Circular No. 22/2018/TT-BGTVT on the transport of goods by national railway and dedicated railways connected to the national railway network

CIRCULAR

Regulations on cargo transportation on national railway lines

and dedicated railways connected to national railway lines

_____________________________

 

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

Decree No. 12/2017/NĐ-CP dated February 10, 2017 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

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 on transportation Installation on national railway lines and dedicated railways connected to national railway lines.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on cargo transportation on national railway lines and dedicated railways connected to national railway lines.

Article 2. Applicability

This Circular applies to organizations and individuals related to cargo transportation on national railway lines and dedicated railways connected to national railway lines.

Article 3. Explanation of Terms

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

1. Goods is property leased by organizations or individuals from transport enterprises for rail transportation.

2. Cargo transported under less-than-carload service is cargo that does not require exclusive use of an entire railcar for transportation.

3. Cargo transported under full-carload service is cargo loaded onto one railcar, with the same consignor, consignee, origin station, and destination station.

4. Self-propelled wheeled goods are railway vehicles certified by inspection organizations to meet technical safety standards for coupling into freight trains without being loaded onto railcars provided by transport enterprises during transportation.

5. Lot is a collection of various types of cargo with a single waybill issued by the consignor, having the same origin station, destination station, consignee, shipment period, and delivery period. A less-than-carload or full-carload shipment may include different types of cargo, except those prohibited from being mixed in the same railcar according to Article 20 of this Circular.

6. Technical load capacity of the railcar is the maximum weight of cargo allowed to be carried on the railcar according to design specifications.

7. Permitted technical load capacity of the railcar is the maximum amount of cargo permitted to be loaded onto the railcar in compliance with the load limit command on the route.

8. In case of force majeure is a situation caused by natural disasters, enemy attacks, epidemics, or social order and security reasons, resulting in transportation blockages not due to the fault of the transport enterprise, consignor, or consignee, despite the transport enterprise, consignor, and consignee having taken all necessary and possible measures.

Chapter II

ORGANIZATION OF CARGO TRANSPORTATION

Article 4. Units of time in cargo transportation activities

In cargo transportation activities, the unit for measuring time is hour (60 minutes) or day (24 hours), and any remaining time is rounded off as follows:

Clause 1. When using hours as the unit of measurement: Any remaining time exceeding 30 minutes is counted as one hour, while less than 30 minutes is not counted.

Clause 2. When using days as the unit of measurement: Any remaining time exceeding 12 hours is counted as one day, while less than 12 hours is not counted.

Article 5. Transaction locations, pricing of transportation, and other charges

Clause 1. Rail transport enterprises (hereinafter referred to as enterprises) have the responsibility to publicly announce their transaction locations for consignors to conduct transportation transactions.

Clause 2. Transaction locations must display the basic contents of this Circular and other relevant regulations concerning rail cargo transportation.

Clause 3. Enterprises have the responsibility to publicly announce information about transportation prices in accordance with Clause 2 of Article 56 of the Railway Law.

Article 6. Forms of Transportation

1. Railway cargo transportation is carried out in the form of full cars (hereinafter referred to as full car goods) or in the form of loose goods (hereinafter referred to as loose goods).

2. Other forms of cargo transportation shall be regulated by enterprises.

Article 7. Goods that must be transported in full car form

The following types of goods must be transported in full car form:

1. Machinery, equipment, tools that cannot be loaded into covered wagons.

2. Bulk goods stacked, goods that cannot be packed, goods difficult to determine quantity.

3. Live animals.

4. Hazardous goods, except where otherwise provided by law.

5. Corpses.

6. Goods that require special transportation conditions according to the lessee's requirements or need special care and protection.

Article 8. Cargo Wagons

Cargo wagons must meet technical conditions and requirements stipulated in the National Technical Regulations on Railways and other relevant laws.

Chapter III

IMPLEMENTATION OF CARGO TRANSPORTATION

Section 1

ORDINARY CARGO TRANSPORTATION

Article 9. Identification of Goods

1. The lessee is responsible for declaring the correct name of the goods according to the enterprise's requirements. In case of hazardous goods, the correct name must be recorded in the List of Hazardous Goods Transported by Rail. The lessee shall bear responsibility for consequences caused by incorrect declaration of goods.

2. If necessary, the lessee may declare the goods by code to ensure confidentiality of transported goods but must inform the enterprise's head.

3. For goods serving security and defense purposes whose names are not declared as prescribed in Clause 1 and Clause 2 of this Article, the lessee must notify and agree on traffic safety measures with the responsible person of the enterprise.

Article 10. Requirements for Goods Accepted for Transportation

1. The enterprise accepts all types of goods for transportation, except for the following types of goods:

a) Goods prohibited from circulation in railway operations according to the law;

b) Goods unsuitable for railway transportation technical conditions;

c) Goods failing to meet the provisions of Articles 62, 63, 64, and 65 of the Railway Law.

2. When goods require high quality and technical standards, they must be agreed upon between the enterprise and the lessee.

