Decision No. 34/2004/QD-BGTVT Issuing Regulations on Domestic Waterway Passenger Transport

Pursuant to …;

Issuing Regulations on Domestic Waterway Passenger Transport

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THE MINISTER OF TRANSPORTATION

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

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

DECISION:

Article 1. The attached Decision promulgates the "Regulations on Domestic Waterway Passenger Transport".

Article 2. This Decision takes effect 15 days from the date of publication in the Official Gazette, replacing Decision No. 1866/1999/QĐ-BGTVT dated July 30, 1999 of the Minister of the Ministry of Transport promulgating the "Regulations on Inland Waterway Passenger Transport" and Decision No. 2764/2000/QĐ-BGTVT dated September 21, 2000 of the Minister of the Ministry of Transport promulgating the "Regulations on Management and Supervision of High-Speed Passenger Vessels on Inland Waterways".

Article 3. You are responsible for implementing this Decision: Heads of the Ministry's Office, Directors of Departments, Directors of Bureaus, Head of the Ministry's Inspectorate, Directors of Provincial Departments of Transport and Public Works, Heads of agencies, units, organizations, and individuals related to this matter.

REGULATIONS

On domestic waterway passenger transport
(Issued together with Decision No. 34/2004/QĐ-BGTVT

dated December 21, 2004 of the Minister of the Ministry of Transport)

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PART I

GENERAL PROVISIONS

Article 1. Scope of regulation, applicable subjects

This document regulates the business activities of domestic waterway passenger transport and applies to organizations and individuals involved in domestic waterway passenger transport.

Article 2. Passengers

In these Regulations, passengers refer to persons carried on inland waterway passenger transport vessels and who have purchased tickets according to the model prescribed in Clause 2, Article 81 of the Law on Inland Waterway Traffic, except crew members, vessel drivers, and children traveling free with passengers.

Chapter II

DOMESTIC 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. Announce at ports and wharfs serving passenger embarkation and disembarkation three days before any changes to the schedule or timetable; twelve hours before any change in departure time (except for river-crossing passenger transport).

2. At least ten minutes before the vessel arrives at the port or wharf serving passenger embarkation and disembarkation, 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).

3. Post the vessel rules, instructions for using life-saving and fire-fighting equipment in easily visible locations on the vessel; for vessels that cannot post such notices on board, they must be posted at the ports or wharfs serving passenger embarkation and disembarkation.

4. Serve passengers courteously and respectfully

Article 4. Fixed-route passenger transport

In addition to complying with the provisions of Article 78 of the Law on Inland Waterway Traffic, persons and vessels participating in fixed-route passenger transport may only register to operate on inland waterway routes that have been organized for management and passenger service at ports or wharfs that have been announced or granted operating permits.

Article 5. Application for registration of fixed-route passenger transport

1. Documents to be submitted:

a) Two copies of the application for operation of inland waterway passenger transport on fixed routes (Appendix 1 attached to these Regulations);

b) One copy of the documents specified in Clause 2 of this Article.

2. Documents to be presented:

a) Business registration certificate including the passenger transport business on inland waterways;

b) Registration certificate for inland waterway vessels; safety technical inspection certificate for inland waterway vessels still valid and suitable for the level of the route operated;

c) Crew list; certificates and qualifications of the Captain and Chief Engineer appropriate to the type of vessel and the inland waterway route operated.

Article 6. Standards for passenger transport on fixed routes

1. Organizations and individuals participating in inland waterway passenger transport on fixed routes must have an operational schedule or a stable ship running schedule.

2. On a passenger transport route, if there are two or more organizations or individuals registering their means of transport to participate in operations, they shall confirm registration in the order of registration of the organizations and individuals. In cases where organizations or individuals register overlapping schedules or departure times, the competent authority shall organize a negotiation meeting to agree on the ship schedules. If negotiations fail, the relevant authorities along the route shall jointly decide.

