Circular No. 80/2014/TT-BGTVT on passenger transport, luggage, and consignment on inland waterways

CIRCULAR

Regulations on passenger transport, luggage, and parcels on inland waterways

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

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

Pursuant to the Tourism Law on June 14, 2005;

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 issues this Circular to regulate passenger transport, luggage, and parcels on inland waterways.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates passenger transport, luggage, and parcels on inland waterways.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to passenger transport, luggage, and parcels on inland waterways.

Article 3. Explanation of Terms

1. Passengers are persons on inland waterway vessels who are not crew members, drivers, or service staff.

2. Competent authority refers to agencies responsible for specialized state management of inland waterway transportation, including: Vietnam Inland Waterway Administration, Department of Transport, and Regional Inland Waterway Management Office.

Chapter II
PASSENGER TRANSPORT, LUGGAGE, PARCELS ON INLAND WATERWAYS

Article 4. Obligations of organizations and individuals conducting passenger transport, luggage, and parcels on inland waterways

In addition to complying with Clause 2 of Article 82 of the Law on Inland Waterway Transport, organizations and individuals engaged in transport operations must also fulfill the following obligations:

1. Install all lifesaving and firefighting equipment at positions according to the design of the vessel; for vessels without a design, such equipment must be installed at easily visible and accessible locations on the vessel.

2. Notify ports and wharfs about changes to the schedule or timetable of the vessel three days before any change in operation or departure time (except for river-crossing passenger transport).

3. At least ten minutes before the vessel arrives at the 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 the Passenger Ship Rules Board, instructions on using lifesaving and firefighting equipment, and escape routes in easily visible locations on the vessel.

5. Serve passengers courteously and respectfully.

6. Report to the competent authority at least five days prior to ceasing operations on a fixed route regarding the approval of passenger transport activities.

7. Monthly report the number of passengers transported to the Department of Transport of the province or city where the organization or individual has registered their activities.

Article 5. Procedures for approving fixed-route passenger transport, luggage, and parcels for Vietnamese organizations and individuals

1. Organizations and individuals submit directly one set of application documents for approval of fixed-route passenger transport, luggage, and parcels on inland waterways to the Department of Transport or send them through the postal system or other appropriate means. The documents include:

a) A registration form for fixed-route passenger transport, luggage, and parcels on inland waterways according to the model attached as Appendix I to this Circular;

b) Written agreement or contract with port or inland waterway wharf operating organizations agreeing to allow the vessel to pick up and drop off passengers;

c) Route exploitation plan;

d) Certified copies (or copies accompanied by original documents for verification) of the following documents: Business Registration Certificate or Business License or Trade Registration Certificate with inland waterway passenger transport business; Inland Waterway Vessel Registration Certificate; Technical Safety and Environmental Protection Certificate for Inland Waterway Vessels.

2. The Department of Transport receives, reviews, and processes the documents as follows:

a) For direct submissions, if the documents are complete, issue a receipt and set a deadline for result delivery; if incomplete, return immediately and guide the organization or individual to complete the documents;

b) For submissions received through the postal system or other appropriate means, if the documents are incomplete, within two working days from receiving the documents, the Department of Transport sends a letter requesting the organization or individual to supplement and complete the documents;

c) Within two working days from receiving complete documents, the Department of Transport seeks opinions from the Maritime Port Authority in cases where the vessel travels through maritime waters, and from the Regional Inland Waterway Management Office in cases where the vessel travels on national inland waterway routes. Within two working days from receiving the request for opinion, the Maritime Port Authority or Regional Inland Waterway Management Office must respond in writing;

d) Within three working days from receiving the opinions of the Maritime Port Authority or Regional Inland Waterway Management Office, the Department of Transport issues an approval letter according to the model attached as Appendix II to this Circular for organizations and individuals conducting fixed-route passenger transport, luggage, and parcels on inland waterways. If not approved, a written response explaining the reasons must be provided.

Article 6. Procedure for Approval of Passenger Transport, Baggage, and Cargo Transport Along Fixed Routes for Organizations and Individuals with Foreign Investment Capital

1. Organizations and individuals shall directly submit one set of application documents for approval of passenger transport, baggage, and cargo transport along fixed routes on inland waterways, or send them through the postal system or other appropriate means to the Inland Waterway Transport Management Agency of the region. The documents include:

a) A registration form for passenger transport, baggage, and cargo transport along fixed routes on inland waterways according to the model attached as Appendix I to this Circular;

b) A written document or contract with port operation organizations agreeing to allow vessels to pick up and drop off passengers at their ports;

c) Route exploitation plan;

d) Certified copies (or copies accompanied by original documents for verification) of the following documents: Certificate of Investment Registration including passenger transport on inland waterways; Certificate of Registration of Inland Waterway Vessels; Safety and Environmental Protection Certificate of Inland Waterway Vessels.

