Circular No. 61/2015/TT-BGTVT on inland waterway cargo transportation

CIRCULAR

Regulations on inland waterway cargo transportation

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

Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Traffic and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic;

Pursuant to Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government on conditions for inland waterway transportation business;

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

At the proposal of the Director of the Transport Department and the Director of the Vietnam Inland Waterways Administration,

The Minister of Transport hereby promulgates this Circular on inland waterway cargo transportation.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates activities related to cargo transportation, loading, unloading, delivery, receipt, and storage on inland waterways.

Article 2. Applicability

1. This Circular applies to organizations and individuals involved in cargo transportation, loading, unloading, delivery, receipt, and storage activities on inland waterways.

2. This Circular does not apply to dangerous goods transportation.

Article 3. Explanation of Terms

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

1. Cargo means any property, including containers, pallets, skids, packing materials, or similar transport and packaging equipment provided by organizations or individuals other than those engaged in cargo transportation.

2. Packages include bags, boxes, cases, crates, and containers holding cargo.

3. The loader/unloader is an organization or individual operating cargo loading/unloading services at inland waterway ports and wharfs.

4. The cargo loader/unloader lessee is an organization or individual entering into a cargo loading/unloading contract with the loader/unloader.

5. The cargo keeper is an organization or individual operating cargo storage services at inland waterway ports and wharfs.

6. The cargo keeper lessee is an organization or individual entering into a cargo storage contract with the cargo keeper.

7. The consignee is an organization or individual named as the recipient on the cargo waybill.

8. Oversized cargo refers to cargo with actual dimensions that cannot be disassembled, having a width exceeding 10 meters, length over 40 meters, or height above 4.5 meters.

9. Overweight cargo refers to indivisible cargo with a total weight exceeding 100 tons.

10. Ports and wharfs include inland waterway ports and wharfs, and port wharfs within seaports officially announced and permitted by competent authorities.

Article 4. Cargo packages

Cargo packages must comply with specifications and standards; be durable; clearly marked with symbols, codes, weights, and dimensions; ensure safety during transportation, loading, and unloading.

Chapter II
INLAND WATERWAY CARGO TRANSPORTATION

Article 5. Obligations of cargo transportation business operators

1. Issue the cargo waybill according to the model attached as Appendix I to this Circular after the cargo has been fully loaded onto the conveyance.

2. Transport the cargo to the destination and ensure the transportation time as agreed in the contract with the cargo lessee.

3. Other obligations as prescribed in Clause 2 of Article 87 of the Law on Inland Waterway Traffic.

Article 6. Rights of cargo transportation business operators

1. Request the cargo lessee to open packages for inspection if there is doubt about the authenticity of the declared type of cargo.

2. Refuse to transport packages containing cargo that do not meet the conditions stipulated in Article 4 of this Circular and prohibited types of cargo.

3. Demand payment for cargo storage on the conveyance caused by the fault of the cargo lessee or the consignee.

4. Other rights as prescribed in Clause 1 of Article 87 of the Law on Inland Waterway Traffic.

Article 7. Obligations of the Freight Transport Lessee

1. Provide necessary documents, materials, and other relevant information about the goods and ensure the legality of the goods.

2. Appoint persons directly to hand over and receive the goods from the freight transport business operator, except where otherwise agreed.

3. In cases where there is a person escorting the goods, the escort must have knowledge of the characteristics of the goods, measures for handling the goods during transportation, and compliance with the rules of the means of transport.

4. Determine the moisture content of the goods at the loading and unloading points to calculate the weight of the goods for those goods whose moisture content affects their weight, except where otherwise agreed.

5. Other obligations as stipulated in Clause 2, Article 88 of the Law on Inland Waterway Transport.

Article 8. Rights of the Freight Transport Lessee

1. Request the freight transport business operator to take additional measures to ensure the stability and safety of the goods.

2. Request the freight transport business operator to confirm the quantity and seal the goods that they send.

3. Other rights as stipulated in Clause 1, Article 88 of the Law on Inland Waterway Transport.

Article 9. Transportation Time

The transportation time for a single trip is calculated from when the goods are fully loaded onto the means of transport, the freight transport lessee completes all invoices and related documents and hands them over to the freight transport business operator, until the means of transport arrives at the delivery point, the freight transport business operator has completed all port and wharf procedures, and the freight transport lessee has received notification from the freight transport business operator that the means of transport has arrived at the port or wharf.

