Circular No. 77/2015/TT-BGTVT on passenger and baggage transportation on urban rail

CIRCULAR

Provisions on passenger and luggage transportation on urban rail transit.councillORS

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Based on the Civil Code dated June 14, 2005;

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to Decree No. 14/2015/NĐ-CP dated February 13, 2015 of the Government detailing the implementation of certain provisions of the Law on Railways;

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 Railway Administration,

AND trThe Ministry of Transport issues this Circular on passenger and luggage transportation on urban rail transit.intention This Circular applies to organizations and individuals related to passenger and luggage transportation on urban rail transit.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates provisions on passenger and luggage transportation on urban rail transit.

Article 2. Applicability

This Circular applies to organizations and individuals related to passenger and luggage transportation on urban rail transit.

Article 3. Explanation of Terms

1. Urban rail transit business enterprises are units directly operating and managing urban rail transit lines, hereinafter referred to as enterprises.

2. Luggage is personal belongings and goods of passengers permitted to be brought into stations and onto trains for the same journey.

3. The route guidance board is a display board installed at stations and on carriages providing information about the route including all urban rail transit stations on the line for passengers' reference.

4. Passenger ticket is evidence of the conclusion of a passenger transport contract, hereinafter referred to as ticket.

5. Hazardous goods are items listed in the hazardous goods catalog established by competent authorities.

Chapter II

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN URBAN RAIL TRANSIT TRANSPORTATION

Article 4. Rights of urban rail transit business enterprises

1. Require passengers to have valid tickets when boarding trains.

2. Inspect luggage before bringing it into stations and onto trains. In cases of doubt regarding safety, they may request passengers to open their luggage for inspection.

3. Have the right to refuse transportation of passengers in the following cases:

a) Carrying luggage exceeding the allowed quantity, weight, size, and items not permitted to be brought into stations and onto trains as stipulated in Articles 10 and 11 of this Circular;

b) Children under six years old, or those whose age cannot be determined but are shorter than 1.15 meters without an adult accompanying them;

c) Drunk persons; persons with mental disorders; persons with infectious diseases; persons with illnesses that doctors advise against traveling or who may pose a danger to themselves during travel (except when accompanied by someone who can supervise them and when persons with infectious diseases are safely isolated);

d) Passengers engaging in behavior disrupting public order, hindering the work of enterprises, threatening the lives, health, and property of other passengers, or failing to ensure safety during the journey.

Article 5. Obligations of urban rail transit business enterprises

1. Provide services ensuring safety, convenience, smoothness, and punctuality.

2. Announce and publicly post relevant regulations concerning passenger and luggage transportation on urban rail transit through mass media and route guidance boards placed at stations so that passengers understand and comply with them.

3. In addition to arranging staff and installing equipment at urban rail transit stations and on trains in accordance with legal provisions, enterprises must also fulfill the following requirements:

a) Deploy specialized forces equipped with appropriate means and tools to perform security and safety checks on passengers and luggage entering stations and boarding trains to ensure safety, order, and security on trains and at stations;

b) Establish and publicly announce a hotline number to receive and handle passenger feedback on service quality;

c) Install signs and guidance boards for passengers at entry and exit points, emergency exits; carriages must be equipped with loudspeakers, route guidance boards, and urban rail transit network maps in both Vietnamese and English;

d) Publicly post and announce the list of prohibited luggage items that passengers are not allowed to bring into stations and onto trains.

4. Serve passengers politely and assist disabled persons, elderly people, children, and pregnant women in entering and exiting stations and trains conveniently.

5. Refund ticket fees, compensate for losses, and cover additional costs resulting from enterprise errors causing harm to passengers' health and property.

6. Specify procedures for storing, preserving, and returning passengers' forgotten luggage on trains and at stations.

7. Develop and publicly announce service quality standards for passengers to know.

8. Enterprise regulations on passenger and luggage transportation must comply with this Circular and other relevant legal provisions and must be publicly announced.

9. Comply with and facilitate state management agencies with the authority to inspect the implementation of regulations on passenger and luggage transportation on urban rail transit.

Article 6. Insurance Liability in Urban Railway Business

1. The enterprise shall be responsible for purchasing civil liability insurance in accordance with the provisions of the Law on Insurance Business and passenger insurance (the insurance fee is included in the passenger ticket price).