2. The Inland Waterway Transport Management Agency of the region shall accept, examine the documents, and process them as follows:

a) For direct submissions, if the documents are complete, issue a receipt and set a deadline for result delivery; if incomplete, return immediately and guide the organization or individual to complete the documents;

b) In cases where the documents are received through the postal system or other appropriate means, if the documents are not complete as required, within two working days from the date of receipt of the documents, the Inland Waterway Transport Management Agency of the region shall send a written request to the organization or individual to supplement and complete the documents;

c) Within two working days from the date of receiving all documents as required, the Inland Waterway Transport Management Agency of the region shall seek opinions from the Maritime Port Inspection Authority in cases where the vessel travels through maritime waters, and from the Department of Transportation and Transport in cases where the vessel travels on local inland waterway routes. Within two working days from the date of receiving the request for opinion from the Inland Waterway Transport Management Agency of the region, the Maritime Port Inspection Authority or the Department of Transportation and Transport shall provide a written response;

d) Within three working days from the date of receiving the opinion from the Department of Transportation and Transport or the Maritime Port Inspection Authority, the Inland Waterway Transport Management Agency of the region shall issue a written approval for the organization or individual to conduct passenger transport, baggage, and cargo transport along fixed routes on inland waterways according to the model attached as Appendix II to this Circular. In cases where approval is not granted, a written response must be issued stating the reasons.

Article 7. Procedure for Approval of River Crossings Passenger Transport

1. Organizations and individuals shall directly submit one set of application documents for approval of river crossings passenger transport or send them through the postal system or other appropriate means to the Department of Transportation and Transport. The documents include:

a) A registration form for river crossings passenger transport according to the model attached as Appendix I to this Circular;

b) A written document or contract with river crossing passenger terminal operation organizations agreeing to allow vessels to pick up and drop off passengers at their terminals;

c) Certified copies (or copies accompanied by original documents for verification) of the following documents: Business Registration Certificate or Business Operation Registration Certificate or Business Operation Registration Certificate including passenger transport on inland waterways; Certificate of Registration of Inland Waterway Vessels (if applicable); Safety and Environmental Protection Certificate of Inland Waterway Vessels (if applicable).

2. The Department of Transport receives, reviews, and processes the documents as follows:

a) In cases where the documents are submitted directly, if the documents are complete, a receipt will be issued and a result will be provided within the prescribed time limit; if the documents are not complete as required, they will be returned immediately and the organization or individual will be guided to complete the documents;

b) For submissions received through the postal system or other appropriate means, if the documents are incomplete, within two working days from receiving the documents, the Department of Transport sends a letter requesting the organization or individual to supplement and complete the documents;

c) Within two working days from the date of receiving all documents as required, the Department of Transportation and Transport shall seek opinions from the Maritime Port Inspection Authority in cases where the vessel travels through maritime waters, and from the Inland Waterway Transport Management Agency of the region in cases where the vessel travels on national inland waterway routes;

d) Within three working days from the date of receiving the opinion from the Maritime Port Inspection Authority or the Inland Waterway Transport Management Agency of the region, the Department of Transportation and Transport shall issue a written approval according to the model attached as Appendix II to this Circular for the organization or individual to conduct river crossings passenger transport. In cases where approval is not granted, a written response must be issued stating the reasons.

1. Organizations and individuals with approval documents for passenger and luggage transport along fixed routes on inland waterways issued by competent authorities shall be granted identification plates for vehicles participating in tourist passenger transport activities by the Department of Transportation.

2. The identification plate for tourist passenger transport vehicles shall be issued after obtaining the opinion of the central state management agency for tourism.

Chapter III
PASSENGER TICKETS

Article 9. Passenger Tickets, Ticket Sales, and Ticket Control

1. Passenger tickets shall be printed and issued by organizations and individuals engaged in passenger transport according to the model set forth in Appendix III attached to this Circular.

2. New or changed ticket prices must be publicly announced on the websites of organizations and individuals engaged in transport or through mass media for three consecutive days and may only be implemented fifteen days thereafter; ticket prices must be publicly posted at ports and wharfs where passengers are picked up and dropped off.

3. Organizations and individuals engaged in fixed-route passenger transport may organize ticket sales themselves or delegate such sales to organizations and individuals operating ports and wharfs or other persons.

4. Organizations and individuals engaged in fixed-route passenger transport must publicly announce ticket prices, ticket sale times, and closing times for ticket sales at the ticket sales location and passenger waiting rooms. For fixed-route passenger transport, the closing time for ticket sales must be at least fifteen minutes before the vehicle departs.

5. The number of tickets sold for each transport trip must not exceed the number of passengers allowed by the inspection authority for the vehicle and must be recorded in a passenger list according to the model set forth in Appendix IV attached to this Circular.

