Circular 23/2018/TT-BGTVT on handling railway incidents and accidents analysis railway incidents

• Official number: 23/2018/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Nguyen Ngoc Dong
• Issued Date: 04/05/2018

THE MINISTRY OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 23/2018/TT-BGTVT	Hanoi, May 4, 2018

CIRCULAR

ON HANDLING RAILWAY INCIDENTS AND ACCIDENTS, ANALYSIS AND REPORT OF RAILWAY INCIDENTS AND ACCIDENTS

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Law on Railway No. 06/2017/QH14 dated June 16, 2017;

Pursuant to Government's Decree No. 12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Department on Traffic Safety and Director of Vietnam Railway Authority;

The Minister of Transport shall promulgate a Circular on handling railway incidents and accidents, analysis and report of railway incidents and accidents.

Chapter I

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Article 1. Scope

This Circular sets forth procedures, details and measures to deal with railway incidents and accidents; responsibilities of involved entities in dealing with railway incidents and accidents; analysis and reports on railway incidents and accidents.

Article 2. Regulated entities

This Circular applies to entities related to railway transport.

Article 3. Interpretation of terms

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

1. “Chairperson of rescue body” means a person in charge of dealing with railway incidents and accidents at the scene.

2. “Chairperson of analysis body” means a person in charge of analyzing railway incidents and accidents.

3. “Dealing with railway incident/accident" means the rescue and restoration of rail traffic; and cooperation in investigation and analysis of causes of railway accidents.

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5. “Dead person” means an individual who dies at the scene of a railway accident or an injured person in such an accident who dies during transport in ambulance or dies in a hospital.

6. “Railway incident” means an event occurring in the railway transport operation causing obstructions to train running but not the result of a railway accident.

7. “Railway accident” means collisions, derailments involving the operation of on-track vehicles; collisions with persons and other vehicles; or collisions with obstructions on the track that cause fatalities or injuries to people and cause damage to property; urban railway fires.

8. “Railway operation unit” means a unit which is designated to operate the railway transport in accordance with Law on Railway.

Article 4. Rules for dealing with railway incident/accident

1. Rules for dealing with railway incident/accident:

a) A record must be taken in any railway incident;

b) When a railway incident occurs in a block, the train captain or train operator (in case of absence of train captain) is responsible for taking a record. If a railway incident occurs within a station area, the traffic controller, station master or railway worker serving train running (in case of urban railway) is responsible for taking a record;

c) The railway incident must be reported to relevant entities in a timely manner.

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a) When a railway accident takes place, railway-related entities shall ensure safety and restore traffic in an expeditious and timely manner;

b) Rush to rescue victims, protect scene, and protect property of state, enterprises and victims;

c) Any railway accident must be recorded and reported to relevant entities in a timely manner as prescribed in this Circular;

d) Competent authorities or persons shall, on receiving a report on railway accident, rush to scene to deal with it and refrain from impeding the restoration of railway traffic after the railway accident took place;

dd) The restoration of railway traffic may not impede the investigation of specialized agencies;

e) The chairperson of rescue body is entitled to mobilize all available resources on the scene to rescue and deal with the railway accident.

Article 5. Rescue body

When a railway incident/accident takes place, a rescue body must be established as soon as possible as follows:

1. The national railway infrastructure company shall establish a rescue body against the accident on the national railway; if the railway accident is ranked as critical in the severity scale and related to multiple sectors or fields, it shall report it to the Ministry of Transport for establishing a rescue body.

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3. The dedicated railway company shall establish a rescue body against the accident on the dedicated railway and ranked as serious or moderate in the severity scale; if the accident is ranked as severe or critical in the severity scale and related to multiple sectors or fields, it shall report to the President of the People’s Committee of province for establishing a rescue body.

4. The national railway infrastructure company, urban railway company, and dedicated railway company shall stipulate regulations on establishment of the railway rescue body within its scope of management, except for those established by the Ministry of Transport or People’s Committee of province.

5. Composition of rescue body:

a) Regarding national railway:

The head of national railway infrastructure company: Chairperson;

The head of railway transport company;

Relevant railway companies;

Representatives of People’s Committees of administrative divisions where the railway incident/accident occurs;

Related entities that are chosen by the person competent to establish the rescue body depending on reasons and severity scales of the railway incident/accident;

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b) Regarding urban railway:

The head of urban railway company: Chairperson;

Relevant railway companies;

Representatives of People’s Committees of administrative divisions where the railway incident/accident occurs;

Related entities that are chosen by the person competent to establish the rescue body depending on reasons and severity scales of the railway incident/accident;

If a railway accident as deemed severe or critical takes place on the urban railway, the urban railway company shall report it to the President of the People’s Committee of province for establishing a rescue body.

c) Regarding dedicated railway:

The dedicated railway company: Chairperson;

The national railway infrastructure company (in case of dedicated railway connecting to the national railway);

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Representatives of People’s Committees of administrative divisions where the railway incident/accident occurs;

Related entities that are chosen by the person competent to establish the rescue body depending on reasons and severity scales of the railway incident/accident;

If a railway accident as deemed severe or critical takes place on the dedicated railway, the dedicated railway company shall report it to the President of the People’s Committee of province for establishing a rescue body.