Article 10. Resolution of Incidents During Transportation

1. In case goods exhibit spontaneous combustion, leakage, or breakage, the freight transport business operator must implement measures to prevent such incidents to protect people, goods, and the means of transport, including removing part or all of the goods; simultaneously, they must prepare a report with confirmation from the escort (if there is an escort), certification from local authorities or inland waterway traffic police or inland waterway inspection authority or maritime inspection authority (hereinafter referred to collectively as the Inspection Authority) where the incident occurred, and notify the freight transport lessee. Costs arising from the party at fault shall be responsible. If neither party is at fault or if the incident is due to force majeure, each party shall bear its own costs and losses arising from the incident.

2. In case goods are found to be inconsistent with the declaration by the freight transport lessee

a) Discovered before transportation: if the goods are hazardous or prohibited from circulation, they must be brought ashore and the freight transport business operator must inform the Inspection Authority or the competent authority to handle according to the law. The freight transport lessee must bear responsibility and pay all resulting costs;

b) Discovered during transportation: if the goods are ordinary, the freight transport business operator must inform the freight transport lessee and continue transporting to the delivery point, the freight transport lessee must pay all resulting costs (if any); if the goods are hazardous or prohibited from circulation, the freight transport business operator must inform the freight transport lessee to resolve the issue; the freight transport lessee must pay all resulting costs and losses to the freight transport business operator and bear all costs caused by transporting hazardous goods, while the freight transport business operator must inform the Inspection Authority or the competent authority at the arrival port or wharf to handle according to the law.

3. In case the means of transport is requisitioned by a competent authority's order, the captain or driver of the means of transport must inform the freight transport business operator and the freight transport lessee to cooperate in implementation. Incidents arising from the requisition of the means of transport shall be resolved in accordance with current laws.

Article 11. Approval Procedure for Transport Plans of Oversized or Overweight Cargo

1. Organizations or individuals submit one (1) set of application files for approval of transport plans for oversized or overweight cargo on inland waterways directly or through postal services or other appropriate means to: The Vietnam Inland Waterway Administration or Regional Inland Waterway Branch (for inland waterway vessels departing from inland waterway ports and traveling on inter-provincial inland waterway routes), Provincial Department of Transportation (for inland waterway vessels departing from inland waterway ports and traveling on intra-provincial inland waterway routes), Vietnam Maritime Administration or Maritime Branch (for inland waterway vessels departing from seaports) (hereinafter referred to as the competent authority for approval). The file includes:

a) An application form for approval of transport plans for oversized or overweight cargo on inland waterways according to the model attached as Appendix II to this Circular;

b) A transport plan for oversized or overweight cargo according to the contents specified in Appendix III issued together with this Circular.

2. The competent authority for approval receives, examines the file and processes it as follows:

a) In cases where the file is submitted directly, if the file is complete, issue a receipt for the file and schedule the result delivery within the prescribed time limit; if the file is incomplete according to regulations, return it immediately and guide organizations or individuals to complete the file again;

b) In cases where the file is received through postal services or other appropriate means, if the file is incomplete according to regulations, within one working day from the date of receiving the file, the competent authority for approval shall send a written request to organizations or individuals to supplement and complete the file;

c) Within two working days from the date of receiving the complete file according to regulations, the competent authority for approval is responsible for organizing the examination and approval of the transport plan for oversized or overweight cargo according to the model attached as Appendix IV to this Circular and send it to organizations or individuals for implementation. In case of non-approval of the plan, there must be a written response stating the reasons. Organizations or individuals are not required to pay fees or charges for the approval of the transport plan.

Chapter III
LOADING, UNLOADING, STOWAGE AND STORAGE OF CARGO

Article 12. Obligations and Rights of Persons Loading and Unloading Cargo

1. Properly carry out loading and unloading procedures for each type of cargo; ensure safety for people, vessels, cargo, and equipment during the loading and unloading process.

