Circular No. 83/2014/TT-BGTVT on the transport of goods by national railway

CIRCULAR

Provisions on the transportation of goods by national railway

________________

 

Based on the Railway Law dated November 14 the Pursuant to Decision No. 21/2012/QD-TTg of the Government dated March 21, 2012;

Based on the Civil Code dated June 14, 2005;

Based on Decree No. 109/2006/NĐ-CP dated September 22 the 2006 of the Government At the proposal of detailing the implementation of one number article of the Railway Law and Government Decree No. Decree No. 03/2012/NĐ-CP dated January 19 the 2012 of the Government At the proposal of amending and supplementing Decree No. 109/2006/NĐ-CP dated September 22, 2010 of the Government number Articles of Government Decree No. Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government At the proposal of;

On the basis of Government Decree No. The Minister of Transport hereby issues this Circular on the transportation of goods by national railway. At the proposal of of the Government on 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,

This Circular stipulates the transportation of goods; rights and obligations of enterprises engaged in the transportation of goods by national railway (hereinafter referred to as enterprises) and of the consignors and consignees of such goods on national railways, dedicated railways, and branch lines connected to national railways.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to enterprises, consignors, consignees, and other organizations and individuals related thereto.

Article 2. Applicability

1. Goods are assets of organizations and individuals that engage enterprises to transport by rail.

Article 3. Explanation of Terms

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

2. Goods transported under the less-than-carload (LCL) form are goods that do not require exclusive use of a car for carriage (hereinafter referred to as LCL goods).

3. Goods transported under the full-carload (FCL) form are goods carried on one car, with the same shipper, consignee, departure station, and destination station (hereinafter referred to as FCL goods).

4. Hazardous goods are goods that, when transported by rail, have the potential to cause harm to human health

, life, hygiene, and the environment, and are listed in the hazardous goods catalog as prescribed by law. VND 22,500,000 /time/unit5. The technical load capacity of a car is the maximum weight of goods that can be carried on a car according to design standards.

6. The permissible technical load capacity of a car is the maximum quantity of goods allowed to be loaded on a car in compliance with the load command on the route.

7. Force majeure refers to situations that occur objectively, cannot be foreseen, and cannot be overcome despite the enterprise's application of all necessary and permitted measures. In railway transportation, force majeure occurs due to natural disasters, enemy actions, epidemics, or reasons to ensure social order and security, traffic blockages not caused by the enterprise, consignor, or consignee.

8. A consignment is a collection of various types of goods of one consignor with the same departure station, destination station; the same consignee, the same period of transportation, and the same period of delivery. An LCL or FCL consignment may include different types of goods, except those prohibited from being loaded together on one car as stipulated in Article 27 of this Circular.

9. Self-propelled wheeled goods are railway vehicles certified by inspection organizations to meet safety technical standards for coupling into freight trains without needing to be loaded onto enterprise cars during transportation.

Article 4. Rights and Obligations of Enterprises Engaged in Freight Transportation

1. Enterprises have the following rights:

a) To refuse to transport goods that do not comply with packaging, labeling, marking, and coding regulations, and goods prohibited from transportation;

b) To request consignors to open packages for inspection if there is doubt about the authenticity of the declared type of goods;

c) To request consignors and consignees to pay the full freight charges and incidental costs; Not deposited into temporary account d) To request consignors to compensate for losses caused by the consignor's fault;

đ) To request an appraisal of goods when necessary;

e) To retain goods when the consignor does not pay the agreed-upon freight charges and incidental costs in the transportation contract;

g) To dispose of goods refused by the consignee or goods without a consignee as provided for in Article 106 of the Railway Law and this Circular;

h) To demand payment for idle car fees caused by the consignor's or consignee's fault;

i) Other rights prescribed in Clause 1 of Article 90 of the Railway Law.

2. Enterprises must fulfill the following obligations:

a) To publicly display at their transaction locations information relevant to the transportation of goods;

b) To transport goods to the destination and deliver them to the consignee as stipulated in the transportation contract;

c) To promptly notify consignors and consignees when goods have been transported to the delivery location, or when transportation is interrupted;

d) To store goods when the consignee refuses to accept them or they cannot be delivered to the consignee and to inform the consignor;

đ) To compensate consignors for losses resulting from the loss, damage, or delay of goods due to the enterprise's fault;

e) To facilitate consignors in renting cars to load goods in accordance with the required number and type of cars;

g) To publicly announce to consignors the legal provisions and enterprise regulations before signing transportation contracts;

h) Other obligations prescribed in Clause 2 of Article 90 of the Railway Law.

g) Notify the lessee of transport of the provisions of laws and the enterprise before signing transportation contracts.

h) Other obligations prescribed in Clause 2, Article 90 of the Railways Law.

Article 5. Rights and obligations of the cargo transportation lessee

1. Freight shippers have the following rights:

a) Agree with the enterprise on the conditions for transporting goods, loading and unloading goods, providing wagons for loading goods, escorting goods, delivery periods, storage periods, receipt periods, and other related issues in the cargo transportation contract;

b) Change the cargo transportation contract even when the goods have been handed over to the enterprise or loaded onto wagons and bear the additional costs arising from changing the contract;

c) Re-designate the recipient of the goods if such goods have not yet been delivered to the previous authorized recipient; be able to change the delivery location or request the return of the goods to the place of shipment and must bear all additional costs arising from changing the recipient and the delivery location; point deliver goods or request the return of goods to the place of shipment and bear all costs arising from changing the recipient and delivery location;

d) Request the enterprise to confirm the quantity and seal the goods that they send;

g) To dispose of goods refused by the consignee or goods without a consignee as provided for in Article 106 of the Railway Law and this Circular;

e) Be compensated for losses when goods are lost, reduced in weight, damaged, or decreased in quality, or exceed the transportation period due to the enterprise's fault;

g) Be compensated for losses caused by the late provision of wagons and accompanying transport equipment due to the enterprise's fault;

h) Be authorized to appoint an organization or individual to act on their behalf to perform part or all of the cargo transportation contract according to the provisions of the law but still bear responsibility for all commitments in the cargo transportation contract;

2. Freight shippers have the following obligations:

a) To truthfully declare goods and be responsible for the accuracy of such declarations;

b) Register the quantity, type of wagons, time, and location for loading goods with the enterprise; in the Field of Teachers and Educational Institution Managers enterprise;

c) Implement packaging of goods and transportation conditions according to the enterprise's instructions;

d) Provide necessary materials and equipment to ensure safe transportation of goods unless otherwise agreed in the contract;

đ) Assign personnel to escort goods if the goods require mandatory escorting;

e) Deliver goods to the enterprise at the correct time and location;

g) Pay freight charges and other expenses according to the payment terms specified in the contract;

h) Provide documents, materials, and other necessary information about the goods;

i) Pay additional costs arising from wagon detention, delayed provision of accompanying transport equipment; warehouse storage fees, preservation costs, and other additional costs;

k) Compensate for losses caused by inaccurate declaration of goods leading to damage to the enterprise or other losses caused by their own fault;

l) In case the recipient does not come to receive the goods, the cargo transportation lessee shall be responsible for resolving the consequences and paying all additional costs;

