Thông tư 24/2018/TT-BGTVT xây dựng biểu đồ chạy tàu và điều hành giao thông vận tải đường sắt

CIRCULAR

ON REGULATIONS ON ESTABLISHMENT OF A TIMETABLE APPLIED TO TRAINS RUNNING ON RAILWAYS AND CONTROL OF RAILWAY TRANSPORT

Pursuant to the law on railway transport No.06/2017/QH14 dated June 16, 2017;

Pursuant to Decree No.12/2017/ND-CP dated February 10, 2017 of the Government on functions, missions, rights and organizational structure of the Ministry of Transport;

At the request of the Director General of Department of Transport, Director of Vietnam Railway Authority;

The Minister of Transport promulgates a Circular providing for the establishment of a timetable applied to trains running on railways and control of railway transport.

Chapter I

GENERAL REGULATIONS

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This Circular provides for the establishment and publication of a timetable applied to trains running on railways and verification, supervision of the application of a timetable applied to trains running on national railways and dedicated railways connected to national railways; control of transport on national railways and dedicated railways; charges for the service of controlling transport on state-invested railway infrastructure.

Article 2. Regulated entities

This Circular shall apply to organizations and individuals relating to the establishment and publication of the timetable applied to trains running on railways, verification and supervision of the application of such timetable.

Article 3. Definition

For the purpose of this Circular, the terms below shall be construed as follows:

1. “railway infrastructure capacity" means the capacity of the infrastructure determined by maximum load per axle, maximum even-spread load, maximum speed of a train (Vmax) on a railway line; capacity of railway lines, railway stations and the railway signaling information system.

2. “professional technical procedures” mean the procedures allowed to ensure safe operation of the train and service quality.

3. “train running time” means the time that a train runs from the departure station to the terminal including the running time and time for stopping the train for the purpose of giving ways to other vehicles, adopting professional technical procedures or loading and unloading passengers and cargo.

Chapter II

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Section 1. ESTABLIDHMENT AND PUBLICATION OF THE TIMETABLE

Article 4. General regulations

1. The timetable applied to trains running on railways is the basis for the train operation. Such timetable is an order abided by all railway staff, relevant organizations and individuals.

2. A train is only allowed to run from national railways to dedicated railways connected to national railways and vice versa under an agreement of the national railway infrastructure trader and the owner of dedicated railways connected to national railways on the train route and methods for safety assurance.

Article 5. Requirements applied to the timetable

1. Safe operation of the train must be ensured.

2. The requirements for transporting passengers and cargo must be successfully satisfied.

3. Traffic density railway and speed of the train must be consistent with the capacity of the railway infrastructure.

4. Railway vehicles must be used effectively.

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6. The priority orders of train types prescribed in Clause 2 in Article 6 of this Circular must be ensured.

7. Train operation dispatching command must be fluent ensuring the punctuality of the train.

8. The running time and train routes on blocks must be reasonably ensured.

9. There must be enough time for stopping or parking in pursuit of loading or unloading passengers or cargo at the stations as regulated.

Article 6. Train types and orders of priority of train types in establishment of a timetable applied to trains running on railways and control of railway transport

1. Trains running on railways include types of train as below:

a) Breakdown train means a train serving the rescuing works where necessary;

b) Special train means a train running irregularly for the purpose of serving special mission as required by competent authorities whose fixed schedule is not specified in the timetable.

c) International passenger train means a combination of a locomotive and an unpowered trailer such as coaches carrying passengers internationally.

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d) Express trains running on sections means a train having less running time and fewer stops than other trains do on the same section;

e) Passenger train means a train running on one or some sections, one line or inter-lines and stopping at every station to load and unload passengers; therefore; the number of its stop is more than that of other types of train.

g) Military train, combined train and train carrying employees mean passenger trains hauling 3 or more goods containers or trains carrying employees to work;

h) Non-stop express freight train means a train running non-stop on some sections, one line or inter-lines having a short running time and fewer stops than other freight trains do on the same line.

i) Freight trains running on a section mean freight trains occupying one section including fast freight trains, freight trains, freight trains releasing goods wagons in a section.

k) Short-route freight train, shuttle train mean trains only running in an arc or a part of a section stopping on the route to release the wagons or for shunting trains

l) Dedicated train means a train using dedicated vehicles or equipments running on the railways.

