Circular No. 20/2011/TT-BGTVT on inland waterway passenger transport

CIRCULAR

Provisions on inland waterway passenger transport

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

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate provisions on inland waterway passenger transport as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates the business activities of inland waterway passenger transport, luggage, and parcels.

2. This Circular applies to organizations and individuals related to inland waterway passenger transport, luggage, and parcels.

Article 2. Interpretation of Terms

Passenger: refers to a person being transported on inland waterway passenger transport vessels and who has purchased a passenger ticket, except for crew members, vessel drivers, and children traveling free with passengers.

Chapter II

INLAND WATERWAY PASSENGER TRANSPORT

Article 3. Obligations of passenger transport operators

In addition to complying with the provisions of Clause 2, Article 82 of the Law on Inland Waterway Traffic, passenger transport operators must also comply with the following obligations:

1. To fully equip lifesaving and firefighting equipment in easily visible and accessible locations on the vessel.

2. To notify at ports and wharfs where passengers are picked up and dropped off three days in advance when there is a change in the operation schedule or timetable of the vessel; twelve hours in advance when there is a change in departure time (except for river-crossing passenger transport).

3. At least ten minutes before the vessel arrives at the port or wharf where passengers are picked up and dropped off, the captain must inform passengers of the name of the port or wharf, the vessel's stay time, and other necessary information (except for river-crossing passenger transport).

4. To post the vessel's regulations (applicable to passengers) and instructions for using lifesaving and firefighting equipment in easily visible locations on the vessel; for vessels that cannot be posted on, such notices must be posted at the ports and wharfs where passengers are picked up and dropped off.

5. Serve passengers courteously and respectfully.

6. To report to the competent authority at least five days in advance when ceasing operations on a fixed route.

Article 4. Procedures for approving passenger transport along fixed routes for organizations and individuals with foreign investment in Vietnam and inland waterway passenger transport across borders

1. For organizations and individuals with foreign investment in Vietnam registering for inland waterway passenger transport along fixed routes without crossing borders.

a) Organizations and individuals submit the application through postal service or directly hand over the dossier to the Regional Inland Waterway Transport Management Agency.

The dossier includes: the registration form for inland waterway passenger transport along fixed routes as prescribed in Model No. 1 attached to this Circular; a written agreement or contract with the port management organization for the vessel to pick up and drop off passengers; a written agreement from the provincial Department of Transport where the wharf is located; certified copies (or copies accompanied by original documents for verification) of the Business Registration Certificate with the passenger transport business, the Inland Waterway Vessel Registration Certificate, and the Inland Waterway Vessel Safety and Environmental Protection Certificate still valid and suitable for the route.

b) Within no more than five working days from the date of receiving the dossier as stipulated in point a, Clause 1 of this Article, the Regional Inland Waterway Transport Management Agency will examine the dossier. If the dossier contains all required documents, it will issue a document approving the foreign-invested organization or individual to operate inland waterway passenger transport along fixed routes. If the conditions are not met, the dossier will be returned with a written response stating the reasons.

2. For organizations and individuals registering for inland waterway passenger transport across borders.

a) Organizations and individuals submit the application through postal service or directly hand over the dossier to the Regional Inland Waterway Transport Management Agency.

The dossier includes: the documents specified in point a, Clause 1 of this Article; approval document from the competent authority of the country where the organization or individual registers for transport across borders as the destination abroad.

b) Within no more than five working days from the date of receiving the dossier as stipulated in point a, Clause 1 of this Article, the Regional Inland Waterway Transport Management Agency will examine the dossier. If the dossier contains all required documents, it will prepare a document for the Vietnam Inland Waterway Transport Administration to approve the organization or individual to operate inland waterway passenger transport across borders. If the conditions are not met, the dossier will be returned with a written response stating the reasons.

c) Within no more than five working days from the date of receiving the submitted document from the Regional Inland Waterway Transport Management Agency, the Vietnam Inland Waterway Transport Administration will issue a document approving the organization or individual to operate inland waterway passenger transport across borders. If the approval is not granted, the dossier will be returned with a written response stating the reasons.

Article 5. Procedure for approving passenger transport on fixed routes (excluding cases of organizations with foreign investment in Vietnam and inland waterway passenger transport across borders)

Organizations and individuals shall submit the application through postal service or directly to the Department of Transport at the location where the organization has its main office or the individual has their permanent residence registration. The application includes:

1. A registration form for operating inland waterway passenger transport on fixed routes as prescribed in Model No. 1 issued together with this Circular.