6. The rescue body shall perform duties as prescribed in Article 37 of this Circular.

Article 6. Analysis body

Within 3 working days from the date on which the railway incident/accident takes place, an analysis body shall be established as follows:

1. Regarding accidents on national railway:

a) The railway infrastructure company shall establish an analysis body against the accidents (except for critical railway accidents);

b) Vietnam Railway Authority shall establish an analysis body against accidents ranked as critical in the severity scale; if a critical accident takes place involved in multiple sectors or fields, it shall report it to the Ministry of Transport for establishing an analysis body.

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3. Composition of analysis body:

a) Regarding national railway:

The head of Vietnam Railway Authority: Chairperson (in case of critical accidents);

The head of railway infrastructure company or Chairperson of analysis body against the accidents (except for critical accidents);

The head of railway transport company;

Relevant railway companies;

Related entities that are chosen by the person competent to establish the rescue body depending on reasons and severity scales of the railway incident/accident;

If a railway accident as deemed critical takes place on the national railway and involved in a multiple sectors or fields, Vietnam Railway Authority shall report it to the Ministry of Transport for establishing an analysis body.

b) Regarding urban railway or dedicated railway: Depending on severity and nature of a railway incident/accident, analysis body shall be composed of corresponding members as provided in Point b, Point c Clause 5 Article 5 hereof. In exceptional circumstances, experts of railway transport safety may be invited to join the analysis body.

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Chapter II

CLASSIFICATION AND PROCEDURES FOR DEALING WITH RAILWAY INCIDENTS AND ACCIDENTS

Section 1. Classification of railway incidents and accidents

Article 7. Classification by reasons

A railway incident/accident may takes place due to subjective and objective causes:

1. Subjective causes refer to violations committed by entities of railway business enterprises against railway transport laws and regulations.

2. Objective causes refer to force majeure events (natural disasters, hostility) or other causes not set out in Clause 1 hereof.

Article 8. Classification by accident severity scale

1. Moderate railway accident refers to an accident that involves 1 to 5 injured persons or damaged property worth from VND 20 million to under VND 100 million.

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3. Severe railway accident refers to an accident that involves 2 dead persons or from 9 to 10 injured persons or damaged property worth from VND 500 million to under VND 1.5 billion.

4. Critical railway accident refers to an accident with 3 dead persons or at least 11 injured persons or damaged property worth at least VND 1.5 billion.

Section 2. PROCEDURES FOR DEALING WITH INCIDENTS OR ACCIDENTS ON NATIONAL RAILWAY OR DEDICATED RAILWAY

Article 9. Giving first aid and further emergency care to victims

1. Responsibilities for giving first aid to victims

a) When a railway accident occurs within a section, the train captain or train operator (in case of absence of train captain) shall give first aid.

b) When a railway accident occurs within the train station, the station master or traffic controller shall give first aid.

2. Details of first aid and further emergency care given to victims

Depending upon circumstances, the following actions shall be taken:

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b) Rescue or pick victims up to a train or locomotive and bring them to the most convenient train station for emergency in a case where the train and railway are not damaged and further train running is allowed as per the law;

c) If it is impossible to bring the victims who are given first aid to emergency facilities as prescribed in Point a, Point b hereof, the nearest People’s Committee, involved entity, or health facility shall be requested to provide equipment and medicine aid for further emergency given to the victims;

d) When any person is injured in a station or is brought off a train to a station, the station master or traffic controller shall give emergency aid to the victim;

e) Perform other duties prescribed in Article 44 of Law on Railway.

Article 10. Safeguard at incident/accident scene

1. Incidents/accidents occurring within section:

a) The train captain or train operator shall conduct safeguard at the incident/accident scene as prescribed;

b) If there is no train captain in the train, the station masters or traffic controllers from two sides of the section, the train dispatcher or the railway operation unit shall, on receiving the accident report from the train operator, take action to block off the section as soon as possible (if any) or notify the train operator of the next train (if any) for further protection as prescribed.

2. Incidents/accidents occurring within the train station: The traffic controller shall conduct safeguard at the incident/accident scene as prescribed.

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Article 11. Notifying railway accidents and further actions

1. When an accident occurs, the train captain or train operator (in case of absence of train captain) must notify the train dispatcher or traffic controller of the nearest train station of such accident as soon as possible.

