Tiếng Việt| MINISTRY OF TRANSPORT | SOCIALIST REPUBLIC OF VIETNAM |
| No.22/2018/TT-BGTVT | Hanoi, May 02, 2018 |
CIRCULAR
ON REGULATIONS ON TRANSPORT OF CARGO ON NATIONAL RAILWAYS AND DEDICATED RAILWAYS CONNECTED TO NATIONAL RAILWAYS
Pursuant to the law on railway no.06/2017/QH14 dated June 16, 2017;
Pursuant to Decree No.12/2017/ND-CP dated February 10, 2017 of the Government on functions, missions, rights and organizational structure of the Ministry of Transport;
At the request of Director General of the Department of Transport and Director of Vietnam Railway Authority;
The Minister of Transport promulgates a Circular on transport of cargo on national railways and dedicated railways connected to national railways.
Chapter I
GENERAL REGULATIONS
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This Circular provides for transport of cargo on national railways and dedicated railways connected to national railways.
Article 2. Regulated entities
This Circular shall apply to organizations and individuals regarding the transport of cargo on national railways and dedicated railways connected to national railways.
Article 3. Definitions
For the purpose of this Circular, the terms below shall be construed as follows:
1. “cargo” means the property of organizations or individuals transported on railways by the rail freight transport trader hired by its owner.
2. “less-than-carload freight" means cargo that does not require full capacity of a wagon for its transportation.
3. “full carload freight” means cargo loaded onto a single goods wagon, sent from one transport service buyer to one consignee, from one departure depot to one arrival depot.
4. “self-propelled cargo” means a railway vehicle registered and certified to satisfy technical standards for safety which allows it to be assembled into trains instead of being loaded onto the goods wagons during the transport.
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6. “technical carload” means the maximum weight of cargo loaded onto a goods wagon in consistent with the standard of its design.
7. “permissible technical carload" means the maximum quantity of cargo loaded onto a goods wagon in compliance with maximum load order on railways.
8. “force majeure” means events caused by acts of god, hostilities, epidemic or occurring to ensure social order and security not by faults of the freight transport trader, transport buyer or consignee although they have put great effort in solving the problems.
Chapter II
ORGANIZATION OF CARGO TRANSPORT
Article 4. Unit of measurement of time in cargo transport
The measurement unit of time in cargo transport is hour (60 minutes) or day (24 hours) and the residual time will be rounded as follows:
1. If the measurement unit is hour, the residual time greater than 30 minutes will be counted as 1 hour. This type of measurement shall not applied to residual time under 30 minutes
2. If the measurement unit is day, the residual time greater than 12 hours will be counted as 1 day. This type of measurement shall not apply to residual time under 12 hours.
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1. The rail freight transport trader (hereinafter referred to as the transport trader) shall take responsibility to publish its place of transaction so that the transport buyer carries out the transport business.
2. Primary contents of this Circular and other regulations regarding the rail freight transport must be published at the place of transaction.
3. The transport trader shall take responsibility to publish information on the freight as prescribed in Clause 2 in Article 56 of the law on railway transport.
Article 6. Modes of transport
1. Rail freight transport in the forms of full carload (hereinafter referred to as full carload freight) or less-than-carload (hereinafter referred to as less-than-carload freight)
2. Other modes of rail freight transport stipulated by the transport trader.
Article 7. Full carload freight
Cargo required to be transported by in the form of full carload shall be listed as below:
1. Machines, equipments or instruments failing to be loaded onto a cover wagon
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3. Live animals
4. Hazardous cargo, unless otherwise prescribed.
5. Corpse.
6. Cargo transported under special requirement of the transport buyer or requiring good care and special protection.
Article 8. Goods wagons
A goods wagon must satisfy technical conditions and requirements specified in national technical regulations on railway transport and other relevant regulations of laws.
