Conditions for railway business under the Law on Railway Transport 2017 of Vietnam

Conditions for railway business under the Law on Railway Transport 2017 of Vietnam
Anh Tu

Railway business includes railway infrastructure business, rail transport business and urban railway business. Railway business is a conditional business line in Vietnam.

According to the Law on Railway Transport 2017 of Vietnam, railway business enterprises must satisfy the following conditions:

1. Conditions for railway infrastructure business

Railway infrastructure business enterprises must fully meet the following conditions:

- There is a department in charge of safety work. The person in charge of the railway infrastructure safety department must have a university degree in railway construction and have at least 03 years of direct work experience in one of the following fields: construction, management management and maintenance of railway infrastructure.

- Having at least 01 business manager with a university degree and at least 03 years of direct working experience in one of the following fields: construction, management and maintenance of railway infrastructure.

- Railway infrastructure under the management responsibility of the enterprise must conform to current technical regulations.

2. Conditions for railway transport business

A railway transport business enterprise must fully satisfy the following conditions:

- There is a department in charge of railway transport safety.

- Having at least 01 person in charge of safety work with a university degree in railway transport and at least 03 years of direct working experience in management and operation of railway transport.

- The person assigned to take the main responsibility for technical management of transport operation must have a university degree and have at least 03 years of working experience in railway transport operation.

3. Conditions for urban railway business

Urban railway business enterprises must fully meet the following conditions:

- When being put into business and operation, the urban railway system must have a system safety certificate according to the provisions of law.

- There is a division in charge of railway infrastructure safety, railway transport safety; where:

+ The person in charge of the railway infrastructure safety department has a university degree or higher and has at least 03 years of direct working experience in one of the following fields: construction, management and maintenance of infrastructure railway floors;

+ The person in charge of the railway transport safety department has a university degree or higher and has at least 03 years of direct working experience in the field of railway transport operation.

- There are at least 03 people managing and operating the enterprise with a university degree or higher, of which:

+ 01 person with at least 03 years of direct working experience in one of the following fields: Construction, management and maintenance of railway infrastructure;

+ 01 person with at least 03 years of direct working experience in the field of railway transport operation;

+ 01 person with at least 03 years of direct working experience in management, operation and repair of locomotives and wagons;

- For urban railway lines put into operation for the first time, within 03 years from the time of operation, they have not yet been able to arrange human resources with the number of years of working experience as prescribed in Clause 3 of this Article, the first 03 years of exploitation must ensure the conditions specified at Points a, b, c, Clause 4, Article 22 of Decree No. 65/2018/NĐ-CP of Vietnam’s Government;

- Urban railway enterprises must take full measures to ensure absolute safety during operation and exploitation.

Legal basis: Law on Railway Transport 2017; Decree No. 65/2018/NĐ-CP

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