2. The recipient of notification prescribed in Clause 1 hereof shall forward it to the following entities as quickly as possible:

a) The traffic controllers of stations located in two sides of the section;

b) The station master;

c) The rail transport control organization;

3. The station master shall forward it to the following entities immediately:

a) The nearest police authority and People’s Committee for further actions against accident;

b) The nearest regional railway inspection and safety group or office affiliated to Vietnam Railway Authority if the accident takes place on the national railway;

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d) Relevant entities within the station area.

4. After receiving the notification, the railway operation unit shall:

a) Forward it to the head of national railway infrastructure company if the accident occurs on the national railway, to the head of dedicated railway company if the accident occurs on the dedicated railway for further actions;

b) Forward it to the head of Vietnam Railway Authority for cooperation in further actions if the accident occurs on the national railway, to the owner of dedicated railway if the accident occurs on the dedicated railway for cooperation in further actions;

c) Forward it to the Department of Traffic Safety (affiliated to the Ministry of Transport) if the accident occurs on the national railway.

5. If the accident is likely to cause traffic jam on the main route for many hours, the head of national railway infrastructure company shall notify the People’s Committees at all levels of such accident and keep them informed of process and results for timely reports to Vietnam Railway Authority and the Ministry of Transport.

6. If it is behind the train running schedule in the section but the train involved in accident remains unknown, the traffic controller of the arrival station must notify the traffic controller of departure station of location of the train in the section. The traffic controller must also notify the train dispatcher to take appropriate actions.

7. Methods of notification:

a) The train captain or train operator (in case of absence of train captain) must find any available measures, via means of communications or in person, to notify the accident to relevant entities as prescribed in Clause 1 hereof.

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8. Contents of notification:

a) Initial information about accident must be accurate and provided in a timely manner;

b) The initial information about accident must at least contain: location (km, section, route, commune, ward, urban district, suburban district, province, or city); accident time; number of fatalities, number of injuries at the accident time; preliminary scene, vehicles involved in the accident; infrastructure damage caused by the accident;

c) Apart from initial notification prescribed in Point a, Point b Clause 9 hereof, the train captain or train operator (in case of absence of train captain) (if the accident happens within the section); the station master or traffic controller (if the accident happens within the station) must make a report (using form in Appendix thereto).

9. Further actions against the notification:

a) Any entity taking responsibility in the scope under which the accident falls shall, on receiving such an accident notification or a request for cooperation or support in notification, seek every available measure to follow the request and respond to the request sender (if possible), and perform tasks and practices as;

b) Any entity not taking responsibility in the scope under which the accident falls shall forward the notification to entities in charge and cooperate closely upon request of those entities.

Article 12. Making dossier of railway accident

1. Persons holding positions prescribed in Clause 1 Article 9 hereof shall make a dossier of railway accident.

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3. The dossier of railway accident:

a) An accident report using the Form in Appendix 1 thereto;

b) An accident record using the Form in Appendix 2 thereto;

c) A report made by a railway worker using the Form in Appendix 3 thereto;

d) A report made by witnesses unrelated to the accident (if any) using the Form in Appendix 4 thereto;

dd) A document recording transfer of victims, property and relevant documents related to the accident using the Form in Appendix 5 thereto;

e) An accident scene diagram using the Form in Appendix 6 thereto.

4. The station master or traffic controller of arrival station shall, upon making or receiving the dossier of railway accident, copy documents therein and send them, in person or by post, to the following:

a) 1 set of copied dossier to the police department of the district where the railway accident occurs;

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c) 1 set of copied dossier to the railway operator affiliated to national railway infrastructure company or 1 set of copied dossier to the dedicated railway enterprise if the railway accident occurs on the dedicated railway;

d) Such a dossier prescribed in Points a, b and c hereof shall be sent within 48 hours since the accident occurred.

Article 13. Notifying railway accidents, further actions and making of accident dossier

1. The railway infrastructure company shall set forth regulations on railway accident notifications, further actions, and making of dossiers related on accidents on the national railway.

2. The owner of dedicated railway shall set forth regulations on railway accident notifications, further actions, and making of dossiers related on accidents on the dedicated railway.

Article 14. Addressing the consequences of railway accidents involving fatalities

1. Upon occurrence of a railway accident involving fatalities within a section, the train captain or train operator (in case of absence of train captain) must have railway workers stay there to guard the victims and protect their property until they are transferred to the competent authority for further actions as per the law, in particular:

a) The train captain shall have railway workers perform such a duty;

b) In case of absence of train captain, the train operator shall have the co-train operator or railway workers of other organizations at the scene (if any) to guard the victims; the train operator is allowed to keep operating the train with the speed adequately secured to come to the nearest station ahead;

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2. If the location where a dead person lies obstructs the train running, the person in charge prescribed in Clause 1 hereof shall mark or determine such a location (with indication in the accident record) and bring him/her off that location in order for the train to keep running.

