Consolidated Document number 17/VBHN-BGTVT stipulates the passenger transport, luggage, and cargo transport by high-speed passenger ships between ports, wharfs, inland water areas of Vietnam and across borders.

CIRCULAR

Regulations on passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders

Circular No. 66/2014/TT-BGTVT dated November 12, 2014, issued by the Minister of Transport, regulating passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders, took effect from January 1, 2015, and was amended and supplemented by:

1. Circular No. 20/2016/TT-BGTVT dated July 20, 2016, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 66/2014/TT-BGTVT dated November 12, 2014, issued by the Minister of Transport, regulating passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders, which took effect from October 1, 2016;

2. Circular No. 34/2019/TT-BGTVT dated September 6, 2019, issued by the Minister of Transport, amending and supplementing certain provisions of circulars regulating inland waterway transport, which took effect from November 1, 2019.

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Inland Waterway Transport Law dated June 15, 2004;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 30/2014/NĐ-CP dated April 14, 2014, of the Government on conditions for operating marine transportation services and supporting marine transportation services;

At the proposal of the Director of the Transport Department,

The Minister of Transport issues this Circular regulating passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders^[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the business of passenger transport, luggage, and consignment by high-speed passenger ships between ports, wharfs, and inland water areas within Vietnam and across borders.

Article 3. Explanation of Terms^[2]

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

1. A passenger ship is an inland waterway vessel with a capacity of more than 12 (twelve) people.

2. A person-carrying vessel is an inland waterway vessel with a capacity of up to 12 (twelve) people.

3. A high-speed passenger ship (high-speed passenger ferry) is a passenger ship certified by the Vietnamese Inspection Authority as meeting the national technical standards for classification and construction of high-speed vessels; it operates in planing mode where the hull is completely separated from the water surface due to aerodynamic lift created by surface effect, achieving a maximum speed of at least 30 km/hour under full load.

4. A passenger is a person transported on a passenger transport vehicle with a valid ticket or exempted from purchasing a ticket, except crew members, drivers, and service staff.

5. The relevant Port Authority is the Inland Waterway Port Authority or the Marine Port Authority.

Chapter II. BUSINESS OF PASSENGER TRANSPORT, LUGGAGE, AND CONSIGNMENT BY SHIP ON FIXED ROUTES

Article 4. Obligations of organizations and individuals engaged in passenger transport, luggage, and consignment by ship on fixed routes^[3]

1. Publicly disclose information about the quality of passenger transport, luggage, and consignment services on their website or post it at the port, wharf, and ticket counter so that passengers can be informed before boarding the ship.

2. Post at the port, wharf, and ticket counter in both Vietnamese and English: information about departure time, number of trips, fare, fare discount policies according to laws and the operator's regulations, itinerary (including all stopover points, stop times), passenger services during the journey, free baggage insurance, and contact phone numbers for passenger feedback.

3. Post on board in both Vietnamese and English: emergency hotline numbers of the organization, individual, management agency, search and rescue unit, and ship rules.

4. At least 10 minutes before the ship departs from the port or wharf, the service staff or crew members on board have the responsibility to guide and provide information about ship rules, location and usage of firefighting equipment, life-saving devices, and escape routes.

5. At least 10 minutes before the ship arrives at the port or wharf to disembark passengers, the service staff or crew members on board have the responsibility to provide information about the port, wharf, ship's stay time, and other necessary information.

6. Manage and store mandatory information, and provide complete mandatory information to relevant Provincial Departments of Transport, the Vietnam Maritime Administration, the Vietnam Inland Waterways Administration, and the relevant Port Authorities when requested.

Mandatory information includes: ship arrival and departure times from the port or wharf, ship route, passenger list, crew and service staff lists on the ship for each trip, and must be stored for one year.

7. Provide written notice to the Provincial Department of Transport and the relevant Port Authority, and notify at the ports and wharfs for passenger embarkation and disembarkation:

a) Ten days prior to commencing fixed-route passenger transport operations;

b) Three days prior to changes in the ship schedule or timetable, and twelve hours prior to changes in departure time;

c) Five days prior to ceasing operations on the route.

