Circular No. 09/2018/TT-BGTVT on passenger and luggage transportation on national railway and dedicated railway connected to the national railway network.

CIRCULAR

Regulations on passenger transport and baggage transport on national railway and dedicated railway connected to the national railway

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

Pursuant to the Government Decree No. 12/2017/NĐ-CP dated February 10, 2017 on functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Railway Administration,

The Minister of Transport issues this Circular stipulating regulations on passenger transport and baggage transport on national railway and dedicated railway connected to the national railway.This Circular stipulates regulations on passenger transport and baggage transport on national railway and dedicated railway connected to the national railway.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals related to passenger transport and baggage transport on national railway and dedicated railway connected to the national railway.

Article 2. Applicability

Passenger means a person traveling on a train with a valid ticket.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

2. Hard ticket is a ticket issued by a passenger and baggage transportation business on the railway in the form of pre-printed tickets.

3. Electronic ticket is a ticket issued by a passenger and baggage transportation business on the railway stored in electronic data format.

4. Boarding pass is a printed copy of the electronic ticket or a digital image displayed on the screen of electronic devices containing all relevant information about the passenger.

5. Online ticket sales refer to the sale of tickets through the online information network of the passenger and baggage transportation business on the railway where the buyer may or may not visit the ticket sales locations of the business.

6. Baggage refers to items and goods transported on passenger trains including carry-on baggage and checked baggage.

7. Carry-on baggage is the baggage of passengers traveling on trains that they bring onto the passenger car.

8. Checked baggage is baggage sent to the baggage car.

9. OSJD (ORGANISATION FOR CO-OPERATION BETWEEN RAILWAYS): Is the railway cooperation organization of which the Socialist Republic of Vietnam is a member.

10. Technical permissible load of the carriage is the maximum permissible weight carried on the carriage according to the National Technical Regulation on Railway Operation.

11. Force majeure case refers to situations arising from natural disasters, enemy attacks, epidemics, or for reasons to ensure social order and security, traffic congestion not due to the fault of the passenger and baggage transportation business on the railway, passengers, and baggage consignors, despite the business, passengers, and consignors having applied all necessary measures within their capacity.

PASSENGER TRANSPORT

Chapter II

Article 4. Passenger Ticket

1. Passenger tickets shall be implemented in accordance with Clause 2, Article 54 of the Railway Law. Passenger tickets shall be issued in the form of hard tickets and electronic tickets.

2. A valid passenger ticket must meet the following conditions:

a) Issued by a passenger and baggage transportation business on the railway (hereinafter referred to as the business);

b) For hard tickets: Not erased, altered, or tampered with, retaining all information and must be used for the correct train and time specified on the ticket;

c) For electronic tickets: Must have a printed copy, boarding pass photograph in accordance with the business's regulations, or evidence stored in the business's database system containing all personal information matching one of the documents specified in Clause 2, Article 5 of this Circular.

3. When issuing hard tickets and electronic tickets, the business must publicly announce and guide passengers on how to use the tickets to ensure their rights and obligations.

3. When issuing physical tickets or electronic tickets, the enterprise must publicly announce and guide passengers on the regulations for using the tickets to ensure the rights and obligations of the passengers.

Article 5. Provisions on selling passenger tickets

1. Enterprises must organize ticket sales at multiple locations, several days before the train departure time, through various methods to facilitate ticket purchases for buyers.

2. In necessary cases, enterprises may request buyers to provide identification documents or other documents containing complete personal information recognized by law. For online ticket purchases via electronic information networks, buyers must provide all necessary information as stipulated by the enterprise.

3. Based on specific times, seat types, and train types, enterprises shall specify the detailed procedures for recording the buyer's name, ID number, or card number on the ticket according to the documents specified in Clause 2 of this Article.

Article 6. Purchasing group tickets, full carriages, or full carriage clusters for passenger trains

1. The organization of purchasing group tickets, full carriages, or full carriage clusters for passenger trains shall be carried out in accordance with the enterprise's regulations and the provisions of this Circular.