Article 11. Priority Order in Cargo Transportation

The enterprise implements cargo transportation in the following priority order:

1. Goods for special missions and social welfare as required by competent state agencies.

2. Goods not falling under the provisions of Clause 1 of this Article shall be transported in the order received.

3. Goods received at the same time shall be transported in the following order:

a) Hazardous goods; corpses, remains;

b) Live animals, perishable goods, goods rapidly losing weight;

c) Other types of goods not included above, as determined by the enterprise.

Article 12. Refusal or Suspension of Transportation

1. The enterprise has the right to refuse or suspend transportation in the following cases:

a) Goods do not meet the requirements for acceptance for transportation as stipulated in Article 10 of this Circular;

b) The lessee does not comply with the contents of the transportation contract, violates relevant provisions of this Circular;

c) Blockage due to force majeure.

2. The lessee has the right to refuse leasing or request suspension of transportation in the following cases:

a) The enterprise does not comply with the contents of the transportation contract, violates relevant provisions of this Circular;

b) Due to force majeure.

Article 13. Supply of rail cars, transportation tools accompanying rail cars, and reinforcement materials

1. The enterprise shall be responsible for supplying rail cars on time, in the correct quantity, and of the correct type at the loading location according to the transport contract or agreement with the transport lessee.

2. The supplied rail cars must meet the technical conditions and requirements as stipulated in Article 8 of this Circular.

3. The transport lessee and the enterprise shall agree on the provision of necessary tools and materials for reinforcing and protecting goods to ensure stability, firmness, and safety during transportation.

4. The enterprise shall provide the following reinforcement tools and materials:

a) Posts and chains fixed on flatbed rail cars when goods that should be loaded onto rail cars with sides but are replaced by flatbed rail cars are required.

b) Tarpaulins covering goods on open-top rail cars when goods that should be loaded into covered rail cars but are replaced by open-top rail cars are required.

5. The enterprise shall be responsible for inspecting the reinforcement tools and materials provided by the transport lessee and has the right not to allow their use if they do not comply with the regulations ensuring safe transportation.

6. The enterprise shall be responsible for inspecting the technical safety standards, requirements for replacement, and repairs to ensure safe transportation for rail cars provided by the transport lessee.

Article 14. Notification of Rail Car Entry into Loading and Unloading Locations

1. At least two hours before the supply of rail cars, the enterprise must notify the transport lessee of the number and identification of rail cars entering the loading and unloading route or delivery point.

2. When the contract for branch line or dedicated line operation specifies daily car supply times, the enterprise does not need to provide notification.

3. If the entry of rail cars into loading and unloading points is delayed, the transport lessee must be notified at least two hours before the scheduled rail car supply time. If there is no notification or it is late, the enterprise must pay the transport lessee for any additional costs incurred due to the late notification up to the time of notification.

Article 15. Deadline for Delivering Goods to Freight Stations

The deadline for delivering goods to freight stations shall be carried out according to the agreement between the enterprise and the transport lessee. In cases where the enterprise and the transport lessee have not agreed beforehand, the transport lessee must consolidate all goods at the designated loading location at least two hours before the rail car supply time and no earlier than twelve hours.

Article 16. Storage of Goods in Warehouses and Yards

The storage of goods in warehouses and yards shall be based on the agreement between the transport lessee and the enterprise according to the needs and capacity of both parties, ensuring principles of equality and mutual support during transportation.

Article 17. Technical Rules for Loading Goods onto Rail Cars

1. The weight and volume of each type of goods corresponding to each type of rail car on each route shall be specified by the enterprise to ensure safety during transportation.

2. Goods loaded onto rail cars must comply with the following provisions:

a) In cases where the load is less than the permitted technical carrying capacity or volume for each type of goods and rail car on each route, the transport lessee must pay the transportation fee according to the permitted technical carrying capacity of the rail car used.

b) In cases where goods are loaded into rail cars that do not meet the technical standards regarding weight, volume, or stacking methods, they must be reloaded, and the party organizing the loading shall bear the costs of reloading, unloading, or other additional costs resulting from delays.

c) Overloading beyond the permitted technical carrying capacity of the rail car is prohibited. If overloading occurs, the party organizing the loading must unload the excess goods and bear all costs related to unloading, reloading, and detention fees for the rail car.

d) For rail cars with specified minimum weight and volume limits, they must be loaded to the required level to ensure safe transportation.

3. When loading goods onto open-top rail cars, in addition to the provisions in Clause 2 of this Article, the goods must not exceed the permitted width limit for the transportation route and must comply with the enterprise's regulations on stacking and reinforcing goods.

Article 18. Responsibility for Loading and Unloading Goods

The loading and unloading of goods shall be agreed upon between the enterprise and the freight customer. In cases where the freight customer loads the goods, the enterprise shall have the responsibility to guide and supervise the freight customer during the process of loading goods onto the railcar. If non-compliance with regulations is discovered, the freight customer must rectify the situation before the enterprise accepts transportation.

