In which cases is the train driver's license revoked according to the new regulations of the Ministry of Transport?
Under what circumstances is a railway operating license revoked according to the latest regulations of the Ministry of Transport?
Based on Article 34 of Circular 15/2023/TT-BGTVT:
Revocation of railway operating license
1. The railway operating license is revoked in the following cases:
a) Issued to individuals who do not meet the conditions specified in Article 28 of this Circular;
b) Engaging in fraudulent activities in the process of application for issuance, re-issuance as stipulated in Articles 30, 31, 32, 33 of this Circular.
2. The licensing authority is responsible for issuing the decision to revoke the railway operating license; the enterprise directly managing the train operator is responsible for revoking the railway operating license and sending it to the licensing authority.
Thus, the railway operating license is revoked in the following cases:
- Issued to individuals who do not meet the conditions specified in Article 28 of this Circular;
- Engaging in fraudulent activities in the process of application for issuance, re-issuance as stipulated in Articles 30, 31, 32, 33 of Circular 15/2023/TT-BGTVT.
The licensing authority is responsible for issuing the decision to revoke the railway operating license; the enterprise directly managing the train operator is responsible for revoking the railway operating license and sending it to the licensing authority.
Revocation of railway operating license according to the latest regulations of the Ministry of Transport (Image from the Internet)
Under what circumstances will a railway operating license be reissued?
Based on Article 33 of Circular 15/2023/TT-BGTVT:
Procedures for reissuing railway operating license
1. The railway operating license is reissued in the following cases:
a) When expired;
b) When damaged or lost.
2. Dossier for requesting reissuance of the railway operating license:
a) The original or electronic document requesting the reissuance of the railway operating license by the enterprise as per the prescribed form in Appendix XI attached to this Circular;
b) Personal dossier:
The original or electronic application for reissuance of the railway operating license as per the prescribed form in Appendix XII attached to this Circular;
The original or electronic or certified copy or electronically certified copy of the medical certificate stating that the individual meets the health standards for train operators as regulated by the Minister of Health;
03 color photos sized 3x4cm taken or electronic photos taken within no more than 06 months from the date of dossier submission.
3. Methods of dossier submission:
The enterprise submits 01 set of dossiers to the license-issuing authority via one of the methods specified in Clause 2, Article 30 of this Circular.
4. The license-issuing authority receives, checks the dossier, and resolves the administrative procedures:
a) If the dossier is not compliant with regulations, within 01 working day from the date of receiving the dossier via the one-stop department or online public service portal; within 02 working days from the date of receiving the dossier by other methods, the license-issuing authority is responsible for notifying and guiding the enterprise to complete the dossier as per regulations;
b) If the dossier is complete and compliant with regulations, within 03 working days from the date of receiving the dossier, the license-issuing authority reissues the railway operating license for those who meet the requirements. For those who do not meet the requirements, the license-issuing authority provides a written notice stating the reasons to the enterprise.
Thus, the railway operating license is reissued in the following cases:
- When expired;
- When damaged or lost.
Procedures for issuing a railway operating license for urban railway to foreigners who already have a railway operating license issued by a foreign license-issuing authority
Based on Article 32 of Circular 15/2023/TT-BGTVT:
Procedures for issuing a railway operating license for urban railway to foreigners who already have a railway operating license issued by a foreign license-issuing authority
1. Dossier for requesting the issuance of a railway operating license:
a) The original or electronic document requesting the issuance of a railway operating license by the enterprise employing foreigners who already have a railway operating license issued by a foreign license-issuing authority as per the prescribed form in Appendix IX attached to this Circular;
b) The original or electronic or certified copy or electronically certified copy of the labor contract between the urban railway enterprise and the foreign train operator;
c) The certified copy or electronically certified copy of the dossier of the results of the competency and professional examination for operating the urban railway for each train operator conducted by the urban railway enterprise as per the contents specified in points 3 and 4, Chapter VI of this Circular;
d) Personal dossier:
The original or electronic application for the issuance of a railway operating license as per the prescribed form in Appendix X attached to this Circular;
The original or electronic or certified copy or electronically certified copy of the medical certificate stating that the individual meets the health standards for train operators as regulated by the Minister of Health;
The certified copy or electronically certified copy of the valid railway operating license issued by a competent foreign authority with technology equivalent to the railway line to be operated, certified and translated into Vietnamese;
03 color photos sized 3x4cm taken or electronic photos taken within no more than 06 months from the date of dossier submission.
2. Methods of dossier submission:
The enterprise submits 01 set of dossiers to the license-issuing authority via one of the methods specified in Clause 2, Article 30 of this Circular.
3. The license-issuing authority receives and checks the dossier:
a) If the dossier is not compliant with regulations, within 01 working day from the date of receiving the dossier via the one-stop department or online public service portal; within 02 working days from the date of receiving the dossier by other methods, the license-issuing authority is responsible for notifying and guiding the enterprise to complete the dossier as per regulations;
b) If the dossier is complete and compliant with regulations, within 03 working days from the date of receiving the dossier, the license-issuing authority issues the railway operating license for those who meet the requirements. For those who do not meet the requirements, the license-issuing authority provides a written notice stating the reasons to the enterprise.
Thus, the procedures for issuing a railway operating license for urban railway to foreigners who already have a railway operating license issued by a foreign license-issuing authority are carried out as specified above.
Circular 15/2023/TT-BGTVT will take effect from September 1, 2023.
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