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THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
1865/1999/QD-BGTVT
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Hanoi,
July 30, 1999
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DECISION
PROMULGATING THE REGULATION ON INLAND WATERWAY CARGO
TRANSPORTATION, HANDLING, CONSIGNMENT AND PRESERVATION
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to the Government’s Decree No. 22/CP
of March 22, 1994, defining tasks, powers, State management responsibility and organizational
structure of the Ministry of Communications and Transport;
At the proposals of the Director of the Legal Department and the Head of
Vietnam Inland Waterway Bureaus,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on Inland Waterway Cargo
Transportation, Handling, Consignment and Preservation.
Article 2.- This
Decision shall replace Decision No. 1035 QD/VT of June 12, 1990 of the Minister
of Communication, Transport and Post, and take effect 30 days after its signing.
Article 3.- The
directors of the Office, the Legal Department, the Vietnam Inland Waterway
Bureaus as well as of the provincial/municipal Communications and Transport
Services (the Communications and Public Works Services), the heads of concerned
agencies and organizations as well as relevant individuals shall have to
implement this Decision.
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FOR THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh
REGULATION
ON INLAND WATERWAY CARGO TRANSPORTATION, HANDLING, CONSIGNMENT
AND PRESERVATION
(Issued
together with Decision No. 1865/1999/QD-BGTVT of July 30, 1999 of the Minister
of Communications and Transport)
Chapter I
GENERAL PROVISIONS
Article 1.- Purposes,
objects and scope of application
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2. Objects of application: This Regulation shall
apply to organizations and individuals of all economic sectors, including
foreign organizations and individuals licensed to deal in the transportation,
handling, consignment and preservation of goods in the Socialist Republic of
Vietnam.
3. Scope of application: This Regulation shall
apply to the transportation, handling, consignment and preservation of goods on
the inland waterways in the Socialist Republic of Vietnam, and to the domestic
and international transshipment of goods if it is not contrary to the
international agreements which Vietnam has signed or acceded to.
The transportation, handling, consignment and
preservation of dangerous goods shall comply with separate regulations.
Article 2.-
Interpretation of terms
In this Regulation, the terms below shall be
construed as follows:
1. "The carrier" means organization
and/or individual that use their own inland waterway means or hire the means
owned by others to do business in cargo transportation on inland waterways.
2. "The shipping hirer" means
organizations and/or individuals that sign contracts for transportation of
goods by inland waterway means.
3. "The goods handler, consignor, consignee
and preserver" means organizations and/or individuals that signed
contracts for goods handling, consignment and preservation at inland waterway
ports and docks (hereinafter referred collectively to as ports).
4. "The hirer of goods handling,
consignment and preservation" means organizations and/or individuals that
sign contracts for goods handling, consignment and preservation.
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6. "The goods consignee" means
organizations and/or individuals that receive goods stated in the bill of
lading.
7. "The means charterer" means
organizations and/or individuals that sign contracts for the charter of means
to organize the transportation.
8. "The agents" mean organizations or
individuals that are authorized to conclude or perform contracts for goods
transportation, handling, consignment and/or preservation. The authorizer may
assign work in whole or in part and pay the authorized person(s) the agency
commission agreed upon by the two parties in the contract, if it is not prescribed
by law.
9. "The bill of lading" constitutes
the evidence showing that the carrier has already received goods for
transportation; the voucher for freight payment and the legal basis for
settlement of disputes over cargo in the course of transportation.
10. "Superweight cargo" means the type
of cargo in package, which cannot be knocked down and weigh from 20 tons
upwards (except for container).
11. "Supersize cargo" means the type
of cargo which measures more than 12 meters in length or more than 4 meters in
width or more than 3.5 meters in height.
12. "Force majeure cases" mean cases
which occur due to natural calamities, enemy sabotage, transport route
obstruction.
13. "Dangerous cargo" means toxic,
inflammable and explosive substances, which cause danger to human beings, means
and environment.
Article 3.- Conclusion
of contracts
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2. Parties may agree in the contract on the
participation in insurance by each party.