3. Based on the inland waterway managed, international treaties to which the Socialist Republic of Vietnam has signed or acceded, and the opinions of port and inland waterway terminal management organizations where passengers are picked up and dropped off, within no more than five working days from the date of receipt of complete valid documents as stipulated in Article 5 of this Regulation, the competent authority as prescribed in Article 7 of this Regulation shall confirm the registration of fixed-route inland waterway passenger transport for organizations and individuals engaged in passenger transport business. In case of non-acceptance, a written response with clear reasons must be provided.

Article 7. Authority to confirm registration for fixed-route passenger transport

1. The Vietnam Inland Waterways Administration shall confirm the registration for fixed-route inland waterway passenger transport for the following entities:

a) Organizations and individuals engaged in inland waterway passenger transport with foreign investment in Vietnam;

b) Organizations and individuals engaged in inland waterway passenger transport across borders.

2. Provincial Departments of Transport and Departments of Transport and Public Works under centrally governed cities shall confirm the registration for fixed-route inland waterway passenger transport for entities not specified in Clause 1 of this Article.

Article 8. Passenger transport according to charter contracts

In addition to complying with the provisions of Article 78 of the Law on Inland Waterway Traffic, businesses engaged in passenger transport according to charter contracts may only arrange means of transport to operate on inland waterway routes that have been organized and are consistent with the operational area recorded in the Certificate of Technical Safety for Inland Waterway Vessels; pick up and drop off passengers at inland waterway ports that have been announced or inland waterway terminals that have been granted operating permits.

The means of transport must have a passenger transport contract. The contract must include the following main points:

a) Route itinerary;

b) Names of ports and terminals where passengers are picked up and dropped off;

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

Article 9. Cross-river passenger transport

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

Chapter III

MEANS OF TRANSPORT FOR ROUTE TESTING

Article 10. Means of transport for route testing.

1. Domestic means of transport with new technical features first produced domestically or imported from abroad with a speed of 30 kilometers per hour or higher before being put into inland waterway passenger transport must undergo a period of route testing.

2. The period of route testing shall be carried out as follows:

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

b) Three months for means of transport engaged in inland waterway passenger transport on routes where similar technical feature means of transport are already in operation.

Article 11. Documents for means of transport for route testing

1. Organizations and individuals with means of transport for route testing must organize a survey trip under the supervision of relevant specialized management agencies; prepare a survey report with confirmation from all participants in the survey team; report the results of the survey trip to the competent authority as prescribed in Article 12 of this Regulation.

2. Documents for means of transport for survey trips:

a) Documents to be presented:

- Business registration certificate with inland waterway passenger transport business;

- Registration certificate for inland waterway vessels or related documents concerning pledge or mortgage in accordance with the law; Certificate of Technical Safety for Inland Waterway Vessels still in effect and suitable for the inland waterway route intended for exploitation;

- Crew list; certificates and qualifications of the Master and Chief Engineer appropriate to the vessel and the inland waterway route it operates.

b) Documents to be submitted:

- One document from the organization or individual requesting permission for the vessel to conduct a survey trip, mainly including: transport route; names of ports and terminals for picking up and dropping off passengers; time and schedule for the survey trip;

- Opinions of the Department of Transport and the Department of Transport and Public Works related to the transport route; opinions of the port and inland waterway terminal management organizations for picking up and dropping off passengers.

3. After the survey trip, organizations and individuals shall handle procedures for the means of transport to undergo route testing, including the following documents:

a) One document from the organization or individual requesting permission for the vessel to undergo route testing; the document includes main contents such as: transport route; names of ports and inland waterway terminals for picking up and dropping off passengers; operational schedule or ship running schedule;

b) Survey report with comments from agencies and units participating in the survey.

Article 12. Authority to manage survey trips and route testing

1. The Vietnam Inland Waterways Administration shall manage route testing of means of transport as prescribed in Article 10 of this Regulation.

2. Within no more than five working days from the date of receipt of complete valid documents as stipulated in Article 11 of this Regulation, the Vietnam Inland Waterways Administration shall issue a document accepting or not accepting permission for the vessel to conduct a survey trip or route testing.

