive and examine the dossiers. If the dossiers are incomplete, within 5 working days after receiving them. Vietnam Railway Administration shall notify such in writing to the applicants and guide them to complete the dossiers:

Based on the conditions for renewal of safety certificates. Vietnam Railway Administration shall renew safely certificates for the applicants within 10 days after receiving complete dossiers."'

b/ Dossiers for renewal of safety certificates

- Number of dossier sets: one:

- For enterprises commercially operating railway infrastructure facilities, a dossier comprises:

+ An application for renewal of a safely certificate, made according to a set form;

+ A report explaining conditions for renewal of a safety certificate, for enterprises commercially operating railway infrastructure facilities defined in Article 6 of this Regulation.

- For railway transport enterprises, a dossier comprises:

+ An application for renewal of a safety certificate, made according to a set form:

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4. To replace Appendix 2 and supplement Appendices 3 and 4 as follows:

a/ Appendix 2: Application for a safety certificate;

b/ Appendix 3: Application for re-grant of a safety certificate;

c/ Appendix 4: Application for renewal of a safety certificate.

Article 2. Effect

This Circular takes effect 45 days from the date of its signing.

Article 3. Responsibility for and organization of implementation

1. Vietnam Railway Administration shall organize and inspect the implementation of this Circular.

2. The Chief of the Office, the chief inspector and directors of the Departments of the Ministry, the director of Vietnam Railway Administration, heads of concerned agencies and organizations, and concerned individuals shall implement this Circular.

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MINISTER OF TRANSPORT




Ho Nghia Dung