2. The passenger ticket serves as evidence for payment of insurance money when an insured event occurs.

3. The insurance for passengers shall be carried out in accordance with the provisions of the law on insurance business.

Article 7. Rights of Passengers on Urban Railway Trains

1. To be served according to the announced service standards and quality of the enterprise.

2. In the following cases, passengers have the right to refuse to board the train and request the enterprise to refund the ticket price in accordance with Article 17 of this Circular:

a) The enterprise violates regulations on safe train operation that may directly or indirectly endanger life or health; causing damage or loss of luggage.

b) The enterprise operates trains more than "5 minutes" late from the schedule without prior notice to passengers.

3. To be compensated for damages caused by technical errors of the enterprise affecting the health or life of passengers.

Article 8. Responsibilities of Passengers on Urban Railway Trains

1. To purchase tickets in accordance with the enterprise's regulations and keep them until the final station of the journey; present valid tickets and documents to the enterprise upon request for inspection when entering or leaving stations, or on the train.

2. When buying incorrect or insufficient tickets according to regulations, passengers are responsible for reporting to the enterprise to exchange for correct tickets or pay the full fare for the journey as stipulated by the enterprise.

3. To comply with the enterprise's regulations, internal rules, instructions within stations, on trains, and guidance from service staff at stations; children under six years old, or those whose age cannot be determined but are shorter than 1.15 meters must be accompanied by an adult.

Chapter III

PASSENGER AND LUGGAGE TRANSPORTATION

Article 9. Provisions on Violations at Stations and on Trains

1. Not complying with laws or enterprise regulations that directly or indirectly threaten the safety of railway operations, environmental hygiene of urban railways; harassing passengers or staff on trains or in stations; violating public order and causing public disorder as provided by law.

2. The enterprise must publicly display regulations on violations at stations and on trains in visible locations for passengers to know and follow.

Article 10. Luggage Allowed to Be Carried into Stations and onto Trains

1. Types of luggage not violating the provisions of Article 11 of this Circular.

2. The quantity, size, and weight of luggage allowed to be carried into stations and onto trains are regulated and publicly displayed by the enterprise.

Article 11. Luggage Not Allowed to Be Carried into Stations and onto Trains

1. Hazardous goods.

2. Weapons and support tools without valid usage permits.

3. Items causing unsanitary conditions or dirtiness in carriages.

4. Corpses or bones.

5. Prohibited goods.

6. Large items obstructing movement on trains or damaging carriage equipment.

7. The enterprise specifies types of live animals not allowed to be carried and other relevant regulations concerning the transportation of live animals.

Article 12. Storage and Inspection of Personal Luggage

1. Passengers shall be responsible for storing their personal luggage.

2. When there is suspicion that personal luggage brought into the station or onto the train violates the provisions of Articles 10 and 11 of this Circular, the enterprise has the right to request inspection of passengers' luggage on the train. If it is found that the passenger's luggage does not comply with regulations, it shall be handled according to the provisions of Article 21 of this Circular.

Article 13. Limitation or Suspension of Transport

1. The enterprise must announce and publicly post at the station all cases of limitation or suspension of transport so that passengers are aware.

2. In cases of limitation or suspension of transport, the enterprise shall have the responsibility to publicly announce and clearly state the reasons for the limitation or suspension of transport to passengers at relevant stations and may implement one or simultaneously the following contents:

a) Limiting or stopping the sale of tickets to passengers;

b) Limiting the sections, directions, and number of trains carrying passengers.

Chapter IV

PASSENGER TICKETS

Article 14. Provisions on Passenger Tickets

1. A valid ticket is a ticket issued by the enterprise, containing all necessary information consistent with the regulations applicable to each type of ticket.

2. The enterprise shall have the responsibility to guide and specify for passengers the method of using tickets; the provisions regarding valid and invalid tickets; and the regulations and guidance on how to handle any issues arising for passengers.

Article 15. Types of Tickets and Ticket Prices

The types of tickets and ticket prices are regulated by the People's Committee of provinces and centrally-run cities with urban rail transit.

Article 16. Sale of Tickets

Tickets are sold at ticket sales locations (with staff or automatic ticket vending machines); the time and location of ticket sales are regulated by the enterprise.