2. Be responsible for loading and unloading cargo according to the cargo layout diagram or the captain's instructions.

3. Ensure the agreed-upon time for loading and unloading cargo, except in cases of different agreements.

4. Persons loading and unloading have the right to refuse to load or unload packages containing cargo that does not meet the conditions stipulated in Article 4 of this Circular.

Article 13. Obligations and Rights of Persons Hiring Loading and Unloading Services

1. Prepare cargo strictly in accordance with the agreement made with the persons loading and unloading.

2. Provide information about the cargo to the persons loading and unloading before loading and unloading according to the agreement.

3. Demand compensation when the persons loading and unloading fail to comply with the contract signed with them.

Article 14. Time for Loading and Unloading Goods

In cases where the carrier and the cargo owner have not reached a different agreement, the time for loading and unloading goods shall be calculated as follows:

1. The time for loading goods shall be counted from when the means of transport arrives at the port or wharf and the cargo owner has received the notification from the carrier until the goods are fully loaded onto the means of transport and the cargo owner has signed to confirm on the waybill.

2. The time for unloading goods shall be counted from when the means of transport arrives at the port or wharf and the carrier has notified the cargo owner until the cargo owner has completely unloaded the goods from the means of transport and the cargo owner has signed to confirm on the waybill.

Article 15. Methods of Delivery and Receipt of Goods

1. Based on the contract and waybill, the delivery and receipt of goods shall be carried out according to the principle that the method of receiving goods shall be the same as the method of delivering goods.

2. The methods of delivery and receipt of goods include:

a) Delivery and receipt by number of packages or units;

b) Delivery and receipt by sealed hold;

c) Delivery and receipt by weight (weighing the entire load or sampling by ratio) or volume (measuring cubic meters or measuring by liters);

d) Delivery and receipt by draft, with both parties agreeing to determine the density of water at the loading and unloading locations.

Article 16. Liability for Delivery and Receipt of Goods

1. The delivery and receipt of goods shall be conducted through the side of the means of transport. The side of the means of transport serves as the boundary to determine whether the goods fall under the responsibility of the cargo owner or the carrier, except in cases where there is a different agreement.

2. Regulations on liability in cases of delivery and receipt of goods.

a) In the case of loading goods, if the goods are within the range from the side of the means of transport towards the interior of the means of transport, such goods shall be considered delivered to the carrier and fall under the carrier's responsibility; if the goods are outside the range of the side of the means of transport, such goods shall be considered undelivered to the carrier and fall under the cargo owner's responsibility;

b) In the case of unloading goods, if the goods are within the range from the side of the means of transport towards the interior of the means of transport, such goods shall be considered undelivered to the recipient and fall under the carrier's responsibility; if the goods are outside the range of the side of the means of transport, such goods shall be considered delivered to the recipient and fall under the cargo owner's responsibility;

c) In the event of damage, spillage, or breakage of goods during loading and unloading due to the fault of one party, that party shall bear the responsibility;

d) In the event that loading and unloading must be stopped to resolve disputes over delivery and receipt of goods, the party at fault shall pay for the resulting expenses.

Article 17. Resolution of Incidents in Delivery and Receipt of Goods

1. When delivering goods by number of packages or units, if the packages or units remain intact or the seals are still intact, the carrier shall not be responsible for the weight, volume, or condition of the goods inside.

2. When delivering goods by sealed hold or sealed packages, if the seals remain intact, the carrier shall not be responsible for the goods. If the seals are not intact, the carrier shall be liable for any damage, shortage, or loss of the goods, except in cases of force majeure.

Article 18. Handling Damaged Goods or Expiry of Storage Period at Warehouses or Terminals

1. When goods stored at warehouses or terminals of ports or wharfs exhibit signs of self-damage or damage due to force majeure, the custodian must promptly take measures to address the issue and immediately inform the lessee of storage. If within six hours from the time of receiving the information (as confirmed by the lessee's signature or by the post office's date and time confirmation), the lessee does not provide feedback, the custodian has the right to request the competent authority to prepare a record and handle the situation; the lessee shall bear the resulting costs.

2. During loading and unloading, if the packaging is damaged below the specified level or agreed upon, the lessee of loading and unloading shall be responsible for collecting and repackaging the goods and bearing the resulting costs. If the damage exceeds the specified level or agreement, the party at fault shall bear the resulting costs.