Article 19. Time for Loading and Unloading

1. The time for loading one railcar shall be calculated from when the railcar has been brought to the loading location and the enterprise has notified the freight customer until the completion of loading the goods.

2. The time for unloading one railcar shall be calculated from when the railcar has been brought to the unloading location and the enterprise has notified the consignee until the consignee completes unloading the goods and returns the empty railcar to the enterprise (including cleaning and closing times).

3. The maximum time for loading and unloading a group of railcars with the same maximum loading and unloading time per railcar, unless otherwise agreed in the transport contract.

4. The maximum time for loading and unloading one railcar or a group of railcars shall be determined by the enterprise.

Article 20. Goods Not to Be Loaded Together in the Same Railcar

Goods shall not be loaded together in the same railcar under the following circumstances:

1. Perishable goods with non-perishable goods.

2. Foodstuffs with odorous goods.

3. Liquids with moisture-sensitive goods.

4. Goods transported under special conditions with goods transported under normal conditions.

5. Types of goods that may cause chemical reactions leading to fire or explosion.

Article 21. Packaging of Goods

1. Depending on the nature of the goods, the freight customer must package the goods according to standards to ensure that the goods are not lost, reduced in volume, damaged, decreased in quality, or affect other goods during loading, unloading, and transportation.

2. Packages containing goods in boxes, crates, or containers must be labeled with the trademark, characteristics, weight, full name of the goods, ensuring accuracy and clarity.

3. Corpses and bones must be handled in accordance with Article 64 of the Railway Law.

4. The enterprise has the right to inspect the packaging of goods and request the freight customer to supplement the packaging in compliance with regulations before accepting transportation.

Article 22. Cargo Tags

1. At both ends of individual packages, the freight customer must attach cargo tags clearly indicating: Sending station, receiving station, name, address, contact phone number of the freight customer and consignee, name of the goods, weight, package number, number of packages, and other necessary information.

2. In cases where cargo tags cannot be attached to individual packages, the freight customer must record the information required by Clause 1 of this Article at the most visible position on the package.

3. The enterprise is responsible for providing cargo tags and guiding the freight customer in their use.

Article 23. Determination of Weight of Goods

1. For individual goods: The enterprise determines the weight for transportation charges; if the goods are bulky, volume shall be measured and converted (1 cubic meter equals 300 kilograms) and recorded on the consignment note.

2. For full railcar loads: The freight customer is responsible for determining the weight of the goods and recording it on the consignment note; the enterprise has the right to verify the weight and quantity of goods recorded by the sender on the consignment note.

Article 24. Declaration of Goods Value and Cargo Insurance

1. When there is a request for declaration of goods value, the cargo owner must pay the transportation enterprise a declared value fee as agreed upon in the transportation contract.

2. The purchase of cargo insurance during rail transport shall be carried out according to the agreement in the transportation contract and in compliance with the provisions of the law.

Article 25. Inspection of Goods Name and Condition

1. Upon receiving the goods, the enterprise must inspect the name and weight of the goods recorded on the consignment declaration form, on the packaging, and securing of the consignment by the cargo owner. The enterprise has the right to request the cargo owner to open the packaging for inspection if there is suspicion about the authenticity of the information in the consignment declaration form, except in cases stipulated in Clause 2 of this Article.

2. For goods that have been packed onto wagons and sealed with lead seals by the cargo owner, the enterprise only relies on the information in the consignment declaration form without having to inspect the name, weight, packing method, and condition of the goods. After accepting carriage, if competent authorities require verification of the authenticity of the information in the consignment declaration form, the enterprise has the right to open the lead seals and packaging to cooperate in the inspection, while immediately informing the cargo owner. If discrepancies are found regarding the type, weight, packing method, and condition of the goods compared to the information in the consignment declaration form, all resulting costs shall be borne by the cargo owner.

3. If the enterprise discovers that the goods differ from the information recorded in the consignment declaration form, the enterprise may require the cargo owner to recount the goods and declare the correct name of the goods in accordance with regulations before accepting carriage. In case the cargo owner does not redeclare the goods correctly, the enterprise has the right to refuse carriage.

Article 26. Delivery and Receipt of Goods

1. Depending on the nature of the goods, the enterprise and the cargo owner may agree and choose one of the following delivery methods:

a) Delivery by counting the number of units of goods;

b) Delivery by volume: Using measuring tools to determine the volume of goods on the wagon;

c) Delivery by weight: Using scales to determine the weight of goods on the wagon;

d) Delivery by wagon: By intact sealing marks on the wagon;

đ) Delivery based on the characteristics of the goods as agreed upon in the transportation contract;

e) Other forms agreed upon between the cargo owner and the enterprise.

2. Goods are considered to have been accepted for carriage when the cargo owner delivers the goods to the enterprise and receives the delivery receipt signed by both parties. From this point onwards (for goods without escorts), the responsibility for safeguarding and ensuring the safety of the goods lies entirely with the enterprise, except in cases stipulated in Clause 2 of Article 25 of this Circular.