2. Written agreement or contract with the port management organization for the vessel to pick up and drop off passengers.

3. Written agreement from the Department of Transport at the location where the passenger pick-up and drop-off points are located.

4. Certified copies (or copies accompanied by original documents for verification), including:

a) Business registration certificate with the business activity of inland waterway passenger transport.

b) Registration certificate for inland waterway vessels.

c) Safety and technical inspection certificate and environmental protection certificate for inland waterway vessels still valid and suitable for the level of route operation.

5. Within no more than five working days from the date of receiving complete applications as stipulated in Clauses 1, 2, 3, and 4 of this Article, the relevant Department of Transport shall examine the application. If the application contains all required documents, the Department shall issue a written approval for the organization or individual to operate inland waterway passenger transport on fixed routes. In case the conditions are not met, the application shall be returned along with a written response stating the reasons.

Article 6. Passenger transport under charter contracts

1. In addition to complying with the provisions of Article 78 of the Law on Inland Waterway Transport, a passenger transport business operator under charter contracts may only arrange vessels to operate on inland waterway routes that match the operational area recorded in the Safety and Technical Inspection Certificate and Environmental Protection Certificate for inland waterway vessels; and pick up and drop off passengers at inland waterway ports that have been announced or inland waterway wharfs that have been granted operating permits.

2. The vessel must have a passenger transport contract. The contract must include the following main points:

a) Route itinerary;

b) Names of ports and wharfs where the vessel picks up and drops off passengers;

c) Time and number of trips operated according to the contract.

Article 7. Cross-river passenger transport

In addition to complying with the provisions of Article 79 of the Law on Inland Waterway Transport, organizations and individuals engaged in cross-river passenger transport may only arrange vessels to operate at inland waterway wharfs that have been granted operating permits for cross-river passenger transport.

Chapter III

INLAND WATERWAY ROUTE TRIAL TRANSPORT

Article 8. Trial transport vessels on routes

1. In the case of new technical features of vessels first produced domestically or imported from abroad with a speed of 30 km/hour or higher, before being put into inland waterway passenger transport, they must organize a survey trip under the supervision of the relevant Department of Transport.

2. The trial transport period on the route is carried out as follows:

a) Six months for new technical features of vessels first produced domestically or imported from abroad for inland waterway passenger transport;

b) Three months for inland waterway passenger transport vessels that already have similar technical features in operation.

Article 9. Procedures for approving passenger transport vessels to conduct survey runs on inland waterway routes

1. The application dossier for approval to conduct survey runs includes:

a) An application form for approval to conduct survey runs on inland waterway routes in accordance with Model No. 2 issued together with this Circular;

b) A written agreement or contract with the port management organization or inland waterway wharf management organization agreeing to allow the vessel to pick up and drop off passengers;

c) A written opinion from the Department of Transport related to the transport route;

d) Certified copies (or copies accompanied by original documents for verification) of the Business Registration Certificate including the business activity of inland waterway passenger transport; the Inland Waterway Vessel Registration Certificate; the Technical Safety and Environmental Protection Certificate of the Inland Waterway Vessel still valid and suitable for the level of the route that the vessel intends to operate.

2. Organizations and individuals without foreign investment capital in Vietnam shall submit the dossier through postal service or directly to the Department of Transport where the organization's main office is located or where the individual has permanent residence registered. Within no more than five working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, the Department of Transport shall examine the dossier. If the dossier contains all required documents, the Department of Transport shall issue a written approval for organizations and individuals without foreign investment capital to conduct survey runs on inland waterway routes. In case the conditions are not met, the dossier will be returned and a written response will be provided, clearly stating the reasons.

3. Organizations and individuals with foreign investment capital in Vietnam shall submit the dossier through postal service or directly to the Regional Inland Waterway Transport Management Agency. Within no more than five working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, the Regional Inland Waterway Transport Management Agency shall examine the dossier. If the dossier contains all required documents, the Regional Inland Waterway Transport Management Agency shall issue a written approval for organizations and individuals with foreign investment capital to conduct survey runs on inland waterway routes. In case the conditions are not met, the dossier will be returned and a written response will be provided, clearly stating the reasons.

4. For organizations and individuals registering for passenger transport vessels to conduct survey runs on inland waterway routes across borders.

a) Organizations and individuals submit the application through postal service or directly hand over the dossier to the Regional Inland Waterway Transport Management Agency.