3. After the period of route testing, based on the results and opinions of the Departments of Transport related to the transport route, the Vietnam Inland Waterways Administration shall consider and decide on the following forms:

a) Engaged in formal transportation operations and reported to the Department of Transport Services and the Department of Public Works responsible for monitoring and managing the route (except for subjects and routes directly managed by the Vietnam Inland Waterways Administration);

b) Extend the trial transportation period on the route and clearly record existing issues and required rectifications within no more than eight months, but the total trial transportation period on the route shall not exceed twelve months;

c) Cease operations if safety conditions are not met, including during the trial transportation period on the route.

Chapter IV

PASSENGER TICKETS

Article 13. Ticket sales, passenger lists, and ticket control

1. Shall not sell tickets at prices higher than those announced by the passenger transport operator at ticket sales locations. New or changed ticket prices must be publicly announced through mass media for three consecutive days and may only be implemented fifteen days after such announcement.

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

3. Announce publicly 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 departure of the vessel from the wharf.

4. The number of tickets sold for each transport trip shall not exceed the number of passengers specified by the inspection authority for the vehicle.

5. For fixed-route passenger transport or charter trips, the transporter must prepare a passenger list in at least two copies; one copy to be handed over to the ship captain, and one copy to be kept at the port or inland waterway wharf. The ship 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 passengers are exempted from paying for tickets.

6. Check tickets when passengers disembark; do not allow passengers to disembark beyond the specified number; promptly resolve any ticket confusion incidents.

Article 14. Free and discounted passenger fares

1. Children under five years old are exempt from fares but must sit with accompanying passengers.

2. Children aged five to ten years old receive a fifty percent fare discount but two children in this category must share one seat.

Article 15. Priority groups for ticket sales in the following order

1. Transporting patients upon request of health authorities.

2. War invalids and disabled veterans of first and second class.

3. Persons aged sixty-five years and older.

4. Persons traveling with infants under twenty-four months old.

5. Pregnant women.

Article 16. Handling passenger tickets

1. Passengers who travel beyond the ports or inland waterway wharfs listed on their tickets 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 shall not be refunded for the unused portion of the journey.

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

4. Passengers holding tickets but arriving late after the vessel has departed according to the published schedule without notifying the transport operator or ticket seller shall be handled as follows:

a) If the passenger wishes to travel on the next available trip, the transport operator shall arrange for the passenger to travel on the subsequent trip and may charge an additional fifty percent of the ticket price;

b) If the passenger does not wish to continue traveling, they shall not be refunded the ticket price.

5. Passengers holding tickets who notify the transport operator or ticket seller (by telephone, telegraph, fax, or email) at least two hours before the scheduled departure time of the vessel according to the published schedule shall be handled as follows:

a) If the passenger wishes to travel on the next available trip, the transport operator shall arrange for the passenger to travel on the subsequent trip and may charge an additional twenty percent of the ticket price;

b) If the passenger does not wish to continue traveling and returns the ticket, they shall receive an eighty percent refund of the ticket price.

Chapter V

TRANSPORTATION AND STORAGE OF CHECKED BAGGAGE

Article 17. Baggage

1. Each passenger is entitled to free baggage allowance of up to twenty kilograms; for passengers as stipulated in Clause 2, Article 14 of these Regulations, the free baggage allowance is ten kilograms.

2. Conditions for checked baggage:

a) Dimensions not exceeding 1.2 meters in length x 0.7 meters in width x 0.7 meters in height; weight not exceeding twenty kilograms for carry-on baggage and fifty kilograms for each piece of checked baggage;

b) Must pay transportation fees;

c) In addition to the conditions set forth in points a and b above, checked baggage must also meet the following conditions:

- Checked baggage must be received for shipment to the destination indicated on the passenger's ticket;

- Checked baggage must travel on the same vehicle as the passenger, even if it requires transfer to another vehicle during transportation.

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

a) Human remains;

b) Large animals weighing forty kilograms or more, such as cattle, buffalo, horses, etc.;

c) Goods emitting foul or putrid odors;

d) Goods that are bulky and obstruct passage on the vehicle.

