Circular 08/2011/ttlt-Bca-Bgtvt: Regulation On Coordinating The Work Of Ensuring The Orderly, Safe Railway Traffic

Original Language Title: Thông tư liên tịch 08/2011/TTLT-BCA-BGTVT: Quy định về phối hợp thực hiện công tác bảo đảm trật tự, an toàn giao thông đường sắt

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CIRCULAR rules on coordination work of ensuring orderly, safe railway traffic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on railway Law 14/6/2005;
Pursuant to Decree No. 106/2006/ND-CP on 22/9/2006, detailing and guiding the implementation of some articles of the law on the railways;
Pursuant to Decree No. 51/2008/ND-CP on 22/4/2008, functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 77/2009/ND-CP dated 15/9/2009 regulating the functions, duties, powers and organizational structure of the Ministry of public security;
The Ministry of public security and the Ministry of transportation regulations on coordinating the work of ensuring the orderly, safe railway traffic as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the principles, contents, forms and responsible for coordinating the work of ensuring the orderly, safe railway traffic.
Article 2. The object that applies to this circular applies to public security, local units; the Agency, part of the transportation industry and the organizations and individuals who are related to the work of ensuring the orderly, safe railway traffic.
Article 3. Coordination rules ensure the orderly, safe railway traffic 1. In compliance with the provisions of the law on rail transport, the provisions of this circular and the other provisions of the relevant laws.
2. Is based on the functions, duties and powers of the police, local units and functions, duties and powers of the Agency, part of the transportation industry.
3. Ensure the proactive, timely and Unified Exchange when coordinating solve, handle the problems related to the order, safe railway traffic (unless the law otherwise).
Article 4. Coordinated work content 1. General system the legal text of the order of railway transportation safety and implementation of the organization. Suggest or propose solutions to prevent traffic accidents the railroad; secure the order, safe railway traffic.
2. Advocacy, laws on common order, the safety of railway traffic.
3. Fight the prevention and handling of violations of law and order, safety of railway transport; protection of railway works, the safe corridor railway traffic; investigate, settle the rail traffic accidents; protection of special trains; fire safety, fire; perform rescue, rescue; overcoming the consequences of disasters, flooding, fire and explosion hindering rail traffic.
4. Provide, information exchange, data related to the situation of the work of ensuring the orderly, safe railway traffic.
5. Organization of training, improving the work of ensuring the orderly, safe railway traffic; fire prevention, firefighting, rescue, rescue for staff, employees and officers, non-commissioned officers, soldiers of public security people (here written as officers and soldiers) directly employed ensure the orderly, safe railway traffic.
Article 5. The combined forms 1. Construction and implementation of the plan of ensuring orderly, safe railway traffic.
2. Establishment of task organization check, ensure orderly traffic and solve the related problems.
3. interdisciplinary Committee meeting held to exchange information; staff authority proposed the measure, plans to implement measures to ensure orderly, safe railway traffic.
4. Regular exchange of information; periodically provide the relevant data; preliminary organization, summarizing the work of ensuring the orderly, safe railway traffic.
Chapter II the RESPONSIBILITY in COORDINATING the WORK of ENSURING the ORDERLY, SAFE RAIL TRANSPORT article 6. The responsibilities of the public security sector in unit 1. The responsibility of the Police Department of rail-road traffic a) presiding, in cooperation with the relevant units of the Department of transportation advised the authority to build the legal text of the order, safe railway traffic; the project is about ensuring orderly, safe railway traffic; mechanisms, policies, measures to ensure orderly, safe railway traffic;
b) in coordination with the Bureau of Vietnam railway or steer the guard rail-road traffic in collaboration with inspection specialized in making rail, the police administration of social order, local government, Transportation Safety Board, police prefectures, the central cities have rail (as provincial public security) Organization propagation law of the order, safe railway traffic on the mass media and for the audience to join the railway activities and residential community where the railway goes through;
c) presiding, in cooperation with the police, local units, the railway protection force (force protection agency, the railway companies and the guard on the train) inspect, monitor, handle the violations of law and order, traffic safety, social order on the rail (trains the Terminal, horizontal, bridge, road, rail); fight, fight crime and the violation of the law on the railways;
d) in collaboration with police protection, The Commander of the police, public safety, local units and bodies, related institutions ensure order, road safety for the trains carrying the senior leaders of the party, the State, the international group and special cargo trains;
DD) coordination with local authorities, the police, the Department of transportation, the functional unit of the transportation industry in check, relief, protection of railway works, the safe corridor railway traffic; rescue, rescue; overcoming the consequences of the railway accident; flooding disaster, hindering rail traffic;
e) presided, in collaboration with the Vietnam railway Bureau, public security units, local training institutions, professional training for officers and soldiers people's police on duty ensuring orderly, safe railway traffic; training, professional training and certification of protective services has studied on the train (form attached to decision No. 1692/2007/QD-BCA (C11) on December 25, 2007 by the Minister of public security) for the guard on the train in accordance with the law;
g) direction, guide, check out the guard rail-road traffic in cooperation with police forces in crime investigation about the social order and the related forces investigate, settle the rail traffic accidents as stipulated by the law.
