Circular No. 78/2014/TT-BGTVT on passenger transport, luggage, and parcels by national railway

CIRCULAR

Article 24regulations on passenger transport, luggage, and parcels on national railways;

 sent on national railwaysa

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Pursuant to the Railway Law dated June 14, 2005;

Based on the Civil Code dated June 14, 2005;

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;

Pursuant to Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government detailing the implementation of certain provisions of the Railway Law and Decree No. 03/2012/NĐ-CP dated January 19, 2012 of the Government amending and supplementing certain provisions of Decree No. 109/2006/NĐ-CP dated September 22, 2006 of the Government;

At the proposal of the Director of the Transport Department and the Director of the Vietnam Railway Administration,

The Minister of Transport issues this Circular regulating passenger transport, luggage, and parcels on national railways;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates passenger transport, luggage, and parcels; rights and obligations of enterprises engaged in passenger transport, luggage, and parcels (hereinafter referred to as enterprises) and passengers, senders of parcels on national railways;

Article 2. Applicability

This Circular applies to enterprises, passengers, senders of parcels, and related organizations and individuals;

Article 3. Explanation of Terms

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

2. Hard ticket is a ticket issued by a passenger and baggage transportation business on the railway in the form of pre-printed tickets.

2. Luggage refers to personal items and goods carried by passengers during the same journey, including hand luggage and checked luggage;

3. Checked luggage refers to personal items and goods sent by passengers on luggage cars of the train on the same route;

4. Parcels refer to goods sent by senders that enterprises agree to transport without the sender necessarily traveling on the same train;

5. The permissible technical load of a carriage is the maximum weight allowed to be transported on the carriage according to the National Technical Regulation on Railway Operation;

6. Force majeure refers to situations occurring objectively, unforeseeably, and unpreventably despite enterprises, passengers, and senders of parcels having applied all necessary measures within their capacity. In railway transportation, force majeure occurs due to natural disasters, enemy actions, epidemics, or social order and security reasons causing traffic disruptions not attributable to the enterprise, passengers, or senders of parcels;

7. Hazardous goods refer to goods listed in the hazardous goods catalog established by competent authorities;

Chapter II

RIGHTS AND OBLIGATIONS IN PASSENGER TRANSPORTATION

LUGGAGE AND PARCELS

Article 4. Obligations of enterprises engaged in passenger transport, luggage, and parcels

1. To display at the transaction locations between enterprises and passengers, senders of parcels, the contents stipulated in this Circular and related documents concerning ticket sales, luggage sending and receiving; to organize explanations and guidance on necessary issues for passengers and senders of luggage and parcels;

2. At stations where passengers are received and seen off, there must be waiting areas, ticket counters, and public notices displayed in easily observable positions containing the following information:

a) Train schedules, ticket prices, freight rates, ticket sale plans. For trains selling tickets through electronic systems, the number of available seats must be announced to passengers;

b) List of prohibited goods from being transported by passenger trains;

c) Enterprise regulations on serving passengers traveling by train;

d) If there is an organization responsible for receiving and delivering checked luggage and parcels, there must be storage facilities for checked luggage and parcels, and freight rates and handling charges for checked luggage and parcels must be displayed;

3. Enterprises must implement inspection and control measures to ensure safety and security for passengers, luggage, and parcels on trains and at stations;

4. Passenger trains must have equipment as prescribed in the National Technical Regulation on Railway Operation;

5. When passenger trains arrive at or depart from stations later than scheduled, representatives of enterprises and train captains must promptly inform passengers and those with relevant rights and obligations;

6. Enterprise regulations on passenger transport, luggage, and parcels must comply with the provisions of this Circular and other relevant laws and must be publicly disclosed;

7. In addition to the obligations stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, enterprises engaged in passenger transport, luggage, and parcels must also fulfill the obligations stipulated in Clause 2 of Article 97 and Article 98 of the Railway Law.