Chapter II
CARGO TRANSPORTATION
Article 4.- Papers
needed in the transportation process
1. The carrier shall have the responsibility to
fully prepare all relevant papers on the means as prescribed by the current
legislation.
2. The shipping hirer shall have to prepare all
papers of legal validity on cargo. In case of hiring the transport of rare and
precious cargo, the shipping hirer must buy insurance for the cargo.
3. After loading cargo on the means, the carrier
shall have to make the bill of lading at least in 3 copies, one copy shall be
handed to the shipping hirer, one to the goods consignee and one shall be kept
by the carrier. In case of need, the carrier may make 1 to 2 more copies.
4. The bill of lading must contain the following
principal contents:
- The carrier;
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- The goods consignee;
- Place of goods consignment and consignor;
- The place of goods delivery;
- Type of goods to be transported (the goods
characters, quantity, volume, quality and value);
- Freight and other expenses (if any);
- The carrier’s confirmation of the status of goods
to be transported.;
- Other details which the carrier and the
shipping hirer agree to inscribe in the bill of lading.
Information concerning the cargo inscribed in
the bill of lading shall be provided by transport hirer. The shipping hirer
shall take full responsibility for the accuracy of such information. If the
shipping hirer makes inaccurate declaration and report, thus causing damage,
he/she shall have to bear full responsibility therefor.
5. In the course of transportation, if the
papers are inadequate or invalid, thus causing damage, the party related to the
papers shall be accountable therefor.
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1. The carrier shall have to prepare means which
fully meet the safety conditions under the current regulations and suit the
type of cargo to be transported.
2. The shipping hirer may reject the means if it
fails to meet all the conditions agreed upon in the contract.
3. The means shall take in and return cargo at
ports permitted by the competent bodies, except for cases prescribed in Article
8 of this Regulation.
Article 6.- The
relationship between the carrier and the shipping hirer at ports.
1. Means arriving at ports for goods loading and
unloading
Before the means arrive at a port and when the
means has fulfilled the procedures for port entry, the carrier shall have to
notify the shipping hirer thereof. The time for notification shall be agreed
upon by the two parties in the contract.
2. Goods loading and unloading:
a/ The carrier shall ready means and nominate
people to join the goods consignor and consignee.
b/ The shipping hirer shall nominate
representative to consign cargo at the means.
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d/ The time for release of means shall be
counted from the time the carrier completes the procedures for port entry and
notify the shipping hirer thereof to the time the procedures for cargo delivery
and reception are completed. If the means stays at the port beyond the
prescribed time limit, the shipping hirer shall have to bear all expenses for
the waiting. The expense level shall be agreed upon by the two parties in the
contract.
e/ In the course of cargo loading and unloading,
the carrier shall have to provide guidance in order to ensure safety of the
means and cargo during the transportation process.
3. Handling cases where the goods consignees are
not available.
When goods have been transported to the arrival
ports and the consignees are not available, the carrier shall notify this to
the shipping hirer. Within 48 hours after receiving such report (according to
the postal date), if the consignee does not come, the carrier shall invite
representatives of responsible bodies to witness the making of record thereon
and organize the unloading and preservation of goods in order to release the
means. Later, the carrier shall send notice to the shipping hirer once every 5
days, up to 15 days for goods easy to decay; and once every 20 days, up to 60
days for ordinary goods.
Past the above-mentioned time limits, if the
shipping hirer fails to reply, the carrier shall make the record thereof to the
witness of the local administration and put such goods on auction according to
the law provisions on auction of property. The proceeds from the auction of
such goods, after subtracting all relevant expenses, shall be deposited into
the "account of money under control or kept for other" at the bank
where the carrier opens the account. Within 180 days from the date the goods
are auctioned, the carrier shall return the remaining amount of such money to
the shipping hirer or the goods consignee if so requested by the latter. Past
the above-said time limit, if nobody makes such request, the carrier shall have
to remit such remaining amount of money into the State budget of the province
or centrally-run city where the goods were auctioned.
4. When there is a change of the goods consignee
or the place of goods delivery, the two parties shall negotiate and make
appendix attached to the contract.
Article 7.-
Transportation
1. The time limit for transportation shall be
calculated from the time the carrier complete the procedures for port departure
till the time the means completes the procedures for arrival port entry and
notify this to the shipping hirer.
