Thông tư 63/2015/TT-BGTVT

CIRCULAR

ON INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION OF RAILWAY VEHICLES

Pursuant to the Law on Railway 2005;

Pursuant to the Law on Product and goods quality 2007;

Pursuant to the Decree No. 14/2015/ND-CP dated February 13, 2015 by the Government providing guidance on the implementation of a number of articles of the Law on Railway;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 by the Government detailing the implementation of a number of articles of the Law on Product and goods quality;

Pursuant to the Decree No. 107/2012/ND-CP dated December 20, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Science and Technology and the Director of the Vietnam Register,

The Minister of Transport hereby promulgates the Circular providing for the inspection of quality, technical safety and environmental protection of railway vehicles.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and regulated entities

1. Governing scope

This Circular provides for the inspection of designs, inspection and issuance of the certificate of quality, technical safety and environmental protection of railway vehicles which are imported, manufactured, assembled, innovated, restored and in used in the following railway network:

a) National railway;

b) Urban railway;

c) Specialized railway joining to the national railway;

d) Specialized not joining to the national railway and passing residential areas and crossing roadway.

2. Regulated entities

This Circular applies to agencies, organizations and individuals relevant to the design, import, manufacture, assembly, innovation, restore and use of railway vehicles used in railway network specified in clause 1 of this Article.

Article 2. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. Railway vehicles (hereinafter referred to as vehicle) include locomotives, railroad cars, motivation wagons and specialized vehicles for moving on railway lines.

2. Self-propelled carriage means a railroad car fitted with engine so that it can move itself on railway lines.

3. Specialized vehicles include rail cars, cranes, ballast tampers, track testing machines and other vehicles that can move on railway lines.

4. Components include the body work, bogies, brake valves, couplers, diesel motors, air pumps, main generators, traction motors, power adapters, power converters and hydraulic actuators.

5. Systems include brake system, main electricity system, air-conditioning system, transmission system, control system, signal system, self-decay sanitary ware system.

6. A product is either a vehicle or a component or a system.

7. Useful life (calculated on year) of a vehicle is determined from the year of manufacture to the current time.

8. The certificate of quality, technical safety and environmental protection (hereinafter referred to as the certificate) means a certificate proving that the vehicle has been inspected according to regulations and eligible for moving on railway.

9. Railway quality, technical safety and environmental protection inspection stamps (hereinafter referred to as inspection stamps) are stamps issued to railway vehicles which have been inspected and recognized satisfactory.

10. Design facilities are organizations having legal status and business registration conformable to applicable regulations.

11. Production establishments are enterprises eligible for manufacturing, assembling, modifying, restoring and repairing vehicles under applicable regulations.

Chapter II

DESIGN INSPECTION

Article 3. Design dossier

1. Regarding newly manufactured and/or assembled vehicles, a design dossier shall include:

a) Technical drawings: the overall drawing of the vehicle; the installation drawing of components and systems of the vehicle; drawing and technical specifications of domestically manufactured components; technical specifications of imported components.

b) Description, calculation: description of basic technical characteristics of the vehicle, bogie; description and calculation of dynamics: the smoothness during operating, anti-roll and anti-derailment safety; description and test calculation of traction (applied to locomotives, self-propelled carriages or other motor vehicles); description and test calculation of the strength of the bogies framework, wheel axles, the underframe, the body above the underframe and bogie of locomotives or motor vehicles; description and test calculation of the braking.

2. Regarding manufactured and assembled components, a design dossier shall include:

a) An overall drawing of components;

b) A description of technical characteristics of components;

c) Test calculation of the strength of the bogie framework, the axles and the couplers.

3. Regarding modified vehicles, a design dossier shall include:

a) An overall drawing of the vehicle before and after the modification;

b) Technical documentation of modified components and systems;

c) A description and the calculation relating to the modification.

Article 4. Design inspection procedures

1. The inspection of the design dossier shall be carried out for:

a) Newly manufactured and/or assembled vehicles and components;

b) Modified vehicles.

2. An application for design inspection shall contain:

a) The form provided in Annex 1 enclosed with this Circular;

b) 03 sets of design dossier specified in Article 3 of this Circular;

c) A copy of the Certificate of Business registration of the design facility (applicable to design facilities applying for design inspection for the first time).

3. Design inspection contents

Considering and comparing the contents of the design dossier of vehicles and components with the applicable technical regulations and standards.

4. Procedures

a) The design facility shall prepare and submit an application for design inspection directly or by post or other means to the Vietnam Register;

b) The Vietnam Register shall receive and check the application. If the application is unsatisfactory, within 01 day from the day on which the application is received, the Vietnam Register shall guide the applicant to complete. If the application is satisfactory, an appointment note containing the time when the result will be provided;

c) The design inspection shall be conducted within 07 working days from the day on which the satisfactory application is received. If the duration of design inspection must be extended due to the request for completion of the design dossier, the Vietnam Register must send a written notification to the design facility;

d) After the inspection, if the design is not satisfactory, the Vietnam Register must send a written request to the design facility containing the explanation; otherwise, the Vietnam Register must issue the applicant with a design appraisal certificate using the form in Annex 2 enclosed with this Circular;

dd) A design dossier issued with the design appraisal certificate shall be sent to the design facility and retained at the Vietnam Register.