3. If a person dies on the train, the train captain or train operator (in case of absence of train captain shall:

a) Bring the body down to the nearest station, follow the procedures and transfer him/her to the station master or traffic controller of the station for further actions;

b) If the victim has relative(s) in company and if wishes, he/she may be brought down to the most convenient station provided that it does not exceed 100 km far from the location where the victim dies;

c) In any case, the victim may not be taken back to the departure station.

4. If there is a dead person involved in a railway accident within the train station or brought off a train, the station master or traffic controller shall guard him/her and protect his/her property and cooperate with the police authority and other specialized agencies for further actions.

5. Procedures for burial of victims:

a) If the dead person has relative(s) in company or is a local person or a worker of an entity near to the station, the person in charge and victim’s relatives shall collaborate with the People’s Committee of commune or police authority where the accident takes place to follow burial procedures as per the law;

b) If the dead person has unknown whereabouts or no relatives, or has relatives but they cannot afford the burial, after completion the dossier of accident, the person in charge shall contact the local government where the accident occurs to transfer the body of victim for burial as prescribed in Clause 4 Article 44 of the Law on Railway;

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6. The documentation recording the burial shall be made as per the law.

7. If the Chairperson of rescue body or the person in charge assume the prime responsibility for dealing with the accident at the scene (if the station master is not responsible for such accident), the station master shall submit reports and take action against consequence related to the dead person under direction of the Chairperson of rescue body or the person in charge.

Article 15. Restoration of railway traffic with request for rescue

1. When a railway incident/accident or unusual event occurs that cause the train stops, but those who are present at the scene are not capable of securing that the train may keep running with safety, the train captain or train operator (if the accident occurs within the section), the station master or traffic controller (if the accident occurs within the station), the nearest railway infrastructure company and People’s Committee shall be requested for rescue.

2. Responsibilities of the person requesting rescue:

a) Promptly observing the scene, sum up the situation and make a complete and accurate request for rescue and take responsibility for its contents;

b) After request for rescue, cooperating with relevant workers and entities present at the scene in inspecting and examining the scene and making an initial record and have person(s) stay there to protect the scene until the specialized agency comes for further actions.

3. On receiving a notification of accident related to a train accident happening within the section is made by a non-railway worker in the section, station master or traffic controller receiving the notification shall forward it to the train dispatcher and station master or traffic controller of the nearest train station so as to have person(s) in charge to come to the scene and reach a consensus on making a request for rescue as fast as possible.

4. When the representative of competent railway infrastructure company comes, the train captain or train operator (if the accident occurs outside the section), station master or traffic controller (if the accident happens within the station) must hand over related documentation, equipment and evidence as required.

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6. Upon receiving a request for rescue, each People’s Committee shall cooperate with the railway infrastructure company and come to the rescue as per the law.

Article 16. Restoration of railway traffic without request for rescue

1. After the railway incident/accident occurs, the train captain or train operator (if the accident occurs within the section); station master or traffic controller (if the accident happens within the station) may have the train keep operating after the following procedures are carried out: cooperating with relevant individuals in checking locomotive, cars, and devices on the railway and making sure that every obstacles are carried off the loading gauge of locomotive or cars, making a dossier of accident, and having railway worker(s) stay at the scene to work with competent authorities (if the accident occurs within the section).

2. If a train collides with obstacles without threatening the train running safety or causing damage to people, it is not required to stop.

3. The national railway infrastructure company shall set forth rescue and restoration of railway traffic without request for rescue on the national railway; the dedicated railway company shall set forth rescue and restoration of railway traffic without request for rescue on the dedicated railway.

Article 17. Initial fund for addressing railway incident/accident consequences

1. The national railway infrastructure company shall advance an initial fund for addressing the railway incident/accident consequences as per the law.

2. The dedicated railway company shall advance a fund for addressing the consequences of railway incidents/accidents on the dedicated railway.

Article 18. Determination of incident/accident severity scale

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1. The railway infrastructure company shall determine the severity scale caused by the railway incident/accident within the scope of railway assigned to operate and:

a) Make and approve the estimated damages to be paid for vehicles or other losses as a result of the incident/accident;

b) Make and approve the estimated damages to be paid for the national railway infrastructure in accordance with law on construction if the damages worth under VND 500 million.

2. The Vietnam Railway Authority shall appraise and approve the aforesaid estimate submitted by the railway infrastructure company if the damages to be paid for the national railway infrastructure worth at least VND 500 million; then it shall send a report to the Ministry of Transport.

3. Where it is necessary to have verification and investigation from the investigation body, the damages to be paid shall be based on the investigation body’s findings as to actions against violations, investigation, actions against the railway incident/accident and actual severity scale.

4. The owner of dedicated railway shall decide how to determine the severity scale of railway incidents and accidents on the dedicated railway.

Article 19. Payment of damages

1. The railway infrastructure company shall pay damages for railway incidents and accidents on the national railway.

2. Every entity, if committing violations that cause the incident/accident, shall pay damages and pay expenses associated with railway incident/accident rescue as per the law.