Article 5. Rights of passenger transport enterprises, luggage, and consignment businesses

1. Require passengers, travelers, consignors, and consignees to purchase supplementary tickets when they do not have a ticket or the ticket is invalid.

2. Have the right to refuse or suspend transportation for passengers, luggage, and consignments that already have tickets in the following cases:

a) Passengers, travelers, consignors do not comply with the requirement to purchase supplementary tickets as stipulated in Clause 1 of this Article;

b) Travelers do not comply with the provisions of this Circular, train regulations, and other relevant laws;

c) Children under 10 years old (if age cannot be determined, those shorter than 1.32 meters) without an adult accompanying them;

d) Drunk persons, persons with mental disorders, persons with infectious diseases, persons with illnesses as prescribed by a doctor not to travel or who may pose a danger to themselves when traveling (except in cases where there is someone accompanying them and persons with infectious diseases have been safely isolated);

đ) Due to force majeure or special transportation tasks ordered by competent authorities such as rescue, security, and defense missions;

3. In addition to the rights of enterprises specified in Clauses 1 and 2 of this Article, passenger transport enterprises, luggage, and consignment businesses also have the rights specified in Clause 1 of Article 97 of the Railway Law.

Article 6. Obligations of passengers and consignors

1. Pay fares and other charges as prescribed at the departure station.

2. Pay fares and additional costs incurred when discovered to be unpaid or underpaid.

3. Pay fares and additional costs incurred during transportation that have not been collected or fully collected as prescribed at the arrival station.

4. Passengers traveling on trains must:

a) Possess valid train tickets;

b) Comply with train regulations and other relevant laws;

c) Children aged ten years or younger (if age cannot be determined, those shorter than 1.32 meters) traveling on trains must be accompanied by an adult.

5. Present all valid tickets and documents to railway staff responsible for inspection upon entering and exiting stations, boarding trains, and while onboard.

6. In addition to the obligations specified in Clauses 1, 2, 3, 4, and 5 of this Article, passengers and consignors must also fulfill the obligations specified in Clause 2 of Article 99 of the Railway Law.

Article 7. Rights of passengers and consignors

Have the right to refuse to travel, send luggage, or consignments when:

1. The enterprise violates the provisions of this Circular or other regulations within its responsibility, which could directly or indirectly cause harm to life or health; damage or loss of luggage or consignments belonging to the passenger or consignor.

2. The enterprise does not transport according to the scheduled train and time indicated on the ticket but fails to negotiate with the passenger or consignor to make changes.

In addition to the rights specified in Clauses 1 and 2 of this Article, passengers and consignors also have the rights specified in Clause 1 of Article 99 of the Railway Law.

Chapter III

PASSENGER TRANSPORTATION, PASSENGER TICKETS

Article 8. Passenger Tickets, Checked Luggage, and Consignment Tickets

1. Passenger tickets, checked luggage, and consignment tickets are evidence of the conclusion of transportation contracts for passengers, checked luggage, and consignments. Passenger tickets, checked luggage, and consignment tickets (paper or electronic tickets) shall be issued by enterprises according to models registered with competent state management agencies.

2. A valid ticket is a ticket issued by the enterprise without erasures, alterations, or corrections, containing complete information, and must be used on the correct train and time indicated on the ticket. Any alterations or erasures on the ticket must be confirmed by the enterprise.

3. When using electronic tickets, enterprises must provide detailed instructions and regulations for passengers on how to use them; specify valid and invalid tickets; and provide regulations and guidance on resolving issues such as refunds, ticket exchanges, missed trains, seat changes, and roadblocks to ensure the rights and obligations of passengers and enterprises as with other forms of tickets.

Article 9. Provisions on Selling Passenger Tickets

1. Enterprises must organize ticket sales at multiple locations, several days before the train departure time, through various methods to facilitate ticket purchases for buyers.

2. Depending on specific time periods, seat types, and train types, enterprises shall specify the recording of passengers' surnames, names, and identification numbers (ID cards, passports, driver's licenses, party membership cards, birth certificates for children) on tickets.

