Circular No. 34/2019/TT-BGTVT amending and supplementing certain provisions of Circulars governing inland waterway transport

CIRCULAR
Amending and supplementing certain articles of Circulars on inland waterway transport (hereinafter referred to collectively as traffic accidents).

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;
Pursuant to Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government stipulating conditions for operating inland waterway transport;
Pursuant to Decree No. 128/2018/NĐ-CP dated September 24, 2018 of the Government amending and supplementing certain provisions of Decrees stipulating conditions for investment and business in the field of inland waterway transport;
Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Department of Transport and the Director General of the Vietnam Directorate of Inland Waterways;
The Minister of Transport issues this Circular amending and supplementing certain articles of Circulars on inland waterway transport.

Article 1. Amending and supplementing certain articles of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger transport, luggage, and consignment on inland waterways.

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Explanation of terms

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

1. Passenger means a person being transported on a passenger-carrying vehicle with a valid ticket and a person exempted from purchasing a ticket, except crew members, drivers, and service staff.

2. Paper ticket is a ticket issued by organizations or individuals engaged in passenger transport, luggage, and consignment on inland waterways in a pre-printed form.

3. Electronic ticket is a ticket issued by organizations or individuals engaged in passenger transport, luggage, and consignment on inland waterways stored in electronic data format.”

2. Amending and supplementing Clause 4 as follows:

“Article 4. Obligations of organizations and individuals engaged in passenger transport, luggage, and consignment on inland waterways.

1. Equip all fire-fighting equipment and life-saving devices as prescribed and place them at positions according to the design of the vessel; for vessels where the design has been lost, they must be placed at visible and easily accessible locations without hindering evacuation.

2. Announce changes to the schedule or route of the vessel at least three days before any change in the operation diagram or schedule; twelve hours before any change in departure time (except for river-crossing passenger transport).

3. At least ten minutes before arriving at the passenger port or wharf, 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. Post on board: hotlines of organizations, individuals, management agencies, and rescue units; rules for boarding (applicable to passengers); instructions on using fire-fighting equipment and life-saving devices; trash bins and escape routes at easily visible locations on the vessel.

5. Serve passengers courteously and respectfully.

6. Pick up and drop off passengers at ports or wharfs announced or permitted; transportation contracts must be signed before transporting passengers and charges collected according to the value of the signed contract.

7. Notify in writing to the Department of Transport and Port Management Authorities related to the organization or individual engaged in passenger transport:

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

b) Five days prior to ceasing operations on fixed routes.

8. By the twentieth day of each month, submit a written report on the number of passengers transported and circulated to the Provincial Department of Transport where the organization or individual operates transportation services according to the model prescribed in Appendix I attached to this Circular.

9. Other obligations as stipulated in Clause 2, Article 82 of the Law on Inland Waterway Transport.”

3. Amend and supplement Article 9 as follows:

"Article 9. Passenger tickets, selling tickets, and ticket control

1. Passenger tickets

a) Passenger tickets are issued in paper or electronic form according to the models prescribed in Appendices II and III attached to this Circular;

b) Organizations and individuals engaged in passenger transport must publicly display the maximum fare at ports, wharfs, passenger-carrying vehicles, and on their websites; guide passengers on how to use tickets to ensure their rights and obligations as prescribed;

c) Organizations and individuals engaged in passenger transport and passengers may negotiate specific fares but not exceed the maximum fare displayed. Passenger tickets are printed and issued by organizations and individuals engaged in passenger transport;

d) Valid passenger tickets must meet the following conditions:

Issued by organizations and individuals engaged in passenger transport, luggage, and consignment on inland waterways;

For paper tickets: not altered, erased, or tampered with, containing complete information, correctly indicating the route and running time;

For electronic tickets: have a printout or photograph of the ticket according to the regulations of the organization or individual engaged in passenger transport or evidence stored in the database of the transport business unit, containing full personal information matching one of the documents specified in point b, clause 2 of this Article.

2. Selling passenger tickets

a) Organizations and individuals engaged in passenger transport can organize ticket sales at multiple locations, over several days, and through various methods to facilitate ticket purchases before the vessel's operation;

b) If necessary, enterprises may request buyers to provide identity documents or other documents containing complete personal information recognized by law. In case of online ticket purchase through electronic information networks, buyers must provide all necessary information as required by the passenger transport business unit;

c) Prepare a list of passengers according to the model prescribed in Appendix IV attached to this Circular.

3. Ticket control

Organizations and individuals engaged in fixed-route passenger transport shall check tickets when passengers disembark; do not allow passengers to disembark beyond the specified number; promptly resolve any ticket confusion cases.”

4. Amend Clause 3, Article 13 as follows:

“3. The sender of consigned luggage or cargo is responsible for the legality of goods contained in the consigned luggage or cargo.”

5. Amend Article 21 as follows:

“Article 21. Handling accidents in port waters, wharves, and inland waterways

Organizations and individuals related to search and rescue operations in port waters, wharves, and inland waterways shall implement according to the provisions stipulated in Clause 22, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport, Decision No. 51/2015/QĐ-TTg dated October 14, 2015 of the Government Chairman regarding organization of search and rescue operations for inland waterway transport accidents and handling such accidents, and implementing environmental protection in accordance with current laws.”