3. In cases where goods stored at warehouses or terminals of ports or wharfs exceed the contractual storage period, if the custodian wishes to move or collect the goods, they must notify the lessee of storage in advance. Within fifteen days from the receipt of the notification (as confirmed by the lessee's signature or by the post office's date and time confirmation), if the lessee does not respond, the custodian has the right to move and collect the goods, and the lessee of storage shall bear the resulting costs.

Chapter IV
DISPUTE RESOLUTION AND COMPENSATION

Article 19. Cases Due to Fault of the Transport Business Operator

1. If the vessel fails to depart on time as stipulated, the transport business operator shall be responsible for informing the lessee of transport and the escort of goods (if any) and shall bear all resulting costs during the vessel's stay in port waters.

2. If the vessel breaks down during its journey and cannot continue, the captain must take every measure to bring the vessel and goods to the nearest safe port or wharf, inform the transport business operator, and follow the regulations below:

a) If the vessel requires repair but can still deliver the goods according to the agreed time, the transport business operator shall be responsible for informing the lessee of transport and bearing all resulting costs;

b) If the vessel requires repair and cannot deliver the goods according to the agreed time, the transport business operator shall inform both the lessee of transport and the consignee; the transport business operator shall negotiate with the lessee of transport and the consignee regarding the delivery time and bear all resulting costs and compensation for failing to fulfill the transportation contract;

c) If the goods need to be transferred to another vessel, the transport business operator shall inform both the lessee of transport and the consignee; the transport business operator shall be responsible for ensuring the safety of the quantity and quality of the goods during the transfer process, all resulting costs, and any legal consequences under the contract and applicable laws.

Article 20. Cases Due to Fault of the Lessee of Transport

After the transport business operator has completed the procedures to enter the port or wharf and the lessee of transport has been notified of the vessel's arrival, if the lessee of transport fails to load or unload goods according to the agreed time, the lessee of transport shall pay the excess days to the transport business operator as stipulated in the bilateral agreement.

Article 21. Force Majeure Cases

1. When the means of transport has not yet departed, the wharf operator must immediately inform the cargo consignee and the cargo receiver about the temporary suspension of the transportation; in case of cancellation of the transportation, the transport business operator shall refund the entire prepaid freight charges.

2. When the means of transport is underway

a) In the event that the means of transport must travel on a longer route, the transport business operator shall not collect additional freight charges as stipulated in the contract or shipping document;

b) In the event that the goods must be transferred to another means of transport, the transport business operator must notify the cargo consignee and the cargo receiver. The transport business operator shall bear all resulting costs;

c) In the event that further journey cannot be continued and the means of transport must return to the nearest port or departure port, the cargo consignee or cargo receiver shall not pay additional freight for the return journey; the transport business operator shall refund the freight corresponding to the untraveled distance (if already received); other incidental costs shall be handled according to the agreed contract terms or in accordance with current laws.

Article 22. Compensation for Lost or Damaged Goods

1. In cases where goods are damaged or lost due to the fault of the transport business operator, the loading/unloading personnel, or the goods custodian, compensation shall be made according to the following provisions:

a) For goods declared in the shipping document, compensation shall be made based on the declared value; if the transport business operator can prove that the actual loss is lower than the declared value, compensation shall be made based on the actual loss.

b) For goods not declared in the shipping document, compensation shall be made based on the average value of similar goods in the area where the goods are delivered;

c) According to the level agreed upon by both parties.

2. In cases where goods are partially damaged or lost due to the fault of the transport business operator, the loading/unloading personnel, or the goods custodian, compensation shall be made for the damaged or lost portion; if the damage or loss leads to total damage or unusability, full compensation shall be provided.

3. In addition to compensating for losses under the provisions of Clause 1 of this Article, the transport business operator, loading/unloading personnel, and goods custodian must also refund the freight or surcharges for the damaged goods to the cargo consignee, loading/unloading consignee, and goods custodian.

Article 23. Dispute Resolution

1. During inland waterway cargo transportation, if incidents occur affecting the interests of the parties involved, they shall resolve disputes through negotiation and mediation.

2. If agreement cannot be reached, the parties may request arbitration or file a lawsuit at court. The procedures and processes for dispute resolution shall be carried out in accordance with the law.

