Title: What Are the Duties and Powers of the Position of Train Manager for Passenger Trains Under the New Regulations Effective from September 1, 2023?
On June 30, 2023, the Ministry of Transport issued Circular 15/2023/TT-BGTVT stipulating the standards, duties, and powers regarding the title of railway employees directly serving train operations; the content and training program for the training institutions of railway employee titles directly serving train operations; conditions, content, process of examination, and issuance, re-issuance, and revocation of train driver licenses on the railway.
What are the duties and powers of the head of a passenger train?
According to clause 2 Article 5 of Circular 15/2023/TT-BGTVT stipulates:
Head of Train
...
2. Duties of the head of a passenger train
a) As the highest commander on the train, responsible for ensuring safety, security, order, customer service, and the operation of working departments on the train;
b) Prepare incident reports with the participation of witnesses regarding cases of birth, death, injury, and incidents related to security and order on the train; compile incident files, and railway traffic accident files in accordance with the law;
c) Fully implement the regulations on the transportation of goods, passengers, and luggage by rail, other legal provisions, and the regulations of the company employing the head of the train;
d) Make a formal request for rescue and organize a rescue;
e) Record and summarize reports on matters related to the train journey;
f) In the case of multiple trains being combined into one passenger train, the head of the last train is the overall commander of the passenger train.
4. Powers of the head of a passenger train
a) In urgent cases, the head of the passenger train has the authority to make requests to passengers to ensure the safety of the train and must immediately report to the train dispatcher or the nearest station about the urgent situation;
b) Refuse to accept employees who are not professionally qualified or unhealthy to work in positions on the train; temporarily suspend the duties of employees on the train who violate legal regulations or company rules causing train safety risks and affecting service quality; immediately report to the competent authority for resolution when exercising the refusal right as specified in this Point;
c) Decide to stop the train at the station or the most convenient location to provide emergency aid to injured persons, transfer injured or deceased persons along with related assets and documents to the station master, police, hospital, or local authorities for further handling.
Thus, the title of the head of a passenger train has 6 duties and 3 powers detailed above.
What are the duties and powers of the head of a passenger train according to the new regulations from September 1, 2023? (Image from the Internet)
What are the standards for the head of a passenger train?
According to clause 1 Article 5 of Circular 15/2023/TT-BGTVT stipulates:
Head of Train
1. Standards
a) Hold a diploma or a primary-level or higher professional certificate in train operation or railway transport;
b) Meet the health conditions as prescribed by the Minister of Health;
c) The head of a freight train must have at least 1 year of direct work experience in the position of marshal head or an apprenticeship period in accordance with labor laws for the title of head of the freight train or deputy head of the passenger train in charge of safety; the head of a passenger train must have at least 1 year of direct work experience in the position of head of the freight train or deputy head of the passenger train in charge of safety;
d) Pass the professional qualification examination for the head of the train conducted by the employing enterprise.
Thus, the standards for the head of a passenger train are as follows:
- Hold a diploma or a primary-level or higher professional certificate in train operation or railway transport;
- Meet the health conditions as prescribed by the Minister of Health;
- The head of a freight train must have at least 1 year of direct work experience in the position of marshal head or an apprenticeship period in accordance with labor laws for the title of head of the freight train or deputy head of the passenger train in charge of safety; the head of a passenger train must have at least 1 year of direct work experience in the position of head of the freight train or deputy head of the passenger train in charge of safety;
- Pass the professional qualification examination for the head of the train conducted by the employing enterprise.
What are the transitional provisions for railway employee titles directly serving train operations before September 1, 2023?
According to Article 73 of Circular 15/2023/TT-BGTVT, the transitional provisions are as follows:
- Railway employee titles directly serving train operations recognized and assigned before the effective date of this Circular shall continue to hold and perform the duties and powers specified in this Circular.
- From the effective date of this Circular, if the Provincial People's Committee has not yet performed the tasks specified in clause 2 Article 29 of this Circular, they shall request in writing the Vietnam Railway Authority to continue performing these tasks. From January 1, 2025, Provincial People's Committees shall perform the examination, issuance, re-issuance, and revocation of train driver licenses on dedicated railways and urban railways as stipulated in clause 2 Article 29 of this Circular.
Circular 15/2023/TT-BGTVT will be effective from September 1, 2023.
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