Article 17. Refund of Tickets

1. Passengers who have purchased tickets but do not need to travel can return the tickets.

2. The enterprise shall specify the procedures for returning tickets by passengers.

Article 18. Reduction in Ticket Prices

The enterprise shall be responsible for implementing reductions in ticket prices for social policy beneficiaries when traveling by train in accordance with the law and the enterprise's regulations (if any).

Article 19. Ticket Inspection

Passengers must enter or exit the station at designated locations to have their tickets inspected. Ticket inspection is regulated and implemented by the enterprise.

Chapter V

HANDLING ISSUES IN URBAN RAILWAY PASSENGER TRANSPORT AND LUGGAGE

Article 20. Handling When Passengers Enter the Station Without a Ticket or With an Invalid Ticket

1. In the following situations, passengers will be considered to be in violation and subject to handling, specifically:

a) No ticket;

b) An invalid ticket.

2. The enterprise shall specify the form of handling for violations under Clause 1 of this Article.

Article 21. Handling in Cases Where Personal Luggage Not Allowed to Be Brought Into the Station or Onto the Train

When personal luggage brought into the station or onto the train falls under the category of luggage not allowed to be brought in, it shall be handled as follows:

1. Discovered at the departure station: the enterprise shall refuse transportation.

2. Discovered during transportation, it shall be handled as follows:

a) If dangerous goods belonging to the category of luggage not allowed to be brought in are discovered while the train is running, the enterprise must refuse further transportation and immediately remove the luggage and the passenger carrying it to the nearest station where the train is currently docked or the nearest upcoming station for further handling;

b) If the luggage belongs to the category not allowed to be brought in but is not dangerous goods, it may be transported to the destination station and further handled at the destination station.

3. In cases where personal luggage not allowed to be brought into the station or onto the train falls under the category of dangerous goods threatening the safety of train operation, in addition to handling according to the provisions of Clauses 1 and 2 of this Article, the enterprise must immediately inform relevant authorities to handle the situation.

4. When there is an order from a competent state authority to seize luggage, the enterprise must prepare a record of the incident and hand over the specific items to the representative of the authority issuing the seizure order.

5. In addition to being subject to measures imposed by competent state authorities, passengers violating the provisions of Clauses 1 and 2 of this Article must also:

a) Pay the full fare for the entire distance already traveled for the entire amount of luggage according to the enterprise's regulations;

b) Compensate for all losses caused by the violation;

c) Pay any additional expenses incurred (if any).

Article 22. Handling when train operations are suspended due to natural disasters and other force majeure reasons

1. Stopping train operations along the route

The enterprise must ensure transportation to bring passengers to the nearest station to safely and conveniently disembark from the train and must refund the unused portion of the ticket fare to the passengers.

2. In cases where passengers must disembark from the train at stations along the route due to the suspension of train operations, the enterprise must refund the unused portion of the ticket fare to the passengers.

3. The enterprise shall specify in detail the procedures for refunding the unused portion of the ticket fare to passengers as stipulated in Clause 1 and Clause 2 of this Article.

4. For passengers who request to continue their transport from the nearest station specified in Clause 1 of this Article or from the station along the route specified in Clause 2 of this Article to other stations that the enterprise can serve, the enterprise may charge the passenger the fare for the transportation segment.

Article 23. Handling in cases of damage caused by acts of vandalism affecting train operations

In cases where passengers engage in acts of vandalism affecting train operations, in addition to being subject to legal penalties, the passengers must also compensate for damages caused by their actions.

Chapter VI

RESPONSIBILITIES OF MANAGEMENT AUTHORITIES

Article 24. Responsibilities of the Vietnam Railway Administration

1. To take the lead and coordinate with provincial People's Committees directly under the Central Government having urban railways, enterprises, and relevant agencies to disseminate this Circular to related organizations and individuals.

2. To organize implementation and inspection within its authority over enterprises and organizations and individuals related to the implementation of the provisions of this Circular.

Article 25. Responsibilities of provincial People's Committees directly under the Central Government having urban railways

1. To manage and operate urban railway transportation; to urge and inspect enterprises in implementing the provisions of this Circular.

2. To propose adjustments and supplements to the contents of the provisions of this Circular during implementation to suit actual conditions, thereby improving service quality for passengers and creating favorable conditions for enterprises in business activities.

Chapter VII

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from February 1, 2016.

Article 27. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, units, and related individuals are responsible for enforcing this Circular.