Circular No. 20/2011/TT-BGTVT of March 31, 2011, providing for passenger

• Official number: 20/2011/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Ho Nghia Dung
• Issued Date: 31/03/2011

THE MINISTER OF TRANSPORT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 20/2011/TT-BGTVT	Hanoi, March 31, 2011

CIRCULAR

PROVIDING FOR PASSENGER TRANSPORTATION BY INLAND WATERWAY

Pursuant to the 2004 Law on Inland Waterway Navigation;

Pursuant to the Government's Decree No. 51/ 2008/ND-CP of April 22, 2008, defining the Junctions, tasks, powers and organizational, structure of the Ministry of Transport;

The Minister of Transport provides for passenger transportation by inland waterway as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

...

...

...

2. This Circular applies to organizations and individuals engaged in the transportation of passengers, luggage and consigned baggage by inland waterway.

Article 2. Interpretation of terms

Passenger mean a person who is carried on board an inland waterway passenger vessel and has bought a passenger ticket, excluding the vessel's crew members and operator and fare-exempt children accompanying the passenger.

Chapter II

PASSENGER TRANSPORTATION BY INLAND WATERWAY

Article 3. Obligations of passenger transport dealers

In addition to complying with Clause 2, Article 82 of the Law on Inland Waterway Navigation, transport dealers shall perform the following obligations:

1. To put sufficient life saving and fire extinguishing devices and equipment at easily noticeable and accessible places on board vessels.

2. To make announcement at passenger-embarking and -disembarking ports or landing stages at least 3 days in advance upon any changes in vessels' operation chart or itinerary or at least 12 hours in advance upon any changes in the time of departure (except cases of cross-river passenger transportation).

...

...

...

4. To post up vessels' internal rules (applicable to passengers) and use instructions of life saving and fire extinguishing devices and equipment at easily noticeable places on board vessels; in case these rules and instructions cannot be posted up on board vessels, they must be posted up at passenger-embarking and -disembarking ports and landing stages.

5. To serve passengers in a civilized and polite manner.

6. To report the termination of operation on fixed routes to competent agencies which have granted approval for passenger transportation on fixed routes at least 5 days in advance.

Article 4. Procedures for grant of approval for passenger transportation on fixed routes, applicable to organizations and individuals with foreign investment capital in Vietnam, and passenger transportation on cross-border inland waterway routes

1. For organizations and individuals with foreign investment capital in Vietnam that register for passenger transportation on domestic fixed inland waterway routes

a/ Registrants shall submit their dossiers by post or directly to regional inland waterway administrations.

A dossier comprises a paper of registration for passenger transportation on fixed inland waterway routes, made according to form No. 1 attached to this Circular; written agreements or contracts with inland waterway port or landing stage authorities allowing vessels to enter ports or landing stages to embark or disembark passengers; written consents of provincial-level Transport Departments of localities in which passenger ports or landing stages are located; certified copies (or copies enclosed with originals for comparison) of the business registration certificate, stating the business line of passenger transportation by inland waterway, certificates of registration and certificates of technical safety and environmental protection of inland waterway vessels which are valid and suitable to the grade of the operation route.

b/ Within 5 working days after receiving a dossier specified at Point a, Clause 1 of this Article, the regional inland waterway administration shall examine the dossier; if the dossier is complete according to regulations, it shall issue a written approval for passenger transportation on fixed inland waterway routes; if the prescribed conditions are not fully met, it shall return the dossier and issue a written reply clearly stating the reason.

2. For organizations and individuals that register for passenger transportation on cross-border inland waterway routes

...

...

...

A dossier comprises the papers specified at Point a. Clause 1 of this Article; the written consent of a competent authority of the foreign country of destination.

b/ Within 5 working days after receiving a dossier specified at Point a, Clause 1 of this Article, the regional inland waterway administration shall examine the dossier; if the dossier is complete according to regulations, it shall propose in writing the Vietnam Inland Waterway Administration to approve passenger transportation on cross-border inland waterway routes; if the prescribed conditions are not fully met, it shall return the dossier and issue a written reply clearly stating the reason.

c/ Within 5 working days after receiving the regional inland waterway administration's proposal, the Vietnam Inland Waterway Administration shall issue a written approval for passenger transportation on cross-border inland waterway routes. In case of refusal, it shall return the dossier and give a written reply clearly stating the reason.