2. Enterprises have the responsibility to ensure passengers' rights in accordance with the law.

Article 7. Priority in queue for purchasing train tickets

The following categories of individuals are entitled to priority in queue for purchasing train tickets at ticket sales locations:

1. Individuals with serious illnesses requiring urgent transfer as determined by health authorities.

2. War invalids and disabled veterans.

3. Persons with disabilities.

4. Pregnant women.

5. Individuals traveling with children under 24 months old.

6. Seniors aged 60 years and above.

7. Other priority categories as defined by the enterprise.

Article 8. Supplemental Tickets

1. Situations where passengers or travelers must purchase supplemental tickets:

a) Passengers wishing to travel beyond the destination station indicated on their ticket;

b) Passengers wishing to upgrade from a lower class to a higher class seat;

c) Travelers without a ticket or with an invalid ticket.

2. Enterprises shall sell supplemental tickets to passengers or travelers falling under Clause 1 of this Article based on the enterprise's capacity, without affecting other passengers.

3. If the enterprise cannot sell supplemental tickets to passengers or travelers due to non-compliance with Clause 2 of this Article, the following measures shall be taken: For passengers or travelers specified in points a and c of Clause 1 of this Article, they must disembark before the train departs or at the nearest station where the train stops, and must pay the relevant fees as stipulated by the enterprise; for passengers specified in point b of Clause 1 of this Article, they shall continue to use the seat indicated on their ticket.

Article 9. Refunding and Changing Train Tickets

Passengers have the right to refund or change their tickets before the train departs. Enterprises shall specify the corresponding deduction rates for refunds and changes, as well as other related matters concerning the refunding and changing of tickets.

Article 10. Issuing Train Tickets Using Official Duty Cards or Free One-Time Train Tickets Issued by the OSJD Organization

1. Official duty cards and free one-time train tickets must be issued to the correct recipients as prescribed by the OSJD Organization.

2. Holders of official duty cards and free one-time train tickets are entitled to travel on passenger trains operating on railway routes.

3. When processing ticket issuance, travelers must present their official duty cards, free one-time train tickets, and identification documents as required by law and the OSJD Organization.

4. Enterprises have the responsibility to issue train tickets to users of official duty cards and free one-time train tickets in accordance with the OSJD Organization's regulations.

Chapter III

PASSENGER LUGGAGE TRANSPORT

Article 11. Provisions on luggage

1. Passengers are not required to purchase tickets for carry-on luggage within the weight and type limits specified by the enterprise. In cases where the weight exceeds the specified limit, passengers must purchase tickets according to the enterprise's regulations.

2. Passengers and persons sending checked luggage must purchase tickets for checked luggage.

3. In cases where the weight of carry-on luggage of passengers is regulated by international treaties to which the Socialist Republic of Vietnam is a member, such provisions shall be implemented in accordance with the provisions of those international treaties.

Article 12. Provisions on checked luggage

1. Passengers and persons sending checked luggage are responsible for accurately filling out the declaration form for checked goods, correctly stating the name of the goods according to the model prescribed by the enterprise, and bearing responsibility for the truthfulness of the declaration and the legality of the goods in the checked luggage.

2. The enterprise organizes the inspection of packaging, quantity, symbols, codes, and distinctive marks of the goods and confirms them on the declaration form for checked goods.

Article 13. Provisions on baggage transportation

1. Baggage transported must comply with the provisions set forth in Article 11 of this Circular.

2. Baggage is personal items and goods that are not strictly prohibited from being transported by rail; in cases where the items or goods are dangerous goods, live animals, corpses, or remains, they must comply with the provisions of Articles 62, 63, and 64 of the Railway Law and related laws.

3. Carry-on luggage packed by passengers must be securely contained to ensure safety, preventing the natural characteristics of the goods from affecting other passengers, and must be placed in the designated area on the passenger car, with the passenger responsible for its safekeeping.

4. Checked luggage must meet the following conditions:

a) Checked luggage must be securely packaged by passengers or persons sending checked luggage according to the enterprise's regulations on size and weight of each item. Ensuring no loss, reduction in weight, damage, or deterioration in quality during transportation;

b) The outside of the packaging of checked luggage must include the following information: Name, address, phone number, fax number (if available) of the passenger or person sending checked luggage, recipient of checked luggage; baggage ticket number; symbols, distinctive marks of the goods;

c) Before accepting transportation, the enterprise has the responsibility to inspect the packaging and request corrections or supplements to comply with regulations, and in cases of doubt about the authenticity of the goods inside, the enterprise may require passengers or persons sending checked luggage to open the packaging for inspection.