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4. If the involved parties in the incident/accident fail to come into an arrangement to rectify the consequences, the final and conclusive decision issued by the competent legal authority shall apply.

5. The owner of dedicated railway shall decide the damages to be paid for railway incidents and accidents on the dedicated railway.

Section 3. PROCEDURES FOR DEALING WITH INCIDENTS OR ACCIDENTS ON URBAN RAILWAY

Article 20. Giving first aid and further emergency care to victims

1. Responsibilities for giving first aid to victims:

a) When a railway accident occurs within a section, the train operator or train safety staff shall give first aid;

b) When a railway accident occurs within the train station, the staff serving train running shall give first aid.

2. Details of first aid given to victims:

Depending upon circumstances, the following actions shall be taken:

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b) If it is impossible to take action as prescribed in Point a hereof, promptly pick victims up to a train or locomotive and bring them to the nearest train station for emergency in a case where the train and railway are not damaged and further train running is allowed as per the law;

c) If it is impossible to take action as prescribed in Point a, Point b hereof, the nearest People’s Committee, involved entity, or health facility shall be requested to provide equipment and medicine aid for further emergency given to the victims;

d) When any person is injured in a station or is brought off a train to a station, the staff serving train running shall give emergency aid to the victim;

e) Perform other duties prescribed in Article 44 of Law on Railway.

Article 21. Safeguard at incident/accident scene

1. Upon occurrence of an incident/accident on the urban railway, the train operator or safety staff (if the automatic train operation is active) shall notify the train dispatcher of urban railway transport operation center to take safeguard measures at the accident scene and other oncoming trains.

2. After notifying the train dispatcher of the accident, the train operator or safety staff shall take safeguard measures and comfort the train passengers.

3. The urban railway company shall set forth regulations on safeguard measures when the train stops.

Article 22. Notifying railway accidents and further actions

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2. The train dispatcher shall forward it to the following entities as quickly as possible:

a) Stations located in two sides of the section;

b) The urban railway company.

3. The urban railway company shall forward it to the following entities immediately:

a) The nearest police authority;

b) The People's Committee of province (in case of fatal accident and in case the cooperation of People’s Committees at all levels is necessary) and relevant entities.

4. The urban railway company shall stipulate regulations related to notification of railway incidents that not cause train stop, main line bottleneck, or affect train operation timetable.

5. If it is behind the train running schedule in the section but the train involved in accident remains unknown, the staff serving train running of the arrival station must notify the railway operation unit of such accident to take action and identify the train’s location. The staff serving train running must also notify the train dispatcher to take appropriate actions.

6. Methods of notification:

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b) If an individual prescribed in Clauses 1, 2 and 3 hereof cannot contact any of relevant entities; he/she may request any person whom he/she contacts successfully to cooperate in notifying them.

7. Initial information about incident/accident must be accurate and provided in a timely manner and at least contain:

a) Location (km, section, route, commune, ward, urban district, suburban district, province, or city);

b) Incident/accident time;

c) Number of fatalities, number of injuries (if any);

d) Preliminary scene, vehicles involved in the incident/accident; infrastructure damage caused by the accident;

dd) Apart from initial notification prescribed in Clause 1 hereof, the train dispatcher must make a report (using form in Appendix thereto). The accident report shall be sent together with the dossier of accident to the specialized agencies prescribed in Clause 3 Article 22 hereof.

8. Further actions against the notification:

a) Any entity shall, on receiving such an incident/accident notification or a request for cooperation or support in notification, seek every available measure to follow the request and respond to the request sender (if possible), and perform tasks and practices as prescribed if the incident/accident falls into their responsibility.

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Article 23. Making dossier of railway accident

1. Persons holding positions prescribed in Clause 1 Article 20 hereof shall make a dossier of railway accident.

2. The dossier of railway accident prescribed in Clause 1 hereof shall be transferred to the staff serving train running of the nearest station, which is forwarded it to the entities as prescribed in Clause 4 hereof.

3. The dossier of railway accident prescribed in Clause 1 hereof shall include:

a) An accident report using the Form in Appendix 1 thereto;

b) An accident record using the Form No. 02 in Appendix thereto;

c) A report made by a railway worker using the Form in Appendix thereto;

d) A report made by witnesses unrelated to the accident (if any) using the Form in Appendix 4 thereto;

dd) A document recording transfer of victims, property and relevant documents related to the accident using the Form in Appendix 5 thereto;

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4. The staff serving train running of arrival station shall, upon receiving the dossier of railway accident prescribed in Clause 2 hereof, copy documents therein and send them, in person or by post, to the following:

a) 1 set of copied dossier to the police department of the district where the railway accident occurs;

b) 1 set of copied dossier to the railway operation unit;

c) 1 set of copied dossier to the railway operator affiliated to urban railway company;

d) Such a dossier prescribed in Points a, b and c hereof shall be sent within 12 hours since the accident occurred.