Article 5. Procedures for grant of approval for passenger transportation on fixed routes (except for foreign-invested organizations in Vietnam and passenger transportation on cross-border inland waterway routes)

Organizations and individuals shall submit their dossiers by post or directly to provincial-level Transport Departments of localities in which they are headquartered, for organizations, or register their permanent residence, for individuals. A dossier comprises:

1. A paper of registration for passenger transportation on fixed inland waterway routes, made according to form No. 1 provided in this Circular.

2. The written agreements or contracts with inland waterway port or landing stage authorities allowing vessels to enter ports or landing stages to embark or disembark passengers.

3. Written consents of provincial-level Transport Departments of localities in which ports or landing stages are located.

4. Certified copies (or copies enclosed with originals for comparison) of the following papers:

...

...

...

b/ Certificates of registration of inland waterway vessels;

c/ Certificates of technical safety and environmental protection of inland waterway vessels, which are valid and suitable to the grade of the operation route.

5. Within 5 working days after receiving a dossier specified at Clauses 1.2.3 and 4 of this Article, the provincial-level Transport Department shall examine the dossier; if the dossier is complete according to regulations, it shall issue a written approval for passenger transportation on fixed inland waterway routes; if the prescribed conditions are not fully met, it shall return the dossier and issue a written reply clearly stating the reason.

Article 6. Passenger transportation under contracts

1. In addition to complying with the provisions of Article 78 of the Law on Inland Waterway Navigation, transport dealers engaged in passenger transportation under contracts may operate their vessels only on organized inland waterway routes within the operation area stated in the certificate of technical safety and environmental protection of inland waterway vessels; and embark and disembark passengers at inland waterway ports already announced or at inland waterway landing stages which have operation licenses.

2. For each vessel, a passenger transportation contract with the following details must be signed:

a/ The itinerary;

b/ Names of passenger-embarking and -disembarking ports and landing stages;

c/ The period of operation and number of trips under the contract.

...

...

...

In addition to complying with the provisions of Article 79 of the Law on Inland Waterway Navigation, organizations and individuals engaged in cross-river passenger transportation may only operate vessels at inland waterway landing stages which have a permit for cross-river passenger transportation.

Chapter III

EXPERIMENTAL TRANSFORMATION ON INLAND WATERWAY ROUTES

Article 8. Vessels subject to experimental transportation

1. For vessels which are domestically manufactured or imported for the first time and have new technical properties and a speed of 30 km/h or higher, before using them for passenger transportation on inland waterway routes, testing trips must be organized under the supervision of concerned provincial-level Transport Departments.

2. The duration of experimental transportation on inland waterway routes is:

a/ Six months, for vessels which are domestically manufactured or imported for the first time and have new technical properties for use in passenger transportation on inland waterway routes;

b/ Three months, for vessels with technical properties similar to those of operating ones.

Article 9. Procedures for grant of approval for testing trips of passenger vessels on inland waterway routes

...

...

...

a/ An application for approval for a vessel's testing trip on an inland waterway route, made according to form No. 2 attached to this Circular;

b/ Written agreements or contracts with inland waterway port or landing stage authorities allowing the vessel to enter ports or landing stages to embark or disembark passengers;

c/ Written consents of provincial-level Transport Departments of localities related to the transport route;

d/ Certified copies (or copies enclosed with originals for comparison) of: the business registration certificate stating the business line of passenger transportation by inland waterway, the vessel's registration certificate and certificate of technical safety and environmental protection, which is valid and suitable to the grade of the projected operation route of the vessel.

2. Organizations and individuals without foreign investment capital in Vietnam shall submit their dossiers by post or directly to Transport Departments of provinces or centrally run cities in which they are headquartered, for organizations, or register their permanent residence, for individuals. Within 5 working days after receiving a dossier specified in Clause 1 of this Article, the provincial-level Transport Department shall examine the dossier and, if the dossier is complete, make a written approval for the vessel's testing trip. In case the prescribed conditions are not fully met, the provincial-level Transport Department shall return the dossier and issue a written reply clearly stating the reason.