The dossier includes: the documents specified in Clause 1 of this Article; and the approval document from the competent authority of the country where the organization or individual chooses as the destination for cross-border transport.

b) Within no more than five working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, the Regional Inland Waterway Transport Management Agency shall examine the dossier. If the dossier contains all required documents, the Regional Inland Waterway Transport Management Agency shall prepare a document to submit to the Vietnam Inland Waterway Transport Administration for approval for organizations and individuals to conduct cross-border inland waterway passenger transport. In case the conditions are not met, the dossier will be returned and a written response will be provided, clearly stating the reasons.

c) Within no more than five working days from the date of receiving the submitted document from the Regional Inland Waterway Transport Management Agency, the Vietnam Inland Waterway Transport Administration will issue a document approving the organization or individual to operate inland waterway passenger transport across borders. If the approval is not granted, the dossier will be returned with a written response stating the reasons.

Article 10. Procedures for approving passenger transport vessels to conduct trial runs on inland waterway routes

1. After completing the survey run, organizations and individuals shall submit the dossier through postal service or directly to the agency that approved the survey run. The dossier includes:

a) An application form for approval to conduct trial runs on inland waterway routes in accordance with Model No. 03 issued together with this Circular;

b) The survey run report with the unified opinions of the agencies and units participating in supervising the survey run in accordance with Model No. 4 issued together with this Circular.

2. Within no more than five working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, after examining the dossier, if it contains all required documents:

a) The Department of Transport shall issue a written approval for organizations and individuals without foreign investment capital to conduct trial runs on inland waterway routes;

b) The Regional Inland Waterway Transport Management Agency shall issue a written approval for organizations and individuals with foreign investment capital to conduct trial runs on inland waterway routes.

In case the conditions are not met, the dossier will be returned and a written response will be provided, clearly stating the reasons.

3. For organizations and individuals registering for passenger transport vessels to conduct trial runs on inland waterway routes across borders.

a) Within no more than five working days from the date of receiving the dossier as stipulated in Clause 1 of this Article, the Regional Inland Waterway Transport Management Agency shall examine the dossier. If the dossier contains all required documents, the Regional Inland Waterway Transport Management Agency shall prepare a document to submit to the Vietnam Inland Waterway Transport Administration for approval for organizations and individuals to conduct cross-border inland waterway passenger transport. In case the conditions are not met, the dossier will be returned and a written response will be provided, clearly stating the reasons.

b) Within no more than five working days from the date of receiving the submitted document from the Regional Inland Waterway Transport Management Agency, the Vietnam Inland Waterway Transport Administration shall issue a written approval for organizations and individuals to conduct cross-border inland waterway passenger transport. In case the approval is not granted, the dossier will be returned and a written response will be provided, clearly stating the reasons.

4. At the end of the trial run period, if there are remaining issues that do not fully ensure safety for the vessel's operation on the route, the competent authority may extend the trial run period on the route and specify the remaining issues and necessary improvements. The extension period shall not exceed three months and the total trial run period on the route shall not exceed twelve months.

5. During or after the trial run period, if the infrastructure of the route or the vessel does not meet the safety conditions, the competent authority shall issue a document requiring cessation of operations and notify relevant agencies and units.

Article 11. Approval for passenger transport vessels to operate officially on inland waterway routes

1. Upon completion of the trial transport period, organizations and individuals applying for approval for passenger transport vessels to operate officially on inland waterway routes shall supplement their written report (with confirmation from the relevant Department of Transport) to the application file for approval to operate officially on inland waterway routes.

2. Organizations and individuals related to the approval for passenger transport vessels to operate officially on inland waterway routes shall comply with the provisions set forth in Articles 4 and 5 of this Circular.

3. In the official passenger transport approval document, the competent authority shall clearly record the organization or individual authorized to conduct official transport operations and notify the relevant Department of Transport along the route to continue monitoring and managing.

Chapter IV

PASSENGER TICKETS

Article 12. Passenger tickets, ticket sales, passenger lists, and ticket control

1. A passenger ticket is evidence of the conclusion of a passenger transport contract. Passenger tickets shall be printed and issued by the passenger transport business operator according to Model No. 5 attached to this Circular.

2. Tickets may not be sold at prices other than those announced by the passenger transport business operator at ticket sales locations. New or changed ticket prices must be publicly announced at ports and wharfs for three consecutive days and can only be implemented fifteen days after announcement. Changes to passenger ticket prices shall be carried out in accordance with regulations of the Ministry of Finance.