2. The responsibility of the provincial public security a) advised local government measures to ensure orderly, safe railway traffic;
b) in coordination with local authorities, the Transportation Safety Board, the Department of transportation, making inspection forces specialized in rail, rail-related advocacy, campaigning in local people's observance of law and order, safety of railway traffic;
c) in collaboration with the traffic inspection force, force do the specialized inspection of rail testing, monitoring and sanction the violation of law and order, traffic safety, social order in the railway area in charge; instructions, check the rail unit in charge of the implementation of the provisions of the law and recommendations authority to fix the loopholes, shortcomings in fire prevention, firefighting, rescue, rescue, transport of dangerous goods;
d) in collaboration with the forces of the Ministry of public security, railway units involved in ensuring security for the trains senior leaders of the party, the State, the international group and special cargo trains;
DD) investigate, resolve the railway accident, the disorderly, traffic safety, social order occurred on the railroad's responsibility; timely objects, records, physical evidence, relevant media due to the unit, officers, rail staff handed.
3. The liability of the other police force The other police forces in the range of functions and tasks, their powers are responsible for coordination with the police forces of rail-road traffic; the Agency, part of the transportation industry and the agencies, relevant organizations implement measures to ensure orderly, safe rail transport under the provisions of the law and this circular.
Article 7. The responsibilities of the agencies and units in the sector of transportation 1. Responsibilities of Service traffic safety, in coordination with the Police Department of rail-road traffic, railway Bureau, Vietnam and the relevant unit chief for the Department of transportation to build the legal text of the order, safe railway traffic; the overall scheme of ensuring orderly, safe railway traffic on national scope; the mechanisms, policy, interdisciplinary measures to ensure orderly, safe rail traffic in the functions of the Ministry of transportation.
2. Responsibility of Vietnam railway Bureau a) presiding, in cooperation with the Police Department of rail-road traffic, public security provincial advocacy, laws on common order, the safety of railway traffic on the mass media and for the audience to join rail operations residential community, where the railroad to go through;

b) steer the force do the inspection of rail and other specialized units, in coordination with the police forces of rail-road traffic, the police administration of social order, public security, traffic inspection level the test organization, dealing with the violation of the law of order safety, railway traffic; staff, in cooperation with the local authorities, the Department of transportation, the rail unit concerned implement measures to protect the railway works, the safe corridor railway traffic, ensuring the safety of railway transport in horizontal, General bridges, residential areas along the coastal rail; join the rescue, rescue, recovery of railway accidents, disasters, floods and storms hindering rail traffic;
c) directing the subdivisions to coordinate in the investigation, settlement of the railway accident at the suggestion of the police authority;
d) coordinate with the Police Department of rail-road traffic, public security provincial training organizations, professional training for officers and soldiers people's police on duty ensuring orderly, safe railway traffic and force protection on trains; build a training program content, professional training for the force protection on the train.