3. Organizations and individuals with foreign investment capital in Vietnam shall submit their dossiers by post or directly to regional inland waterway administrations. Within 5 working days after receiving a dossier specified in Clause 1 of this Article, the regional inland waterway administration shall examine the dossier and, if the dossier is complete, make a written approval for the vessel's testing trip. In case the prescribed conditions are not fully met, it shall return the dossier and issue a written reply clearly stating the reason.

4. For organizations and individuals registering for passenger vessel's testing trips on cross-border inland waterway routes

a/ Organizations and individuals shall submit their dossiers by post or directly to regional inland waterway administrations.

A dossier comprises the papers specified in Clause 1 of this Article and the written consent of a competent authority of the country of destination.

...

...

...

c/ Within 5 working days after receiving the regional inland waterway administration's proposal, the Vietnam Inland Waterway Administration shall issue a written approval for the passenger vessel's testing trip on a cross-border inland waterway route. In case of refusal, it shall return the dossier and issue a written reply clearly stating the reason.

Article 10. Procedures for grant of approval for experimental passenger transportation on inland waterway routes

1. After a testing trips is finished, the organization or individuals shall send a dossier of application for experimental transportation on inland waterway routes by post or submit it directly to the agency which has approved the testing trip. A dossier comprises:

a/ An application for approval for experimental passenger transportation on inland waterway routes, made according to form No. 3 attached to this Circular;

b/ A record of the testing trip, made according to form No. 4 attached to this Circular, containing written consents of agencies and units supervising the testing trip.

2. Within 5 working days after receiving a complete dossier specified in Clause 1 of this Article, after examining and finding the dossier complete according to regulations:

a/ The provincial-level Transport Department shall issue a written approval for experimental transportation on inland waterway routes, for applicants being organizations and individuals without foreign investment capital;

b/ The regional inland Waterway administration shall issue a written approval for experimental transportation on inland waterway routes, for applicants being organizations and individuals with foreign investment capital.

In case the prescribed conditions are not fully met, the competent authority shall return the dossier and issue a written reply clearly stating the reason.

...

...

...

a/ Within 5 working days after receiving a dossier specified in Clause 1 of this Article, the regional inland waterway administration shall examine the dossier and, if the dossier is complete, propose in writing the Vietnam Inland Waterway Administration to approve the experimental passenger transportation on cross-border inland waterway routes. In case the prescribed conditions are not fully met, it shall return the dossier and issue a written reply clearly stating the reason.

b/ Within 5 working days after receiving the regional inland waterway administration's proposal, the Vietnam Inland Waterway Administration shall issue a written approval for experimental passenger transportation on cross border inland waterway routes. In case of refusal, it shall return the dossier and issue a written reply clearly stating the reason.

4. Past the experimental transportation period, if there remain problems, affecting the safety of vessels, competent authorities may extend the experimental transportation period and clearly state the problems and remedies to be taken. The maximum extension period is 3 months and the total experimental transportation period must not exceed 12 months.

5. Within or after the experimental transportation period, in case the route's infrastructure works or the vessels fail to assure safety conditions, competent authorities may issue a document to request termination of the operation and notify such to concerned agencies and units.

Article. 11. Approval for official operation of passenger vessels on inland waterway routes

1. Upon the expiration of the experimental transportation period, organizations and individuals applying for the grant of approval for the passenger vessels' official operation on inland waterway routes shall add a report (containing the certification of concerned provincial-level Transport Departments) to the dossier of application for approval for the passenger vessels' official operation on inland waterway routes.

2. Organizations and individuals related to the grant of approval for official operation of passenger vessels on inland waterway routes shall comply with the provisions of Articles 4 and 5 of this Circular.

3. In the written approval for official passenger transportation on inland waterway routes, competent authorities shall clearly indicate that the organization or individual is approved to officially provide transportation and notify such to concerned provincial-level Transport Departments for continued monitoring and management.

Chapter IV

...

...

...

Article 12. Passenger tickets, ticket sale, making of passenger lists and ticket check

1. Passenger tickets constitute proof of the entry into passenger transportation contracts. Passenger tickets shall be printed and distributed by passenger transport dealers themselves according to form No. 5 attached to this Circular.