Article 27. Sealing of Wagons and Goods

1. Covered wagons, refrigerated wagons, open wagons with tarpaulins, and tank wagons carrying goods must be properly sealed in accordance with regulations.

2. For full wagon shipments, depending on the delivery method agreed upon in the transportation contract, the sealing of wagons shall be carried out as follows:

a) In cases where delivery is by weight or quantity, the enterprise shall seal the wagons;

b) In cases where delivery is by intact wagon with seals, the cargo owner shall seal the wagons;

c) As agreed between the enterprise and the cargo owner.

3. The cargo owner is responsible for sealing goods with declared values, containers, and self-propelled machinery. For automobiles, tractors, and machinery with many detachable parts that are not securely packaged, each component must be sealed individually.

4. The enterprise is responsible for sealing wagons carrying loose goods, transshipment wagons, and transfer wagons during transportation.

5. The marking of the seal belongs to the party responsible for it, but it must be clear, complete, and identifiable during transportation.

6. Management and use of wagon seals are regulated by the enterprise.

Article 28. Storage of Goods

1. The enterprise shall be responsible for storing goods from the time of receiving the goods until delivering them to the recipient, except for types of goods that have escorts during transportation as specified in Article 30 of this Circular.

2. Before receiving goods at the departure station, if the freight customer requests, the enterprise may store the goods from the time they arrive at the station and charge storage fees. At the destination station, for goods that the enterprise must store, if the recipient has not collected the goods beyond the period specified in Article 35 of this Circular, the enterprise shall continue to store the goods and collect storage fees and other costs incurred.

Article 29. Freight Invoice

1. The freight invoice shall be implemented according to the provisions of Clause 2 and Clause 3 of Article 55 of the Railway Law.

2. Prior to issuing the freight invoice, the freight customer must declare all contents of the consignment in accordance with the form provided by the enterprise. It must include all contents prescribed in Clause 3 of Article 55 of the Railway Law.

3. The freight customer and the enterprise shall be responsible for the contents recorded in the consignment declaration and the freight invoice in accordance with the law.

Article 30. Escorting Goods

In addition to types of goods that the freight customer must appoint escorts and organize escorting in accordance with relevant laws, escorting other types of goods shall be agreed upon between the freight customer and the enterprise.

Article 31. Transportation Period

1. The transportation period shall be calculated from the time the enterprise receives the goods and completes procedures at the departure station until the enterprise informs the recipient of the arrival of the goods, including the following periods:

a) Time at the departure station;

b) Travel time on the route;

c) Time at the destination station.

2. The transportation period shall be agreed upon in the transportation contract. If there is no agreement in the contract, the transportation period shall be determined according to the provisions of Clauses 3, 4, and 5 of this Article.

3. Travel time on the route shall be calculated from 0 (zero) hours after the enterprise receives the goods and is defined as follows:

a) Full carload goods: Every 300 km or less than 300 km counts as one day;

b) Less-than-carload goods: Every 250 km or less than 250 km counts as one day.

4. Time at the departure station shall be counted as one day; delivery time at the destination station shall be counted as one day.

5. The travel time on the route specified in Clause 3 of this Article shall be added with actual time when the train must stop or the car must halt due to the following circumstances:

a) Road blockage due to force majeure;

b) Quarantine or care for animals and plants;

c) Supplementing conditions to store fresh or easily perishable goods;

d) Repairing, supplementing, reinforcing goods that have shifted or packaging damaged without fault of the enterprise;

e) Goods retained by competent state authorities for handling as prescribed.

6. Goods shall be considered transported within the transportation period if they arrive at the destination station on the last day of the transportation period and the enterprise has informed the recipient of their arrival.

7. If the transportation period is exceeded, the enterprise shall pay additional costs arising from the delay according to the agreement in the transportation contract.

8. The enterprise has the right to shorten the transportation period specified in Clause 3 of this Article or the transportation period agreed upon in the transportation contract and must notify the freight customer to collect the goods. If the freight customer does not come to collect the goods, the transport enterprise shall be responsible for storing the goods according to the agreed terms.

Article 32. Cleaning and Sealing of Passenger Cars

The cleaning and sealing of passenger cars shall be agreed upon between the enterprise and the cargo transportation lessee. When cleaning passenger cars, it must ensure compliance with laws on environmental protection.

Article 33. Documents Accompanying the Invoice for Shipment of Goods

1. The cargo transportation lessee is responsible for delivering to the enterprise at the goods dispatch station all necessary documents related to the goods as prescribed by law; fully filling out the declaration form for shipment, and must bear full responsibility for any consequences arising from the absence, insufficiency, or non-compliance of the documents.

2. The enterprise is responsible for preserving all documents accompanying the invoice for shipment of goods, attaching them to the freight car, and handing them over to the consignee. If the enterprise loses, damages, or fails to properly keep the documents accompanying the invoice for shipment of goods, it must prepare a record confirming the incident to attach to the freight car.

3. Any loss, damage, shortage of documents, or inaccurate contents of the documents causing losses or delays during transportation due to the fault of either party must compensate the other party and bear legal responsibility.