3. Organizations and individuals conducting fixed-route passenger transport may organize ticket sales themselves or entrust port or inland waterway wharf managers or others to sell tickets.

4. Publicly announce the ticket sale time and closing time for ticket sales at the ticket sales location and passenger waiting room. For fixed-route passenger transport, the closing time for ticket sales must be at least fifteen minutes before the vessel departs.

5. The number of tickets sold for each transport trip may not exceed the number of passengers specified by the inspection agency for the vessel.

6. For fixed-route passenger transport or charter trips, the transporter must prepare a passenger list in at least two copies; one copy is given to the Captain, and one copy is kept at the port or inland waterway wharf. The Captain is responsible for updating the passenger list when passengers disembark at inland waterway wharfs along the transport route. The passenger list must include cases where tickets are waived.

7. Control tickets when passengers disembark; do not allow more passengers to disembark than the specified limit; promptly resolve any ticket confusion incidents.

Article 13. Exemption and reduction of passenger ticket prices

1. Children under five years old are exempted from ticket fees but must sit with accompanying passengers.

2. Children aged five to ten years old are entitled to a fifty percent discount on ticket prices, but two children in this category must share one seat.

Article 14. Priority groups for ticket sales in the following order

1. Transporting patients upon request of health authorities.

2. War invalids and disabled veterans of Class I and II.

3. Individuals over sixty-five years old and persons with disabilities.

4. Persons accompanying infants under twenty-four months old.

5. Pregnant women.

Article 15. Handling Passenger Tickets

1. Passengers who travel beyond the port or inland waterway terminal specified on their ticket must purchase additional tickets for the extra distance traveled.

2. Passengers wishing to board at a closer port or wharf than that listed on their tickets will not receive refunds for unused portions of their tickets.

3. Passengers returning tickets at least one hour before the departure time of the vehicle will receive a refund of ninety percent of the ticket price.

4. Passengers with tickets but arrive late after the vessel has departed according to the published schedule without notifying the transport service provider or the ticket seller shall be handled as follows:

a) If passengers wish to travel on the next available trip, the transport service provider shall arrange for them to travel on the subsequent trip and may charge an additional 50% of the ticket price.

b) If passengers do not wish to continue traveling, they will not be refunded the ticket price.

5. Passengers with tickets who notify the transport service provider or the ticket seller (by telephone, telegram, fax, or email) at least two hours before the scheduled departure time of the vessel shall be handled as follows:

a) If passengers wish to travel on the next available trip, the transport service provider shall arrange for them to travel on the subsequent trip and may charge an additional 20% of the ticket price.

b) If passengers do not wish to continue traveling, if they return the ticket, they will be refunded 80% of the ticket price.

Chapter V

TRANSPORTATION AND STORAGE OF CHECKED BAGGAGE AND CARGO

Article 16. Luggage

1. Each passenger is exempt from transportation fees for up to 20 kilograms of luggage; for passengers as stipulated in Clause 2 of Article 15 of this Circular, they are exempt from transportation fees for up to 10 kilograms of luggage.

2. Conditions for checked luggage, parcels:

a) Dimensions not exceeding 1.2 meters x 0.7 meters x 0.7 meters; weight not exceeding 20 kilograms for carry-on luggage and 50 kilograms for each piece of checked luggage.

b) Transportation fees must be paid.

c) In addition to the conditions specified in points a and b above, checked luggage must also meet the following conditions: luggage can only be checked to the destination port specified on the passenger's ticket; checked luggage must travel on the same means of transport as the passenger, including cases where it must be transferred to another means of transport during the journey.

3. The following items may not be carried in the passenger cabin:

a) Human remains;

b) Livestock weighing 40 kilograms or more per animal;

c) Goods emitting odors.

d) Oversized items obstructing passage on the means of transport.

Article 17. Acceptance and Storage of Checked Luggage, Parcels

1. Passengers with checked luggage exceeding the free allowance must pay the transportation fee and hand over the luggage to the transport service provider before the means of transport departs.

2. The person sending a parcel must complete a goods declaration form, clearly stating: type of goods, quantity, weight, value; name and address of the sender and recipient. The goods declaration form must be completed in at least two copies, one for the recipient and one for the transport service provider; additional copies may be prepared if necessary.