Article 18. Acceptance and storage of checked baggage

1. Passengers with checked baggage exceeding the free allowance must pay the applicable fee and hand over the baggage to the transport operator prior to the departure of the vehicle.

2. Shippers must complete a cargo declaration form, specifying the type of goods, quantity, weight, value; name and address of the shipper and consignee. The cargo declaration form must be prepared in at least two copies, one for the consignee and one for the transport operator, with additional copies made if necessary.

3. Shippers are responsible for the legality of goods packed in checked baggage and must provide copies of relevant legal documents to the transport operator.

4. The transport operator is responsible for inspecting the packaging, quantity, marking the cargo, and confirming the cargo declaration form; based on the capacity of the vehicle and storage facilities, the operator decides whether to accept checked baggage on the transport route.

Article 19. Delivery of checked baggage

1. When collecting checked baggage, passengers must present their ticket and proof of payment for the baggage handling fee.

2. The consignee, upon receiving the parcel, must present the receipt for payment of freight charges; the declaration of goods sent and personal identification documents. If another person receives it, they must have a power of attorney in accordance with the law. In case the consignee arrives to collect the parcel beyond the agreed time limit, they must pay storage fees at the warehouse or port.

3. The consignee of checked baggage and parcels must check the baggage and parcels at the place of collection; once the collection is completed, the transport business entity shall not be liable for any loss or damage to the baggage or parcels.

Chapter VI

SETTLEMENT OF DISPUTES AND COMPENSATION

Article 20. In case of fault of the carrier

1. In case the means of transport does not depart from the wharf at the prescribed time and passengers have to wait overnight, the transport business entity must arrange food and accommodation for the passengers and bear all costs; if the passenger does not continue the journey and returns the ticket, the transport business entity must refund the ticket price and freight charges to the passenger.

2. In case the means of transport breaks down during the journey and cannot continue, the Captain must take every measure to bring the passengers to the nearest safe wharf, notify the transport business entity and implement the following provisions:

a) If the passengers have to wait overnight, the transport business entity must arrange food and accommodation for the passengers and bear all costs;

b) If the passengers do not want to wait to continue the journey, the transport business entity must refund the ticket price and freight charges corresponding to the remaining distance to the passengers;

c) If the transport business entity arranges another means of transport but has to return to the departure wharf, the transport business entity must refund the entire ticket price and freight charges to the passengers.

Article 21. In case of force majeure

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

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

a) In case the means of transport has to travel on a longer route, the transport business entity may not charge additional ticket and freight charges from the passengers;

b) In case the passengers, baggage, and parcels need to be transferred, the transport business entity must carry out the transfer and bear the costs;

c) In case the means of transport cannot continue the journey and has to return to the nearest wharf or departure wharf, the passengers do not have to pay additional ticket and freight charges for the return journey; the transport business entity must refund the ticket price and freight charges corresponding to the untraveled distance to the passengers.

Article 22. Passengers falling into water, dying, or becoming ill on the means of transport

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

2. In case a passenger dies, the Captain must prepare a record with confirmation from the victim's relatives (if any), representatives of the passengers, and organize to bring the deceased and their baggage to the nearest wharf, appoint someone to watch over them; report to the local authorities, the family, or the organization of the victim to cooperate in resolving the matter; the baggage of the deceased must be inventoried and stored in a secure location.

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 23. Checked baggage during transportation

1. In case checked baggage shows signs of spontaneous combustion, leakage, or breakage, the carrier must notify and work together with the passengers whose baggage it is to immediately take measures to protect people, goods, and the means of transport.

When implementing preventive measures, if losses occur, a record must be prepared with confirmation from the passenger whose baggage it is and representatives of the passengers. The party at fault must bear responsibility for the incurred costs. If both parties are without fault, each party must bear responsibility for the costs and losses incurred by them.

2. In case of force majeure, if safety cannot be guaranteed, the transport business entity has the right to unload part or all of the baggage from the means of transport; the passenger whose baggage it is must store it themselves; each party must bear responsibility for the costs and losses incurred by them.