2. Train types run on railways in the order of priority of train types as follows:

a) Type 1: Breakdown trains;

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c) Type 3 includes international passenger trains, non-stop express trains, express trains running in sections and non-stop express freight trains;

d) Type 4 includes passenger trains; military trains, combined trains, trains carrying employees; freight trains in a section, short-route freight trains, shuttle trains and dedicated trains.

3. The national railway infrastructure trader and owner of dedicated railways shall determine orders of priority of trains running on national railways and dedicated railways under management based on orders of priority of train types prescribed in Clause 2 in this Article.

Article 7. Train number

Each train running on railways must bear a train number. A train shall be numbered as follows:

1. Trains running on railway lines must not bear a same train number.

2. Trains running from Hanoi Capital shall bear an odd number while those running to Hanoi Capital will bear an even number

3. The national railway infrastructure trader and owner of dedicated railways may issue particular regulations on numbering train types running on national railways and dedicated railways under management.

Article 8. Primary contents of the timetable

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1. Total number of a pair of passenger trains and a pair of freight trains including official and reserve trains, components of trains, length of trains, types of locomotive on railway sections or lines in a day and a night.

2. Railway stations and time for releasing or coupling goods wagons, loading and unloading passengers, giving ways to other rail vehicles and carrying out the technical procedures applied to the locomotive and coaches of each train.

3. The time arriving, departing or crossing the stations and time running on each block of each train

4. Other necessary regulations regarding the formation of the train, assurance of safe operation of the train and punctuality of the train as well as guidelines for following such timetable.

Article 9. Orders of establishment and publication of a timetable applied to trains running on national railways

The establishment and publication of the timetable applied to trains running on national railways shall be carried out by the national railway infrastructure trader as follows:

1. Establishment of the timetable:

a) The national railway infrastructure trader must give a written notice to the rail transport traders 80 days ahead of the day on which the timetable is expected to be published.

b) Rail transport traders must send a written request for transporting and arranging railway transport to the national railway infrastructure trader within 10 days from the day on which the notice from the national railway infrastructure trader prescribed in point a in this Clause is received.

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d) Railway transport traders must make written comments on such draft of the timetable and send to the national railway infrastructure trader not later than 05 days from the day on which the timetable is received.

dd) Based on the comments of railway transport traders, the national railway infrastructure trader is required to conduct a research, receive such comments, complete the establishment of the timetable, issue and publish such timetable; send a written notice about the capacity to grant a request for transport and train operation to railway transport traders; invite such traders to participate in the transport on railways that still have the capacity to carry trains.

2. Publication of the timetable:

a) After finalizing the timetable, the national railway infrastructure trader must send such timetable to all railway transport traders and relevant organizations and the Vietnam Railway Authority 10 days at the latest ahead of the day on which the timetable comes into force;

b) After fulfilling the task specified in point a in Clause 2 in this Article, the national railway infrastructure trader is required to publish the timetable on means of public media and its website including: the number of a pair of train running on railways (official and reserve one), train type, components of train running on railway lines; departure stations, terminal, running of, stops for loading passengers; time for stopping trains, stop to unloading passenger and time for stopping to couple or release goods wagons.

c) After receiving such timetable, the railway transport trader must publish the timetable applied to pairs of train have theirs running schedule registered at railway stations where passengers and cargo could be loaded and unloaded. Contents of the timetable to be published at the stations shall include the contents published by the national railway infrastructure trader prescribed in point b in this Clause and the time trains depart or arrive at the stations, other necessary regulations relating to the formation of the train, assurance of safe train operation, punctuality of the train as well as guidelines for following the timetable.