6. Amend Article 22 as follows:

“Article 22. Handling accidents in sea port waters and shipping channels

Organizations and individuals related to handling accidents in sea port waters and shipping channels shall implement according to Decision No. 06/2014/QĐ-TTg dated January 20, 2014 of the Government Chairman promulgating Regulations on Coordination of Search and Rescue Operations at Sea and in Sea Port Waters, Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on Reporting and Investigating Marine Accidents, and Circular No. 39/2017/TT-BGTVT dated November 7, 2017 amending and supplementing certain provisions of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on Reporting and Investigating Marine Accidents.”

Article 2. Amending and supplementing certain provisions of Circular No. 66/2014/TT-BGTVT dated November 12, 2014 of the Minister of Transport on passenger transport, luggage, and cargo by high-speed passenger vessels between ports, wharves, and waters within Vietnam's internal waters and across borders

1. Amending and supplementing Clause 3 as follows:

“Article 3. Explanation of Terms

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

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

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

3. High-speed passenger vessel (high-speed passenger ferry) means a passenger vessel that has been inspected and certified by the Vietnamese Inspection Authority as complying with the National Technical Regulation on Classification and Construction of High-Speed Vessels; a passenger vessel operating in planing mode where the hull is completely separated from the water surface due to aerodynamic lift created by surface effect, with the maximum speed of at least 30 km/hour when fully loaded.

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

5. The relevant Port Supervision Authority is the Inland Waterway Port Supervision Authority or the Maritime Port Supervision Authority.”

2. Amend and supplement Article 4 as follows:

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

1. Publicize information about the quality of passenger transport services, luggage, and cargo on the website of organizations and individuals or post it at ports, wharves, and ticket counters so that passengers can be informed before boarding the vessel.

2. Post at ports, wharves, and ticket counters in both Vietnamese and English: information about departure time, number of trips, ticket prices, fare discount policies under the law and those of the transport business operator, itinerary (including all stopover points, stopover times, rest times), passenger services during the journey, passenger insurance, free baggage allowance, telephone number for receiving passenger feedback.

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

4. At least ten minutes before the vessel departs from the port or wharf, service staff or crew members on board have the responsibility to guide and provide information about the vessel's rules, location, and usage methods of firefighting equipment, lifesaving devices, sinking prevention devices, and escape routes.

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

6. Manage and store mandatory information, and provide complete mandatory information to relevant Provincial Departments of Transport, Vietnam Maritime Administration, Vietnam Inland Waterways Administration, and relevant Port Supervision Authorities upon request.

Mandatory information includes: information about the vessel's arrival and departure times from ports and wharves, the vessel's itinerary, passenger list, crew list, and service staff list on the vessel for each trip, and must be stored for one year.

7. Notify in writing to the Provincial Department of Transport and relevant Port Supervision Authorities, and notify at the ports and wharves where passengers are picked up and dropped off:

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

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

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

8. Notify the relevant Port Supervision Authorities and related agencies and units about vessel incidents during the voyage.

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

10. Other obligations are prescribed in Clause 2, Article 82 of the Law on Inland Waterway Transport.”

3. Amend Article 8 as follows:

“Article 8. Procedures for Entering and Departing Ports and Wharfs for High-Speed Passenger Ships

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

2. Procedures for entering and leaving ports are carried out in accordance with maritime laws.”

4. Amend and supplement Article 11 as follows:

“Article 11. Obligations of organizations and individuals transporting persons, luggage, and parcels without commercial purposes

1. Require the captain, driver of the means of transport carrying persons, luggage, and parcels without commercial purposes to pick up and drop off passengers at inland waterway ports and wharfs that have been announced for operation, and not engage in passenger transportation business.

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

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

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

5. Amend Article 15 as follows:

“Article 15. AIS Equipment on Ships

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

6. Amend and supplement Article 16 as follows:

“Article 16. Handling Accidents in Port Waters, Wharfs, and Inland Waterways

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

7. Amend and supplement Article 17 as follows:

“Article 17. Handling Accidents in Sea Port Waters and Shipping Channels

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

8. Amend and supplement Article 18 as follows:

“Article 18. Temporary suspension of operations for vessels

Departments of Transport, Regional Inland Waterway Administration Branches, and relevant Port Authorities shall suspend operations when they discover high-speed passenger vessels encountering incidents or accidents affecting the technical safety of the vessel and only allow resumption of operations upon the opinion of the relevant inspection organization confirming that the vessel meets the technical safety conditions for continued operation.

9. Amend and supplement Clause 2, Article 21 as follows:

“2. Report to the Ministry of Transport issues related to vessels under their assigned responsibilities.”

Article 3. Effectiveness

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

2. Replace Appendices I, II, III, IV issued together with Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger, luggage, and parcel transportation on inland waterways with Appendices I, II, III, IV issued together with this Circular.

3. Abolish the following provisions:

a) Articles 5, 6, 7 of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger, luggage, and parcel transportation on inland waterways;

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

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

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

Article 4. Organization of Implementation

The Head of the Ministry’s Office, the Inspector General, Heads of Departments, Directors of the Vietnam Inland Waterway Administration, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inspection Corporation, Directors of Departments of Transport, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.