Responsibilities of organizations and individuals upon the occurrence of railway accidents in Vietnam

Responsibilities of organizations and individuals upon the occurrence of railway accidents in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

1. Responsibilities of organizations and individuals upon the occurrence of railway accidents in Vietnam

Responsibilities of organizations and individuals upon the occurrence of railway accidents in Vietnam according to Article 44 of the Law on Railway 2017 are as follows:

* When a railway accident occurs, the relevant organization or individual must undertake the following missions:

- Driver or another onboard railway worker must immediately stop the train;

- The train captain shall assign railway workers and the person that is present at the scene to assist the victims, protect assets of the State and the victims and immediately inform the nearest rail transport control organization or railway station.

In case of damage to the train or railway, the train captain shall make an accident record and provide information relating to the accident at the request of a competent authority.

In case of no damage to the train or railway, the train captain shall keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

- Upon receipt of notification, the rail transport control organization or railway station shall immediately inform the nearest police station and People’s Committee;

- Upon receipt of notification, the nearest police station and People’s Committee shall be immediately present at the crash scene.

* For the train without train captain, in addition to immediately stopping the train upon the occurrence of a railway accident, the driver shall undertake the train captain’s missions as prescribed in Point b Clause 1 of Article 44 of the Law on Railway 2017. In case of no damage to the train or railway, the driver shall be only allowed to keep operating the train after making the accident record and appointing another person to work with the competent authority on his/her behalf.

* Another road user shall transport the victim to a health facility when passing through the place where the railway accident occurs unless that road user is on urgent mission.

* People's Committees at all levels where the railway accident occurs shall cooperate with police stations and railway enterprises in assisting the victim and protect assets of authorities, organizations and individuals. The People's Committee of the commune where the railway accident occurs shall organize the burial of unidentified victims.

* All organizations and individuals must not obstruct the restoration of the railway and rail transport after the occurrence of a railway accident.

* The Minister of Transport shall specify the response to railway accidents; shall analyze, produce statistics on and report railway accidents.

2. Actions taken upon detection of railway accidents in Vietnam

Actions taken upon detection of railway accidents in Vietnam according to Article 45 of the Law on Railway 2017 as follows:

- The person who detects any act or accident that potentially obstructs or threatens rail transport safety shall inform the nearest railway station, railway authority, local authority or police station; in case of emergency, stop signals must be immediately sent to the train.

- Upon receipt of notification or stop signal, the recipient must take immediate actions to ensure rail transport safety and inform the unit directly managing railway infrastructure, which will cooperate with relevant units in taking remedial measures.

- The organization or individual that commits any act that obstructs or threatens rail transport safety must incur penalties; in case of damage, they must provide compensation as prescribed by law.

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