Article 10. Reductions and Exemptions on Ticket Prices

Enterprises are responsible for implementing reductions and exemptions on ticket prices for social policy beneficiaries when traveling by train according to the provisions of the law.

Article 11. Purchasing Group Train Tickets

1. Organizations wishing to purchase group train tickets must prepare a list clearly stating the names of each individual in the group and the name of the group leader to coordinate with the enterprise to resolve any issues arising during the journey. The group must travel together on the same train and depart from the same station.

2. When selling tickets, enterprises must issue individual tickets for each member of the group at the corresponding ticket price based on the seat type and train type indicated on the passenger's ticket.

Article 12. Purchasing Full Carriage or Full Car Set Tickets

Organizations and individuals wishing to purchase full carriage or full car set tickets within a train must follow the regulations stipulated in Articles 11 and 15 of this Circular and assume the following responsibilities:

a) Not allowing more passengers than the number of seats in the carriage;

b) Cooperating with the enterprise to manage the number of passengers in the carriage or car set purchased to ensure compliance with all obligations as prescribed in Article 6 of this Circular.

2. When selling tickets, enterprises must issue individual tickets for actual passengers on the carriage or car set.

Article 13. Priority Queue for Buying Train Tickets

The priority queue for purchasing train tickets directly is defined in the following order:

1. Individuals with serious illnesses requiring urgent transfer as determined by health authorities.

2. War invalids and disabled veterans.

3. Persons with disabilities

4. Pregnant women.

5. Individuals traveling with children under 24 months old.

6. Seniors aged 60 years and above.

7. Other priority categories as defined by the enterprise.

Article 14. Additional Tickets

Passengers and travelers in the following cases may purchase additional tickets if the enterprise can meet their requirements without affecting other passengers and in accordance with the enterprise's regulations:

1. Passengers wishing to travel beyond the destination station listed on their ticket.

2. Passengers wishing to upgrade their seat from a lower class to a higher class.

3. Travelers without a ticket or with an invalid ticket.

Article 15. Refunding, Changing, and Canceling Train Tickets

1. Passengers have the right to refund, change, or cancel their tickets before the departure time of the train.

2. Enterprises shall specify the procedures, formalities, deduction rates corresponding to the time of refunding, changing, or canceling tickets, and other relevant contents related to the refunding, changing, or canceling of tickets by passengers.

Article 16. Passenger Ticket Prices, Freight Rates for Luggage and Parcels

Passenger ticket prices, freight rates for luggage and parcels, and other costs shall be announced by enterprises in accordance with the provisions of the law.

Chapter IV

RESOLUTION OF INCIDENTS AND OBSTACLES IN PASSENGER TRANSPORTATION

Article 17. Passengers Stopping at Intermediate Stations Due to Illness

If passengers fall ill and must disembark at an intermediate station, the train conductor shall confirm this so that the passengers can continue their journey on another train or the enterprise shall refund the fare for the unused portion of the journey from the nearest station where the train stops before the final destination listed on the passenger's ticket.

Article 18. Seat Changes on the Train

In cases where the enterprise must change carriages or trains compared to the ticket sales plan already sold to passengers, seat changes shall be handled as follows:

1. If passengers holding higher-class tickets cannot use their reserved seats and must use lower-class seats against their will, the enterprise must refund the difference in fare for the section where the passenger had to use a lower-class seat upon arrival at the destination station without charging any additional fees. The ranking of seats on the train is determined by the enterprise.

2. If passengers with lower-class tickets are unable to use their seats but are provided with higher-class seats by the enterprise, passengers do not need to pay extra.

3. In cases where passengers refuse to change seats, the enterprise must refund the entire ticket fare to the passenger.

Article 19. Loss of Ticket When Traveling by Train

Passengers who lose their tickets when traveling by train shall be responsible for informing the carriage attendant. The loss of ticket shall be handled as follows:

1. Based on the declaration of passengers who have lost their tickets and passenger ticket management data of the train, the Train Captain shall confirm that the passenger has purchased the ticket and lost it, then issue a Confirmation Certificate for the passenger to continue traveling, with the form of the Confirmation Certificate being specified by the enterprise.