The carrier shall have to ensure the
transportation time limit agreed upon by both parties in the contract; if
failing to do so without plausible reasons, the carrier shall have to
compensate for the damage caused to the shipping hirer.
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3. Where it is necessary to have the goods
escorter onboard the means, such must be agreed upon by the parties in the
contract. The shipmaster shall create favorable conditions for the escorter to
fulfill his/her tasks.
Article 8.- Handling
cases which occur in the course of transportation
1. In the course of transportation, if crew
members discover that goods may get burning, leaking or broken, the carrier
shall have to promptly seek preventive measures to protect goods and the means
and at the same time to make the minutes thereof with certification by the
local administration or the waterway traffic police and notify such to the
shipping hirer. All arising costs shall be borne by the party at fault. If both
parties are not at fault, the arising costs and losses shall be borne by both
parties.
2. Where force majeure cases occur in the course
of transportation, the shipmaster, if deeming that safety shall not be ensured,
may hire people to unload a part or all the goods ashore and organize the
preservation of goods (with certification of the local administration or
waterway traffic police), then inform the shipping hirer thereof; all arising
costs shall be jointly borne by both parties.
3. Where in the course of transportation the
carrier detects that the goods are not compatible to the categories the
shipping hirer has declared:
a/ If they are neither dangerous goods nor goods
banned from circulation, the carrier shall notify such to the shipping hirer
and continue carrying them to the place of discharge; all arising costs (if
any) shall be borne by the shipping hirer.
b/ If they are dangerous goods or goods banned
from circulation, the carrier shall have to report such to the functional
bodies for handling and at the same time notify the shipping hirer thereof. The
shipping hirer, besides having to bear all arising costs, shall also be subject
to a fine trebling the freight amount.
4. Where on its way a means is requisitioned on
the order of the competent body, the shipmaster shall notify this to the
shipping hirer. If the means is compelled to carry goods of the category not
suitable to the means, the carrier shall be exempt from all liabilities if
damage is caused, the requisition body shall have to pay for all costs and
damage incurred due to the requisition.
5. Obstruction of transportation routes
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a/ If the two sides agree to move the means to
the nearest place of goods delivery (change of arrival port), the carrier may
collect freight for the distance the means has actually convered;
b/ If the two sides agree to move the means back
to the port of departure, the carrier may only collect freight for the already
covered distance (excluding the return trip), the shipping hirer shall bear the
costs of unloading goods ashore and of the waiting (if any);
c/ If the goods are transshipped across the
obstructed point, the shipping hirer shall have to undertake the transshipment
and bear all costs; the carrier may collect freight for the distance from the
departure port to the obstructed place.
36 hours after receiving the report (according
to the postal date), if the shipping hirer fails to reply, it shall be
considered that the shipping hirer agrees to moor the means in waiting for the
route obstruction clearance and bear all arising costs. The carrier shall find
a safe place to anchor the means, waiting therefor.
Article 9.- Goods not
compatible to the volume and category already informed and confirmed by the
shipping hirer
1. If the goods are neither available nor in
full volume as already notified and confirmed, the shipping hirer shall have to
notify this to the carrier in advance at least 48 hour from the date and hour
the means is requested to come and take up the goods. If failing to make the
advance notice or having notified such in advance less than 48 hours, the
shipping hirer shall have to compensate for all arising costs to the carrier.
2. The shipping hirer may change the to-be
transported goods inscribed in the contract but shall have to notify such to
the carrier in advance at least 48 hours from the date and hour the means is
requested to come and take up the goods; the failure to reply by the carrier
means his/her consent. If the shipping hirer fails to inform the carrier or
make an advance notice less than 48 hours and the means has arrived at the
place of goods consignment but failed to get such type of goods, the shipping
hirer shall have to compensate for all relevant costs to the carrier.
3. If the carrier fails to arrange means of the
right type and the right tonnage as agreed upon in the contract, he/she shall
have to notify this in advance to the transport hirer at least 48 hours from
the time of goods consignment inscribed in the contract. If failing to make the
advance notice or to come for the transport of goods, the carrier shall have to
compensate for relevant damage caused to the shipping hirer.