Article 24. Notifying railway accidents, further actions and making of dossier

The urban railway company shall set forth regulations related to notification of railway incidents, making of dossier of urban railway accidents that not cause train stop, main line bottleneck, or affect train operation timetable.

Article 25. Addressing the consequences of railway accidents involving fatalities

1. Upon occurrence of a railway accident involving fatalities, the train operator or safety staff (if the accident occurs within a section) or staff serving train running (if the accident occurs within a station) must take initial action to address the consequences.

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a) The safety staff shall stay at the scene to guard the victims and protect their property until they are transferred to the competent authority for further actions;

b) If the location where a dead person lies obstructs the train operation, the safety staff shall mark or determine such a location (with indication in the accident record) and bring him/her off that location for the train to continue running.

c) If the accident occurs while there is solely one train operator on board, the train operator may have railway workers on duty at or near to the scene to guard the victims and protect their property;

d) If it is impossible to comply with Point c hereof, the train operator shall contact the staff serving train running at the nearest station to have someone come to the scene to guard the victims and protect their property. While awaiting staff serving train running at the station to come and guard the victims and their property, the train operator must perform such duty himself/herself.

4. If a person dies on the train, the train operator or safety staff shall bring the body down to the nearest station, follow the procedures and transfer him/her to the staff serving training running for further actions.

5. If there is a dead person involved in a railway accident within the train station or brought off a train, the staff serving train running shall guard him/her and protect his/her property and cooperate with the police authority and other specialized agencies for further actions.

6. Procedures for burial of victims:

a) If the dead person has relative(s) in company, the staff serving train running and victim’s relatives shall collaborate with the People’s Committee of commune or police authority where the accident takes place to follow burial procedures as per the law;

b) If the dead person has unknown whereabouts or no relatives, the staff serving train running and victim’s relatives shall collaborate with the People’s Committee of commune or police authority where the accident takes place to follow burial procedures as prescribed in Clause 4 Article 44 of Law on Railway;

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7. The documentation recording the burial shall be made as per the law.

8. If the Chairperson of rescue body or the person in charge assume the prime responsibility for dealing with the accident at the scene (if the staff serving train running is not responsible for such accident), the staff serving train running shall submit reports and take action against consequences related to the dead person under direction of the Chairperson of rescue body or the person in charge.

Article 26. Restoration of railway traffic with request for rescue

1. When a railway incident/accident or unusual event occurs that cause the train stops, but those who are present at the scene are not capable of securing that the train may keep running with safety, the train operator or safety staff (if the accident occurs outside the section), the staff serving train running (if the accident occurs within the station), the railway operation unit shall be requested for rescue.

2. The person who requests rescue shall promptly observe the scene, sum up the situation and make a complete and accurate request for rescue and take responsibility for its contents. After request for rescue, he/she shall cooperate with relevant workers and entities present at the scene in inspecting and examining the scene and making an initial record and have person(s) stay there to protect the scene until the specialized agency comes for further actions.

3. On receiving a notification of accident related to a train accident happening within the section is made by a non-railway worker in the section, staff serving train running who receives the notification shall forward it to the train dispatcher of the train running organization to come to the scene and reach a consensus on making a request for rescue as fast as possible.

4. When the representative of urban railway company or competent authority comes, the train operator or safety staff (if the accident occurs within the section), the staff serving train running (if the accident happens within the station) must hand over related documentation, equipment and evidence as required.

5. The urban railway company shall set forth rescue and restoration of railway traffic on the railway within its operation.

Article 27. Restoration of railway traffic without request for rescue

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2. If a train collides with obstacles without threatening the train running safety or causing damage to people, it is not required to stop.

Article 28. Initial fund for addressing railway incident/accident consequences

The urban railway company shall allocate a fund for addressing the railway incident/accident consequences within the scope of routes assigned for operation as per the law.

Article 29. Determination of incident/accident severity scale

In order to facilitate the payment of damages, the severity scale shall be determined as follows:

1. The urban railway company shall determine the severity scale caused by the railway incident/accident within the scope of railway assigned to operate and:

a) Make and approve the estimated damages to be paid for vehicles or other losses as a result of the incident/accident;

b) Make the estimate of damages to be paid for the railway infrastructure caused by the incident/accident and submit it to the decentralized regulator or authorized agency by the People's Committee of province for appraisal, which is thereafter forwarded it to People’s Committee of province for approval as basis for payment of damages.

2. Where it is necessary to have verification and investigation from the investigation body, the damages to be paid shall be based on the investigation body’s findings as to actions against violations, investigation, actions against the railway incident/accident and actual severity scale.

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1. The urban railway company shall pay damages caused by railway incidents and accidents on the urban railway as per the law;

2. Every entity, if committing violations that cause the incident/accident, shall pay damages and pay expenses associated with railway incident/accident rescue as per the law.