Chapter III

INSPECTION OF QUALITY, TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION

Article 5. Foundation for inspection of quality, technical safety and environmental protection

The foundation for the Vietnam Register to conduct inspection of quality, technical safety and environmental protection of railway vehicles (hereinafter referred to as inspection) includes:

1. Applicable technical regulations and standards;

2. Design dossiers or technical dossiers of the vehicles and/or components.

Article 6. Types of inspection

The inspection shall include:

1. Inspection of manufactured and/or assembled products;

2. Inspection of imported products;

3. Inspection of modified vehicles;

4. Periodic inspection of vehicles;

5. Surprise inspection.

Article 7. Inspection of manufactured and/or assembled products

1. An application for inspection shall include:

a) The form provided in Annex 1 enclosed with this Circular;

b) A design dossier of the vehicle and/or component which has undergone inspection;

c) A copy enclosed with the original or a certified true copy of the quality certificate and technical documentation of relevant components and/or systems which are used;

d) An inspection dossier of the vehicle/component made by the production establishment.

2. Inspection contents

Inspection according to applicable technical standards and design dossier which have undergone inspection.

3. Inspection methods

Vehicles and components shall be inspected one by one. Particularly, urban railway vehicles shall be inspected before and after they are joined together to be a train.

Article 8. Inspection of modified vehicles

1. An application for inspection shall include:

a) A dossier of modification design of inspected vehicle;

b) A copy enclosed with the original or a certified true copy of the certificate of origin, the quality certificate and technical documentation of relevant components and/or systems which are used;

c) An effective certificate of qualify, technical safety and environmental protection which has been issued to the vehicle;

d) An inspection dossier of the modified vehicle made by the production establishment.

2. The inspection shall include the consideration, assessment and inspection of the changes in appearance and/or use of the vehicle or changes in the structure and technical characteristics from the initial design of the component/system.

3. Inspection methods: vehicles shall be inspected one by one.

Article 9. Inspection of imported products

1. An application for inspection shall include:

a) The form provided in Annex 3 enclosed with this Circular;

b) A copy enclosed with the original or a certified true copy of the import contract and its appendixes (if any);

c) Documentation presenting technical characteristics of the vehicle/component;

d) A certified true copy or a copy enclosed with the original of the certificate of origin of the product;

dd) A certified true copy or a copy enclosed with the original of the certificate of quality of the product issued by the manufacturer.

2. Inspection contents

Contents of the inspection are specified in applicable technical standards.

3. Inspection time

An imported vehicle/component shall undergo inspection when a customs declaration sheet has been made and goods have been transported to the place of inspection.

4. Inspection methods

Vehicles and components shall be inspected one by one. Particularly, urban railway vehicles shall be inspected before and after they are joined together to be a train.

Article 10. Periodic inspection of vehicles

1. An application for inspection shall include:

a) An inspection dossier of the vehicle made by the production establishment;

b) A copy of the certificate of vehicle registration (applicable to newly manufactured/assembled vehicles and imported vehicles which are inspected for the first time and vehicles having changes in registration numbers).

2. Time of periodic inspection of vehicles

a) Time of periodic inspection of vehicles shall conform to the inspection frequency specified in Annex 4 enclosed with this Circular;

b) Regarding national railway vehicles and urban railway vehicles, the inspection shall be conducted while the vehicle undergoes maintenance and/or periodic repair but not later than the inspection time specified in Annex 4 enclosed with this Circular.

3. Inspection contents

Contents of the inspection are specified in applicable technical standards.

4. Inspection methods

Vehicles shall be inspected one by one. Particularly, urban railway vehicles shall be inspected before and after they are joined together to be a train.

Article 11. Surprise inspection

A surprise inspection shall be conducted at the request of a competent authority in case a vehicle is involved in an accident or there is a complaint about quality and/or technical safety during the manufacture, assembly, import, modification or use of the vehicle.

1. Documents to be provided during the inspection include:

a) A technical dossier of the vehicle;

b) An effective certificate of the vehicle.

2. Inspection contents

Contents of the inspection are specified in applicable technical standards.

3. Inspection methods

Vehicles shall be inspected one by one. Particularly, urban railway vehicles shall be inspected before and after they are joined together to be a train.

Chapter IV

PROCEDURES FOR ISSUANCE AND USE OF CERTIFICATES AND INSPECTION STAMPS

Article 12. Procedures for issuance/reissuance of certificates or inspection stamps

1. Procedures for issuance of a certificate or an inspection stamp:

a) The organization/individual shall prepare and submit an application according to regulations in clause 1 Article 7, Article 8, Article 9 and Article 10 of this Circular directly or by post or other means to the Vietnam Register.

b) The Vietnam Register shall receive and check the application. If the application is unsatisfactory, within 01 day from the day on which the application is received, the Vietnam Register shall guide the applicant to complete. If the application is satisfactory, an appointment note specifying time and place of on-site inspection shall be issued.

c) The Vietnam Register shall conduct on-site inspection. If the inspection result shows the satisfaction, the certificate of quality, technical safety and environmental protection shall be issued using the form specified in Annex 5 enclosed with this Circular and the inspection stamp shall be stuck using the form specified in Annex 6 enclosed with this Circular within 01 working day from the day on which the inspection finishes, applicable to periodic inspections or 03 working days from the day on which the inspection finishes, applicable to vehicles/components which are imported, manufactured, assembled or modified.