2. It is prohibited to sell tickets at fare rates other than those announced by passenger transport dealers at places of ticket sale. New or adjusted fare rates must be publicly displayed at passenger-embarking and -disembarking ports and landing stages at least 15 days in advance for 3 consecutive days before application. The adjustment of fare rates complies with the Ministry of Finance's regulations.

3. Organizations and individuals dealing in passenger transportation on fixed routes may sell tickets by themselves or authorize inland waterway port or landing stage authorities or other entities to do so.

4. The time of starting and closing ticket sale must be publicly displayed at places of ticket sale and passenger waiting halls. For passenger transportation on fixed routes, ticket sale must be closed at least 15 minutes before the vessel departure.

5. The number of tickets sold out for each trip must not exceed the number of passenger seats prescribed by the registry for the vessel concerned.

6. For each trip of passenger transportation on fixed routes or under contracts, the carrier shall make a passenger list in at least two originals, one to be handed to the captain and the other to be kept at the inland waterway port or landing stage. The captain shall add to the passenger list the names of passengers who embark the vessel at landing stages along the transportation route. The passenger list must also include those who are exempt from fares.

7. It is required to check tickets when passengers embark vessels; to prevent passengers from embarking vessels in a number exceeding the prescribed number of seats and promptly handle mistakes in passenger tickets.

Article 13. Fare exemption and reduction

...

...

...

2. Children aged between over 5 to 10 years enjoy a 50% reduction of fare but every two of them shall share a seat.

Article 14. Ticket sale priority

1. Patients who must be shipped at the request of health agencies;

2. War invalids or diseased soldiers of class 1 and class 2;

3. Persons aged over 65 years and persons with disabilities;

4. Persons with children of under 24 months;

5. Pregnant women.

Article 15. Handling of passengers tickets

1. A passenger who travels past the port or landing stage of destination named in his/her ticket shall buy an additional ticket for the additional distance.

...

...

...

3. A passenger who returns his/her ticket at least one hour before the vessel departs will be refunded 90% of the fare.

4. In case a passenger who has a ticket bat arrives late after the vessel departs according to the announced itinerary schedule and fails to inform such to the passenger transport dealer or ticket seller:

a/ If such passenger wants to. take the subsequent trip, the passenger transport dealer shall arrange him/her on the subsequent trip and may collect an extra amount of 50% of the fare amount;

b/ If such passenger does not want to take the subsequent trip, he/she will not be refunded the fare.

5. In case a passenger who has a ticket but cannot arrive before the vessel departs according to the announced itinerary scheduler and has informed such to the passenger transport dealer or ticket seller (by telephone, telegraph, fax or e-mail) at least 2 hours in advance:

a/ If such passenger wants to take the subsequent trip, the passenger transport dealer shall arrange him/her on the subsequent trip and may collect an extra amount of 20% of the fare amount.

b/ If such passenger does not want to take the subsequent trip and wants to return the ticket he/she will be refunded 80% of the fare.

Chapter V

TRANSPORTATION AND PRESERVATION OF CHECKED LUGGAGE AND CONSIGNED BAGGAGE

...

...

...

1. Each passenger is entitled to freight-free 20 kg of luggage. Each passenger specified in Clause 2, Article 15 of this Circular is entitled to freight-free 10 kg of luggage.

2. Conditions on checked luggage and consigned baggage:

a/ They must not exceed 1.2 meter in length x 0.7 meter in width x 0.7 meter in height and weigh no more than 20 kg, for carry-on luggage, or 50 kg, for each pack or bale of checked luggage;

b/ Freight has been paid;

c/ In addition to the conditions prescribed at Points a add b above, checked luggage must satisfy the following conditions: to be shipped to the place of destination named in the passenger ticket; to be carried on the same vessel with passengers, even in case they must be transshipped to another vessel during transportation.

3. The following luggage and consigned baggage may not placed in passenger cabins:

a/ Human remains;

b/ Animals weighing 40 kg or more each;

c/ Fetid cargoes;

...

...

...

Article 17. Receipt and preservation of checked luggage and consigned baggage

1. Passengers with checked luggage shall pay freights for excess luggage and deliver them to the transport dealer before the vessel departs.