3. After addressing the consequences of railway incident/accident completely, the urban railway company and the party causing damage shall come to an arrangement to rectify the consequences and pay damages and make a commitment; such a commitment shall specify the amounts, method and time for payment of damages between the parties and bear signatures, full names of involved individuals.

4. If the involved parties in the incident/accident fail to come into an arrangement to rectify the consequences, the final and conclusive decision issued by the competent legal authority shall apply.

Chapter III

ANALYSIS OF AND REPORTS ON RAILWAY INCIDENTS AND ACCIDENTS

Article 31. Analysis of railway incidents and accidents

1. A railway incident/accident shall be analyzed to find out causes, liabilities, propose remedial measures and prevention for similar circumstances. The railway incident/accident shall be investigated in accordance with laws and regulations in force.

2. Within 5 working days from the date on which analysis findings are received, the Chairperson prescribed in Points a, b, c Clause 5 Article 5 hereof shall send them to the following:

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b) The regulator affiliated to the People's Committee of province where the urban railway lies, if the railway incident/accident occurs on the urban railway;

c) The owner of dedicated railway, if the railway incident/accident occurs on the dedicated railway.

3. The railway infrastructure company shall send the analysis findings of the accident to Vietnam Railway Authority; Vietnam Railway Authority shall then make a consolidated report and send it to the Ministry of Transport.

Article 32. Records and reports on railway incidents and accidents

1. Every railway incident/accident shall be recorded and maintained to serve as basis for analysis, identification of causes, and summary of general safety operation in the railway industry. The documentation to be maintained includes: dossiers of incidents/accidents prescribed in Clause 3 Article 12 hereof (in case of national railway, dedicated railway), Clause 3 Article 23 hereof (in case of urban railway) and investigation findings issued by the competent police authority.

2. The national railway infrastructure company, urban railway company, dedicated railway company shall:

a) Record and maintain documentation as prescribed in Clause 1 hereof;

b) Make reports on railway incidents and accidents.

3. The report on railway incidents and accidents shall be made using Form in Appendix 7 thereto.

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a) Entities prescribed in Clause 2 hereof shall send regular (monthly, quarterly, or annual) reports or irregular reports upon requests in terms of railway incidents and accidents on national railway, urban railway, dedicated railway to the following:

Regarding national railway: the Ministry of Transport (via email: [email protected]) or Vietnam Railway Authority (via email: [email protected]);Regarding urban railway or dedicated railway: Regulators affiliated to the People's Committee of province;

b) Monthly reports: The report shall be made for the period from the 16^th day of the previous month to the 15^th day of the reporting month; and it must be submitted within the period from the 16^th day to the 20^th of the reporting month;

c) Quarterly reports: The report shall be made for the period from the 16^th day of the previous quarter to the 15^th day of the reporting quarter; and it must be submitted within the period from the 16^th day to the 20^th of the reporting quarter;

d) Annual reports: The report shall be made for the period from December 16^th of the previous quarter to December 15^th inclusive of the reporting year; and it must be submitted within the period from the December 16^th day to the 20^th of the last month of the reporting year;

dd) Contents and forms: Using forms No. 7 and 8 thereto;

e) Within 5 working days from the date on which a report made by the railway business enterprise prescribed in Clause 4 hereof is received:

Vietnam Railway Authority shall send a consolidated report on railway incidents and accidents to the Ministry of Transport;

The decentralized regulators or authorized agencies of the People's Committee of province shall send a consolidated report on incidents and accidents on urban railway and dedicated railway to People’s Committee of province;

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Article 33. Management of database of railway incidents and accidents

1. Every railway incident/accident shall be recorded, maintained and provided for competent authority upon requests.

2. Entities prescribed in Clause 2 Article 32 hereof shall update the database of railway incidents and accidents and ensure the data provided as prescribed in Clause 1 hereof is accurate.

Chapter IV

RESPONSIBILITIES OF INVOVLED ENTITIES IN DEALING WITH RAILWAY INCIDENTS AND ACCIDENTS

Article 34. Railway infrastructure companies related to national railway

1. Take charge of dealing with railway incidents and accidents on national railway.

2. Take charge of establishing and participating in rescue bodies or analysis bodies as to incidents/accidents on national railway under their responsibilities as prescribed in this Circular.

3. Participate in rescue bodies or analysis bodies as to incidents/accidents dedicated railway connecting with national railway.

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5. Stipulate regulations on responsibilities of involved entities on national railway in dealing with railway incidents and accidents.

6. Announcing addresses and telephone number of relevant entities in dealing with incidents/accidents as prescribed in this Circular.

7. Perform other tasks in conjunction with dealing with national railway incidents/accidents as prescribed in this Circular and relevant law provisions.