8. Notify the relevant Port Authority and related agencies and units

of ship incidents during the journey on the route.

9. Annually organize drills for rescue operations when the ship encounters collision, engine failure, fire, or explosion incidents.

10. Other obligations are stipulated in Clause 2 of Article 82 of the Inland Waterway Transport Law.

Article 5^[4]. (Repealed)

Article 6^[5]. (Repealed)

, Clause 1, Clause 2 Article 7a of this Regulation.^[6]. (Repealed)

Article 8. Procedures for Entering and Departing Ports and Wharfs for High-Speed Passenger Ships^[7]

1. Procedures for entering and departing inland waterway ports and wharfs shall be carried out in accordance with the provisions of the Law on Inland Waterway Transport.

2. Procedures for entering and departing sea ports shall be carried out in accordance with the provisions of the Law on Navigation.

Article 9^[8]. (Repealed)

Chapter III. PASSENGER TRANSPORTATION, LUGGAGE AND FREIGHT BY SHIP UNDER CHARTER CONTRACTS AND NON-COMMERCIAL TRANSPORTATION

Article 10^[9]. (Repealed)

Article 11. Obligations of Organizations and Individuals Engaging in Non-Commercial Transportation of Passengers, Luggage and Freight non-commercial transportation^[10]

1. Require the captain and drivers of means of transport engaged in non-commercial transportation to pick up and drop off passengers at inland waterway ports and wharfs that have been announced as operational, and not to engage in commercial passenger transport.

2. Provide the relevant Port Authority with specific ship operation plans when the ship's route includes areas without ports or wharfs.

3. Post on the ship: the telephone number of the relevant Port Authority, search and rescue units, and ship regulations.

4. Have the responsibility to guide the use of firefighting equipment, lifesaving devices, and escape mechanisms.

Article 12. Procedures for Entering and Departing Ports for Passenger, Luggage and Freight Transportation Under Charter Contracts

Procedures for entering and departing ports for ships transporting passengers, luggage and freight under charter contracts shall be carried out in accordance with Article 8 of this Circular.

Article 13. Procedures for Entering and Departing Ports and Wharfs for Non-Commercial Transportation of People, Luggage and Freight

1. Procedures for entering and departing ports and wharfs for^[11] non-commercial transportation shall be carried out in accordance with Article 8 of this Circular.

2. The relevant Port Authority responsible for issuing permits for ships to depart from ports and wharfs shall monitor the journey of the ship from that port or wharf to the final destination; take the lead in coordinating with related agencies and units to handle incidents and accidents during the journey.

Chapter IV. TECHNICAL REQUIREMENTS AND EQUIPMENT

Article 14^[12]. (Repealed)

Article 15. AIS Equipment on Ships^[13]

The installation of AIS equipment on ships and the technical functional standards of such equipment must comply with the national technical regulations issued by the Minister of Transport.

Chapter V. INVESTIGATION AND HANDLING OF ACCIDENTS

Article 16. Handling Accidents in Port Waters, Wharfs, and Inland Waterways^[14]

Organizations and individuals involved in search and rescue operations in port waters, wharfs, and inland waterways shall organize such activities in accordance with Clause 22, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014, Decision No. 51/2015/QD-TTg dated October 14, 2015 of the Prime Minister on the organization of search and rescue operations for inland waterway traffic accidents and handling procedures, and implementing environmental protection in accordance with current laws.

Article 17. Handling Accidents in Sea Port Waters and Shipping Channels^[15]

Organizations and individuals involved in handling accidents in sea port waters and shipping channels shall implement in accordance with Decision No. 06/2014/QD-TTg dated January 20, 2014 of the Prime Minister promulgating Regulations on Coordination for Search and Rescue Operations at Sea and in Sea Port Waters, Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on Reporting and Investigating Marine Accidents, and Circular No. 39/2017/TT-BGTVT dated November 7, 2017 amending and supplementing certain articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on Reporting and Investigating Marine Accidents.