6. Organizations and individuals engaged in fixed-route passenger transport must check tickets when passengers disembark; they must not allow more passengers to disembark than the specified limit; and they must promptly resolve any ticket confusion cases.

1. Infants under one year old are exempt from ticket purchase but must sit together with accompanying passengers.

2. Organizations and individuals engaged in business operations shall base exemptions and reductions in ticket prices on legal provisions and actual conditions to determine the level of exemption and reduction for passengers.

Article 11. Handling of Passenger Tickets

1. Passengers traveling through ports or wharfs not listed on their tickets must purchase additional tickets for the extra distance traveled.

2. Passengers wishing to board at a closer port or wharf than that listed on their tickets will not receive refunds for unused portions of their tickets.

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

4. Passengers holding tickets who arrive late after the scheduled departure time without notifying the transport operator or ticket seller shall be handled as follows:

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

b) If the passenger does not wish to travel on the next available trip, no refund will be given.

5. Passengers holding tickets who arrive late after the scheduled departure time and have notified the transport operator or ticket seller (by telephone, telegraph, fax, or email) at least two hours before the scheduled departure time shall be handled as follows:

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

b) If the passenger does not wish to travel on the next available trip and returns the ticket, a refund of ninety percent of the ticket price will be provided.

Chapter IV
TRANSPORTATION AND STORAGE OF CHECKED BAGGAGE AND CARGO

Article 12. Checked Baggage and Cargo

1. Each passenger is exempt from transportation charges for up to 20 kilograms of carry-on baggage.

2. Regulations on checked baggage and cargo:

a) The dimensions must not exceed 1.2 meters x 0.7 meters x 0.7 meters in length, width, and height respectively; the weight must not exceed 50 kilograms per piece of checked baggage.

b) Passengers shall bear the transportation charges. If the amount of checked baggage does not exceed the free allowance (20 kilograms), the excess baggage will be subject to charges.

c) In addition to the provisions of points a and b of Clause 2 of this Article, passengers with checked baggage must comply with the following regulations: the baggage must be delivered to the port or terminal indicated on their ticket; the baggage must travel on the same means of transport as the passenger, even if it requires transfer to another means of transport during the journey.

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

a) Human remains (except urns containing ashes).

b) Animals weighing 10 kilograms or more per animal or emitting odors.

c) Goods emitting odors.

d) Oversized goods obstructing passage on the means of transport.

Article 13. Acceptance and Storage of Checked Baggage and Cargo

1. Passengers with checked baggage exceeding the free allowance must pay for the excess baggage and deliver it to the transportation business organization before the means of transport departs.

2. The person sending checked baggage and cargo must complete a declaration form detailing the type of goods, quantity, weight, value; name and address of the sender and recipient. At least two copies of the declaration form must be made, one for the recipient and one for the transportation business organization; additional copies may be prepared if necessary.

3. The person sending checked baggage and cargo is responsible for the legality of the goods packed in the baggage and must provide copies of relevant documents as required by law to the transportation business organization.

4. Transportation business organizations are responsible for inspecting packaging, quantities, marking goods, and confirming the declaration form; they decide whether to accept checked baggage and cargo based on the capacity of the means of transport and storage facilities along the route.

Article 14. Delivery of Checked Baggage and Cargo

1. When collecting checked baggage, passengers must present their tickets and payment receipts.

2. When collecting cargo, the recipient must present the payment receipt, the declaration form, and personal identification documents. If someone else collects the cargo, they must have a power of attorney as prescribed by law. If the recipient arrives late beyond the agreed time, they must pay storage fees.

3. After receiving the checked baggage and cargo at the collection point, the recipient must check the items; once the delivery is completed, the transportation business organization is no longer liable for loss or damage to the checked baggage and cargo.

Chapter V
RESOLUTION OF DISPUTES AND COMPENSATION

Article 15. Cases Due to the Fault of the Transportation Business Organization

1. If the means of transport fails to depart at the scheduled time and passengers have to wait overnight, the transportation business organization must arrange accommodation and meals for the passengers and cover all costs; if passengers choose not to continue their journey and return their tickets, the transportation business organization must refund the ticket and transportation charges.

2. If the means of transport breaks down during the journey and cannot continue, the captain must take every measure to safely transport passengers to the nearest port or terminal, notify the transportation business organization, and follow these regulations:

a) If passengers have to wait overnight, the transportation business organization must arrange accommodation and meals and cover all costs.

b) If passengers do not wish to wait and continue their journey, the transportation business organization must refund the corresponding portion of the ticket and transportation charges.

c) If the transportation business organization arranges an alternative means of transport but must return to the departure terminal, the transportation business organization must refund the full ticket and transportation charges.