Article 34. Notification of Arrival of Goods

1. Immediately after the goods arrive at the destination station, the enterprise must notify the consignee according to the name and address recorded on the invoice for shipment of goods.

2. The method of notification can be direct or indirect as agreed upon in the contract.

3. The content of the notification of arrival of goods must include the name, address of the consignee, date, and time of notification.

Article 35. Period for Receiving Goods

1. The period for receiving goods is calculated from the time the consignee receives the notification of arrival of goods from the enterprise until the time the consignee removes all the goods from the station.

2. The enterprise must specify the period for receiving goods for each type of goods received for transport and must publicize this information at transaction points and stations handling goods operations.

3. The consignee has no right to refuse to receive the goods when the enterprise has notified the arrival of the goods, except in cases where the quantity of goods has decreased, they have been damaged, or their quality has deteriorated due to the enterprise's fault.

4. Beyond the period for receiving goods, the consignee must pay any additional costs incurred due to the detention of freight cars, storage, preservation, and movement of goods if such costs arise.

5. In cases where the quantity of goods has decreased, they have been damaged, or their quality has deteriorated due to exceeding the period for receiving goods, the consignee must bear full responsibility.

6. For dangerous goods that are flammable, explosive, toxic, radioactive, corpses, or bones, if the consignee does not receive or remove all the goods from the station within the period for receiving goods, the enterprise must report to the competent authority for resolution.

Article 36. Delivery of Goods to the Consignee

1. The enterprise is responsible for delivering goods to the consignee according to the agreed-upon method.

2. Goods transported by the enterprise in any form shall be delivered back to the consignee in the same form, except for any other provisions agreed upon in the cargo transportation contract.

3. In cases where goods are handed over based on weight or volume, the goods will be considered fully delivered and received if the difference in weight or volume between the dispatch station and the arrival station does not exceed the agreed-upon tolerance.

4. When delivering goods, if the consignee discovers any loss, reduction in quantity, damage, or deterioration of the goods, or if these issues were discovered and documented by the enterprise during transportation, both the enterprise and the consignee must determine the actual loss of the goods, prepare a record of the transaction as the basis for resolution. If both parties cannot agree on the actual loss of the goods, they may invite an appraisal organization to appraise the goods. All costs arising from the appraisal shall be borne by the party at fault.

5. Goods are considered fully delivered to the consignee when the consignee signs for confirmation at the arrival station and receives the invoice for shipment of goods.

Article 37. Transport of Goods in Containers

1. Enterprises shall only accept the transport of containers that comply with the technical standards of the railcars; goods containers transported on railcars must ensure road load capacity, railway gauge limits, and have valid safety certificates.

2. The freight customer is responsible for the type of goods, loading methods, and weight of goods loaded into the container to ensure safety during railway transportation.

3. Technical measures and organization of container transport shall be stipulated by the enterprise.

Section 2

SPECIAL CASES OF GOODS TRANSPORTATION

Article 38. Transport of Oversized and Overweight Goods

1. Oversized goods include one of the following cases:

a) Goods when loaded onto railcars on level ground exceed the height from the rail surface or the width beyond the locomotive and railcar gauge limits specified in the National Technical Regulations on Railway Operation;

b) Goods when loaded onto railcars on straight tracks exceed the length of the railcar floor.

2. Overweight goods include one of the following cases:

a) Goods exceeding the permitted technical load capacity of the railcar;

b) Goods with a contact length on the railcar floor less than two meters and weighing more than sixteen tons.

3. The transport of oversized and overweight goods must comply with the provisions of Clause 1, Article 65 of the Railways Law and other relevant legal documents.

4. When transporting oversized and overweight goods by railway, the enterprise must obtain approval from the infrastructure business enterprise.

Article 39. Transport of Goods for Special Tasks and Social Welfare

The transport of goods for special tasks and social welfare must comply with the provisions of Article 58 of the Railways Law and other relevant legal documents.

Article 40. International Combined Transport of Goods

The international combined transport of goods must comply with the provisions of Article 57 of the Railways Law and other relevant legal documents.

Article 41. Transport of Goods from Dedicated Railways Connected to the National Railway Network

The transport of goods from dedicated railways connected to the national railway network into the national railway network and vice versa shall be carried out in accordance with the Railways Law and related legal regulations.

Article 42. Freight Rates for Goods Transportation

Railway freight rates shall be implemented in accordance with the provisions of Article 56 of the Railways Law and the law on prices.

Chapter IV

RESOLUTION OF INCIDENTS DURING TRANSPORTATION

Article 43. Unloading of Goods in Absence of Recipient

If the enterprise has notified the arrival of goods and the recipient has not arrived within the period specified in Article 35 of this Circular to collect the goods, the enterprise may unload the goods in the absence of the recipient for those items that the enterprise can unload and store. When collecting the goods, the recipient must pay the enterprise for unloading costs, storage costs, and other incidental expenses as stipulated by the enterprise.