2. In cases where it cannot be verified that the passenger had a ticket, the passenger must purchase a supplementary ticket according to the enterprise's regulations or the passenger must disembark at the nearest station where the train stops.

Article 20. Missed Train by Passenger

1. If the passenger misses the train not due to the enterprise's fault, the ticket will no longer be valid for use. The enterprise shall specify specific cases of missed trains due to objective reasons and measures to resolve them to support passengers.

2. If passengers miss their train due to the enterprise's fault, the situation shall be handled as follows:

a) An enterprise representative shall confirm on the ticket and arrange for the passenger to travel on the earliest available train that stops at the destination station indicated on the passenger's ticket. The enterprise shall be responsible for refunding the difference between the fare recorded on the passenger's ticket and the fare for the actual seat class arranged by the enterprise on the train, if the actual seat class provided by the enterprise is higher than the ticket class, the passenger does not need to pay additional money;

b) The passenger may request to change the ticket to travel on another day with a similar type of train as the one originally purchased, and this can only be done once;

c) If the passenger does not continue waiting to travel, the enterprise must refund the full ticket price (if the train is missed at the departure station) or the ticket price for the remaining journey (if the train is missed at an intermediate station);

d) The enterprise specifies the support provided to passengers during waiting time, including meals, drinks, accommodation, and rest.

Article 21. Train Blocked by Obstruction

When there is an incident causing a blockage in train routes, it shall be handled as follows:

1. At passenger boarding stations:

a) The passenger has the right to refuse to travel by train and request the enterprise to refund the ticket price;

b) If the passenger agrees to wait to travel by train, the enterprise must arrange for the passenger to travel on the earliest available train.

2. During transportation:

a) If the passenger wishes to return to the departure station, the enterprise must arrange for the passenger to return by the first available train without paying the ticket price. Upon returning, the passenger may disembark at an intermediate station if the train stops there. The enterprise must refund the ticket price to the passenger for the section from the station where the passenger disembarked to the destination station indicated on the ticket;

b) If the passenger disembarks at a station where the train must stop and requests a refund of the ticket price, the enterprise must refund the ticket price for the section that the passenger did not travel;

c) If the passenger waits at a station where the train must stop to continue its journey, the enterprise must ensure minimum living conditions such as free food and drink for passengers during the waiting time at the station;

d) In cases where the enterprise must organize transfer services, the enterprise must ensure minimum living conditions for passengers as stipulated in point c, Clause 2 of this Article.

3. The deadline for refunding the ticket price shall not exceed 30 days, counted from the date the passenger disembarked.

Article 22. Hand Luggage

1. The weight of hand luggage exempt from freight charges for passengers is stipulated as follows:

a) For passengers purchasing full-price tickets: 20 kg;

b) For tickets with reduced fares for social policy beneficiaries: 20 kg;

c) For promotional tickets: implemented according to the enterprise's regulations;

d) The size and weight of hand luggage must not exceed the enterprise's regulations.

2. Passengers must pay for the transportation of excess hand luggage beyond the limit specified in Clause 1 of this Article.

3. Hand luggage must be properly contained, packed, placed in designated areas on the train, and passengers must take care of and protect their own luggage.

4. Prohibited items to carry include:

b) Live animals;

b) Weapons and auxiliary tools without valid permits;

c) Items causing hygiene issues, making the carriage dirty;

d) Corpses and remains;

e) Goods prohibited from circulation;

e) Live animals (except for pet dogs, cats, birds, and aquarium fish but must be equipped with appropriate facilities to maintain hygiene and not affect surrounding people);

g) Bulky items obstructing movement on the train and damaging car equipment.

Chapter V

CARRIED AND DEPOSITED LUGGAGE TRANSPORT

Article 23. Determination of Goods Name in Checked Baggage

The person sending checked baggage is responsible for accurately recording the name of goods on the consignment declaration form. The sender shall be liable for any consequences resulting from incorrect declaration of the goods name.