5. The enterprise specifies types of checked luggage that are not required to be packaged when transported.

6. Items and goods that are not allowed to be carried include:

a) Dangerous goods;

b) Weapons and auxiliary tools without valid permits;

c) Items causing hygiene issues or soiling the train cars;

d) Corpses and remains;

e) Goods prohibited from circulation;

f) Live animals (except pet dogs, cats, birds, ornamental fish but must have appropriate equipment to maintain hygiene and not affect surrounding people);

g) Bulky items obstructing movement on the train and damaging car equipment.

Article 14. Provisions on loading, unloading, and storing checked baggage

1. The enterprise shall be responsible for loading, unloading, and storing checked baggage and shall collect fees for loading and unloading checked baggage in accordance with the provisions of the enterprise.

2. If checked baggage is lost, reduced in quantity, damaged, or decreased in quality during transportation, loading, unloading, or storage due to the fault of the enterprise, the enterprise shall compensate for the part of the goods that have been lost, reduced in quantity, damaged, or decreased in quality in accordance with the provisions of Article 29 of this Circular.

Article 15. Notification of arrival of checked baggage

1. When checked baggage arrives at the destination station, the enterprise must immediately notify the recipient and confirm the time when the recipient has received the notification.

2. If checked baggage arrives at the destination station earlier or later than agreed between the passenger, the sender of checked baggage, and the enterprise, the enterprise shall have the responsibility to promptly notify the passenger, the sender of checked baggage, and the recipient.

Article 16. Periods for transporting and receiving checked baggage

1. The period for transporting checked baggage includes the time limit for accepting at the departure station, the transportation time on the route, and the period for receiving checked baggage at the destination station.

2. The period for receiving checked baggage is the time from when the recipient receives the enterprise's notification about the arrival of the checked baggage at the destination station until the enterprise delivers the checked baggage to the recipient.

3. The enterprise shall specify and publicly announce the periods stipulated in Clauses 1 and 2 of this Article and the handling of compensation for damages resulting from violations of these periods.

Article 17. Delivery of Checked Baggage

1. Upon receiving checked baggage, passengers and recipients of checked baggage must inspect the baggage, present and return the baggage ticket to the enterprise.

2. For recipients of checked baggage, in addition to complying with the provisions of Clause 1 of this Article, they must also present one of the documents specified in Clause 2 of Article 5 of this Circular.

3. In case passengers or recipients of checked baggage lose the baggage ticket, they must declare and report the necessary related contents according to the guidance of the enterprise; present one of the documents specified in Clause 2 of Article 5 of this Circular to receive the checked baggage.

4. In case the checked baggage is lost, reduced in quantity, damaged, or decreased in quality differently from the contents declared in accordance with Clause 1 of Article 12 of this Circular, passengers and recipients of checked baggage must promptly report to the representative of the enterprise delivering the checked baggage; the enterprise delivering the checked baggage shall be responsible for preparing a record confirming the condition of the checked baggage with the passengers and recipients of checked baggage as the basis for compensation and dispute resolution (if any).

5. The enterprise shall be responsible for creating the most favorable conditions for passengers and recipients of checked baggage to receive their baggage.

Chapter IV

INTERNATIONAL PASSENGER AND BAGGAGE TRANSPORTATION AND PASSENGER AND BAGGAGE TRANSPORTATION FROM SPECIALIZED RAILWAYS CONNECTED TO THE NATIONAL RAILWAY NETWORK AND VICE VERSA

Article 18. International Passenger and Baggage Transportation

International passenger and baggage transportation shall be carried out in accordance with the provisions of Article 57 of the Railways Law and relevant laws.

Article 19. Passenger and Luggage Transport from Dedicated Railways Connected to National Railways

The transport of passengers and luggage from dedicated railways connected to national railways into national railways and vice versa shall be carried out in accordance with the provisions of the Railway Law and related regulatory legal documents.

Chapter V

SETTLEMENT OF INCIDENTS AND OBSTACLES

PART 1

FOR PASSENGER TRANSPORT

Article 20. Passengers Stopping at Intermediate Stations Due to Illness

In cases where passengers must disembark at intermediate stations due to illness on board and cannot continue their journey, the Train Manager shall be responsible for the following:

1. Organizing first aid for the passenger;

2. Confirming that the passenger can continue their journey by another train or be refunded the fare for the remaining distance from the nearest station before which the train stops to pick up passengers to the destination station indicated on the purchased ticket.

