CIRCULAR

AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS ON PERIODIC REPORTING REGULATIONS IN THE RAILWAY SECTOR

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of the Government on function, tasks, powers and organizational structures of the Ministry of Transport;

Pursuant to Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on report regulations of the state administrative authorities;

At the request of the Chief of the Ministry Office and Director General of Vietnam Railway Authority;

The Minister of Transport promulgates a Circular on amendments to certain articles of Circulars on periodic reporting regulations in the railway sector.

Article 1. Amendments to Article 13 of Circular No. 21/2018/TT-BGTVT dated April 27, 2018 of the Minister of Transport on registration of railway vehicles, movement of railway vehicles in the following special cases:

“Article 13. Reporting regulations

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2. Required reporting contents:

a) The use and operation of means issued Certificates of registration of railway vehicles;

b) Changes of railway vehicles.

3.  Reporting entities: Owners of railway vehicles.

4. Receiving authority: Vietnam Railway Authority.

5. Methods of submission and reception of reports: Periodic reports can be physical documents or electronic documents and shall be sent directly or by post, by email or other methods as prescribed by law.

6. Deadline for submission of reports: on December 15 every year or a specific date on request.

7. Reporting frequency: Annually or on request.

8. Time for finalizing reporting data: From December 15 of the previous year to December 14 of the reporting year or another specific time as required.

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Article 2. Amendments to certain Articles of Circular No. 24/2018/TT-BGTVT dated May 7, 2018 of the Minister of Transport on formulation of train operation timetable and administration of railway transport as follows:

1. Amendments to Clause 4 Article 23:

“4. Submit a report involving the following contents:

a) Report name: Report on formulation and publication of the train operation timetable;

b) Required reporting contents: Reports on results of formulation, publication and adjustment of the train operation timetable; difficulties during the implementation; plans and measures for the next year;

c) Reporting entity: National railway infrastructure enterprise;

d) Receiving authority: Vietnam Railway Authority;

dd) Methods of submission and receipt of reports: Periodic reports can be physical documents or electronic documents and shall be sent directly or by post, by email or other methods as prescribed by law;

e) Deadline for submission of reports: on December 15 every year;

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h) Time for finalizing reporting data: From December 15 of the previous year to December 14 of the reporting year.

i)  Report outlines: According to Appendix 1 issued herewith".

2. Amendments to Clause 4 Article 24:

“4. Submit reports involving the following contents:

a) Report name: Report on formulation and publishing of the train operation timetable;

b) Required reporting contents: Reports on results of formulation, publication and adjustment of the train operation timetable; difficulties during the implementation; plans and measures for the next year;

c) Reporting entity: Owners of dedicated railways;

d) Receiving authority: Vietnam Railway Authority;

dd) Methods of submission and reception of reports: Periodic reports can be physical documents or electronic documents and shall be sent directly or by post, by email or other methods as prescribed by law.

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g) Reporting frequency: Annually;

h) Time for finalizing reporting data: From December 15 of the previous year to December 14 of the reporting year.

i)  Report outlines: According to Appendix 2 issued herewith.".

Article 3. Amendments to Article 76 of Circular No. 33/2018/TT-BGTVT dated May 15, 2018 of the Minister of Transport on standards, duties and entitlements of railway employees directly serving train operation; training contents and programs for these railway employees; conditions, contents and procedures for testing and issuance, reissuance and revocation of train driving licenses on railways as follows:

“Article 76. Reporting regulations

1. Report name: Report on management and use of railway employees directly serving train operation.

2. Required reporting contents:

a) Reports on situation of use of railway employees directly serving train operation;

b) Situation of changes of railway employees directly serving train operation;

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3. Reporting entities: Railway businesses using railway employees directly serving train operation.

4. Receiving authority: Vietnam Railway Authority.

5. Methods of submission and reception of reports: Periodic reports can be physical documents or electronic documents and shall be sent directly or by post, by email or other methods as prescribed by law.

6. Deadline for submission of reports: on December 15 every year;

7. Reporting frequency: Annually or on request.

8. Deadline for submission of reports: From December 15 of the previous year to December 14 of the reporting year or another specific time as required.

9. Reporting forms include:

a) Report on use and changes of railway employees directly serving train operation according to Appendix IX issued herewith;

c) Report on plans and demands for testing, issuance and reissuance of train driving licenses according to Appendix X issued herewith.”.

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“Article 28c. Regulations on time and information and reporting

1. For time

a) Plans on prevention, control and remedy of flood and storm consequences; response to incidents, natural disasters and railway rescue shall be implemented each 5 year corresponding to the time of plans on socio-economic development;

b) On March 31 every year, Vietnam Railways (VIETRAIL) shall organize a field trip to make plans on prevention, control and remedy of flood and storm consequences; response to incidents, natural disasters and railway rescue;

c) Before June 15 every year, Vietnam Railways (VIETRAIL) shall send a plan for adjustment of the annual plan on prevention, control and remedy of flood and storm consequences; response to incidents, natural disasters and railway rescue to Vietnam Railway Authority for appraisal before submitting them to the Ministry of Transport for consideration and approval.

2. Vietnam Railways' annual reports on prevention and control of flood and storm and operation of rescue on the national railway shall have the following contents:

a) Report name: Report on prevention and control of flood and storm and operation of rescue on the national railway;

b) Required contents: Information about the list and phone numbers of the members of the steering committee for flood and storm prevention and control and operation of rescue; tasks and addresses of relevant entities; consolidated plan for prevention, control and remedy of incidents, natural disasters and rescue on the national railway; results of monitoring, inspecting and expediting the prevention, control and remedy of natural disaster consequences and rescue by railway businesses;

c) Reporting entities: Vietnam Railways;

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dd) Methods of submission and reception of reports: Periodic reports can be physical documents or electronic documents and shall be sent directly or by post;

e) Deadline for submission of reports: on March 31 every year;

g) Reporting frequency: Annually;

h) Time for finalizing reporting data: From March 31 of the previous year to March 30 of the reporting year;

i)  Report outlines: According to the Appendix issued herewith.

3. Within 48 hours after a flood, storm, incident or natural disaster occurs, affected entities must promptly send reports on the developments of the situation; estimated damage; plan and progress in response and restoration to the Ministry of Transport and Vietnam Railway Authority.”.

Article 5. Addition of Appendices on periodic report regulations

1. Addition of Appendix 7 to Circular No. 21/2018/TT-BGTVT dated April 27, 2018 of the Minister of Transport on registration of railway vehicles, movement of railway vehicles in the special cases according to Appendix 1 hereof.

2. Addition of Appendices 1 and 3 to Circular No. 24/2018/TT-BGTVT dated May 7, 2018 of the Minister of Transport on formulation of train operation timetable and administration of railway transport according to Appendices 2 and 3 hereof.

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4. Addition of an Appendix to Circular No. 01/2010/TT-BGTVT dated January 11, 2010 of the Minister of Transport on prevention, control and remedy of flood and storm consequences; response to incidents, natural disasters and rescue in railway operations according to Appendix 6 hereof.

Article 6. Entry into force

This Circular comes into force from December 01, 2020.

Article 7. Organizing implementation

1. Chief of the Ministry Office, Chief Inspector of the Ministry, Director Generals of Directorate for Roads of Vietnam, Heads of relevant agencies, organizations and individuals are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation thereof should be reported to the Ministry of Transport for researching and amending accordingly./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Ngoc Dong

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