Article 44. Handling of Unclaimed or Refused Goods

1. After sixty days from the date the enterprise notifies the freight customer that the goods have been delivered but there is no recipient or the recipient refuses to accept the goods, such goods will be considered as unclaimed goods.

2. The enterprise shall agree with the freight customer before accepting the transport regarding the handling of unclaimed goods as provided in Clause 1 of this Article; for perishable goods, the handling may be carried out prior to the time limit specified in Clause 1 of this Article.

Article 45. Goods Presumed Lost

1. Goods shall be presumed lost if the enterprise has not reported the arrival of goods beyond the transportation period with the following deadlines:

a) For general goods, it is 15 days;

b) For perishable goods, it is 04 days.

2. Compensation for losses due to the loss of goods shall be carried out in accordance with the provisions of Article 54 of this Circular.

Article 46. Seizure and Disposal of Goods

During transportation, if goods are inspected, seized, or disposed of by state authorities with jurisdiction, the enterprise must prepare a receipt and immediately inform the consignee and the party hiring transportation services.

Article 47. Transportation Blockage

1. When there is a transportation blockage that prevents further transportation of goods, the enterprise must immediately inform the party hiring transportation services and the consignee to agree on a solution. The party hiring transportation services may choose and agree with the enterprise to implement one of the following forms of resolution:

a) Return the goods to the sending station;

b) Return the goods to an intermediate station along the same route for unloading;

c) Transfer the goods to another mode of transport to continue the journey;

d) Wait until the road is clear to continue the journey.

2. If the transportation blockage is due to the fault of the enterprise, the party hiring transportation services has the right to request the enterprise to transport the goods according to one of the forms prescribed in Clause 1 of this Article. Payment for transportation shall be handled as follows:

a) If the goods are returned to the sending station, the enterprise must refund the entire transportation fee and other incidental costs paid by the party hiring transportation services under the contract;

b) If the goods are returned to an intermediate station along the same route for unloading, the enterprise must refund the transportation fee for the section from the unloading station to the destination station as stated on the shipping invoice;

c) If the goods are transferred to another mode of transport to continue the journey, the enterprise will organize the transfer for those goods within its capacity to do so, and the party hiring transportation services does not have to pay the transfer costs.

3. If the transportation blockage is not due to the fault of the enterprise, the party hiring transportation services shall negotiate with the enterprise to select one of the forms of transportation prescribed in Clause 1 of this Article. Payment for transportation shall be handled as follows:

a) If the goods are returned to the sending station or unloaded at an intermediate station along the same route or unloaded at the blocked station, the enterprise shall refund the transportation fee for the section from the blocked station to the destination station as stated on the shipping invoice and charge no more than 50% of the return transportation fee;

b) If the goods are transferred to another mode of transport to continue the journey, the enterprise will organize the transfer for those goods within its capacity to do so, and the party hiring transportation services must pay all incidental costs arising from the transfer.

4. If the enterprise has reported the transportation blockage but has not received instructions from the party hiring transportation services, the following actions shall be taken:

a) For easily damaged goods or live animals, if no response is received from the party hiring transportation services within 04 days, the enterprise may handle the goods in accordance with Article 44 of this Circular;

b) For other goods, the enterprise shall wait for the road to clear before continuing transportation.

5. The enterprise shall not collect fees for changing the original car of the party hiring transportation services for cases stipulated in this Article.

Article 48. Handling when goods with incorrect name declarations are discovered during transportation

1. For ordinary goods, if an incorrect name declaration is discovered, the enterprise continues to transport them to the destination station and charges the recipient the remaining transportation costs due to the incorrect name declaration.

2. For dangerous goods or goods requiring special protective measures, if it is found that the transporter has declared incorrectly, it shall be handled as follows:

a) In cases where it may endanger train safety and other goods, the enterprise unloads the goods at the nearest station and informs both the transporter and the recipient. The enterprise recalculates the transportation fees and collects any additional expenses incurred on the actual distance traveled;

b) In cases where transportation can continue without compromising safety, the enterprise continues to transport to the destination station and has the right to charge the recipient additional transportation fees according to the provisions of Clause 1 of this Article.

Article 49. Goods Misdeclared in Weight or Overloaded

When goods are misdeclared in weight or overloaded, they shall be handled as follows:

1. If the enterprise organizes loading of goods onto wagons resulting in overloading, the enterprise bears the resulting additional costs and is responsible under the law.

2. If the transporter organizes loading of goods onto wagons, it shall be handled as follows:

a) Where the total actual weight of goods on the wagon does not exceed 5% of the technical load capacity of the wagon but does not exceed the permitted technical load capacity of the wagon, the enterprise continues to transport to the destination station and charges the recipient additional transportation fees for the excess weight according to the enterprise's regulations;

b) Where the total actual weight of goods on the wagon exceeds 5% of the technical load capacity of the wagon or exceeds the permitted technical load capacity of the wagon, the enterprise has the right to unload the excess weight, inform the transporter, and agree on a solution. The enterprise has the right to collect excess weight fees and any additional expenses according to the enterprise's regulations. If the transporter requests to continue transporting the excess weight to the destination station, it will be transported according to a new agreement.