Article 24. Conditions for Transporting Checked Baggage

Passengers have the right to send checked baggage on the train they travel with under the following conditions:

1. The passenger has a valid train ticket as prescribed.

2. The baggage is sent to the same station as indicated on the passenger's ticket.

3. The baggage does not belong to the category of prohibited goods for transport by passenger trains or restricted goods.

4. Proper packaging according to regulations. The size and weight of each item must not exceed the enterprise's regulations.

Article 25. Conditions for Transporting Consignments

Consignments transported by train must meet the following conditions:

1. Not belonging to the category of prohibited goods for transport by train or restricted goods;

2. Properly packaged according to the enterprise's regulations.

Article 26. Packaging of Checked Baggage and Consignments

1. Checked baggage and consignments must be securely packed by the sender according to the enterprise's regulations to ensure that they are not damaged, lost, or missing during transportation.

2. The outside of the package of checked baggage and consignments must include the following information:

a) For checked baggage: the passenger's full name, address, and telephone number, fax number (if available);

b) For consignments: the sender's and recipient's full names, addresses, and telephone numbers, fax numbers (if available);

c) Ticket number for checked baggage and consignments;

d) Markings, symbols indicating the characteristics of the goods.

3. Before accepting transportation, the enterprise is responsible for inspecting the goods, packaging, and requesting corrections to comply with regulations. In cases where there is doubt about the authenticity of the goods inside, the enterprise may request passengers or consignment senders to open the packages for inspection.

4. Types of goods that are not required to be packaged include:

a) Motorcycles, electric bicycles, bicycles, baby strollers, specialized vehicles for persons with disabilities;

b) Goods that do not require wrapping and will not be damaged, lost, or affect other types of goods when placed in the same carriage.

Article 27. Weight and Types of Checked Baggage and Consignments

The enterprise publicly lists at stations the types of goods, weights, and maximum quantities accepted for transportation based on the type of train and route.

Article 28. Procedures for Sending Checked Baggage and Consignments

1. When sending checked baggage and consignments, the sender must accurately and completely fill out the consignment declaration form according to the model provided by the enterprise.

2. Passengers and consignment senders are responsible for the legality of the goods in checked baggage and consignments.

3. The enterprise is responsible for checking the packaging, quantity, markings, codes, and symbols indicating the characteristics of the goods and confirming them on the consignment declaration form.

Article 29. Declaration of Value for Checked Baggage and Consignments

Passengers and consignment senders can declare the value of checked baggage and consignments based on purchase invoices or appraisals of the value of goods by authorized agencies.

Article 30. Responsibilities for Loading, Unloading, and Storing Checked Baggage and Consignments

1. The loading, unloading of checked baggage and consignments is the responsibility of the enterprise and fees for loading and unloading are collected according to the enterprise's regulations.

2. During transportation, loading, unloading, and storage, if checked baggage and consignments are damaged or lost due to the enterprise's fault, the enterprise must compensate for the lost or damaged goods according to Article 38 of this Circular, in cases of force majeure, it shall be implemented according to Article 107 Clause 3 of the Railway Law.

Article 31. Reporting of Delivered Checked Baggage

1. When the baggage has been transported to the arrival station, based on information and at the request of the sender, the enterprise must immediately inform the recipient.

2. For checked baggage arriving later than the passenger, the enterprise is responsible for promptly informing the passenger.

Article 32. Delivery of Checked Baggage

1. Upon receiving checked baggage, passengers must return the baggage ticket to the enterprise and hand over the vehicle delivery card to the baggage staff. If the baggage ticket or vehicle delivery card is lost, the passenger must fill out a declaration form detailing their name and address; the name, condition, and characteristics of the baggage; and present a National Identity Card, Passport, or other personal identification documents as prescribed by law.