3. If different comments on the entitlement to participate in the arrangement of railway transport and other issues regarding the safety of railway traffic are still made after the timetable is published, the national railway infrastructure trader shall preside over the negotiation to reach an agreement among the transport traders.

4. If two or more railway transport traders ask for the same train schedule specified the timetable, the transport trader paying the highest railway infrastructure rental fees will have its request granted.

Article 10. Orders of establishment and publication of a timetable applied to trains running on dedicated railways connected to national railways

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Article 11. Adjustments to the timetable applied to current trains and additional trains running on railways

1. For the case in which the adjustments to the timetable relate the shortening of train route as previously published: The national railway infrastructure trader, owner of dedicated railways connected to national railways shall adjust the timetable and send a report explaining the shortening of train route and the adjusted timetable to the Vietnam Railway Authority before publishing such timetable

2. For special cases in which the route of trains that are running on railway lines is required to be adjusted as those trains are facing acts of God, accidents, incident or obstacle on the route or there are more special trains running on the same lines: The national railway infrastructure trader and owner of dedicated railways connected to national railways shall be active to adjust such route to make sure that the train route will follow the published timetable in the shortest time.  

3. For cases not specified in Clause 1 and 2 of this Article, for instance, the adjustments to a part of the train route: The national railway infrastructure trader and owner of dedicated railways connected to national railways shall adjust and publish the adjusted timetable then send it to the Vietnam Railway Authority 05 days ahead of the day on which the adjusted timetable is expected to be applied.

4. The adjustments of the timetable prescribed in Clause 1, 2 and 3 in this Article must comply with regulations in Article 5 of this Circular.

5. The publication of adjusted timetable prescribed in Clause 1 and 3 in this Article must comply with regulations in Clause 2 in Article 9 of this Circular.

Section 2. VERIFICATION AND SUPERVISION OF THE APPLICATION OF THE TIMETABLE

Article 12. Contents of the verification and supervision

1. Verify, supervise the establishment, publication and adjustment of the timetable applied to trains running on railways

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3. Verify, supervise the compliance with principles and regulations on control of railway transport and the responsibility to observe such regulations.

4. When discovering mistakes, the verification authority shall ask the owners of dedicated railways connected to national railways, national railway infrastructure trader to immediately rectify such mistakes occurring during the establishment, adjustment, publication or application of the timetable. If the above-mentioned subjects fail to rectify the mistakes which pose a risk to the safety of railway transport, the verification authority may ask for the cease of railway transport until all mistakes are corrected.

Article 13. Authorities in charge of verifying and supervising the application of the timetable

The Vietnam Railway Authority may verify and supervise organizations and individuals relating to the establishment, publication, adjustment and application of the timetable established and published by the national railway infrastructure trader and owner of dedicated railways connected to national railways.

Chapter III

CONTROL OF RAILWAY TRANSPORT AND RAILWAY TRANSPORT CONTROL SERVICE CHARGE

Article 14. Principles of railway transport control

1. Stay focus and consistent with the published timetable
To be specific:

a) Railway infrastructure traders shall command and control the transport of train running on their railway infrastructure.

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2. Ensure the safety of railway transport following the timetable
To be specific:

a) All traffic accidents or incidents caused by neglect during the works of railway transport control must be prevented;

b) All regulations on train operation dispatching command prescribed in Clause 2 in Article 38 of the law on railway transport must be satisfied.

3. Ensure the equality among railway transport traders as below:

a) The control of railway transport must ensure the orders of priority of train types as prescribed in this Circular;

b) Any change in the order of priority of train types during the railway transport control must provide a good reason and must be approved by the Director of the national railway infrastructure trading company as well as the owner of dedicated railways;

c) For special cases in which the route of trains that are running on railway lines is required to be adjusted as those trains are facing acts of God, accidents, incident or obstacle on the way or there are more special trains running on the same lines, the control of railway transport must make sure that such route will be adjusted in accordance to regulations in Clause 2 in Article 11 of this Circular.