4. The carrier and the shipping hirer may reach
agreements other than those mentioned above, which shall be indicated in the
contract.
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Where the means has to carry goods on the urgent
order of the competent body, the carrier shall have to implement it not later
than 12 hours after receiving such order. The body issuing the order shall have
to promptly settle matters relating to the execution of the order, including
expenses for the carrier.
Chapter III
CONTRACTS ON MEANS LEASE
FOR BUSINESS PURPOSE
Article 11.-
Means-leasing contracts
A means-leasing contract is the one signed
between the means lessor and the means lessee, hereinafter referred
collectively to as the contractual parties, thereby the means lessee use the
means for dealing in the cargo transportation within a given period of time or
for a certain number of shipment. The means leasing price shall be agreed upon
by the two parties in the contract, if not otherwise set by the competent State
body.
Where a cargo transportation dealer hires a
foreign means, the approval of the Ministry of Communications and Transport is
required.
Article 12.- Forms of
means leasing
There are the following means-leasing forms:
1. Limited means leasing: The lessor shall
assign the right to use the means to the lessee together with the crew;
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Article 13.-
Obligations of the contractual parties
The parties to a means-leasing contract shall
have the following obligations:
1. The means lessor:
a/ To assign the means together with valid
papers thereof to the means lessee according to the time, place and technical
status inscribed in the contract;
b/ In case of the limited means leasing, to
provide the crew members with degrees suited to the type of means according to
regulations, to perform the labor management and take full responsibility for
matters related to such crew;
c/ To pay for the repair of means if the damage
arises beyond the means lessee’s liabilities.
2. The means lessee:
a/ To use the means strictly according to its
utility and for the right purpose already agreed upon in the contract;
b/ To provide the maintenance for the means and
other equipment, if not otherwise agreed upon in the contract;
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Article 14.- Rights of
the contractual parties
The contractual parties shall have the following
rights:
1. The means lessor:
a/ In case of the ceiling means leasing, to be
entitled to nominate their representatives to conduct extraordinary inspection
of the fulfillment of obligations by the means lessee but without affecting the
business activities of the means lessee;
b/ To be entitled to recover the means and
terminate the contract if the means lessee seriously breaches the terms agreed
upon in the contract by both sides.
2. The means lessee:
a/ To be entitled to use the means and its crew
for the attainment of the purposes already agreed upon in the contract;
b/ Where the means is requisitioned on the order
of the competent body, to notify this to the means lessor and have the right to
request the body ordering the requisition to use the means strictly according
to its utility and to pay charges and surcharges incurred by the requisition.
Article 15.-
Termination of contract
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2. A means-leasing contract shall automatically
terminate if a war or natural calamity occurs, rendering it unable to be
continuously performed. The two parties shall determine the duration for which
the means was used in order to make payment.
Chapter IV
CARGO HANDLING
Article 16.-
Obligations of the cargo handlers and the cargo handling hirers
1. Obligations of the cargo handlers
a/ To organize the loading and unloading in order
to release the transport means according to the time limit prescribed in the
signed contract;
b/ If the handlers fail to handle the goods as
agreed upon in the contract with the handling hirer, the former shall have to
make compensation to the latter according to the signed contract;
c/ To ensure safety of cargo and the means in
the course of handling.
2. Obligations of the handling hirer:
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b/ To provide the handlers with technical
documents, necessary dossiers and the requirements on safety of the cargo so
that the latter shall prepare plans for handling;
c/ To nominate the representatives for goods
consignment from the time the goods are loaded and/or unloaded to the time the
loading and/or unloading are completed and certified with signature(s).
Chapter V
GOODS CONSIGNMENT AND
PRESERVATION
Article 17.- Goods
packages and labels and marks.
1. All kinds of cargo bags, boxes, packages and
cases must be durable and convenient for carriage as well as loading and
unloading.
2. All kinds of cargo bags, boxes, packages and
cases must be fully, accurately and clearly inscribed with their signs, codes
and weights without getting faded and/or smudged in the process of
transportation, loading and unloading.