3. Responsibility of the Vietnam Railway Corporation and a railway business) organizations implementing the legal text of the order, safe railway traffic, the text guide to the work of ensuring the orderly, safe railway traffic and urge , check the implementation of the public railway employees;
b) timely provision to the public security units, the relevant local rate order, the load command, chart run; the repair plan, infrastructure upgrades; the special transport plan, transport of industrial explosives, transport of dangerous goods and the major transport plan related to the work of ensuring the orderly, safe railway traffic;
c) Have specific plans and proactive cooperation with the public security units, local in the work of ensuring order and safety in the rail. The initiative to consult and coordinate with the police, local government advocacy organisation, lobbying the people obey the law of order, safety of railway transport; check the clearance works violate the safe corridor railway traffic;
d) organize inspection force, railway protection ensuring the orderly, safe on the train, the train station and the railway; timely detection, prevent the violation of the law by the authority or the authorized recommendations handle the types of crime and violations of the laws of the order, safe railway traffic; order, social security;
periodic) 3 (three) months or irregular, interdisciplinary Committee Organization (traffic, public safety, local government) assess the work to coordinate and report on the level of the work to ensure the orderly, safe railway traffic management in scope;
e) When an accident railway traffic or disorderly incidents, social order, safety of railway transport:-organize rescue, rescue; protect the scene; protect the assets of the State and of persons in distress;
-Prepare reports, information as stipulated in article 8 of this circular. If the police present at the scene of the incident record-setting under the provisions of the law and the election remained to police agencies have jurisdiction;
-To coordinate, assist the police authorities in the process of investigating, resolving the incident when required;
-Organize remedial work, restoring rail transport operations in accordance with the law;
-Record retention the tape first air speed related accidents and provide police agencies when required;
g) plan in coordination with public security units, the relevant local training organizations, improving rail transportation safety, protective services, the use of these types of tools in support of railway protection force; improving service for fire officers, employees of railways; test, urge the railway protection force in performing the duties, powers, regulations on the management, use the support tool under the provisions of the law;
h) coordinate, assist the Police Department of rail-road traffic, public security provincial training organizations, professional training for railway engineering officers, soldiers people's police on duty ensuring orderly, safe railway traffic;
I) notify agencies, units of the Ministry of transport and public security authorities are concerned the results of the recommendations about ensuring orderly, safe railway traffic, social order;
k) Create favorable conditions for officials and soldiers police the people while making the task of ensuring the orderly, safe railway traffic.
4. The responsibility of the Department of transportation a) directing, urging traffic inspection force, units, trucking business, timely local waterway to coordinate, assist police forces, local authorities, the rail unit were involved in the rescue, rescue; overcoming the consequences of the railway accident, disaster, flood and storms hindering rail traffic;
b) directing, urging traffic inspection forces coordinate with local authorities, the force do the specialized inspection of rail, the public security forces, the units of the relevant railway regularly check, detect, treat the infringement of railway works the safe corridors, railway traffic, the violations of the law on road traffic, rail in horizontal, General requirements within the area of responsibility; traffic organization, regulate the traffic in horizontal, General requirements according to the direction of the authority;
c) presiding, in cooperation with the relevant rail units make measures to ensure traffic safety where the road intersects or runs parallel to the railway locally according to the rules of law and the direction of the authority.
5. The responsibilities of the agencies and units of other relevant bodies, other relevant units within the functions, missions, their powers are responsible for coordination with public safety agencies and bodies, related institutions implement measures to ensure the orderly rail transport safety, in accordance with the law and this circular.
Article 8. In information mode, report, provide data 1. Ship captain or Chief immediately notify station railway accidents happen and accident report (form No. 1 attached to this circular), the rail unit concerned immediately notify disorderly incidents, safer railway traffic to the police department where the incident occurred, to resolve.
2. District, district, town or city in the report Room of traffic police of public security provincial traffic police-provincial public security rail (hereinafter referred to as the traffic police) the rail traffic accidents occur within the area of responsibility (according to the model No. 1 attached to this circular); monthly, 6 (six) months, a year, a statistical report, General railway accident occurred within the area of responsibility (according to the model No. 2 attached to this circular).
3. The Department of transportation to provide timely public security traffic police of the province-level information, programs, and projects on ensuring road traffic safety related to railway safety.