Article 6. Rights and obligations of the recipient1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.i receive goods

The recipient may be the cargo transportation lessee or a third party designated by the cargo transportation lessee to receive the goods. The recipient has the following rights and obligations:

1. Rights of the recipient:

a) Inspect the quantity, quality, and sealing of the transported goods; number quantity, quality, sealing of the transported goods;

b) Receive the transported goods;

c) Be entitled to claim compensation for excessive transportation period due to the enterprise's fault;

d) Be entitled to claim compensation for losses of goods due to damage or loss caused by the enterprise's fault;

đ) Request inspection of goods when necessary;

2. Obligations of the recipient:

a) Upon receiving notification of the arrival of goods, the recipient must go to the station to receive the goods within the stipulated time and fulfill the contents prescribed in Articles 26 and 41 of this Circular;

b) Present the consignment invoice and other documents to prove their right to receive the goods;

c) Bear the cost of loading and unloading goods if there is no other agreement in the contract;

d) Pay additional costs arising from delayed acceptance of goods;

đ) Inform the enterprise about the completion of receiving goods and other necessary information as required by the enterprise; if not informed, they have no right to request the enterprise to protect their rights and interests related to the goods;

e) Pay the full freight charges and other expenses;

Chapter II

ORGANIZATION OF CARGO TRANSPORTATION

Article 7. Units of time measurement in cargo transportation activities

In cargo transportation activities, the units for measuring time are: hours (60 minutes) or days (24 hours), and shall be rounded off as follows:

1. When using hours as the unit of measurement: from 30 minutes to 60 minutes is counted as 01 hour, less than 30 minutes is not counted.

2. When using days as the unit of measurement: from 12 hours to 24 hours is counted as 01 day, less than 12 hours is not counted as 01 day.

Article 8. Business transaction location of enterprises

1. Enterprises must issue have the responsibility to publicly announce their business transaction locations.

2. The business transaction location must display the contents of this Circular and other relevant regulations concerning rail cargo transportation.

Article 9. Publicizing freight rates and other types of costs

Information on freight rates and related costs must be publicly displayed at the business transaction location.

Article 10. Forms of transportation

Rail cargo transportation is carried out in either full carload or less-than-carload forms.

Article 11. Goods that must be transported in full carload form

The following types of goods must be transported in full carload form:

1. Machinery, equipment, tools that cannot be loaded into covered wagons.

2. Bulk cargo piles, unpackaged goods, difficult to quantify.

3. Live animals.

4. Hazardous materials, except where otherwise provided by competent authorities.

5. Human remains.

6. Self-propelled wheeled vehicles running on railway tracks coupled to trains for towing.

7. Goods transported according to special requirements of the consignor or requiring special care and protection.

Article 12. Freight wagons

Freight wagons must comply with technical conditions and requirements stipulated in the National Technical Regulations on Railways and other relevant laws.

Chapter III

TRANSPORT CONTRACTS

Article 13. Cargo transport contracts

1. A cargo transport contract is an agreement between an enterprise and a consignor, whereby the enterprise undertakes to transport goods from the place of receipt to the destination and deliver the goods to the designated recipient as specified in the contract.

2. A cargo transport contract defines the rights and obligations of the parties, established in writing, shipping invoices or other agreed forms.

Article 14. General principles for concluding and performing transport contracts

1. Organizations and individuals requiring rail cargo transportation have the right to negotiate with enterprises to conclude transport contracts in accordance with the law.

2. Both the consignor and the enterprise must utilize their maximum capacity to fulfill the contract's terms. The party violating the contract has the obligation to compensation compensate the other party for losses in accordance with the law.

3. During the performance of the contract, depending on their capabilities, the parties are willing to negotiate to maximize convenience for each other.

4. When the volume of goods requested for transportation exceeds the transportation capacity of the enterprise, priority will be given to transportation serving special tasks: security work, national defense, disaster prevention and mitigation, emergency situations, and other special tasks, and there is a responsibility to inform the consignor of changes in the transportation schedule.

Article 15. Contents of transfer of enterprise ownership form or restructuring of enterprises. transportation

The contents of the transportation contract include:

1. Place, time of signing the contract; name, address, telephone number, fax; transaction bank account of each party.

2. Rights and obligations of each party for specific tasks to organize transportation, loading, unloading; delivery and receipt forms; amendment, cancellation transfer of enterprise ownership form or restructuring of enterprises.; compensation, reward, penalty provisions.

3. Type of goods, quantity, density, loss ratio, physical and chemical properties, characteristics, and measures to handle incidents (if any) of the goods;

4. Departure point, destination.

5. Time to perform the contract.

6. Recipient of the goods.

7. Issuing train orders for full-carriage loading.

8. Contract value including necessary costs for the transportation process and payment form.

9. Dispute resolution.

10. Other agreements.

Chapter IV

IMPLEMENTATION OF GOODS TRANSPORTATION

Article 16. Determination of Goods Name

1. The transportation lessee is responsible for declaring the correct name of the goods according to the requirements of the enterprise. If it is dangerous goods, the correct name must be recorded in the Dangerous Goods Transportation List by Railways. The transportation lessee shall bear responsibility for the consequences caused by incorrect declaration of the goods name.

2. In case of necessity, the transportation lessee may declare the goods name using symbols to ensure the secrecy of transported goods but must inform the responsible person of the enterprise.

3. For types of goods serving security and defense purposes where the goods name cannot be declared as prescribed in Clause 1 and Clause 2 of this Article, the transportation lessee must notify and agree on traffic safety measures with the responsible person of the enterprise.

Article 17. Conditions for Accepting Goods for Transport

1. The enterprise accepts all types of goods except for the following types:

a) Goods prohibited from circulation;

b) Goods not suitable for railway transportation technical conditions.

2. When goods need to be transported under special requirements, they must be agreed upon between the enterprise and the transportation lessee.

Article 18. Refusal or Suspension of Transport

1. The enterprise has the right to refuse or suspend transport in the following cases:

a) Goods do not meet the acceptance conditions stipulated in Article 17 of this Circular;

b) The transportation lessee does not comply with the contents of the transportation contract, violates relevant regulations in this Circular;

c) Road blockage due to force majeure.

2. The transportation lessee has the right to refuse rental or suspend transport in the following cases:

a) The enterprise does not comply with the contents of the transportation contract, violates relevant regulations in this Circular;

b) Due to force majeure.

Article 19. Priority Order in Goods Transportation

The enterprise implements goods transportation in the following priority order:

1. Goods transportation for special missions.

2. Goods not falling under the provisions of Clause 1 of this Article shall be transported in the order received, earlier received goods first, later received goods last.

3. Goods received at the same time shall be transported in the following order:

a) Dangerous goods; corpses, remains;

b) Live animals, perishable goods, goods that quickly lose weight;

c) Other types of goods not included in the above categories shall be determined by the enterprise.