Article 50. Cancellation of Transportation

The enterprise and the transporter have the right to request cancellation of transportation before the train departs from the sending station and must bear the additional costs caused by the cancellation.

Article 51. Change of Recipient

1. The transporter has the right to designate a new recipient before the goods are delivered to the original recipient and must bear the additional costs caused by changing the recipient.

2. The enterprise specifies the additional costs arising from changing the recipient.

Article 52. Change of Destination Station

1. The transporter has the right to change the destination station even while the goods are being transported or have arrived at the destination station and must bear the additional costs caused by changing the destination station.

2. The enterprise specifies the additional costs arising from changing the destination station.

Chapter V

BFREQUENTLY ASKED QUESTIONS, DISPUTE RESOLUTION

Article 53. Exemption from Liability for Loss, Reduction in Quantity, Damage, or Deterioration of Goods

The enterprise is not liable for loss, reduction in quantity, damage, or deterioration of goods in the following cases:

1. Due to force majeure.

2. Due to the inherent nature or defect of the goods; due to characteristics of the goods causing self-ignition, decomposition, loss, rusting, cracking; live animals suffering from disease.

3. Goods with escorts lost, reduced in quantity, damaged, or deteriorated not due to the enterprise's fault.

4. The transporter improperly packages, crates, or loads goods in containers.

5. Incorrect declaration of goods' names; incorrect marking of cargo labels.

6. Goods sealed by the consignor, upon unloading, the seal marks remain intact, the wagon or container shows no signs of being opened or tampered with.

7. Goods loaded in open wagons remain intact with protective markings; binding straps are secure, packaging remains intact, and the correct number is present; there are no signs of tampering or opening.

8. Due to exceeding the time limit for receiving goods as stipulated in Article 35 of this Circular, leading to a reduction in quantity, damage, or deterioration of the goods.

9. Due to confiscation or compulsory inspection by authorized state agencies, leading to loss, reduction in quantity, damage, or deterioration of the goods.

Article 54. Compensation for Lost, Reduced Quantity, Damaged, or Decreased Quality Goods Due to Enterprise Fault

The enterprise shall compensate for lost, reduced quantity, damaged, or decreased quality goods to the freighter or consignee according to the following provisions:

1. If the goods are completely lost, full compensation shall be provided; if the goods are partially lost, reduced in quantity, damaged, or decreased in quality, compensation shall be provided for the portion lost, reduced in quantity, damaged, or decreased in quality; in cases where partial damage leads to the goods losing all their utility value, full compensation must be provided, and the enterprise retains ownership of the damaged goods that have been compensated.

2. The level of compensation for lost, reduced quantity, damaged, or decreased quality goods shall be implemented according to the following provisions:

a) For goods with declared value on the shipping invoice, compensation shall be provided according to the declared value; in cases where the enterprise can prove that the actual loss is lower than the declared value, compensation shall be provided according to the actual loss value;

b) For goods without declared value on the shipping invoice, compensation shall be provided according to the following provisions: According to the level agreed upon by both parties; according to the value on the purchase invoice; according to the market price of the goods at the time of payment for transportation and delivery location; in cases where there is no market price for the goods, according to the average value of similar quality goods in the area of delivery.

3. For goods that the freighter has insured, compensation shall be carried out according to the insurance contract.

4. In addition to compensating for losses according to the provisions of Clauses 1, Clause 2, and Clause 3 of this Article, the enterprise must also refund the freighter the full transportation fee and other costs collected during the transportation process for the goods that were lost, reduced in quantity, damaged, or decreased in quality.

5. The freighter, consignee, and enterprise may agree on the forms and levels of compensation for goods stipulated in Clauses 1, Clause 2, and Clause 3 of this Article or other forms and levels of compensation agreed upon by both parties; in cases where no agreement can be reached, compensation shall be carried out according to the provisions of Article 56 of this Circular.

Article 55. Compensation for Stagnant Carriage, Locomotive Damage, Carriage Damage, and Transport Equipment Damage

1. During the loading, unloading, and transportation of goods, if the freighter, consignee, or enterprise causes damage to the transport equipment, transport tools, or loss of spare parts, equipment of the transport means, they must compensate the party suffering the loss.

2. The freighter or consignee must compensate the enterprise for carriage stagnation fees and transport equipment attached to the carriage due to extended usage time beyond the prescribed time limits due to the fault of the freighter and beyond the specified period. The carriage stagnation fee and attached transport equipment fee table is set by the enterprise.

Article 56. Dispute Resolution

1. During railway cargo transportation, if incidents occur affecting the interests of the parties involved, the enterprise and the freighter, consignee shall resolve disputes through negotiation, mediation, or litigation before the Court.

