What conditions must railway transport enterprises in Vietnam meet?
What conditions must railway transport enterprises in Vietnam meet? What are the rights and obligations of railway transport enterprises in Vietnam?
I heard that rail transport business is a conditional business, so what are the conditions for that business?
What conditions must railway transport enterprises in Vietnam meet?
Pursuant to Article 21 of Decree 65/2018/ND-CP, railway transport enterprises must meet the following conditions:
1. There is a department in charge of railway transport safety.
2. Having at least 01 person in charge of safety work with university qualifications in railway transport and at least 03 years of experience working directly in the management and operation of railway transport.
3. The person assigned to bear the primary responsibility for the technical management of transport operation must have a university degree and at least 03 years of experience in railway transport operation.
Thus, according to the above provisions, in order to operate railway transport, enterprises in Vietnam need to meet all the above conditions.
What are the rights and obligations of railway transport enterprises in Vietnam?
According to Article 53 of the Railway Law 2017, there are provisions on rights and obligations of railway transport enterprises as follows:
1. A rail transport enterprise has the following rights:
a) Be provided with technical and economic information, and rail transport control services related to the capacity of railway infrastructure;
b) Use railway infrastructure and rail transport control services on the railway network for rail transport business as prescribed;
c) Suspend train operation when the railway infrastructure is found threatening train operation safety, inform the railway infrastructure enterprise and be responsible to law for their decision;
d) Receive compensation for the damage caused by railway infrastructure enterprises or other organizations and individuals;
dd) Other rights prescribed by law.
2. A rail transport enterprise has the following obligations:
a) Operate train in line with the timetable, maximum load order and maximum speed order published by the railway infrastructure enterprise;
b) Give priority to provision of transport services to serve special or social security missions at the request of a competent authority;
c) Stop trains upon receipt of notification given by a railway infrastructure enterprise;
d) Pay the railway infrastructure enterprise for use of railway infrastructure and rail transport control services;
dd) Satisfy all train operation safety requirements during operation;
e) Accept the instructions from a competent authority and cooperate with railway infrastructure enterprises in preventing and responding to railway accidents and damage caused by natural disasters in accordance with regulations of law;
g) Provide compensation as prescribed by law;
h) Provide information about transport demands, capacity of vehicles and transport equipment for railway infrastructure enterprises to serve the establishment and distribution of timetable and provide a basis for formulation of the plan for investment in upgrade and maintenance of railway infrastructure;
i) Other obligations prescribed by law.
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