3. The sender of goods is responsible for the legality of the goods packed in the checked luggage or parcel and must provide copies of relevant legal documents to the transport service provider.

4. The transport service provider is responsible for inspecting the packaging, quantity, marking the goods, and confirming the goods declaration form; based on the capacity of the means of transport and storage facilities, they decide whether to accept the checked luggage or parcel on the transport route.

Article 18. Delivery of Checked Luggage, Parcels

1. When collecting checked baggage, passengers must present their tickets and payment receipts.

2. When receiving a parcel, the recipient must present the freight receipt; the goods declaration form and personal identification documents. If someone else receives the parcel, they must have a power of attorney as prescribed by law. If the recipient arrives late beyond the agreed time, they must pay storage fees.

3. Upon receiving checked luggage or parcels, the recipient must check them at the delivery point; once received, the transport service provider will not be liable for any loss or damage to the luggage or parcels.

Chapter VI

DISPUTE RESOLUTION AND COMPENSATION

Article 19. In case of fault of the carrier

1. In case the means of transport does not depart at the prescribed time, causing passengers to wait overnight, the transport business operator must arrange food and accommodation for the passengers and bear the costs; if the passengers do not continue their journey and return the ticket, the transport business operator must refund the ticket price and fare to the passengers.

2. In case the means of transport breaks down during the journey and cannot continue, the Captain must take all measures to bring passengers to the nearest safe wharf, notify the transport business operator and implement the following regulations:

a) If passengers have to wait overnight, the transportation business organization must arrange accommodation and meals and cover all costs.

b) If passengers do not wish to wait and continue their journey, the transportation business organization must refund the corresponding portion of the ticket and transportation charges.

c) If the transportation business organization arranges an alternative means of transport but must return to the departure terminal, the transportation business organization must refund the full ticket and transportation charges.

Article 20. Force majeure cases

1. When the means of transport has not departed, the transport business operator must immediately inform passengers about the temporary suspension of the trip; in case the trip is cancelled, the transport business operator must refund the entire ticket price and fare to the passengers.

2. When the means of transport is on its journey:

a) In case the means of transport must travel on a longer route, the transport business operator shall not collect additional ticket fares or freight charges from passengers;

b) In case it is necessary to transfer passengers, luggage, and parcels, the transport business operator shall carry out the transfer and bear the costs;

c) In case it is impossible to continue the journey, the means of transport must return to the nearest wharf or departure wharf, passengers do not have to pay additional ticket and fare for the return journey; the transport business operator must refund the ticket price and fare corresponding to the untraveled distance to the passengers.

Article 21. Passengers falling into water, dying, or becoming ill on the means of transport during the journey

1. In case a passenger falls into the water, the Captain must mobilize forces to quickly rescue the passenger. If all efforts fail, the Captain must prepare a record with confirmation from the victim's relatives (if present), passenger representative, and report to the local authority where the accident occurred; if there are no accompanying relatives, the Captain must inform the family or unit of the victim to cooperate in resolving the issue.

2. In case a passenger dies, the Captain must prepare a record with confirmation from the victim's relatives (if present), passenger representative, and organize to bring the deceased and their luggage to the nearest wharf, assign someone to watch over them; report to the local authority, family, or unit of the victim to cooperate in resolving the issue; the deceased's luggage must be inventoried and stored in a secure place.

3. In case a passenger becomes seriously ill, the Captain must organize first aid; if the passenger's life is threatened, the Captain must organize to bring the passenger to the nearest port or wharf and send them to a treatment facility, except when the passenger has accompanying relatives.

Article 22. Checked baggage during transportation

1. In case checked baggage shows signs of spontaneous combustion, leakage, or breakage, the carrier must notify and work with the passenger whose baggage it is to immediately take measures to prevent harm to people, goods, and the means of transport. Any losses incurred while implementing preventive measures must be recorded with confirmation from the passenger whose baggage it is and passenger representative. The party at fault bears responsibility for any resulting costs. If neither party is at fault, each party bears responsibility for its own costs and losses.

2. In case of force majeure, if safety cannot be guaranteed, the transport business operator may remove part or all of the baggage from the means of transport; the passenger must self-manage their baggage; each party bears responsibility for its own costs and losses.

3. In case the means of transport is requisitioned by an authorized agency, the Captain must inform the transport business operator and passengers. Crew members and the requisitioning agency must organize to bring passengers and baggage ashore. The requisitioning agency must organize to continue transporting passengers, baggage, and consignments.