3. For goods containers, the registration
numbers must be clear, the lead seals remain intact and the containers must
satisfy the prescribed technical conditions.
4. If the goods have unclear signs and codes and
are not firmly packed, the carrier and/or the handlers may refuse to transport
and/or handle them. The shipping hirer and the handling hirer shall have to
bear all relevant costs.
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Based on the transport permit, the carrier and
the goods consignee shall deliver and receive goods according to the principle:
goods received by a certain mode shall be returned by such mode. Following are
some common modes of goods consignment:
1. Consignment according to quantity, weight,
volume through checking methods of counting, weighing and/or measuring. The
checking through counting must ensure that the bags, boxes, cases, packages
remain intact. If the packages remain intact, the carrier shall not be responsible
for the weight and status of the goods therein.
2. Consignment according to goods holds, after
the delivery of goods to the carrier, the shipping hirer shall lead-seal the
holds to the witness of the carrier. When the goods are returned, if the lead
seal remains intact, the carrier are considered as having fully returned the
goods. If the lead seal does not remain intact, the carrier shall be held
accountable therefor unless he/she can prove that he/she is not at fault.
3. Consignment according to lead-sealed
containers.
4. Consignment according to the water-line on
the ship sides, which requires measuring tools as prescribed. The means must
have the tonnage book granted by the registry. The measurement of the means’
water-line shall have to comply with the current regulations of the Ministry of
Communications and Transport.
When goods are consigned by modes 2 and 3, if
the lead seals do not remain intact due to incidents which have occurred during
the course of transportation, the carrier shall have to make a record thereof
with the certification of the competent body, and have to preserve the cargo.
Where the handling of cargo is ceased in order
to settle disputes over goods consignment, the party at fault shall have to
bear all arising costs.
Article 19.-
Implementation of goods consignment
1. Goods are consigned free alongside ships or
in front of warehouses or at storing yards.
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Article 20.- Goods
diminution
The determination of goods diminution rates shall
have to comply with the State’s current regulations. For kinds of goods lacking
the State’s regulations thereon, the two parties shall agree in the contract;
if no agreement can be reached, the shipping hirer shall have to send people on
escort and the carrier shall be exempt from liability.
Article 21.-
Preservation of goods in the course of transportation
The carrier shall have to preserve goods
throughout the transportation. If goods are lost, damaged or diminished beyond
the prescribed limits, the carrier shall have to compensate the shipping hirer
therefor, except where the latter sends people to escort the goods.
Article 22.-
Preservation of goods at port warehouses and/or storing yards
1. The goods preservation hirer may only deposit
his/her goods into port warehouses and/or storing yards after signing a
contract for goods preservation.
2. The hirer of goods preservation in port
warehouses and/or storing yards shall have to pay the warehousing charges
agreed upon by the two contracting parties.
3. If goods deposited in port warehouses and/or
storing yards are lost or damaged within the prescribed contractual time limit,
the goods preservation undertaker shall have to compensate the preservation
hirer therefor at the market prices at the time and place where the goods are
lost or damaged.
4. Where the goods have been kept in warehouses
and/or storing yards beyond the duration prescribed in the preservation
contract, if the preservation undertaker wishes to have them removed and
collected, he/she shall have to notify this in advance to the preservation
hirer. Within 15 days after receiving such notification (according to the
postal date and hour), if the preservation hirer does not reply, the
preservation undertaker may remove and collect the goods and the preservation
hirer shall have to bear all costs of the removal and collection of such goods.
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Article 23.- Dealing with
goods damaged or kept in warehouses/storing yards beyond the prescribed time
limits.
1. When detecting signs of deterioration of
goods deposited in the port warehouses and/or storing yards, the preservation
undertaker shall have to seek measures for timely treatment and immediately
notify the preservation hirer thereof. If within 72 hours after the receipt of
such news (according to the postal date and hour) the preservation hirer does
not reply, the preservation undertaker may invite the competent body to come
for making the record thereof and the handling; the preservation hirer shall
have to bear all arising costs.