Article 20. Supply of train cars, transportation tools accompanying train cars and reinforcement materials

1. Enterprises must provide train cars on time, in the correct quantity, and of the correct type at the loading location as stipulated in the transport contract or agreed upon with the transport lessee.

2. The provided train cars must meet the technical conditions and requirements as specified in Article 12 of this Circular.

3. The transport lessee has the right to inspect and accept the train cars and may refuse to accept them if they are not of the correct type or do not comply with the national technical standards for railway operation.

4. Necessary tools and materials required to reinforce and protect goods to ensure stability, firmness, and safety during transportation shall be supplied, installed, and dismantled by the transport lessee or by the enterprise at the lessee's expense.

5. The enterprise is responsible for providing the following reinforcement tools and materials:

a) Grounding stakes and chains fixed on flatbed train cars when goods that should be loaded onto train cars with sides are instead loaded onto flatbed train cars.

b) Tarpaulins covering goods on open-top train cars when goods that should be loaded into covered train cars are instead loaded onto open-top train cars.

6. The enterprise is responsible for inspecting the reinforcement tools and materials provided by the transport lessee and has the right to prohibit their use if they do not comply with the regulations ensuring safe transportation.

7. The enterprise is responsible for inspecting the technical safety standards, replacement, and repair requirements to ensure safe transportation for train cars provided by the transport lessee.

Article 21. Notification of Train Car Delivery to Loading and Unloading Locations

1. At least two hours before the delivery of train cars, the enterprise must notify the transport lessee of the number and identification of train cars being delivered to the loading and unloading locations or the designated contact point (if loading and unloading occur on branch lines or dedicated tracks).

2. When the contract for operating branch lines or dedicated tracks specifies daily car delivery times, the enterprise does not need to provide notification.

3. If train cars are delivered late to the loading and unloading points, the enterprise must notify the transport lessee at least two hours before the scheduled delivery time. If there is no notification or it is delayed, the enterprise must compensate the transport lessee for the labor and equipment costs incurred due to waiting, calculated from the time of notification.

Article 22. Deadline for Delivering Goods to the Origin Station

The transport lessee must gather all goods at the designated loading location at least two hours before the scheduled delivery of train cars and no earlier than twelve hours.

Article 23. Storage of Goods in Warehouses and Yards

1. At the origin station, if approved by the enterprise, the transport lessee may deliver goods for transportation to the station ahead of schedule but must pay storage fees from the time the goods are delivered to the station until the deadline for delivering goods to the origin station as specified in Article 22 of this Circular.

2. At the destination station, for goods not within the responsibility of the enterprise to store or those exceeding the receipt period specified in Article 41 of this Circular, if the consignee has not collected the goods or has collected them but has not removed them from the station within the prescribed time, the enterprise has the right to charge storage fees.

Article 24. Loading Techniques for Goods on Railway Cars

1. The weight and volume of each type of goods corresponding to each type of railway car on each route shall be specified by the enterprise to ensure safety during transportation.

2. When loading goods, the freight customer must comply with the following:

a) If the goods are loaded at less than the technical carrying capacity or the prescribed volume for each type of goods and each type of railway car on each route, the freight customer must pay the freight charge based on the technical carrying capacity of the railway car used.

b) If the freight customer loads goods into a railway car that does not meet the technical standards regarding weight, volume, or loading method, they must re-load the goods and bear the costs of reloading, unloading, or other additional costs resulting from delays.

c) The freight customer may not exceed the permitted technical carrying capacity of the railway car. If violated, the freight customer must unload the excess goods beyond the permitted technical carrying capacity of the railway car and bear all costs related to unloading, reloading the goods, and detention charges for the railway car.

d) When loading goods onto a railway car, for types of goods and railway cars with stipulated minimum load capacities, sufficient loading must be ensured to guarantee safe transportation.

3. When loading goods onto an open-top railway car, in addition to the provisions of Clause 2 of this Article, the freight customer may not exceed the loading dimensions limit, and must strictly follow the enterprise's regulations on loading methods and securing goods.

4. The enterprise has the responsibility to guide and supervise the freight customer during the process of loading goods onto railway cars. If non-compliant loading is discovered, the enterprise must require the freight customer to rectify it before accepting carriage.

Article 25. Responsibilities for Loading and Unloading Goods

The responsibilities for loading and unloading goods are defined as follows:

1. Loose cargo shall be loaded and unloaded by the enterprise.

2. Full-carload cargo shall be loaded by the freight customer and unloaded by the consignee, except when otherwise stipulated in the transport contract.

3. If the freight customer or consignee hires the enterprise to load and unload goods, the freight customer and consignee must be responsible for guiding and supervising the loading and unloading process according to regulations for the following types of goods: for a) Hazardous goods;

b) Live animals;

c) Perishable goods requiring special preservation measures during transportation;

d) Liquid and bulk goods transported in specialized railway cars;

đ) Goods requiring special equipment for loading and unloading;

e) Oversized and overweight goods.

4. The enterprise has the responsibility to guide and supervise the correct loading of goods according to technical loading regulations to ensure the integrity and safety of the goods, except for the types of goods specified in Clause 3 of this Article. If the freight customer loads goods incorrectly, the enterprise has the right to request corrections.

loading and unloading

Article 26. Time 1. The loading time for one railway car is calculated from the moment the railway car is brought to the loading location and the enterprise notifies the freight customer until the goods are fully loaded. The unloading time for one railway car is calculated from the moment the railway car is brought to the unloading location and the enterprise notifies the consignee until the consignee completes unloading and returns the empty railway car to the enterprise (including cleaning and closing times).

2. The maximum loading and unloading time for a group of railway cars with the same maximum loading and unloading time for one railway car, unless otherwise agreed in the transport contract.

3. The maximum loading and unloading time for one railway car or a group of railway cars shall be specified by the enterprise.

3. Maximum time limit for loading and unloading per wagon or wagon set by the enterprise.

Article 27. Goods Not to Be Packed Together in the Same Carriage

Goods shall not be packed together in the same carriage in the following cases:

1. Perishable goods with non-perishable goods.

2. Food items with smelly goods.

3. Liquids with moisture-sensitive goods.

4. Goods transported under special conditions with goods transported under normal conditions.

Article 28. Packaging of Goods

1. Depending on the nature of the goods, the consignor must package the goods properly to ensure that they are not damaged, broken, spilled, shifted, or affect other goods during loading, unloading, and transportation.

2. Goods packaged in boxes, crates, or containers must be labeled with marks, symbols, distinctive signs of the goods (if any), weight, full name of the goods, ensuring accuracy and clarity. issue3. Corpses must be placed in coffins, bones must be packaged in accordance with the provisions of the law.

4. The enterprise has the right to inspect the packaging of goods and request the freight customer to supplement the packaging in compliance with regulations before accepting transportation.

Article 29. Cargo Tags

1. At both ends of individual packages, the freight customer must attach tags clearly indicating the sending station, receiving station, name, address of the freight customer, recipient, name of goods, weight, package number, number of packages, and other necessary information.