Article 15. Contents

1. Establish, allocate and publish the timetable as below:

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b) Where necessary, adjust the timetable in accordance to regulations in this Circular.

2. Arrange the railway transport in a concentrated and consistent manner, ensure the flow and safety of traffic in compliance with the published timetable, regulations on railway signaling and rules and train operation order as follows:

a) Arrange the pick-up, storing, dissolution, formation and shunting of the train;

c) Arrange the train shunting serving the loading and unloading of cargo;

d) Arrange the train operation and train shunting serving the construction and repair of railway infrastructure;

e) Control the railway transport on national railways in connection with the railway transport control applied to dedicated railways connected to national railways.

3. Command to handle emergency or extraordinary issues occurring on the railways as below:

a) Mobilize human resources, vehicles and equipments of the railway transport traders and arrange the train operation or train shunting serving the works of rescuing when traffic accidents occur on the railway;

b) Adjust the route of train running on each section, line of railways for the purpose of recover the timetable in the shortest time after such accidents;

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d) Temporarily suspend the train operation when discovering a risk to the railway transport safety.

4. Receive and gather all information regarding the works of railway transport control including:

a) Information on passengers, cargo, accidents, incidents, construction or repair of the railway infrastructure;

b) Information on the actual route of the train running on the railway line;

c) Information on the use of locomotives and coaches

5. Cooperate with international railway organizations in controlling railway transport as follows:

a) Preside over and cooperate in controlling railway transport regarding the arrangement of trains running on international railways at blocks and bordering stations under management of Vietnam Railway Authority;

b) Preside over and cooperate in controlling railway transport when foreign forces and railway vehicles entering Vietnam to assist in the work of searching and rescuing.

6. Store the data with regard to the work of railway transport control as required by laws.

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1. The national railway infrastructure trader shall take responsibility to control the transport on national railways following the published timetable.

2. The owner of dedicated railways shall take responsibility to control the transport on dedicated railways under the management following the published timetable.

Article 17. Railway transport control service charge

1. The State shall quote the charge for controlling transport on state-invested railway infrastructure in the form of maximum charge depending on each railway line.

2. The Ministry of Transport has the authority to decide the maximum charge depending on each railway line after consulting the Ministry of Finance.

Article 18. Principles for imposing the charge on railway transport control service

1. Making up the realized production costs fairly and earn profits in consistent with the market price and the policy on socio-economic development issued by the State in each period.

2. Excluding the depreciation of railway infrastructure assets invested by the State to serve the work of transport control.

3. Excluding the value of commercial benefit on each railway line

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1. Valuation method: depending on the costs

2. Applied term: A year

3. Unit of measurement: Train.Km

Article 20. Approval for the plan for proposed charge for controlling railway transport

1. An application for approval, time for appraising the charge and decision on the charge shall be comply with regulations of the law on price management in force.

2. Submit, appraise and decide the charge: The national railway infrastructure trader shall make a plan for proposed charges and send it to the Vietnam Railway Authority for appraisal; the Ministry of Transport shall decide the charge depending on each railway line after consulting the Ministry of Finance.

Article 21. Adjustments to the railway transport control service charge

1. When the elements determining the railway transport control service charge fluctuates affecting human’s life and production, the national railway infrastructure trader must prepare a plan for adjustments to the charge and submit it to the Vietnam Railway Authority for appraisal; the Ministry of Transport shall decide the adjusted maximum charge after consulting the Ministry of Finance.

2. The application for submission, appraisal and approval for the adjustments to the charge shall be prepared as prescribed in Article 19 and 20 of this Circular.

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Chapter IV

IMPLEMENTATION

Article 22. Responsibilities of the Vietnam Railway Authority

1. Verify, supervise the application of the timetable in accordance to contents prescribed in this Circular.

2. Appraise and submit the maximum charge for railway transport control service depending each railway line to the Ministry of Transport for approval.

3. Consolidate the results of the verification and supervision in the year, difficulties or questions arising during the implementation of the Circular for the purpose of sending a report to the Ministry of Transport.