4. In case the navigation channel for the transport vessel is blocked, the transport business operator must inform passengers and implement the following measures:

a) If it is determined that waiting will be prolonged, affecting the trip and passengers' health, the carrier must move the means of transport to the nearest wharf, organize to bring passengers and baggage ashore; assist passengers to continue their journey by another means of transport. The transport business operator can only collect the ticket price and fare for the actual distance traveled by the means of transport;

b) In case it is necessary to return to the departure port or wharf, the transport business operator can only charge the ticket fare and freight charges for the distance already traveled (excluding the return trip);

c) In case it is necessary to transfer passengers and luggage around the blockage, the transport business operator shall carry out the transfer and bear the costs;

d) In case the means of transport waits until the channel is clear, the transport business operator must inform passengers; if passengers request to disembark, crew members must facilitate their transfer to shore.

Article 23. Regarding Baggage

In cases where incidents arise concerning baggage during transportation, they shall be handled in accordance with the regulations on inland waterway cargo transport.

Article 24. Compensation for Lost or Damaged Checked Luggage and Baggage

1. In case checked luggage or parcels are damaged, missing, or lost due to the fault of the transport business operator, compensation shall be provided according to the following provisions:

a) According to the declared value for checked luggage and baggage with declared value; if the carrier proves that the actual loss is lower than the declared value, then according to the actual loss value;

b) According to the amount agreed upon by both parties;

c) According to the purchase invoice value;

d) According to the market price of the goods at the time and place of payment; in case there is no market price for such goods, according to the average price of similar quality goods in the area where the goods are delivered;

đ) In cases where it cannot be resolved according to the provisions of points a, b, c, and d of Clause 1 of this Article, compensation shall be made as follows: for checked luggage, the compensation amount shall not exceed twenty thousand (20,000) Vietnamese dong per kilogram of lost luggage; for baggage, the compensation amount shall not exceed twenty thousand (20,000) Vietnamese dong per kilogram of lost baggage; seven million (7,000,000) Vietnamese dong for each lost package or consignment.

2. If checked luggage or baggage is partially damaged, missing, or lost, compensation shall be provided for the damaged, missing, or lost portion; if the partial damage, shortage, or loss leads to total non-functionality or unusability, full compensation shall be provided; the carrier has the right to own the damaged goods that have been compensated.

3. In addition to compensating losses according to the provisions of Clause 1 of this Article, the carrier must also refund the passenger or consignor the full fare or surcharge for the lost checked luggage or baggage.

Article 25. Settlement of Disputes

1. During the inland waterway passenger transport process, if incidents occur affecting the interests of all parties, a site record must be established; the content of the record must clearly specify the time, location, consequences, objective and subjective causes, resolution results confirmed by the passenger representative. The completed record must be sent to all related parties.

2. In case of disagreement, the parties have the right to request economic arbitration or file a lawsuit with the Economic Court for trial in accordance with the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 26. Authority to Approve Passenger Transport on Fixed Routes

1. Vietnam Directorate of Inland Waterways: approves passenger transport on fixed routes and approves passenger transport vehicles to conduct survey and test runs on inland waterway routes for organizations and individuals with foreign investment engaged in inland waterway passenger transport across borders.

2. Regional Inland Waterway Management Agencies: approve passenger transport on fixed routes and approve passenger transport vehicles to conduct survey and test runs on inland waterway routes for organizations and individuals with foreign investment engaged in inland waterway passenger transport on fixed routes without crossing borders.

3. Department of Transportation: approves passenger transport on fixed routes and approves passenger transport vehicles to conduct survey and test runs on inland waterway routes for organizations and individuals without foreign investment.

Article 27. Effective Date

1. This Circular takes effect forty-five days from the date of signature. Decree No. 34/2004/QĐ-BGTVT dated December 21, 2004 issued by the Minister of Transport on Regulations on Inland Waterway Passenger Transport is hereby repealed.

2. Five Forms are promulgated together with this Circular:

a) Form No. 1: Application for Registration of Inland Waterway Passenger Transport Activities on Fixed Routes;

b) Form No. 2: Request for Approval to Conduct Survey Runs on Inland Waterway Routes;

c) Form No. 3: Survey Run Report;

d) Form No. 4: Request for Approval to Conduct Test Runs on Inland Waterway Routes;

đ) Form No. 5: Inland Waterway Passenger Ticket.

Article 28. Implementation Organization

The Head of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Directorate of Inland Waterways, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.