2. In cases where tags cannot be attached to individual packages, the freight customer must record the information as stipulated in Clause 1 of this Article at the most visible position on the package.

3. The enterprise is responsible for providing cargo tags and checking, guiding the freight customer to attach the tags.

Article 30. Responsibility for Determining the Weight of Goods

1. For individual goods: the enterprise determines the billing weight; if the goods are bulky, volume measurement is conducted to convert (1 cubic meter equals 300 kilograms) and recorded on the consignment declaration form.

2. For entire carriages: the freight customer is responsible for determining the weight of the goods to record on the consignment declaration form; the enterprise has the right to check the weight and quantity of goods declared by the consignor on the consignment declaration form. Article 31. Declaration of Value of Goods and Insurance of Goods 1. The freight customer may declare the value of the goods.³ 2. When declaring the value of the goods, the freight customer must pay the enterprise a fee for the declaration of the value of the goods as agreed upon in the transportation contract.

3. The freight customer either purchases insurance for the goods themselves or entrusts the enterprise to purchase insurance for the goods in accordance with the law.

Article 32. Delivery and Receipt of Goods

1. Goods are considered to have been accepted for transportation by the enterprise when the enterprise has received all the goods, completed the procedures, and handed over two copies of the consignment form to the freight customer. From this point onwards (for goods without escorts), the responsibility for safeguarding and ensuring the safety of the goods fully rests with the enterprise, except in cases provided for in Clause 2 of Article 33 of this Circular. issue 2. Depending on the nature of the goods, the enterprise and the freight customer may agree and choose one of the following methods of delivery and receipt:

a) By unit quantity of goods through counting;

b) By volume: using measuring tools to determine the volume of goods on the carriage;

Article c) By weight: using scales to determine the weight of goods on the carriage;

d) Entire carriage: by intact sealing marks on the carriage;

e) By characteristics of the goods agreed upon by both parties in the transportation contract.

a) Delivery and receipt based on the number of units of goods through counting;

b) Delivery and receipt based on volume: using measuring tools to determine the volume of goods on the wagon;

c) Delivery and receipt based on weight: using scales to determine the weight of goods on the wagon;

d) Delivery and receipt of entire wagon: by intact sealing marks of the wagon;

đ) Delivery and receipt according to the characteristics of the goods agreed upon by both parties in the transportation contract.

Article 33. Inspection of Goods Name and Status

1. When receiving goods, the enterprise must inspect the goods name recorded in the consignment declaration sent, on the packaging, and securing of the consignment of the cargo owner. In case of doubt about the authenticity of the information in the consignment declaration, the enterprise has the right to request the cargo owner to open the packaging for inspection (except in cases provided for in Clause 2 of this Article).

2. For goods that have been packed onto wagons and sealed with lead seals by the cargo owner, the enterprise relies solely on the information in the consignment declaration and cannot inspect the goods' name, weight, packing specifications, and status. After accepting transportation, if competent authorities require verification of the authenticity of the information in the consignment declaration, the enterprise has the right to open the lead seals and packaging to cooperate in the inspection and must prepare an inspection record with confirmation from the competent authority requesting the inspection, while immediately informing the cargo owner. If discrepancies are found compared to the information in the consignment declaration regarding the type of goods, weight, packing specifications, and status of the goods, all resulting costs shall be borne by the cargo owner. for type of goods, weight, packaging specifications, and condition, all costs arising from changes shall be borne by the lessee of transport.

3. The enterprise has the right to refuse to transport when inspecting and finding that the goods are damaged, broken, or the information recorded in the consignment declaration does not match in the Field of Teachers and Educational Institution Managers reality.

Article 34. Sealing of Wagons and Goods

1. Covered wagons, temperature-controlled wagons, uncovered wagons with tarpaulins, and silo wagons carrying goods must be properly sealed according to regulations.

2. For full wagon shipments, depending on the delivery and receipt method agreed upon in the transportation contract, the sealing of wagons shall be carried out as follows:

a) If the enterprise delivers and receives goods based on weight or quantity, the enterprise seals them;

b) If the enterprise delivers and receives goods based on fully sealed wagons, the cargo owner seals them;

c) Follow other agreements between the enterprise and the cargo owner.

3. The cargo owner is responsible for sealing goods declared with value, containers, self-running machines. For automobiles, tractors, machinery with many detachable parts, not securely packaged, each part must be sealed.

4. The enterprise is responsible for sealing wagons carrying loose goods, transshipment wagons during transportation.

5. The sealing mark belongs to the party responsible for it, but it must be clear, complete, and identifiable during transportation.

6. Management and use of wagon seals are regulated by the enterprise.

Article 35. Consignment Invoice

1. The consignment invoice is issued by the enterprise according to a model registered with the competent state agency. The consignment invoice is a document for the delivery and receipt of goods between the enterprise and the cargo owner, serving as evidence for resolving disputes and compensation during transportation.

2. The enterprise is responsible for issuing the consignment invoice and delivering it to the cargo owner after the cargo owner delivers the goods. The consignment invoice must bear the signature of the cargo owner or their authorized representative.

3. The consignment invoice must clearly state the type of goods; the code and identification number of the goods; the quantity and weight of the goods; the place of delivery and receipt of goods; the name and address; telephone number, fax number, email address (if any) of the cargo owner and recipient; freight charges and incidental expenses; other details agreed upon by the enterprise and the cargo owner to be included in the consignment invoice; the enterprise's confirmation of the condition of the goods received for transportation.

4. Before issuing the consignment invoice, the cargo owner must fill in the consignment declaration provided by the enterprise with all required contents and sign (stamp if applicable). The declaration must contain all the contents specified in Clause 3 of this Article.

5. The cargo owner and the enterprise are responsible for the contents recorded in the consignment declaration and consignment invoice in accordance with the law.

Article 36. Documents Accompanying the Invoice for Shipment of Goods

1. The freight customer shall be responsible for delivering all necessary documents as prescribed by law to the enterprise at the departure station when shipping goods; they must fill out the shipment declaration form completely and bear full responsibility for any consequences arising from the absence, insufficiency, or non-compliance with regulations of the documents.

2. The enterprise has the duty to keep all documents accompanying the invoice for shipment of goods intact, attach them to the cargo car, and hand them over to the consignee. If the enterprise loses or damages the documents accompanying the invoice for shipment of goods, it must prepare a record confirming the incident to attach to the cargo car. ceased duty to keep all accompanying documents with the bill of lading, sent along with the wagon, and hand over to the recipient. If the enterprise loses or damages the accompanying documents with the bill of lading, it must prepare a record confirming the incident to send along with the wagon.

3. Any loss, damage, shortage of documents, or inaccurate contents of the documents causing losses or delays during transportation due to the fault of either party shall notify the other party and bear legal responsibility. compensation to the other party and bear legal responsibility.