Article 21. Change of Seats on Board

In cases where the enterprise must change carriages or trains compared to the ticket sales plan already sold to passengers, seat changes shall be handled as follows:

1. If passengers with higher-class tickets are unable to use their seats and have to use lower-class seats against their wishes, the enterprise must refund the difference in fare for the section traveled using the lower-class seat upon arrival at the destination station and may not charge additional fees. The ranking of seats on board is determined by the enterprise.

2. If passengers with lower-class tickets are unable to use their seats but are provided with higher-class seats by the enterprise, passengers do not need to pay extra.

3. At the departure station, if passengers refuse to board the train, the enterprise must refund the full ticket price to the passengers. At intermediate stations, if passengers refuse to change seats to continue their journey, the enterprise must refund the fare from the intermediate station to the final station indicated on the ticket.

Article 22. Lost Tickets, Boarding Cards

1. In cases where passengers lose hard tickets, they must report to the enterprise's staff. If passengers can prove ownership of the ticket, the enterprise is responsible for issuing a Confirmation Certificate for passengers to continue their journey. The format of the Confirmation Certificate is determined by the enterprise.

2. In cases where passengers lose boarding cards, the situation shall be handled as follows:

a) Passengers must provide the enterprise with information about themselves when purchasing tickets;

b) Based on the electronic ticket management database, the enterprise representative will reissue the boarding card for the passenger who has purchased it.

3. If the enterprise does not have sufficient grounds to verify that the passenger has a valid ticket, the passenger must purchase a supplementary ticket according to the enterprise's regulations or disembark at the nearest station where the train stops.

Article 23. Missed Trains by Passengers

1. If passengers miss their train due to reasons not attributable to the enterprise, the ticket will lose its validity. The enterprise shall specify specific cases of missed trains due to objective reasons and measures to support passengers.

2. If passengers miss their train due to the enterprise's fault, the situation shall be handled as follows:

a) An enterprise representative confirms the arrangement for passengers to travel on the earliest available train stopping at the destination station indicated on the ticket. If the enterprise arranges a lower-class seat than the one indicated on the ticket, the enterprise is responsible for refunding the difference between the fare indicated on the ticket and the actual fare for the seat arranged on the train. If the enterprise arranges a higher-class seat than the one indicated on the ticket, passengers do not need to pay extra;

b) Passengers have the right to request a ticket change to travel on another day with a similar type of train and can only make one change;

c) If passengers do not wait to continue their journey, the enterprise must refund the full ticket price (if missing the train at the departure station) or the fare for the untraveled section (if missing the train at an intermediate station);

d) The enterprise specifies the support provided to passengers during waiting time, including meals, drinks, accommodation, and rest.

Article 24. Blocked Train Routes

When there is an incident causing a blockage in train routes, it shall be handled as follows:

1. At passenger boarding stations:

a) Passengers have the right to refuse to board the train and request the enterprise to refund the full amount recorded on the ticket;

b) In cases where passengers agree to wait for the train, the enterprise must arrange for passengers to board the earliest available train.

2. During transportation:

a) If passengers wish to return to the departure station, the enterprise must arrange for passengers to return by the first available train and passengers will not have to pay for the ticket. Upon returning, passengers may disembark at any intermediate station if the train stops there. The enterprise must refund the ticket price to passengers for the section from the station where they disembarked to the destination station listed on the ticket;

b) In cases where passengers disembark at an intermediate station and request a refund of the ticket price, the enterprise must refund the ticket price for the section that the passengers did not travel;

c) In cases where passengers wait at a station while the train must stop to await further movement, the enterprise must ensure minimum living conditions such as free food and drink for passengers during the waiting time at the station;

d) In cases where the enterprise must organize transfer services, the enterprise must ensure minimum living conditions for passengers as stipulated in point c, Clause 2 of this Article.

3. The deadline for refunding the ticket price shall not exceed thirty days, counted from the date of passenger disembarkation.

Section 2

REGARDING CARGO TRANSPORTATION

Article 25. Handling of Unclaimed Baggage or Refused Deliveries

1. After sixty days from the date the enterprise informs the passenger or baggage sender about the delivery of the consigned baggage to the delivery location without claim or refusal to accept the goods, the consigned baggage shall be considered as unclaimed items or goods.