3. In case the means of transport is requisitioned by an authorized agency, the Captain must inform the transport business entity and passengers. The crew and the requisitioning agency must organize to disembark passengers and baggage. The requisitioning agency must organize to continue transporting passengers, baggage, and parcels.

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

a) If it is deemed necessary to wait for a long time, affecting the journey and the health of the passengers, the carrier must move the means of transport to the nearest wharf, organize to disembark passengers and baggage; assist passengers to continue their journey by another means of transport. The transport business entity can only charge the actual ticket and freight charges for the distance traveled;

b) If it is necessary to return to the departure wharf, the transport business entity can only charge the ticket and freight charges for the distance already traveled (excluding the return trip);

c) If it is necessary to transfer passengers and baggage around the blockage, the transport business entity must carry out the transfer and bear the costs;

d) If the means of transport waits until the channel is clear, the transport business entity must inform the passengers; if passengers request to move the means of transport, the crew must facilitate disembarking the passengers.

Article 24. For parcels

In case there are issues arising with parcels during transportation, they shall be handled according to the regulations on inland waterway cargo transportation.

Article 25. Compensation for Checked Luggage and Packages Lost or Damaged

1. In cases where checked luggage or packages are damaged, missing, or short due to the fault of the transportation business operator, compensation shall be made according to the following provisions:

a) According to the declared value for checked luggage or packages with declared value; if the transportation business operator can prove 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 of payment and delivery location; in case there is no market price for such goods, according to the average price of similar quality goods in the area of delivery;

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 according to the following provisions:

- For checked luggage: the compensation amount shall not exceed twenty thousand (20,000) Vietnamese dong per kilogram of lost checked luggage;

For packages: the compensation amount shall not exceed twenty thousand (20,000) Vietnamese dong per kilogram; seven million (7,000,000) Vietnamese dong for each package or consignment lost.

2. If checked luggage or packages are partially damaged, missing, or short, compensation shall be made for the part that is damaged, missing, or short; in cases where the damage, shortage, or loss leads to the entire item being unusable, full compensation shall be provided; the transporter 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 transportation business operator must also refund the passenger or sender the full fare or surcharge for the lost checked luggage or packages.

Article 26. Dispute Resolution

During the inland waterway passenger transport process, if there are issues affecting the interests of all parties, a scene record must be established; the content of the record must clearly specify the time, location, consequences, objective and subjective causes, resolution results, etc., with confirmation from the passenger representative. The completed record must be sent to all relevant parties.

In case of disagreement, the parties have the right to request economic arbitration or file a lawsuit at the court in accordance with the law.

APPENDIX 1

(issued together with Decision No. 34/2004/QĐ-BGTVT

dated December 21, 2004 of the Minister of Transport).

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

…, day…month…year 200…

REGISTRATION

Inland Waterway Passenger Transport Activities on Fixed Routes

 Respectfully submitted to:.......................................................................

- Business name (individual trader): …

- Business address:…

- Phone number:…; Fax/Email:…

- Business registration certificate number…dated…

- Issuing authority:…registers the operation of inland waterway passenger transport on fixed routes with the following contents:

1. Operating routes:

- Route 1: from…to…

(Other routes recorded similarly)

2. Number of vessels operating on each transport route:

- Route 1: Vessel 1 (registration number)…, capacity: …(seats)

(Other vessels recorded similarly)

3. Sailing schedule on each transport route:

- Route 1: + There are …trips/day (week); departure point:…

 at the following hours (or on which days of the week):…

 + Ports, wharfs for picking up and dropping off passengers on the route: …

            (Other routes recorded similarly)

4. Passenger ticket prices on each transport route:

……………………………………………………………………………………

5. Operating period: ............................................................................................

6. Commitments: The enterprise (individual trader) commits to strictly comply with the Law on Inland Waterway Traffic, the provisions of Decision No. 34/2004/QĐ-BGTVT dated December 21, 2004 of the Minister of Transport on inland waterway passenger transport, and the registered contents.

Confirmation of the registering authority                                   Enterprise representative

…, day…… month…year 200...                       (individual or individual trader)

Head of the agency                                                     Signature, write full name

Sign and stamp                                                        and stamp (if applicable)