2. The procedures and processes for resolving disputes shall be carried out according to the provisions of the law.

Chapter VI

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN RAILWAY CARGO TRANSPORTATION BUSINESS

Article 57. Rights and Obligations of Enterprises

1. The enterprise has the following rights:

a) To refuse to transport goods that do not comply with packaging, container, marking, and product code regulations, and prohibited goods;

b) To request the freight customer and consignee to pay the full transportation costs and incidental expenses;

c) To request the freight customer to compensate for damages caused by the fault of the freight customer;

d) To request an inspection of goods when necessary;

đ) To retain goods if the freight customer fails to pay the agreed-upon transportation costs and incidental expenses under the transportation contract;

e) To demand payment for idle car fees caused by the fault of the freight customer or consignee;

g) To exercise other rights as stipulated in Clause 1 of Article 53 of the Railway Law.

2. The enterprise has the following obligations:

a) To transport goods to the destination and deliver them to the consignee according to the transportation contract;

b) To promptly notify the freight customer and consignee when the goods have been transported to the delivery location, or when transportation is interrupted;

c) To store goods when the consignee refuses to accept the goods or it is impossible to deliver the goods to the consignee, and to inform the freight customer;

d) To compensate the freight customer for losses due to the disappearance, reduction in quantity, damage, decrease in quality, or delay in transportation caused by the enterprise's fault;

đ) To facilitate the freight customer in renting cars for loading goods in accordance with the required number and type of cars as requested by the freight customer;

e) To publicly announce to the freight customer the legal and enterprise regulations before signing transportation contracts;

g) To report regularly or urgently on statistical data regarding the transportation of goods carried out by the enterprise to the Vietnam Railway Administration as prescribed;

h) To fulfill other obligations as stipulated in Clause 2 of Article 53 of the Railway Law.

Article 58. Rights and Obligations of Freight Customers

1. The freight customer has the following rights:

a) To agree with the enterprise on conditions for transporting goods, loading and unloading goods, providing cars for loading goods, escorting goods, transportation deadlines, storage deadlines, receipt deadlines, and other related issues in the transportation contract; to inspect and have the right to refuse to accept cars if they do not meet the requirements as stipulated in this Circular;

b) To request the enterprise to confirm the quantity and seal the goods being sent;

c) To request an inspection of goods when necessary;

d) To be compensated for damages to their own goods according to the agreement in the contract and legal provisions;

đ) To be compensated for damages due to delayed provision of cars and accompanying transportation equipment caused by the enterprise's fault;

e) To authorize an organization or individual to act on their behalf to perform part or all of the transportation contract in accordance with the law but still bear responsibility for all commitments in the transportation contract;

g) To exercise other rights as stipulated in Clause 1 of Article 61 of the Railway Law and relevant legal regulations.

2. The freight customer fulfills the following obligations:

a) To register the quantity, type of cars, time, and location for loading goods with the enterprise;

b) To appoint personnel to escort goods if the goods require mandatory escorting;

c) To pay transportation costs and other expenses as agreed upon in the form and within the time limit specified in the contract;

d) To pay incidental expenses due to idle cars and accompanying transportation equipment; warehouse storage, preservation, and other incidental expenses;

đ) In case the consignee does not come to receive the goods, the freight customer is responsible for resolving the consequences and paying all incidental expenses;

e) To fulfill other obligations as stipulated in Clause 2 of Article 61 of the Railway Law and relevant legal regulations.

Article 59. Rights and Obligations of the Consignee

The consignee may be the charterer of transportation or a third party designated by the charterer to receive the goods. The consignee has the following rights and obligations:

1. Rights of the consignee:

a) To inspect the quantity, quality, and sealing of the goods transported;

b) To receive the goods transported;

c) To request compensation for losses due to the loss, reduction in volume, damage, or deterioration in quality of the goods caused by the fault of the enterprise;

d) To request an inspection of the goods when necessary.

2. Obligations of the consignee:

a) Upon receiving notice that the goods have arrived, the consignee must go to the station to receive the goods within the time limit and perform the contents prescribed in Articles 19 and 35 of this Circular;

b) To present the bill of lading and other documents to prove their right to receive the goods;

c) To bear the costs of loading and unloading the goods unless otherwise agreed in the contract;

d) To pay for additional costs arising from delayed acceptance of the goods;

e) To notify the enterprise about the receipt of all goods and other necessary information as required by the enterprise; if not notified, they shall not have the right to request the enterprise to protect their rights and interests related to the goods.

Article 60. Reporting System

1. Statistical data on cargo transportation operations reported by railway transport enterprises to the Vietnam Railway Administration must be carried out periodically (monthly, quarterly, annually) or on an ad hoc basis 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 tenth day of the month immediately following the reporting period.

4. Content and format of reports: In accordance with the Appendix of this Circular and other forms prescribed in legal normative documents if applicable.

Chapter VII

IMPLEMENTING PROVISIONS

Article 61. Effective Date

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

2. Circular No. 83/2014/TT-BGTVT dated December 30, 2014, issued by the Minister of Transport regarding national railway cargo transportation operations ceases to be effective from the date this Circular takes effect.

Article 62. Implementation

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