Article 16. Force Majeure Cases

1. When the means of transport has not yet departed, the transport business operator must immediately inform passengers about the temporary suspension of the trip; in case of cancellation of the trip, the transport business operator must refund the full ticket fare and freight charges to the passengers.

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

a) In case the means of transport must travel on a longer route, the transport business operator shall not collect additional ticket fares or freight charges from passengers;

b) In case it is necessary to transfer passengers, luggage, and parcels, the transport business operator shall carry out the transfer and bear the costs;

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

Article 17. Checked Luggage During Transport

1. In case checked luggage exhibits signs of spontaneous combustion, leakage, or damage, the transport business operator must notify and work with passengers carrying such luggage to immediately implement measures to protect people, goods, and the means of transport. When implementing these measures, if losses occur, a record must be made with confirmation from the passenger carrying the luggage and a representative of the passengers. Any expenses arising from the party at fault shall be responsible. If both parties are without fault, each party shall bear responsibility for their own expenses and losses.

2. In cases of force majeure, if safety cannot be guaranteed, the transport business operator may remove part or all of the luggage from the means of transport; the person carrying the luggage must take care of it themselves; any expenses and losses incurred by which party shall be borne by that party.

3. In case the waterway for ship transportation is blocked, the transport business operator must notify and work with passengers to implement the following measures:

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

b) In case it is necessary to return to the departure port or wharf, the transport business operator can only charge the ticket fare and freight charges for the distance already traveled (excluding the return trip);

c) In case it is necessary to transfer passengers and luggage around the blockage, the transport business operator shall carry out the transfer and bear the costs;

d) In case the means of transport waits until the waterway is clear, the transport business operator must inform passengers; if passengers request to leave the means of transport, crew members must facilitate their disembarkation.

Article 18. Regarding Parcels

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

1. In case checked luggage or parcels are damaged, missing, or lost due to the fault of the transport business operator, compensation shall be provided according to the following provisions:

a) According to the declared value for checked luggage or parcels with declared value; if the transport business operator proves that the actual loss is lower than the declared value, then according to the actual loss value;

b) According to the agreed amount between the two parties;

c) According to the purchase invoice value and reasonable other costs;

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

đ) In case the issue cannot be resolved according to the provisions of points a, b, c, and d of Clause 1 of this Article, then according to the following provision: for checked luggage, the compensation amount does not exceed 20,000 Vietnamese dong per kilogram of damaged luggage; for parcels, the compensation amount does not exceed 20,000 Vietnamese dong per kilogram of damaged parcel; 7,000,000 Vietnamese dong for each damaged parcel or consignment.

2. If checked luggage or parcels are partially damaged, missing, or lost, compensation shall be provided for the damaged, missing, or lost portion; if the partial damage, loss leads to total non-functionality, full compensation shall be provided; the transporter retains ownership of the compensated goods.

3. In addition to compensating losses according to the provisions of Clause 1 of this Article, the transport business operator must also refund passengers or shippers the full freight charges or surcharges for the damaged checked luggage or parcels.

Article 20. Dispute Resolution

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

2. In case of disagreement, the parties have the right to request arbitration to resolve the issue or file a lawsuit at the court according to the law.

Chapter VI
INVESTIGATION AND HANDLING OF ACCIDENTS

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

Organizations and individuals involved in handling accidents in port waters, wharves, and inland waterways shall follow the provisions of Clause 22, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic Management dated June 17, 2014, and regulatory legal documents governing port and wharf activities. In case a vessel encounters an incident or accident and cannot be resolved, immediate notification must be given to the Inland Waterway Transport Office at the departure and arrival ports; the owner of the means of transport; and the local government authority nearest to the incident.

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

Organizations and individuals involved in handling accidents in port waters and maritime channels shall follow the provisions set forth in Circular No. 27/2012/TT-BGTVT dated July 20, 2012, issued by the Minister of Transport on reporting and investigating maritime accidents. In cases where vessels encounter incidents or accidents that they are unable to resolve, they must immediately report to the Maritime Search and Rescue Coordination Center for rescue operations or assistance.

Article 23. Temporary Suspension of Passenger Transport Vehicles' Operations

The Department of Transport, the Inland Waterway Transport Inspection Authority shall issue temporary orders to halt operations for vehicles encountering incidents or accidents affecting their technical safety, and only allow resumption of operations upon receiving opinions from relevant inspection agencies confirming that the vehicles meet the necessary technical safety conditions for continued operation.

Chapter VII
IMPLEMENTATION

Article 24. Effective Date

1. This Circular takes effect from February 15, 2015.

2. Circular No. 20/2011/TT-BGTVT dated March 31, 2011, issued by the Minister of Transport regarding inland waterway passenger transport is hereby abolished.

Article 25. Implementation Organization

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