Article 37. Preservation of Goods

1. The enterprise is responsible for preserving goods from the time of receiving the goods until delivering them to the consignee, except for types of goods that require escort personnel during transportation as stipulated in Article 38 of this Circular.

2. Before receiving goods for transport at the departure station, if requested by the freight customer, the enterprise may accept preservation of the goods from the time they arrive at the station and charge storage fees. At the arrival station, for goods that the enterprise is required to preserve, if the consignee does not collect the goods within the period specified in Article 41 of this Circular, the enterprise will continue to preserve the goods and charge storage fees.

Article 38. Escorting Goods

Article 38. Escorting Goods

In addition to types of goods that the freight customer must appoint escort personnel and organize escorting according to Decree No. 109/2006/NĐ-CP of the Government and relevant laws, escorting of other types of goods is agreed upon between the freight customer and the enterprise.

1. The transportation period is calculated from when the enterprise receives the goods and completes procedures at the sending station until the enterprise informs the recipient that the goods have arrived, including the following periods:

Article 39. Transportation Period

1. The transportation period is calculated from the time the enterprise receives the goods and completes procedures at the departure station until the enterprise informs the consignee about the arrival of the goods, including the following periods:

a) Time at the departure station;

b) Travel time on the route;

c) Time at the arrival station.

2. The transportation period is agreed upon in the transportation contract. If there is no agreement in the contract, the transportation period is determined according to the provisions of Clauses 3, 4, and Clause 5 of this Article.

3. Travel time on the route is calculated from 0 (zero) hours on the day the enterprise receives the goods and is defined as follows:

b) Loose goods: every 250 km or less than 250 km counts as one day.

4. Time at the departure station is counted as one day; time for delivery at the arrival station is counted as one day.

5. The travel time on the route as stipulated in Clause 3 of this Article is increased by the actual time the train must stop or the cargo car must halt in the following cases:

a) Road blockage due to force majeure;

b) Quarantine or care for animals and plants;

c) Supplementing conditions to preserve fresh or perishable goods;

d) Repairing, supplementing, reinforcing goods that have shifted or packaging that has been damaged but not due to the enterprise's fault;

đ) Goods detained by competent state authorities for handling as prescribed.

6. Goods are considered to have been transported within the transportation period if they arrive at the arrival station on the last day of the transportation period and the enterprise has informed the consignee of their arrival.

Article 40. Reporting Arrival of Goods

1. Immediately upon arrival at the destination station, the enterprise must notify the consignee according to the name and address recorded on the shipping invoice.

2. The method of notification may be direct or indirect as agreed upon in the contract.

3. The content of the notification must include the name, address of the consignee, date, and time of the notification.

Article 41. Period for Receiving Goods

1. The period for receiving goods includes the time for the consignee to arrive at the station, the time for completing procedures with the enterprise to receive the goods, the time for unloading the goods, and the time for removing all goods from the station.

2. The time for the consignee to arrive at the station and report to the enterprise representative to complete the procedures for receiving goods shall be calculated from the time of receipt of the notification plus the travel time to the station and two hours for preparation. After being notified by the enterprise that the goods have arrived, the consignee must come to receive the goods and remove them from the station within the prescribed period for receiving goods.

3. The time for completing procedures with the enterprise to receive goods is the actual time from when the consignee presents valid documents to the enterprise to complete the procedures until the enterprise completes the procedures and begins to deliver the goods.

4. After completing the procedures for receiving goods, the consignee must unload the goods and transport all goods out of the station. The time for unloading goods and transporting all goods out of the station is determined by the enterprise and must be publicly announced.

5. The consignee has no right to refuse to receive the goods when the enterprise has reported the arrival of the goods, except in cases where the goods are damaged due to the fault of the enterprise.

6. Beyond the period for receiving goods, the consignee must pay any detention charges for wagons, storage fees, preservation, and transportation costs incurred.

7. If the goods deteriorate or change quality due to exceeding the period for receiving goods, the consignee must bear responsibility.

8. For dangerous goods such as flammable, explosive substances; toxic, radioactive materials; corpses, remains, if the consignee does not receive or does not remove all goods from the station beyond the period for receiving goods, the enterprise must report to the competent authority for resolution.

Article 42. Delivery of Goods1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.i receive goods

1. The enterprise is responsible for delivering goods to the consignee according to the agreed form.

2. Goods accompanied by escorts are delivered in the form of full wagons.

3. At the destination station, the enterprise must deliver goods to the consignee in the form of quantity and weight handover if the consignee disagrees to receive full wagons in the following cases:

a) Seals on the wagon are not intact;

b) Perishable goods have exceeded the transportation period due to the fault of the enterprise;

c) The refrigeration or insulation process of the wagon has been violated due to the fault of the enterprise;

d) Unloading occurs without the presence of the consignee as stipulated in Article 45 of this Circular.

4. Goods are considered fully delivered and received if the difference in weight or volume between the sending station and the destination station does not exceed the agreed tolerance.

5. When delivering goods, if the consignee discovers shortages, excesses, damage, deterioration, or these phenomena have been discovered and documented by the enterprise during transportation, the enterprise and the consignee are responsible for determining the actual loss of the goods, preparing a record of the transaction as the basis for resolution.

In case both parties cannot agree on the actual loss of the goods, they may invite an appraisal organization to appraise the goods. All costs arising from the appraisal shall be borne by the party at fault.

6. Goods are considered fully delivered to the consignee when the consignee signs the delivery receipt of the destination station and receives the shipping invoice. "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."||| The consignee has signed the delivery receipt of the destination station and received the shipping invoice.

Article 43. Sanitation and Sealing of Freight Cars

1. When handing over freight cars to the freight transport lessee for loading goods, the enterprise must hand over clean freight cars. The freight transport lessee has the right to refuse to accept freight cars that have not been properly sanitized.

2. After unloading the goods, the consignee shall be responsible for returning to the enterprise the freight car that has been sealed and cleaned.

Article 44. Returning Accompanying Transport Equipment and Reinforcing Materials to the Freight Station

The freight transport lessee may request the enterprise to return to the freight station accompanying transport equipment and reinforcing materials belonging to the freight transport lessee, and pay transportation fees according to the enterprise's regulations.

Chapter V

RESOLUTION OF INCIDENTS DURING TRANSPORTATION

Article 45. Unattended Unloading1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.i receive goods

When the enterprise has notified the arrival of goods and the consignee has not arrived within the prescribed time limit as stipulated in Article 41 of this Circular, the enterprise may unload the goods in the absence of the consignee for items that the enterprise can unload and store. When collecting the goods, the consignee must pay the enterprise the costs of unloading, storing the goods, and other expenses as specified by the enterprise. issue Article 46. Goods Without a Consignee

1. Goods without a consignee shall be handled in accordance with the provisions of Article 106 of the Railway Law.

2. For perishable goods, if the enterprise has notified the arrival of goods and the consignee has not arrived within the prescribed time limit, such goods shall be treated as having no consignee. The enterprise is exempt from liability for damage or loss of the goods and shall proceed with the resolution process in accordance with the law.