If the inspection result shoes the dissatisfaction, the Vietnam Register shall issue a notification of the dissatisfaction of quality, technical safety and environmental protection standards using the form in Annex 7 enclosed with this Circular.

2. Procedures for reissuance of a certificate or an inspection stamp:

If the certificate or the inspection stamp is damaged or lost but the register is still available, the vehicle’s owner shall send an application for reissuance of the certificate or inspection stamp using the form in Annex 8 enclosed with this Circular directly to the Vietnam Register. Pursuant to the register dossier of the vehicle/component, the Vietnam Register shall reissue the certificate or inspection stamp to the vehicle’s owner according to the time limit of the lost certificate or inspection stamp within 01 working day form the day on which the application is received.

Article 13. Use and effect of certificates/inspection stamps

1. Use of certificates/inspection stamps:

a) The certificate issued to a component shall be used for customs procedures and as a basis for the permission of the assembly in the vehicle;

b) The certificate issued to a vehicle shall be used for customs procedures and procedures for registration and sale of the vehicle;

c) Inspection stamps shall be stuck on vehicles according to regulations in Annex 6 enclosed with this Circular.

2. Effect of certificates/inspection stamps:

a) Effect of certificates and inspection stamps shall be issued according to inspection cycle as prescribed in Annex 4 enclosed with this Circular;

b) If the vehicle is involved in an accident, the certificate/inspection stamp issued to the vehicle shall expire when the Vietnam Register has stated that the vehicle is no longer conformable to technical safety and environmental protection standards.

Chapter V

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 14. Responsibilities of the Vietnam Register

1. Conduct and implement the registration of railway vehicles.

2. Comply with provisions of applicable technical standards and regulations when conducting inspection of quality and/or technical safety of products.

3. Conduct inspection and ensure the consistency in the management of the publication and issuance of certificates and inspection stamps according to regulations and take responsibility for the inspection results.

4. Conduct inspections of quality, technical safety and environmental protection of imported railway vehicles according to Article 45 of the Law on Railway and provisions of this Circular.

5. Retain register dossiers; particularly, periodic register dossiers shall be retained for 03 years.

6. Collect and use the budget from the collection of register fees and charges.

7. Annually report to the Ministry of Transport the result of the inspection of quality, technical safety and environmental protection of railway vehicles.

Article 15. Responsibilities of facilities designing, producing, assembling, importing vehicles and owners and users of the vehicles

1. Responsibilities of design facilities

a) Comply with regulations on application for inspection of designs as prescribed in Article 4 of this Circular;

b) Take legal responsibility for the product they design.

2. Responsibilities of producing and assembling facilities

a) Get supervision of the quality, technical safety and environmental protection by the Vietnam Register during the production and assembly;

b) Comply with applicable regulations, standards and technical regulations during the production, assembly, repair, modification and restore of products;

c) Establish the procedures for product quality inspection and invest in inspection equipment according to relevant regulations. Inspection equipment shall be periodically inspected;

d) Conduct quality inspection of every product and take responsibility for the quality of released products.

3. Responsibilities of importing units

a) Comply with applicable technical regulations and standards;

b) Take legal responsibility for the origin and quality of imported products.

4. Responsibilities of owners and users of the vehicles

a) Take responsibility for repairing and maintaining vehicles to ensure the technical safety and environmental protection applied to the vehicles between the two inspection periods conducted by the Vietnam Register;

b) Supervise and conduct inspection of imported products having new design which are in trial period;

c) Establish and send to the Vietnam Register procedures for inspection, maintenance and repair of vehicles before the initial periodic inspection;

d) Retain technical dossiers, quality certificates, certificates and inspection stamps and present on request of regulatory authorities.

5. Responsibilities for paying register fees and charges

Facilities designing, producing, assembling or importing vehicles and owners and users of vehicles must pay register fees and charges according to applicable regulations and costs relevant to the inspection.

Chapter VI

IMPLEMENTARY CLAUSE

Article 16. Effect

1. This Decree comes into force from February 01, 2016.

2. The following Circulars shall be annulled:

a) Circular No. 02/2009/TT-BGTVT dated April 03, 2009 by the Minister of Transport;

b) Circular No. 36/2011/TT-BGTVT dated May 06, 2011 by the Minister of Transport.

3. Any certificate issued before the effective date of this Circular shall be valid until the expiry date written on it.

Article 17. Organization of implementation

The Chief of the Ministry Office, the Ministerial Chief Inspector, Directors of Departments, the Director of the Vietnam Register, the Director of Vietnam Railway Authority and Heads of relevant organizations and relevant individuals are responsible for implementing this Circular./.