2. The recipient of the parcel must submit to the enterprise the notification of goods arrival (if any) and present a National Identity Card or an Introduction Letter from the local authority where they reside to complete the procedures for receiving the parcel.

3. The enterprise is responsible for creating the most favorable conditions for passengers and senders to receive their checked baggage and parcels.

Article 33. Time Limits for Transporting and Receiving Checked Baggage and Parcels and Compensation for Violations

1. The time limit for transporting checked baggage and parcels includes the period for acceptance at the departure station, the transportation time, and the period for delivering checked baggage and parcels at the arrival station.

2. The time limit for receiving checked baggage is the period from when the train arrives at the arrival station until the enterprise delivers the checked baggage to the sender.

3. The time limit for receiving parcels is the period from when the enterprise informs the recipient that the parcel has arrived at the arrival station until the enterprise delivers the parcel to the recipient.

4. The enterprise shall specify and publicly announce the time limits set forth in Clauses 1, 2, and 3 of this Article and the procedures and formalities for handling compensation for damages due to violation of the time limits.

5. The standard time limits for transporting and receiving checked baggage and parcels are determined by the enterprise and agreed upon with the sender.

Chapter VI

RESOLUTION OF INCIDENTS AND TRANSPORTATION OBSTACLES

 CHECKED BAGGAGE AND PARCELS

Article 34. Handling Unclaimed Checked Baggage and Parcels

1. The handling of unclaimed checked baggage and parcels shall be carried out in accordance with Article 106 of the Railway Law.

2. For perishable goods in checked baggage and parcels, if there is no claimant after the agreed receipt period, it will be treated as unclaimed goods. The enterprise is exempted from liability for damage or loss of the goods and may proceed with the necessary formalities as prescribed by law.

Article 35. Changing Transportation of Checked Baggage and Parcels

1. After completing the procedures for sending checked baggage and parcels, the sender may change the entire or part of the checked baggage and parcels; change the arrival station or the recipient for parcels but must request before the checked baggage and parcels are loaded onto the train car.

2. The enterprise must handle the sending of checked baggage and parcels.

3. The deadline for requesting changes and other regulations for changing the transportation of checked baggage and parcels are specified by the enterprise.

Article 36. Checked Baggage and Parcels Belonging to Prohibited Goods or Seized Goods

When discovering checked baggage and parcels belonging to prohibited goods or goods not allowed to be transported by passenger trains as stipulated in Clause 4 of Article 22, Clause 3 of Article 24, and Clause 1 of Article 25 of this Circular, the following actions shall be taken:

1. Discovered at the departure station: the enterprise refuses or suspends transportation.

2. Discovered during transportation:

a) For dangerous goods prohibited from being transported by passenger trains, transportation must be suspended and the goods must be immediately unloaded at the current station or the nearest upcoming station for further handling;

b) If the goods are prohibited but not dangerous, transportation can continue to the destination station for further handling.

3. When requested by authorized state agencies to seize checked baggage and parcels, representatives of the enterprise and the train captain must record the incident in a report and hand over the specific items to the representative of the seizing agency. The format of the report is determined by the enterprise. In addition to recording the incident, each case is handled as follows:

a) If the seized goods are at the station:

- At the arrival station: the enterprise informs the recipient to come and resolve the issue;

- At the departure station: if the checked baggage and parcels have not yet been loaded onto the train car, the enterprise is responsible for informing the passenger and the sender to come and resolve the issue; if the checked baggage and parcels have already been loaded onto the train car but the train has not departed, they must be unloaded and the passenger and the sender must be informed to come and resolve the issue.

b) If the train is in operation, transportation can continue to the arrival station and be resolved according to the provisions of point b of Clause 2 and Clause 4 of this Article.

4. In addition to bearing the measures imposed by authorized state agencies, passengers and senders violating the provisions of Clauses 1, 2, and 3 of this Article must also:

a) Pay the freight penalty for the entire quantity of goods transported according to the enterprise's regulations;

b) Compensate for all losses caused by the violation;

c) Any additional costs incurred if applicable.