2. Persons having consigned baggage shall make a cargo consignment note clearly stating the category, quantity, weight and value of goods; the names and addresses of the consignor and consignee. A cargo consignment note shall be made in at least 2 originals, one to be kept by the consignee and the other, the transport dealer.

When necessary, more originals may be made.

3. Checking passengers and consignors shall take responsibility for the lawfulness of goods packed in checked luggage and consigned baggage and forward copies of relevant valid papers to transport dealers.

4. Transport dealers shall inspect the package, quantity and commodity codes of goods and make certification in cargo consignment notes and, depending on the capacity of vessels, warehouses and storing yards, decide to accept the checked luggage and consigned baggage.

Article 18. Delivery of checked luggage and consigned baggage

1. When receiving their checked luggage, passengers shall produce passenger tickets and freight receipts.

2. When receiving consigned baggage, consignees shall produce freight receipts, cargo consignment notes and personal identification papers. In case of authorizing other persons to receive goods, consignees shall make a letter of authorization according to law. In case a consignee comes to receive goods after the time agreed between the two parries, he/she shall pay a warehousing charge.

...

...

...

Chapter VI

SETTLEMENT OF DISPUTES AND COMPENSATION

Article 19. Cases in which the transport dealer is at fault

1. In case a vessel fails to depart on time and passengers have to wait overnight, the transport dealer shall arrange accommodation and meals for passengers and bear all costs therefor. If passengers do not want to take the trip and return their tickets, the transport dealer shall fully refund fares and freights to passengers.

2. In case a vessel breaks down en route and is unable to continue its trip, the captain shall take every measure to safely carry passengers to the nearest landing stage and notify such to the transport dealer for taking the following actions:

a/ In case passengers have to wait overnight, the transport dealer shall arrange accommoda­tions and meals for passengers and bear all costs;

b/ If passengers do not want to wait for resumption of the trip, the transport dealer shall refund parts of fare and freight amounts corresponding to the remaining distance to passengers;

c/ If the transport dealer arranges another vessel to carry passengers back to the landing stage of departure, it shall refund the whole of fare and freight amounts to passengers.

Article 20. Force majeure circumstances

...

...

...

2. In case a vessel is en route:

a/ If the vessel has to follow another route longer than the original route, the transport dealer may not collect any extra fare or freight from passengers;

b/ If passengers, luggage and consigned baggage must be transshipped, the transport dealer shall carry out the transshipment and bear all costs therefor;

c/ If the vessel cannot continue its trip and has to go back to the nearest landing stage or the landing stage of departure, passengers will not be required to pay fare and freight amounts for the trip back and the transport dealer shall refund the fare and freight amounts correspon­ding to the remaining distance to passengers.

Article 21. Cases in which passengers fall into the water, die or get sick en route

1. In case a passenger falls into the water, the captain shall promptly mobilize all forces to rescue him/her. If all rescue attempts fail, the captain shall make a record containing the certification of the victim's accompanying persons (if any) and passengers' representatives and notify such to the administration of the locality in which the accident occurs. In case the victim has no accompanying person, the captain shall notify the accident to his/her family or office for coordinated settlement.

2. In case a passenger dies, the captain shall make a record containing the certification of the victim's accompanying person (if any) and passengers' representatives, take the victim and his/her luggage to the nearest landing stage and appoint a person to take care of the victim and his/her luggage and notify the accident to the local administration and the victim's family or office for coordinated settlement. The victim's luggage must be inventoried and preserved.

3. In case a passenger gets a serious illness, the captain shall provide him/her with first-aid treatment; in case the illness threatens his/her life, the captain shall take him/her to the nearest landing stage and appoint a person to carry him/ her to a medical establishment, except cases in which the passenger has an accompanying person.

Article 22. Checked luggage during transportation

...

...

...

2. In force majeure circumstances in which safety cannot be assured, the transport dealer may unload part or the whole of luggage from the vessel. Passengers having such luggage shall themselves preserve their luggage. Each party shall bear its own costs and losses.

3. In case a vessel is requisitioned under the order of a competent authority, the captain shall notify such to the transport dealers and passengers. Crew members and the requisitioning authority shall disembark passengers and their luggage. The requisitioning authority shall arrange another vessel to carry passengers, luggage and consigned baggage.