4. Monthly, 6 (six) months, a year, the traffic police provincial public security sent reports, statistics, General railway accident occurred within the area of responsibility (according to the model No. 2 attached to this circular) for road traffic Police Department-railways. Case of disorderly incidents, safer railway traffic hassles, the crash caused particularly severe consequences shall immediately report traffic Police Bureau-rail to steer.
5. Police-road traffic to the railway, the railway Bureau to coordinate with Vietnam scrutinize statistics, General railway accidents in the country (according to the model No. 2 attached to this circular) periodically monthly, 6 (six) months a year; updated, put the data on rail transport accidents, the result of handling administrative violations on the railway sector of public security units, local information, and other related data on the website of the traffic police (http://csgt.vn) daily, recurring monthly.
6. Monthly, 6 (six) months, a year, Vietnam railways Bureau provided for road traffic Police Bureau-metric rail related to the work of ensuring the orderly, safe rail traffic in the country (the total rail transport under the category of registered new; the total license to ship by means of renewed , change, revoke; the total number of cases was stripped of the right to use the license to drive a boat by means of ...); strategies, plans, programs, projects, national projects on development of railway transportation in the country; the national technical standards, national standards in the field of infrastructures, rail transport. Everyday, every month, the Vietnam railway Bureau updated, put the data on registered vehicles, licensed railway train driver, the results of handling administrative violations on the railway sector of the competent agencies in the transportation industry and the information, other relevant figures on the website of the Vietnam railway Bureau (http://vnra.gov.vn).

7. Periodically monthly, 6 (six) months, a year, the Vietnam Railway Corporation gives Vietnam railway Bureau, traffic safety, road traffic police-reported statistics rail statistics, General railway accident in range management (according to the model No. 2 attached to this circular); give the Police Department the rail-road traffic, register data the Vietnam service obstacles to running the ship due to the technical problems of works, rail transport; give the Police Department the rail-road traffic, traffic police of public security provincial data relating to the work of ensuring the orderly, safe railway traffic (rail corridor violation; horizontal; theft of rail materials, goods, luggage, the hotel's cruise; throw rock...). Everyday, every month, the Vietnam Railway Corporation updated, put the data on violation of the railway corridor, the horizontal lines, theft of rail materials, theft of property by train, throw up stones and soil information, other relevant figures on the website of the Vietnam Railway Corporation (http://vr.com.vn).
8. Vietnam register provided for road traffic Police Department-railways, railway Bureau Vietnam information, register data on rail transport periodically monthly, 6 (six) months a year; updated, putting figures on the check post of railway transport on the website of the Vietnam register (http://vr.org.vn) daily, recurring monthly.
9. the General Directorate of roads in Vietnam timely provision to the Police Department of rail-road traffic, railway Bureau, the Vietnam information, programs, and projects on secure order, road traffic safety related to railway safety (plan to build overpass crawl through tunnels, railroads, fences, households, separated lan railway ...).
Chapter III IMPLEMENTATION article 9. Effective enforcement of this circular in force enforced since June 15, 2012.
Article 10. Responsibility 1. The responsibility of the police a) General Police Administration of order, social security is responsible for the direction, instruction, inspection units in the people's police force made this circular; directing road traffic Police Bureau-the railroad hosted, in cooperation with the traffic safety, Vietnam railways Bureau organizes a yearly summary of the 5 (five) years on the implementation of this circular;
b) General Director of the Directorate, heads of subdivisions, Ministry of public security, the Director of provincial public security, the Director of the Fire Department and Police Department fire within the scope of his duties, function is responsible for implementation of this circular.
2. The responsibility of the agency or unit in a transportation industry) traffic safety Service is responsible for The leadership of the Chief of transportation direction, inspection, guidance units, agencies in the transportation industry have involved made this circular; coordinate with the Police Department of rail-road traffic, railway Bureau held preliminary Vietnam annually, sum of 5 (five) years on the implementation of this circular;
b) the heads of the agencies and units of the Ministry of transportation, the Director of the Department of transportation within the scope of his duties, function is responsible for implementation of this circular.
3. In the process of implementation, if any problems arise should report the Ministry of public security (through the General Department of police administration of order, social security), the Ministry of transportation (through the traffic safety Service) to have timely instructions./.