Article 37. Ships encountering route blockages must cease transportation of checked baggage.

1. Suspension at the Departure Station:

a) If due to force majeure it is impossible to transport, the enterprise shall return the checked baggage and refund the freight charges paid by the sender;

b) If due to the enterprise's fault it is impossible to continue transporting, the enterprise must cancel the transportation, return the checked baggage, and refund all freight charges, handling fees, and other collected amounts to the sender.

2. Suspension at Intermediate Stations:

a) If due to force majeure it is impossible to continue transporting, the sender may request to retrieve the checked baggage at the station where the ship stops, at the departure station, or at a designated station along the route that handles checked baggage. The enterprise must refund the freight charges for the section from the unloading station to the destination station as indicated on the ticket;

b) If due to the enterprise's fault it is impossible to continue transporting, the sender may request to retrieve the checked baggage at the station where the ship stops, at the departure station, or at a designated station along the route that handles checked baggage. The payment of expenses to the sender will be handled as follows: if retrieved at the station where the ship stops, the enterprise must refund the freight charges for the untransported section; if retrieved at a designated station along the route, the return journey section will be exempt from freight charges and the enterprise must refund the freight charges calculated from the unloading station to the destination station as indicated on the ticket; if retrieved at the departure station, the return journey section will be exempt from freight charges, the enterprise must refund the entire freight charges and handling fees collected.

3. At the departure station or a designated station along the route, if transportation cannot proceed due to train operational obstacles without the sender's request as stipulated in Clauses 1 and 2 of this Article, the enterprise will continue transporting once the route is clear.

Article 38. Compensation for damaged or lost checked baggage due to the enterprise's fault

1. Checked baggage that is damaged, missing, or lost shall be compensated in one of the following forms:

a) According to the declared value for checked baggage with a declared value; if the enterprise can prove that the actual loss is lower than the declared value, then compensation will be based on the actual loss;

c) According to the market price of the goods at the time of payment and delivery location; in case there is no market price for the goods, according to the average price of similar goods in the area of delivery;

c) According to the purchase invoice value;

d) According to the market price of the goods at the time of payment and delivery location; if there is no market price for the goods, then the average value of similar quality goods in the area of delivery will be used.

2. In cases where there is insufficient basis to determine the value of the checked baggage, the compensation amount is 50,000 VND per kilogram (kg) of damaged or lost checked baggage.

3. If the checked baggage is partially damaged, missing, or lost, compensation will be provided for the damaged, missing, or lost portion; if the damage, loss leads to the entire item being unusable, full compensation will be provided and the enterprise retains ownership of the compensated goods.

4. In addition to compensating losses as specified in Clauses 1, 2, and 3 of this Article, the enterprise must also refund the sender the entire freight charges and fees collected.

5. Passengers, senders of parcels, and enterprises may agree on the forms and levels of compensation as specified in Clause 1, 2, and 3 of this Article or through other agreed-upon forms and levels of compensation, in cases where no agreement can be reached, compensation will be carried out according to the provisions of Article 39 of this Circular.

Article 39. Dispute Resolution

1. During the process of passenger transportation and consignment baggage transport by rail, if incidents occur affecting the interests of the parties, the enterprise and passengers, consignors shall resolve disputes through negotiation, mediation, arbitration, or litigation before the court. The procedures and formalities for dispute resolution shall be carried out in accordance with the provisions of the law.

2. The time limit for complaints and the statute of limitations for initiating lawsuits shall be implemented in accordance with Articles 110 and 111 of the Railway Law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 40. Effective Date of Implementation

1. This Circular shall take effect from February 15, 2015.

2. The Decision No. 01/2006/QĐ-BGTVT dated January 4, 2006 issued by the Minister of Transport on the regulations regarding passenger transportation, baggage, and consignment transport on national railways is hereby repealed.

Article 41. Implementation Organization

1. The Vietnam Railway Corporation shall be responsible for organizing and coordinating with relevant agencies to inspect the implementation of this Circular.

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