Article 18. Temporary suspension of operations for vessels^[16]

The Department of Transport, the Inland Waterway Branch, and relevant Port Authorities shall suspend operations when they discover that high-speed passenger vessels have encountered incidents or accidents affecting the technical safety of the vessel, and only allow resumption of operations upon receipt of the opinion from the relevant inspection organization confirming that the vessel meets the conditions for continued safe operation.

Chapter VI. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 19. Responsibilities of organizations and individuals engaged in transportation business

1. Continuously monitor and supervise the voyage of vessels during their operational period.

2. Promptly address any issues arising during the vessel's operational period.

Article 20. Responsibilities of the Department of Transport

1. Take the lead and coordinate with related agencies and units to negotiate departure times.

2. Direct the Inland Waterway Port Authorities under the Department of Transport to implement:

a) Guide enterprises in completing procedures during the vessel exploitation process;

b) Remind, inspect, record in writing, and handle according to regulations any actions causing safety hazards and environmental pollution during the vessel's operational period.

Article 21. Responsibilities of the Vietnam Ship Registry Bureau

1. Guide subordinate branches of the Vietnam Ship Registry Bureau and inspection units under the Department of Transport to respond in writing regarding the results of irregular inspections conducted upon request by competent state authorities.

2.^[17] Report to the Ministry of Transport on matters related to vessels within their assigned responsibility.

3. Regularly or at random, inspect the technical safety, security, and environmental protection status of vessels and handle according to authority when necessary.

Article 22. Responsibilities of the Vietnam Maritime Administration

1. Direct relevant Port Marine Authorities to implement:

a) Guide enterprises in completing procedures during the vessel exploitation process;

b) Continuously monitor vessel activities through the Automatic Identification System (AIS);

c) Remind, inspect, record in writing, and handle according to regulations any actions causing safety hazards and environmental pollution during the vessel's operational period.

2. Direct the Regional Search and Rescue Coordination Center to:

a) Organize joint search and rescue drills;

b) Organize professional training for search and rescue for related organizations and individuals.

Article 23. Responsibilities of the Vietnam Inland Waterway Administration

1. Guide enterprises in completing procedures during the vessel exploitation process.

2. Remind, inspect, record in writing, and handle according to regulations any actions causing safety hazards and environmental pollution during the vessel's operational period.

Chapter VII.IMPLEMENTING PROVISIONS^[18]

Article 24. Effective Date

1. This Circular takes effect from January 1, 2015.

2. Repeal Circular No. 14/2012/TT-BGTVT dated April 27, 2012, issued by the Minister of Transport on passenger and luggage transport by high-speed passenger vessels along fixed waterway routes between ports and wharfs within Vietnam's inland waters, and Circular No. 44/2013/TT-BGTVT dated November 15, 2013, amending and supplementing certain provisions of Circular No. 14/2012/TT-BGTVT dated April 27, 2012, issued by the Minister of Transport on passenger and luggage transport by high-speed passenger vessels along fixed waterway routes between ports and wharfs within Vietnam's inland waters.

Article 25. Responsibilities for Implementation

The Head of the Ministry’s Office, the Inspector General, Heads of Departments, Directors of the Vietnam Maritime Administration, the Vietnam Ship Registry Bureau, the Vietnam Inland Waterway Administration, Directors of Provincial Transport Departments, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.

ANNEX I^[19] (Repealed)

ANNEX II^[20] (Repealed)

ANNEX III^[21] (Repealed)

^{_________________________}

^[1] Circular No. 20/2016/TT-BGTVT amending and supplementing certain provisions of Circular No. 66/2014/TT-BGTVT dated November 12, 2014, issued by the Minister of Transport on passenger and luggage transport by high-speed passenger vessels between ports, wharfs, and inland water areas of Vietnam and across borders is hereby promulgated based on the following grounds:

"Pursuant to the Vietnam Maritime Code 2005;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; Law amending and supplementing some provisions Article of the Law on Inland Waterway Transport dated June 17, 2014;

Based on Decree No. 30/2014/NĐ-CP dated April 14, 2014 of the Government on Conditions for Operating Sea Transport Services and Supporting Sea Transport Services;

Based on Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government stipulating Conditions for Operating Inland Waterway Transport Services;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the 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 Inland Waterways Administration,

The Minister of Transport issues this Circular amending and supplementing some Articles of Circular No. 66/2014/TT-BGTVT dated November 12, 2014 of the Minister of Transport stipulating passenger transport, baggage, and cargo transport by high-speed passenger ships between ports, wharfs, and inland waters of Vietnam and across borders.

Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services is based on the following grounds:

“Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Based on Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government stipulating conditions for Operating Inland Waterway Transport Services;

Based on Decree No. 128/2018/NĐ-CP dated September 24, 2018 of the Government amending and supplementing some provisions of Decrees stipulating conditions for investment and business operations in the field of inland waterway transport;

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

At the proposal of the Director of the Department of Transport and the Director of the Vietnam Inland Waterway Administration;

The Minister of Transport issues this Circular amending and supplementing some provisions of Circulars stipulating inland waterway transport services.”

^[2] This provision is amended and supplemented according to Clause 1, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[3] This provision is amended and supplemented according to Clause 2, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[4] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[5] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[6] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[7] This provision is amended according to Clause 3, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[8] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[9] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[10] This provision is amended and supplemented according to Clause 4, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[11] The phrase “under trip contract” is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[12] This provision is abolished according to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[13] This provision is amended according to Clause 5, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[14] This provision is amended and supplemented according to Clause 6, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing some provisions of Circulars stipulating inland waterway transport services, which takes effect from November 1, 2019.

^[15] This provision is amended and supplemented pursuant to Clause 7, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars on inland waterway transport, which takes effect from November 1, 2019.

^[16] This provision is amended and supplemented pursuant to Clause 8, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars on inland waterway transport, which takes effect from November 1, 2019.

^[17] This clause is amended and supplemented pursuant to Clause 9, Article 2 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars on inland waterway transport, which takes effect from November 1, 2019.

^[18] Articles 3 and 4 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars on inland waterway transport, which take effect from November 1, 2019, are stipulated as follows:Article 3. Effectiveness

1. This Circular takes effect from November 1, 2019.

2. Replacing Appendices I, II, III, and IV issued together with Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger and baggage transportation by inland waterway with Appendices I, II, III, and IV issued together with this Circular. 12th of December 2014 of the Minister of Transport on passenger and baggage transportation by inland waterway;

3. Abolish the following provisions:

a) Articles 5, 6, and 7 of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger and baggage transportation by inland waterway; b) Articles 5, 6, 7, 9, 10, 14, Appendices I, II, III, and the phrase "under trip contract" in Clause 1, Article 13 of Circular No. 66/2014/TT-BGTVT dated November 12, 2014 of the Minister of Transport on passenger and baggage transportation by high-speed passenger vessels between ports, wharfs, and waters within Vietnam's internal waters and across borders;

c) Circular No. 20/2016/TT-BGTVT dated July 20, 2016 of the Minister of Transport amending and supplementing certain provisions of Circular No. 66/2014/TT-BGTVT dated November 12, 2014 of the Minister of Transport on passenger and baggage transportation by high-speed passenger vessels between ports, wharfs, and waters within Vietnam's internal waters and across borders.

4. In cases where the referenced documents in this Circular are amended or supplemented, they shall be implemented according to the provisions of those documents.

The Director of the Ministry’s Office, the Inspector General, the Heads of Departments, the Directors of the Vietnam Inland Waterways Administration, the Vietnam Maritime Administration, the Vietnam Ship Survey Bureau, the Directors of Provincial Departments of Transport, the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.

Article 4. Organization of Implementation

This Appendix is abolished pursuant to Point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars on inland waterway transport, which takes effect from November 1, 2019.”

^[19] This Annex is abolished pursuant to point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain articles of Circulars regulating inland waterway transport, which took effect from November 1, 2019.

^[20] This Annex is abolished pursuant to point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain articles of Circulars regulating inland waterway transport, which took effect from November 1, 2019.

^[21] This Annex is abolished pursuant to point b, Clause 3, Article 3 of Circular No. 34/2019/TT-BGTVT amending and supplementing certain articles of Circulars regulating inland waterway transport, which took effect from November 1, 2019.