Chapter V
IMPLEMENTATION

Article 24. Effective Date

1. This Circular takes effect from January 1, 2016.

2. Repeal Decision No. 33/2004/QĐ-BGTVT dated December 21, 2004 issued by the Minister of Transport regarding regulations on inland waterway cargo transportation.

Article 25. Implementation organization

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

ANNEX 1

(Issued together with Circular No. 61/2015/TT-BGTVT dated November 2, 2015 of the Minister of Transport)

ANNEX 2

(Pursuant to Circular No. 61/2015/TT-BGTVT dated November 2, 2015 issued by the Minister of Transport)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

…, date……month……year……

PETITION FOR APPLICATION

Approving the transportation plan for oversized and overweight cargo on inland waterways

To: …(name of competent authority for approval)……

- Name of organization or individual requesting:

- Address:

- Telephone number: …; Fax/email:

- Business registration certificate number: …dated

- Issuing authority:

1. Means of transport

1.1. Self-propelled means of transport

1. Name of means of transport …registration number:

- Engine power (horsepower)

- Length: (m)

- Width: (m)

- Height of means of transport without lowering: (m)

- Draft (m)

- Load capacity (tons)

1.2. Towboat or pushboat

- Name of means of transport …registration number:

- Power (horsepower)

- Length: (m)

- Width: (m)

- Height of means of transport without lowering: (m)

- Draft (m)

- Load capacity (tons)

- Name of barge …registration number:

- Length: (m)

- Width: (m)

- Height of barge without lowering: (m)

- Draft (m)

- Load capacity (tons)

2. Type of oversized or overweight cargo being transported

- Type of goods:

- Weight of goods requested to be carried (tons)

- Length of type of goods being transported (m)

- Width of type of goods being transported (m)

- Height of type of goods being transported (m)

3. Transportation route

- Departure port or wharf

5. List of sports activities for business operation (specify the sports activities for business operation) …

- Inland waterway routes to be traveled

- Arrival port or wharf

5. List of sports activities for business operation (specify the sports activities for business operation) …

4. Proposed implementation period: from……date……month……year……to……date……month……year……

5. Commitments: The organization or individual engaged in transportation business commits to strictly comply with the Law on Inland Waterway Traffic and other relevant laws.

ANNEX 3

(Pursuant to Circular No. 61/2015/TT-BGTVT dated November 2, 2015 issued by the Minister of Transport)

TRANSPORTATION PLAN FOR OVERSIZED AND OVERWEIGHT CARGO ON INLAND WATERWAYS

I. Name of organization or individual:

II. Content of the plan

1. Determination of width, depth, radius of curvature of the channel; clear height of structures crossing the river on the proposed transportation route.

2. Description of the location and topography of the place where oversized and overweight cargo is loaded and unloaded.

3. Description of the type of oversized or overweight cargo to be transported; description of the size of the cargo when loaded onto the inland waterway vessel or barge.

4. Guidance on ensuring traffic safety and support requirements (if any).

5. Inland waterway route for the inland waterway vessel transporting cargo.

6. Time and location of rest stops during the journey.

ANNEX 4

(Pursuant to Circular No. 61/2015/TT-BGTVT dated November 2, 2015 issued by the Minister of Transport)

DECISION APPROVING THE TRANSPORTATION PLAN FOR OVERSIZED AND OVERWEIGHT CARGO ON INLAND WATERWAYS

Pursuant to …;

Regarding the approval of the plan …

Article 1 …………………………………………. (5)

Article 2 …………………………………………. (5)

Article 3 …………………………………………. (5)

………………………………………………………………/.

________________________________________________________________

Note:

(1) Name of direct supervising authority (if any).

(2) Name of issuing agency.

(3) Abbreviation of the name of the issuing agency.

(4) Place name.

(5) Content of the Decision approving (including the effective date of the decision).

(6) Record rights and duties of the signatory such as Director General, Department Director, if the signatory is a deputy head of the agency or organization, then write the abbreviation "KT" before the position of the head, below record the position of the signatory.

(7) Abbreviation of the drafting unit and number of copies to be filed.

(8) Signature of typist, duplicator and number of copies to be distributed (if necessary).