2. The enterprise shall negotiate with the passenger or baggage sender before accepting transportation regarding the handling of unclaimed items or goods as prescribed in Clause 1 of this Article. For perishable consigned baggage, the handling can be carried out prior to the deadline specified in Clause 1 of this Article.

Article 26. Modification of Consignment Baggage Transportation

1. After completing the consignment procedures, passengers or consignment baggage senders may modify the entire or part of the consignment baggage, change the destination station or recipient but must follow the modification and adjustment procedures as prescribed by the enterprise.

2. The enterprise has the responsibility to cooperate with passengers or consignment baggage senders to handle the modification and adjustment of consignment baggage transportation and prioritize the consignment baggage to travel the same route as the passenger.

3. The deadline for requesting modifications and other regulations for modifying consignment baggage transportation are determined by the enterprise.

Article 27. Consignment Baggage Belonging to Prohibited Goods or Seized Items

1. When discovering consignment baggage belonging to goods strictly prohibited in railway transportation activities according to the Railway Law and related legal documents, it shall be handled as follows:

a) In cases discovered at the departure station, the enterprise refuses transportation and reports to the nearest competent authority for acceptance and processing;

b) In cases discovered during transportation, the Train Captain is responsible for recording and confirming, bringing the consignment baggage back to the nearest station where the train stops, handing over to the enterprise staff at the station to report to the nearest competent authority for acceptance and processing.

2. When discovering consignment baggage that does not meet the requirements stipulated in Articles 62, 63, and 64 of the Railway Law, it shall be handled as follows:

a) In cases discovered at the departure station, the enterprise has the right to require passengers or consignment baggage senders to comply with the provisions of the Railway Law before transportation. If passengers or consignment baggage senders fail to meet these requirements, the enterprise will refuse transportation of the aforementioned consignment baggage;

b) In cases discovered during transportation, the Train Captain is responsible for recording and confirming, bringing the consignment baggage back to the nearest station where the train stops, handing over to the enterprise staff at the station to cooperate with passengers or consignment baggage senders to handle and ensure compliance with legal regulations before continuing transportation on the next train.

3. When there is a request from a competent state agency to seize consignment baggage, the enterprise representative or Train Captain records the incident and hands it over specifically to the representative of the seizing agency. The format of the record is determined by the enterprise. In addition to recording, each case is handled as follows:

a) In cases where consignment baggage is seized at the departure station, if the consignment baggage has not been loaded onto the carriage, the enterprise is responsible for informing passengers or consignment baggage senders to come for resolution. If the consignment baggage has been loaded onto the carriage but the train has not yet departed and there is still sufficient time for loading and unloading operations without affecting the train schedule, it must be unloaded and passengers or consignment baggage senders informed to come for resolution;

b) In cases where consignment baggage is seized during the train's operation, if the consignment baggage does not belong to the types of goods specified in Clause 1 and Clause 2 of this Article, it is allowed to transport to the destination station and inform passengers or consignment baggage senders to come for resolution;

c) In cases where consignment baggage is seized at the destination station, the Train Captain hands over to the enterprise representative at the station to inform passengers or consignment baggage recipients to come for resolution.

4. In addition to bearing the measures imposed by the competent state agencies, passengers or consignment baggage senders violating the provisions of Clauses 1, 2, and 3 of this Article must also:

a) Pay the transportation fee for the entire consignment baggage on the section already transported according to the enterprise's regulations;

b) Compensate for all losses caused by the violation;

c) Compensate for any additional expenses incurred if any.

Article 28. Suspension of Checked Baggage Transport Due to Traffic Blockage

1. Suspension at the Departure Station:

a) In cases where transport cannot be carried out due to force majeure, the enterprise shall return the checked baggage and transportation fees to the passenger and the sender of the checked baggage.

b) In cases where transport cannot be carried out due to the enterprise's fault, the enterprise must cancel the transport, return the checked baggage and all transportation fees, loading and unloading charges, and other collected fees to the passenger and the sender of the checked baggage.