4. In case a channel is blocked, the transport dealer shall notify such to passengers and, together with passengers, take the following measures:

a/ When seeing that the waiting time will be long, delaying the trip and affecting the passengers' health, the transport dealer shall steer the vessel to the nearest landing stage, disembark passengers and their luggage and help them to continue their travel with another vessel. The transport dealer may collect fare and freight amounts only for the actually traveled distance;

b/ When the vessel must go back to the port or landing stage of departure, the transport dealer may collect fare and freight amounts only for the actually traveled distance (excluding the trip back);

c/ When passengers and luggage must be transshipped past the blocked section, the transport dealer shall conduct the transshipment and bear all costs;

d/ In case the vessel will wait until the channel is cleared, the transport dealer shall notify such to passengers; in case passengers want to leave the vessel, crew members shall help them disembark.

Article 23. Consigned baggage

Any incidents occurring to consigned baggage during transportation shall be handled under regulations on cargo transportation by inland waterway.

...

...

...

1. In case checked luggage and consigned baggage are damaged, inadequate or lost due to the fault of the transport dealer, the transport dealer shall pay compensation based on;

a/ The declared value, for checked luggage and consigned baggage of which the value has been declared. In case the transport dealer can prove that the actual damage is lower than the declared value, it shall pay compensation based on the actual damage;

b/ A rate agreed upon by the two parties;

c/ The invoiced price;

d/ The market price of such goods at the time of compensation payment at the place of goods delivery. In case no market price is available, compensation shall be paid based on the average price of goods of the same category and quality at the place of goods delivery;

e/ Cases which cannot be settled under Point a. b, c or d, Clause 1 of this Article shall be handled as follows: the maximum compensation level is VND 20,000 (twenty thousand) per 1 kg of damaged luggage or baggage and VND 7,000.000 (seven million) for each pack of damaged luggage or baggage.

2. In case checked luggage or consigned baggage is partially damaged, inadequate or lost, compensation shall be paid for the damaged, inadequate or lost part; in case goods become unusable due to partial damage, inadequate quantity or partial loss, the transport dealer shall pay compensation for the whole goods and may own goods for which compensation has been paid.

3. In addition to paying compensation under Clause 1 of this Article, the transport dealer shall refund passengers or consignors the whole freight or surcharge amounts paid for the damaged luggage or baggage.

Article 25. Settlement of disputes

...

...

...

2. In case of failure to reach an agreement, involved parties may file a petition with an economic arbitration or economic court for settlement according to law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 26. Competence to approve passenger transportation on fixed routes

1. The Vietnam Inland Waterway Administration shall approve passenger transportation on fixed routes and testing trips and experimental transportation on cross-border inland waterway routes of passenger vessels of organizations and individuals with foreign investment capital.

2. Regional inland waterway administrations shall approve passenger transportation on fixed routes and testing trips and experimental transportation on domestic fixed inland waterway routes of passenger vessels of organizations and individuals with foreign investment capital.

3. Provincial-level Transport Departments shall approve passenger transportation on fixed routes and testing trips and experimental transportation on inland waterway routes of passenger vessels of organizations and individuals without foreign investment capital.

Article 27. Effect

1. This Circular takes 45 days from the date of its signing. The Minister of Transport's Decision No. 34/2004/QD-BGTVT of December 21, 2004, promulgating the Regulation on passenger transportation by inland waterway is hereby annulled.

...

...

...

a/ Form No. 1: The paper of registration of passenger transportation on fixed inland waterway routes;

b/ Form No. 2: The application for approval for testing trips of passenger vessels on inland waterway routes;

c/ Form No. 3: The record of testing trips;

d/ Form No. 4: The application for approval for experimental passenger transportation on inland waterway routes;

e/ Form No. 5. Passenger ticket of inland waterway vessels.

(All the above forms are not printed herein).

Article 28. Organization of implementation

The Office Chief, the Chief Inspector, directors of departments, the director of the Vietnam Inland Waterway Administration, heads of concerned agencies and organizations and concerned individuals shall implement this Circular.

...

...

...

MINISTER OF TRANSPORT




Ho Nghia Dung