Article 47. Presumed Lost Goods

1. Goods are presumed lost if the enterprise has not reported the arrival of goods beyond the following deadlines:

a) For general goods, it is 15 days; not b) For perishable goods, it is 04 days.

2. Compensation for losses due to the presumed loss of goods shall be carried out in accordance with the provisions of Article 71 of this Circular.

Article 48. Confiscation and Disposal of Goods

During transportation, if goods are confiscated or disposed of by competent state authorities, the enterprise must prepare a record as required and immediately inform the consignee and the freight transport lessee.

Article 49. Transportation Blockage

1. In case of transportation blockage where further transportation of goods is impossible, the enterprise must immediately inform the freight transport lessee and the consignee to agree on a solution. The freight transport lessee selects and agrees with the enterprise to implement one of the following forms of resolution: including computer-based multiple choice testsa) Return the goods to the freight station;

b) Return the goods to a siding station along the same route;

c) Transfer the goods to continue transportation; issues to the Head of the General Staff, Commander of the Military Region, Naval Zone Command, Director of the Enforcement Bureau as follows:

d) Wait for the road to clear before continuing transportation.

2. If the transportation blockage is due to the enterprise's fault, the freight transport lessee has the right to require the enterprise to transport the goods according to one of the forms prescribed in Clause 1 of this Article. Payment of transportation fees shall be resolved as follows:

a) If the goods are returned to the freight station, the enterprise must refund the entire transportation fee and incidental costs paid by the freight transport lessee under the contract;

b) If the goods are returned to a siding station along the same route, the enterprise must refund the transportation fee for the section from the unloading station to the destination station as stated on the freight bill;

c) If the goods are transferred to continue transportation, the enterprise organizes the transfer for goods that it can organize, and the freight transport lessee does not have to pay the transfer costs.

3. If the transportation blockage is not due to the enterprise's fault, the freight transport lessee shall negotiate with the enterprise to select one of the forms prescribed in Clause 1 of this Article for transporting the goods. Payment of transportation fees shall be resolved as follows:

a) If the goods are returned to the freight station or unloaded at a siding station along the same route or unloaded at the blocked station, the enterprise refunds the transportation fee for the section from the blocked station to the destination station as stated on the freight bill and charges 50% of the transportation fee for the return journey;

b) If the goods are transferred to continue transportation, the enterprise organizes the transfer for goods that it can organize, and the freight transport lessee must pay all incidental costs arising from the transfer.

4. If the enterprise has notified the blockage but has not received instructions from the freight transport lessee, the following actions shall be taken: issues to the Head of the General Staff, Commander of the Military Region, Naval Zone Command, Director of the Enforcement Bureau as follows:

a) For easily damaged goods and live animals, if no response is received from the freight transport lessee within four days, the enterprise may handle the goods according to Article 46 of this Circular, with the handling method being most beneficial to the freight transport lessee;

b) For other goods, the enterprise waits for the road to clear before continuing transportation.

5. The enterprise will not charge the freight transport lessee for changing the original freight car in cases as provided for in this Article.

a) For perishable goods and live animals, if no response from the lessee of transport is received within four days, the enterprise has the right to handle according to Article 46 of this Circular; the handling method must be most beneficial to the lessee of transport;

b) For other goods, the enterprise waits for the road to clear to continue transportation.

5. The enterprise does not charge the lessee of transport for changing the entire wagon under the circumstances specified in this Article. assessment stipulated in this Article.

Article 50. Handling when goods are found to be declared with incorrect names during transportation

1. For general goods, if they are found to have been declared with incorrect names, the enterprise continues to transport them to the destination station and may charge the consignee:

a) The outstanding freight charges;

b) A penalty for declaring incorrect goods names.

2. For dangerous goods or goods requiring special protective measures, if the shipper declares incorrectly, it shall be handled as follows:

a) In cases where it may cause harm to train safety and other goods, the enterprise will unload the goods at the nearest station and notify both the shipper and the consignee. The enterprise recalculates the freight charges, collects any incurred costs, and charges penalties based on the actual distance traveled;

b) In cases where public service units engage in joint venture and cooperation if it can continue transporting without compromising safety, the enterprise continues to transport to the destination station and has the right to collect from the consignee the amounts specified in Clause 1 of this Article.

Article 51. Overweight or overloaded goods

In cases where the weight is incorrectly declared for full-carriage goods, where the shipper declares in the cargo declaration form not matching the actual weight of the goods on the car, including the following situations:

1. If the total actual weight of the goods on the car ≤ 105% of the technical load capacity of the car or does not exceed the permitted technical load capacity of the car, the enterprise continues to transport to the destination station and may collect additional freight charges from the consignee along with overloading penalties as stipulated by the enterprise.

2. If the total actual weight of the goods on the car exceeds 105% of the technical load capacity of the car (exceeding 5%) or exceeds the permitted technical load capacity of the car, the enterprise has the right to unload the excess weight, notify the shipper, and agree on a resolution method. The enterprise may collect overloading penalties and any incurred costs as stipulated by the enterprise. If the shipper requests to continue transporting the excess weight to the destination station, it will be transported according to a new agreement.

Article 52. Cancellation of Transportation

The shipper has the right to request cancellation of transportation before the train departs from the departure station and must bear the costs arising from the cancellation of transportation. Conditions, procedures, formalities, and costs arising from the cancellation of transportation are regulated by the enterprise.

Article 53. Change of Consignee

1. The shipper has the right to designate a new consignee when the goods have not yet been delivered to the original consignee (the change of consignee can only be done once) and must bear the costs arising from changing the consignee.

2. Conditions, procedures, formalities, and costs arising from changing the consignee are regulated by the enterprise.

Article 54. Change of Destination Station

1. The shipper has the right to change the destination station even when the goods are being transported or have arrived at the destination station (the change of destination station can only be done once) but must bear the costs arising from changing the destination station.

2. Conditions, Installation procedures, and costs arising from changing the destination station are regulated by the enterprise.

Article 55. Transport of Goods in Containers

1. The enterprise only accepts the transport of containers that meet the technical standards of the car; containers transported on cars must ensure road load limits, railway gauge limits, and have valid safety certificates.

2. The shipper is responsible for the type of goods, loading methods, and weight of goods loaded in the container to ensure safety during rail transport.

3. Technical measures and organization of container transport are regulated by the enterprise.

Article 56. Transport of Hazardous Goods

The classification, technical conditions for loading, unloading, storage, and transport of hazardous goods shall be carried out in accordance with Decree No. 109/2006/NĐ-CP and related regulatory legal documents.

Article 57. Transport of Overlength and Overweight Goods

1. Goods that cannot be disassembled are considered overlength goods if they fall under any of the following cases:

a) Goods when loaded onto railway cars on level ground have a height from the rail surface exceeding the specified limit or a width exceeding the locomotive and car body limits set forth in the National Technical Regulations on Railway Operation (hereinafter referred to as goods exceeding the size limit);

b) Goods when loaded onto railway cars on straight tracks have a length exceeding the length of the car floor (hereinafter referred to as goods exceeding the length limit).