2. Suspension at Intermediate Stations:

a) In cases where transport cannot continue due to force majeure, the passenger and the sender of the checked baggage may request to reclaim the checked baggage at the station where the train stops, at the departure station, or at a specified intermediate station that handles checked baggage. The enterprise must refund the transportation fee for the section from the unloading station to the destination station as indicated on the ticket.

b) In cases where transport cannot continue due to the enterprise's fault, the passenger and the sender of the checked baggage may request to reclaim the checked baggage at the station where the train stops, at the departure station, or at a specified intermediate station that handles checked baggage. The payment of costs to the passenger and the sender of the checked baggage shall be handled as follows: If reclaimed at the station where the train stops, the enterprise must refund the transportation fee for the untraveled section; if reclaimed at an intermediate station, the return trip section will be exempted from transportation fees, and the enterprise must refund the transportation fee from the unloading station to the destination station as indicated on the ticket; if reclaimed at the departure station, the return trip section will be exempted from transportation fees, and the enterprise must refund the entire transportation fee and loading/unloading charges collected.

3. At the departure station or intermediate stations, in cases where transport cannot be carried out due to train operation obstacles without the request of the passenger or the sender of the checked baggage as stipulated in Clauses 1 and 2 of this Article, the enterprise will continue to transport when the traffic is cleared.

Article 29. Compensation for Loss, Reduction in Volume, Damage, or Decrease in Quality of Checked Baggage Due to Enterprise Fault

1. In cases where the checked baggage is lost, reduced in volume, damaged, or decreased in quality, compensation shall be provided in one of the following forms:

a) According to the level agreed upon by both parties;

b) According to the market price of the goods at the time of payment and the delivery location; in cases where there is no market price for the goods, according to the average value of similar goods of the same quality in the area where the goods are delivered.

2. In cases where the checked baggage is partially lost, reduced in volume, damaged, or decreased in quality, compensation shall be provided for the part lost, reduced in volume, damaged, or decreased in quality; in cases where the loss, reduction in volume, damage, or decrease in quality leads to total damage or unusability, full compensation must be provided, and the enterprise has the right to own the damaged goods that have been compensated.

3. In addition to compensating for losses as prescribed in Clauses 1 and 2 of this Article, the enterprise must also refund the entire transportation fee and expenses collected from the sender.

4. Passengers, senders of the checked baggage, and the enterprise may agree on the forms and levels of compensation prescribed in Clause 1 and Clause 2 of this Article or other forms and levels of compensation that both parties agree to implement; in cases where no agreement can be reached, compensation shall be carried out in accordance with relevant laws.

Article 30. Resolution of Disputes

1. During the transportation of passengers and checked baggage by rail, if incidents occur affecting the interests of the parties, the enterprise and passengers, senders of the checked baggage shall resolve disputes through negotiation, mediation, or filing a lawsuit with the Court.

2. The procedures and formalities for resolving disputes shall be carried out in accordance with the provisions of the law.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN

RAILWAY PASSENGER AND CHECKED BAGGAGE TRANSPORT

Article 31. Responsibilities of the Vietnam Railway Administration

Aggregate statistical data on passenger transport and luggage transport operations conducted by passenger transport enterprises and luggage transport enterprises operating on national railways and dedicated railways connected to national railways, and report periodically to the Ministry of Transport as prescribed.

Article 32. Rights of Enterprises

1. Require passengers, travelers, and luggage consignors to purchase supplementary tickets when they do not have tickets or their tickets are invalid.

2. Have the right to refuse or suspend the transportation of passengers and luggage consignors who already have tickets in the following cases:

a) Passengers, travelers, and luggage consignors do not comply with the requirement to purchase supplementary tickets as stipulated in Clause 1 of this Article;

b) Travelers do not comply with the provisions of this Circular, train regulations, and other relevant laws;

c) Children under 10 years old (if age cannot be determined, those shorter than 1.32 meters) without an adult accompanying them;

d) Drunk persons, persons with mental disorders, persons with infectious diseases, or persons with illnesses for whom doctors have advised against travel or who may pose a danger to themselves during travel (except in cases where there is someone accompanying them to supervise and infectious disease patients have been safely isolated);

đ) Due to force majeure or special transportation tasks ordered by competent authorities such as rescue, security, and defense missions;

3. During peak holiday seasons when passenger transport demand increases, enterprises are permitted to arrange additional seats and convert sleeper berths into seating to transport passengers in carriages. In this case, the following conditions must be met: the carriage's permissible load weight, bridge load capacity, and passenger service quality, convenience, and safety must be ensured; publicize the plan for selling additional seats and converting sleeper berths into seating before selling tickets to passengers.