Article 35. Urban railway company

1. Take charge of dealing with railway incidents and accidents on urban railway under their responsibilities.

2. Take charge of establishing and participating in rescue bodies or analysis bodies as to incidents/accidents on national railway under their responsibilities as prescribed in this Circular.

3. Take charge and cooperate with local governments and specialized agencies in dealing with incidents/accidents and restore the railway traffic on urban railway.

4. Stipulate regulations on responsibilities of involved entities on urban railway in dealing with railway incidents and accidents.

5. Announcing addresses and telephone number of relevant entities in dealing with incidents/accidents as prescribed in this Circular.

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Article 36. Owner of dedicated railway or dedicated railway company

1. Take charge of dealing with railway incidents and accidents on dedicated railway under their scope of management.

2. Take charge of establishing and participating in rescue bodies or analysis bodies as to incidents/accidents on dedicated railway under their responsibilities as prescribed in this Circular.

3. Take charge and cooperate with local governments and specialized agencies in dealing with incidents/accidents and restore the railway traffic on dedicated railway.

4. Stipulate responsibilities and rights of affiliated entities in dealing with incidents/accidents on dedicated railway.

5. Announcing addresses and telephone number of relevant entities in dealing with incidents/accidents as prescribed in this Circular.

6. Perform other tasks in conjunction with dealing with dedicated railway incidents/accidents as prescribed in this Circular and relevant law provisions.

Article 37. Responsibilities of rescue body

1. Fulfill all duties and obligations prescribed in Article 5 hereof.

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a) Giving first aid to victims, guarding the scene and victims' property; and following procedures for burial of victims as per the law;

c) Cooperate in investigation, take a scene examination record at the request of the police authority;

d) Gather documentation and evidence in respect of the incident/accident; determine workload and personnel of units participating in rescue;

dd) Propose commendation for and disciplinary actions against entities dealing with the incident/accident; propose measures for restoring ordinary operation of the railway to the competent authorities and address relevant problems arising;

e) Send a consolidated report on damage related to the incident/accident to the specialized agencies for investigation and payment of damages as per the law (if any) for entities suffering damage.

3. The Chairperson shall send reports on railway incidents and accidents to the following:

a) Vietnam Railway Authority, upon requests;

b) The railway infrastructure company, if the railway incident/accident occurs on the national railway;

c) The regulator affiliated to the People's Committee of province where the urban railway lies, if the railway incident/accident occurs on the urban railway;

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4. The body members shall completely perform their tasks and work assignments; every entity participating in dealing with the incident/accident shall be under direction and comply with every decision of the Chairperson or the person in charge.

5. Perform other tasks given by the person setting up the body.

Article 38. Responsibilities of analysis body

1. Fulfill all duties and obligations prescribed in Article 6 hereof.

2. Gather data and documentation in respect of railway incidents and accidents; analyze railway incidents and accidents.

3. Cooperate with police authorities in investigating, verifying, and dealing with railway incidents and accidents.

4. Ensure that the analysis of railway incidents and accidents is truthful, accurate, transparent and timely.

5. Take legal responsibility for analysis findings of railway incidents and accidents.

6. The Chairperson shall report the analysis findings as prescribed in Clause 2 Article 31 hereof.

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Article 39. Responsibilities of Vietnam Railway Authority

1. Expedite, monitor, and cooperate with local governments, railway business enterprises, specialized agencies, involved entities to deal with railway accidents as deemed severe or critical, or incidents threatening the train running safety.

2. Announce addresses, telephone number of Vietnam Railway Authority and regional inspection and safety departments or teams to local governments where railway crosses, and railway business enterprises for dealing with incidents/accidents as prescribed in this Circular.

3. Cooperate with specialized agencies in investigating, verifying, and dealing with railway accident upon requests from competent regulatory bodies.

4. Perform other tasks as prescribed in this Circular.

Article 40. Responsibilities of railway workers upon occurrence of railway incidents and accidents

Exercise rights and fulfill duties and obligations in dealing with railway incidents and accidents as prescribed in Law on Railway and in this Circular.

Article 41. Responsibilities of local governments, decentralized regulators affiliated to the People's Committee of provinces where urban railway or dedicated railway crosses

1. Announcing addresses and telephone number of police authorities, local governments where the railway crosses for actions against railway incidents and accidents as prescribed in this Circular.

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Chapter V

IMPLEMENTATION

Article 42. Entry in force

1. This Circular comes into force as of July 1, 2018.

2. Circular No. 38/2016/TT-BGTVT dated December 2, 2016 of the Minister of Transport on dealing with railway incidents and accidents and Circular No. 74/2015/TT-BGTVT dated November 24, 2015 of the Minister of Transport on dealing with urban railway incidents and accidents cease to be effective from effective date of this Circular.

Article 43. Implementation

The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors, Director of Vietnam Railway Authority, General Directors of railway infrastructure companies, heads of relevant entities shall implement this Circular./.

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