Article 23. Responsibilities of the national railway infrastructure trader

1. Fulfill all the tasks related to the establishment, publication and adjustment of the timetable, control the railway transport, prepare a plan for the charge or for the adjustments to the charge for the service of controlling transport on the national railways prescribed in this Circular; provide relevant figures to lay a foundation for the establishment of the timetable such as the load of a train, maximum haul order; time for carrying out professional technical procedures, loading and unloading passengers and cargo at the stations; requirements for transport and train operation of railway transport traders sent to the Vietnam Railway Authority.

2. Provide guidelines and verify organizations and individuals under the management in pursuit of satisfying relevant regulations prescribed in this Circular.

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4. Consolidate and send a periodic report to the Vietnam Railway Authority on December 20 each year

Contents contained in the report shall include:

a) the establishment, publication and adjustment of the timetable and the results of its application in the year;

b) the plan and method for the application in the next year;

c) questions arising during the implement of this Circular and proposal of amendments to the timetable

5. Satisfy all requirements of the Vietnam Railway Authority for verification and supervision of the establishment, publication and adjustment of the timetable as well as the control of railway transport; prepare a plan for the charge and adjustments to the charge for railway transport control service prescribed in this Circular.

Article 24. Responsibilities of the owner of dedicated railways

1. Fulfill all the tasks related to the establishment, publication and adjustment of the timetable, control the transport on dedicated railways prescribed in this Circular; the owner of dedicated railways connected to national railways must provide relevant figures to lay a foundation for the establishment of the timetable such as the load of a train, maximum haul order; time for carrying out professional technical procedures, loading and unloading passengers and cargo at the stations; requirements for transport and train operation of railway transport traders sent to the Vietnam Railway Authority.

2. Provide guidelines and verify organizations and individuals under the management in pursuit of satisfying relevant regulations prescribed in this Circular.

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4. Consolidate and send a periodic report to the Vietnam Railway Authority on December 20 each year

Contents contained in the report shall include:

a) the establishment, publication and adjustment of the timetable applied to trains running on dedicated railways connected to national railways and the results of the application of such timetable in the year;

b) the plan and method for the application in the next year;

c) questions arising during the implement of this Circular and proposal of amendments to the timetable

5. Satisfy all request of the Vietnam Railway Authority for verification and supervision of the establishment, publication and adjustment of the timetable as well as the control of railway transport prescribed in this Circular.

Article 25. Responsibilities of the railway transport trader

1. Sufficiently and accurately provide all information on transport requirements, the capacity of vehicles, transport equipments that assist the national railway infrastructure trader and owner of dedicated railways in the establishment, publication and adjustment of the timetable, control of railway transport.

2. Ensure that the railway vehicles are always consistent with the railway infrastructure published by the national railway infrastructure trader and owner of dedicated railways.

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4. Cooperate with the national railway infrastructure trader, owner of dedicated railway connected to national railways in adjusting the timetable applied to current trains and additional trains running on the railways prescribed in Clause 2 in Article 11 of this Circular when traffic accidents or incidents occur in the national railways, dedicated railways connected to national railways, as required.

5. Provide guidelines and verify relevant organizations and individuals under the management in pursuit of satisfying relevant regulations prescribed in this Circular.

6. Satisfy all request of the Vietnam Railway Authority for verification and supervision of the establishment, publication and adjustment of the timetable as well as the control of railway transport prescribed in this Circular.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Effect

1. This Circular comes into force from July 01, 2018.

2. Circular No.78/2015/TT-BGTVT dated December 09, 2015 of the Ministry of Transport on regulations on establishment, promulgation and publication of the maximum load order, maximum speed order, timetable applied to trains running on national railways will expire from the day on which this Circular comes into force.

Article 27. Transfer regulations

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Article 28. Implementation

Chief of the Ministry Office, Chief of Ministry Inspectorate, Director General, Director of the Vietnam Railway Authority, Directors of agencies, relevant organizations and individuals shall take responsibility to implement this Circular./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Ngoc Dong