4. Exercise other rights as prescribed in Clause 1 of Article 53 of the Railways Law.

Article 33. Obligations of Enterprises

1. Post at railway stations, ticket sales points, and publicly announce on mass media or the enterprise’s website the following information:

a) Train schedules, passenger fares, and luggage consignment fees prior to implementation, ticket sales plans. For trains sold through electronic systems, the number of remaining seats for passengers must be announced;

b) Prohibited goods for luggage consignment in railway transport activities;

c) Items that passengers are not allowed to carry on board as hand luggage;

d) Luggage consignment requirements as stipulated in Articles 62, 63, and 64 of the Railways Law;

đ) Types, maximum weight, and dimensions of free hand luggage allowed; packaging standards for luggage;

e) Types, maximum weight, and quantity of luggage consignment accepted based on train type and route;

g) Enterprise regulations on serving passengers and other related matters concerning the implementation of this Circular; enterprise regulations on passenger and luggage transport must comply with the provisions of this Circular and other relevant laws;

2. Implement measures to inspect and control passengers and luggage on trains and at stations to ensure safety, security, and order on trains, at stations, and throughout the transportation process.

3. When passenger trains arrive at or depart from stations later than scheduled, representatives of the enterprise and the Train Captain must promptly inform passengers.

4. Report periodically or urgently statistical data on passenger and luggage transport operations conducted by the enterprise to the Vietnam Railway Administration for reporting to the Ministry of Transport as prescribed.

5. Fulfill other obligations as prescribed by the OSJD Organization; annual protocols of the Vietnam-China border railway conference.

6. Fulfill other obligations as prescribed in Clause 2 of Article 53 of the Railways Law.

Article 34. Rights of passengers and luggage consignors

1. The right to refuse to travel on the train or to consign luggage when:

a) The enterprise violates the provisions of this Circular or other regulations within its responsibility, such violations may directly or indirectly cause harm to life or health; damage or loss of consigned luggage of passengers or others;

b) The enterprise does not transport according to the scheduled train journey or time indicated on the ticket, and fails to reach an agreement with passengers or luggage consignors to change the schedule;

2. To exercise other rights as prescribed in Clause 1, Article 60 of the Railway Law.

Article 35. Obligations of passengers and luggage consignors

1. To pay for the transportation of consigned luggage and other costs as stipulated by the enterprise before transportation. During transportation, if additional costs arise, they must be paid to the enterprise.

2. To have valid tickets for train travel.

3. Children under 10 years old (if age cannot be determined, those shorter than 1.32 meters) traveling on trains must be accompanied by an adult.

4. When requested by the enterprise, passengers and travelers shall be responsible for presenting their tickets and one of the documents specified in Clause 2, Article 5 of this Circular, or other documents as required by the enterprise upon entering or leaving stations, boarding the train, or while on board the train.

5. Drunk persons, mentally impaired individuals, infectious disease patients, or those with illnesses that doctors have advised against traveling or who may pose a danger to themselves during travel must be accompanied by someone to supervise them, and infectious disease patients must be safely isolated.

6. To fulfill other obligations as prescribed in Clause 2, Article 60 of the Railway Law.

Article 36. Reporting System

1. Statistical data on passenger and luggage transportation operations reported by enterprises to the Vietnam Railways Corporation must be conducted periodically (monthly, quarterly, annually) or at any time as required.

2. Reporting Period

a) Monthly report: From the first day to the last day of the month;

b) Quarterly report: From the first day of the first month of the quarter to the last day of the last month of the quarter;

c) Annual report: From January 1st of the year to December 31st of the year.

3. Reporting deadline: Before the 10th day of the month immediately following the reporting period.

4. Content and format of reports: As specified in Appendixes 1 and 2 of this Circular and other formats prescribed in regulatory legal documents (if applicable).

Chapter VII

IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Circular takes effect from July 1, 2018.

2. Circular No. 78/2014/TT-BGTVT dated December 24, 2014, issued by the Minister of Transport regarding the transportation of passengers, luggage, and parcels on national railways, ceases to be effective from the date this Circular takes effect.

Article 38. Implementation

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railways Corporation, Heads of agencies, units, and relevant individuals are responsible for implementing this Circular./.