2. Goods that cannot be disassembled are considered overweight goods if they fall under at least one of the following cases:

a) Goods have a weight exceeding the permissible load capacity of the car;

b) Goods have a length of less than two meters on the car floor and a weight greater than sixteen tons.

3. Freight charges for overlength and overweight goods shall be agreed upon between the enterprise and the customer.

4. When transporting overlength and overweight goods by railway, the enterprise must obtain approval from the competent authority.

5. The organization of the transport of overlength and overweight goods shall be carried out in accordance with the provisions of the enterprise.

Article 58. Transport of Goods on Branch Lines and Dedicated Railways Connected to the National Railway Network

The transport of goods electronic media in Vietnam on branch lines and dedicated railways connecting to the national railway network and vice versa must consistent comply with the provisions of this Circular.

Chapter VI

FREIGHT CHARGES AND OTHER COSTS

Article 59. Freight Charges and Other Costs

1. Freight charges and other expenses are determined based on the freight rate class, weight, distance of transportation, and quality of service.

2. Freight charges and other expenses on railways are decided by the enterprise and must be publicly announced and posted at the enterprise's transaction location at least ten days before implementation.

3. When increasing freight rates, the enterprise must follow the provisions of Clause 2 of this Article. The enterprise must also publicly announce and post when reducing freight rates.

Article 60. Freight Rate Class

The freight rate class of goods is determined based on the nature, value, storage conditions, transportation conditions, or other relevant characteristics of the goods to be transported. The freight rate class of goods is stipulated by the enterprise.

Article 61. Weight for Freight Calculation

1. Principles for determining the weight for freight calculation:

a) Loose goods: calculated based on actual weight, with a minimum weight of twenty kilograms, and any fraction below five kilograms rounded up to five kilograms.

b) Full carload goods: calculated based on the permissible load capacity of the car. For special bulky goods (the list of special bulky goods is defined by the transport enterprise), if the weight of the loaded goods is seventy-five percent or less, it is calculated as seventy-five percent of the permissible load capacity of the car; if the weight of the loaded goods exceeds seventy-five percent, it is calculated based on the actual load capacity. In cases where special bulky goods are mixed with non-bulky goods, they are calculated as non-bulky goods. The weight of full carload goods under five hundred kilograms is not counted, while weights from five hundred kilograms to less than one ton are counted as one ton. Article 31. Declaration of Value of Goods and Insurance of Goods c) In a car carrying multiple types of goods with different freight rate classes, the weight for freight calculation is determined as follows: if the customer records the weight of each type of goods separately, the freight is calculated individually for each type and then aggregated; if the customer does not record the weight of each type of goods or records incompletely, the unrecorded portion is calculated based on the highest value freight rate among the rented goods; if the total weight of the goods is less than the permissible load capacity of the car, the unused load capacity is calculated based on the freight rate of the heaviest goods or the lowest value freight rate among the goods with the same heaviest weight. Article 31. Declaration of Value of Goods and Insurance of Goods 2. The weight of all packaging materials used for goods must be included in the weight of the goods for freight calculation. Article 31. Declaration of Value of Goods and Insurance of Goods 3. For goods transported in containers, the weight for freight calculation is the maximum utilized weight (including the registered weight of the container and the gross weight). Article 31. Declaration of Value of Goods and Insurance of Goods 4. The determination of the weight for freight calculation for corpses, remains, and other goods requiring special storage and transportation shall be carried out according to the enterprise's regulations. Article 31. Declaration of Value of Goods and Insurance of Goods 5. The weight for calculating other costs is the weight for calculating freight charges.

c) In a wagon containing different types of goods with different freight rates, the freight weight is determined as follows: if the lessee of transport records the weight of each type of goods separately, calculate the freight for each type individually then aggregate; if the lessee of transport does not record the weight of each type of goods or records incompletely, the part without recorded weight will be calculated at the highest freight rate among the types of goods being transported; if the total weight of goods is less than the technical load capacity of the wagon, the unused load capacity will be calculated at the freight rate of the heaviest type of goods or at the lowest freight rate among the types of goods with the same maximum weight.

2. The weight of all packaging materials used for goods must be included in the weight of the goods for calculating freight charges.

3. For goods transported in containers, the weight of goods for calculating freight charges is the maximum load used (including the registered load capacity of the container and the gross weight).

4. Determination of the weight of goods for calculating freight charges for corpses, remains, and other special goods requiring preservation and transportation shall be carried out according to the enterprise's regulations.

5. The weight for calculating other costs is the weight for calculating freight charges.

Article 62. Distance for Freight Calculation

1. The distance for freight calculation is the railway transportation route determined based on the distance between stations published by the competent authority.

2. In railway transport, the minimum distance for freight calculation is 30 kilometers.

Article 63. Shunting Fee

1. The shunting fee is calculated based on the number of cars to be shunted, the shunting distance, and the shunting rate.

2. The shunting distance is calculated from the point where the car is coupled at the station to the end of the shunting track, applied for every 500 meters; any fraction less than 500 meters is counted as 500 meters.

3. If within the station area, the consignor requests to load or unload goods at a location other than the designated place and such request is accepted by the enterprise, then the consignor must pay the shunting fee with the shunting distance counted as 1,000 meters.

4. The shunting rate is determined based on the costs of locomotives, cars, tracks, signaling systems, and other service activities. Specific cost standards are set by the enterprise.

Article 64. Other Charges

1. For types of goods that require actual weight determination during transportation due to delivery and receipt requirements, weighing must be conducted and the consignor must pay the weighing fee. In cases where weighing is required to resolve disputes, the party at fault must bear the weighing fee.

2. Storage fees and warehouse charges are paid by the consignor or the consignee when they arise due to the fault of the consignor. Storage fees and warehouse charges are determined based on the nature, value, storage conditions, or other relevant characteristics of the goods, as well as the quantity of goods and the duration of storage. Not deposited into temporary account arising from the fault of the lessee of transport. Storage fees, warehouse fees are determined based on the nature, value, storage conditions, or other related characteristics of the goods and the quantity of goods, storage time.

3. Fees for changing the consignee, destination station, cancellation, and alteration of full-carriage transportation are calculated based on the number of cars.

4. The fee levels are specified by the enterprise.

Article 65. Car Detention Fee and Accompanying Transport Equipment

The car detention fee and accompanying transport equipment fee are determined based on the number of cars and accompanying transport equipment detained, the detention period, and the car detention rate and accompanying transport equipment rate. The car detention rate and accompanying transport equipment rate are set by the enterprise.

Chapter VII

REWARDS, PENALTIES AND PAYMENTS

Article 66. Rewards and Penalties

The consignor and the enterprise may agree in the transportation contract on rewards and penalties for the performance of each party's obligations during transportation. transfer of enterprise ownership form or restructuring of enterprises. transportation.

Article 67. Currency and Payment Methods

The consignor and the enterprise have the right to make payments in Vietnamese dong or by other methods agreed upon and clearly stated in the transportation contract.