2. In the course of loading and/or unloading, if
the packages get torn or broken below the limits prescribed in the contract,
the cargo handling hirer shall have to collect the goods, repack them and bear
all arising costs. If the torn or broken parts are beyond the prescribed
contractual limits, the party at fault shall have to bear all the arising costs
for the excess percentages.
3. If goods are deposited at port warehouses
and/or storing yards beyond the time limits prescribed in the contract, the
preservation undertaker shall handle them according to the provisions in Clause
3, Article 6 of this Regulation.
Chapter VI
CHARGES, SURCHARGES AND
PAYMENT THEREOF
Article 24.- Charges
and surcharges
Charges and surcharges of cargo transportation,
handling, consignment and preservation must be based on the current price
brackets set by the State; where the price bracket is not available, the parties
shall reach agreement thereon and inscribe it in the contract.
Article 25.- Payment
mode and time limits
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2. The payment time limits:
a/ The shipping hirer shall have to pay in
advance at least 50% of the transportation charge and surcharge to the carrier
after the latter completely receive the goods and shall have to make full
payment immediately after the carrier has completely returned the goods;
b/ The handling hirer shall have to pay in
advance at least 50% of the handling charges and surcharges to the handler.
After the goods handling is completed, the handling hirer shall have to make
the full payment of the charges, surcharges and other arising costs;
c/ The goods preservation hirer shall have to
pay in advance at least 50% of the amount for warehouse and/or storing yard
renting and goods preservation hiring after all the goods are placed into the
port warehouse(s) and/or storing yard(s). After all the goods are removed from
the warehouse(s) and/or storing yard(s), the preservation hirer shall have to
make the full payment of the amount for warehouse and/or storing yard renting
and goods preservation hiring;
d/ If the hirer of goods transportation,
loading/unloading or preservation makes payment later than the time limits
stipulated at Points a, b and c of this Clause, the interest on the late paid
amount must be paid according to the interest rate set by the State Bank of
Vietnam at the time of payment;
e/ The carrier, the cargo handler, the goods
preserver and the hirer of the goods shipping, handling and/or preservation may
reach agreements other than those prescribed above but have to specifically
indicate them in the contract.
Chapter VII
COMPENSATION, REWARDS,
PENALTIES, CONTRACT LIQUIDATION AND COMPLAINTS
Article 26.-
Compensation
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If the goods are partially damaged or lost, the
compensation for such damaged or lost part shall be made. Where such loss or
damage leads to the unusability of the entire goods, the compensation for such
entire goods shall be made. The compensator shall be entitled to use such
goods.
2. Parties shall be exempt from compensation in
the following cases:
a/ It is due to force majeure causes.
b/ The means, equipment and human resources are
mobilized for salvage and rescue mission or requisitioned for other tasks.
3. Minutes of compensation disputes.
In the course of cargo transportation, handling,
consignment and/or preservation, if any incident happens thus affecting the
benefits of the parties, the record thereof must be made on the spot. The
record must clearly state the time, place, cause(s), on-the-scene objective
phenomena and subjective phenomena concerning the incident, which shall serve
as bases for the settlement of disputes.
The record, after being made, must be handed
over to the involved parties, each a copy.
Article 27.- Rewards,
penalties
The parties may agree in their contract on
rewards for highly efficient performance of the contract or stipulate the
levels of penalty for breaches of the contract.
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If damage is caused, the damage sufferer shall
have to send his/her/its request for compensation to the damage causer within
30 days after the complete delivery and reception of goods. Past such time
limit, all request for compensation shall become invalid. Within 15 days after
receiving the request for compensation (according to the postal date), the
damage causer shall have to reply the damage sufferer about whether or not the
compensation request is accepted.
Within 60 days from the date the damage sufferer
sends the compensation request, the two parties shall have to negotiate and
settle the case. If the two parties cannot reach any agreement, the damage
sufferer may send his/her/its written request to the economic arbitration or
economic court for dispute settlement according to the provisions of law.
The damage compensation value is calculated
according to the market prices at the time and the place the incident occurred.
If the compensation payment is delayed, the compensator shall have to pay the
interest on the late paid amount at the interest rate set by the State Bank of
Vietnam.
FOR THE MINISTER OF
COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Dao Dinh Binh