Article 68. Payment Provisions

Payment shall be made according to the agreement in the transportation contract between the consignor and the enterprise. In the absence of an agreement, payment shall be made in accordance with the following provisions: transfer of enterprise ownership form or restructuring of enterprises. 1. The consignor must pay the freight and other incidental charges at the departure station before the enterprise transports the goods.

2. The consignee must pay the outstanding freight and other incidental charges incurred along the route or at the arrival station before receiving the goods.

3. In case the consignor or consignee fails to make payment as stipulated in Clause 1 and Clause 2 of this Article:

a) At the departure station, the enterprise has the right to retain the goods until the consignor completes the payment;

b) At the arrival station, the enterprise has the right to retain the goods until the consignor or consignee completes the payment;

c) The consignor or consignee must pay the storage fees, car detention fees, and other incidental charges arising from delayed payment.

c) The lessee of transport and the recipient must pay storage fees, wagon detention fees, and other costs arising from delayed payment for the goods.

Article 69. Adjustment of Freight Rates and Other Expenses construction costs; of each type of aircraft of the Vietnam Coast Guard

When excess freight rates and other expenses are discovered, the lessee of transportation services and the enterprise have the right to request adjustments as follows:

1. If discovered at the departure station before the goods are transported, the adjustment shall be requested at the departure station.

2. If discovered before delivery, the adjustment shall be requested at the arrival station.

3. If discovered after the goods have been delivered to the consignee, the parties still have the right to request an adjustment.

Chapter VIII

COMPLAINTS, DISPUTES, AND COMPENSATION

Article 70. Exemption from Liability for Compensation for Damaged Goods

The enterprise is not liable for compensation for damaged goods in the following cases:

1. Due to force majeure.

2. Due to the natural characteristics or inherent defects of the goods; due to the nature of the goods causing self-ignition, deterioration, loss, corrosion, cracking, breakage; live animals suffering from disease. g3. Loss or damage of goods with escorts not caused by the fault of the enterprise.

4. The lessee of transportation improperly packages, crates, or stacks goods in containers.

5. Due to defects in packaging that the enterprise cannot detect.

6. Misdeclaration of the name of the goods; incorrect marking of cargo labels.

7. Goods sealed by the shipper remain intact with seals undisturbed, without any signs of tampering or damage on the wagon or container.

8. Goods stacked in open wagons remain intact with protective markings; securing straps are tight, packages are intact, and the quantity is complete, without any signs of tampering or damage.

9. Due to exceeding the time limit for receiving goods as stipulated in Article 41 of this Circular resulting in damage or loss of goods.

10. Due to confiscation or forced inspection by competent state authorities leading to damage, loss, or destruction of goods.

Article 71. Compensation for Damaged or Lost Goods

The enterprise compensates for damaged goods to the lessee of transportation services and the consignee according to the following provisions:

1. For total loss of goods, full compensation is provided; for partial damage, shortage, or loss, compensation is provided for the damaged, short, or lost portion;

if the damaged, short, or lost portion renders the goods completely unusable, full compensation must be provided, and the enterprise retains ownership of the damaged goods compensated. Not deposited into temporary account 2. The level of compensation for shortages or losses is implemented as follows:

if the value of the goods is declared on the shipping invoice, compensation is provided according to the declared value;

a) For if the enterprise proves that the actual loss is lower than the declared value, compensation is provided according to the actual loss; Not deposited into temporary account b) For goods without declared value on the shipping invoice, compensation is provided according to the following: agreed upon by both parties; based on the purchase invoice value; based on the market price of the goods at the time of payment of freight charges and the place of delivery; in case there is no market price for the goods, based on the average value of similar quality goods in the area of delivery.

the basis for resolution under Clause 1 and Clause 2 of this Article, the level of compensation does not exceed VND 50,000 (fifty thousand dong) per kilogram of damaged goods.

3. In cases where the entity implements audit recommendations, inspections, or financial authorities' requests for activities under its management during the year, the entity must prepare a report on the implementation of audit recommendations, inspections, and financial authorities' requests in accordance with this Circular. Data implemented according to audit recommendations and inspection agencies' requests for projects using state budget investment funds reported according to the model specified in Circular No. 85/2017/TT-BTC dated August 15, 2017 of the Ministry of Finance regarding the final settlement of state budget investment fund usage according to annual fiscal years and other relevant documents shall not be consolidated into the reporting form specified in this Circular. hold, issue 4. For goods that the lessee of transportation services has insured, compensation is carried out according to

insurance terms. transfer of enterprise ownership form or restructuring of enterprises. 5. In addition to compensation for damages as stipulated in Clauses 1, 2, 3, and Clause 4 of this Article, the enterprise must also refund the lessee of transportation services the full freight charges or additional fees for the damaged goods.

6. The lessee of transportation services, the consignee, and the enterprise agree on the forms and levels of compensation for goods specified in Clauses 1, 2, 3, and Clause 4 of this Article or by other forms and levels of compensation mutually agreed upon by both parties; in case of disagreement, compensation will be carried out according to the provisions of Article 74 of this Circular.

6. The lessee of transport, the recipient, and the enterprise agree on forms and levels of compensation for goods as prescribed in Clauses 1, 2, 3, and Clause 4 of this Article or by other forms and levels of compensation mutually agreed upon by both parties; in case of disagreement, compensation shall be carried out according to the provisions of Article 74 of this Circular.

Article 72. Deposit for Carriage Vehicles and Transport Equipment

The deposit for carriage vehicles and transport equipment attached to the carriage vehicle is the amount of money that the freight transportation lessee or consignee must pay to the enterprise due to prolonging the usage period beyond the prescribed term. The pricing for the deposit for carriage vehicles and transport equipment attached to the carriage vehicle shall be determined by the enterprise.

Article 73. Compensation for Damage to Locomotives, Carriages, and Transport Equipment

During the process of loading, unloading, and transporting goods, if the freight transportation lessee, consignee, or enterprise causes damage to the transportation means, transport equipment, or loss of spare parts and facilities of the transportation means, they must compensate the party suffering losses.

Article 74. Dispute Resolution

1. In the course of rail freight transportation, if incidents occur affecting the rights and interests of the parties involved, the enterprise and the freight transportation lessee, consignee shall resolve disputes through negotiation, mediation, or requesting arbitration or filing a lawsuit with the court. The procedures and formalities for dispute resolution shall be carried out in accordance with the provisions of the law.

2. Time limit for complaints and statute of limitations for initiating lawsuits shall be implemented according to Articles 110 and 111 of the Railway Law.

Chapter IX

IMPLEMENTATION

Article 75. Effective Date

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

2. Abolish Decision No. 05/2006/QĐ-BGTVT dated January 13, 2006 of the Minister of Transport on the issuance of regulations on national railway freight transportation.

3. When the legal normative documents cited and applied in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall apply.

Article 76. Organization a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Railway Administration, Heads of agencies, organizations, and individuals related shall be responsible for enforcing this Circular./.