Chapter III
TRANSPORTING CARGO
Section 1. TRANSPORT OF ORFINARY CARGO
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1. The transport buyer shall take responsibility to accurately declare the name of cargo as required by the transport trader. The name of hazardous cargo must be provided in consistent with the one in the list of hazardous cargo transported on railways vehicles. The transport buyer shall take responsibility for consequences arising due to false declaration of the cargo’s name
2. Where necessary, the transport buyer might declare the name of cargo by using symbols for confidential protection of transported cargo but must inform the director of the transport trader.
3. For the case in which the name of cargo serving national defense and security purposes shall not be declared as prescribed in Clause 1 and 2 of this Article, the transport buyer must inform the person in charge of the freight transport and mutually develop methods for ensuring rail transport safety.
Article 10. Requirements applied to cargo to be transported
1. The transport trader shall receive transport order of all types of cargo excluding:
a) cargo that is prohibited to be transported in railway practices as regulated by laws;
b) cargo that fails to meet the technical condition for rail transport;
c) cargo that fails to comply with regulations specified in Article 62, 63, 64, 65 of the law on railway transport.
2. High-technique or high-quality cargo transport must be agreed by both the transport trader and transport buyer.
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The transport trader shall transport cargo in order of priority as follows:
1. Cargo serving special missions or social security purposes as required by the competent regulatory agencies
2. With regard to cargo not prescribed in Clause 1 in this Article, transport them in the order of cargo receiving
3. With regard to cargo received at once, transport them in the following orders:
a) hazardous cargo, corpse, skeleton;
b) live animals, vulnerable cargo, cargo easy to lose its weight;
c) Other cargo not prescribed in above-mentioned regulations stipulated by the transport trader.
Article 12. Transport refusal or suspension
1. The transport trader may refuse or suspend cargo transport in following cases:
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b) The transport buyer fails to conform to provisions contained in the transport contract and breach relevant regulations in this Circular;
c) Railway congestion is caused by force majeure.
2. The transport buyer may refuse to buy cargo transport service or request the transport trader to cease the transport in the following cases:
a) The transport trader fails to conform to provisions contained in the transport contract and breaches relevant regulations in this Circular.
b) Events are caused by force majeure.
Article 13. Provision of goods wagons, transport instruments attached to them and reinforced materials
1. The transport trader shall take responsibility to sufficiently provide designated types of goods wagon at the loading point under the transport contract or agreement with the transport buyer on schedule.
2. Provided goods wagons must meet the technical requirements and conditions as prescribed in Article 8 in this Circular.
3. The transport buyer and transport trader shall come to an agreement on provision of necessary materials and instruments for the purpose of stably and safely reinforcing and protecting the cargo during the transport.
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a) Pales, fixed chains on the wagon with open and flat deck if the cargo is loaded onto such wagon instead of a wagon enclosed with sides as expected.
b) Tarpaulin on the open wagon if the cargo is loaded onto such wagon instead of a fixed-roof wagon as expected.
5. The transport trader shall take responsibility to verify reinforced materials and instruments of the transport buyer and may not put them in use if such materials and instruments are found to fails to comply with regulations on transport safety assurance.
6. The transport trader is required to verify the technical safety standard, ask for appropriate replacement and repair to ensure transport safety of the goods wagon provided by the transport buyer.
Article 14. Notices of goods wagons arriving loading and unloading point
1. The transport trader must notify the transport buyer of the quantity and wagon number of the goods wagon arriving at the loading road or communication point at the latest 2 hours ahead of wagon provision time.
2. If the feeder roads and dedicated roads have been mentioned in the contract with prescribed daily time of wagon provision, the notice is not required.
3. The transport buyer must be notified of goods wagons arriving at the loading and unloading point 2 hour ahead of the time goods wagons are provided for the transport buyer. The transport trader must pay all costs incurred to the notice time if failing to notify or late notifying the transport buyer of cargo arrival.
Article 15. Time limit for carrying cargo to the departure depot
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Article 16. Cargo stored in warehouse and yard.
The cargo will be stored in the warehouse or wagon yard under the agreement between the transport buyer and the transport trader depending on requirements and capacity of both parties adhering to the principle of equality and mutual assistance during the transport.
Article 17. Technique of loading cargo onto the goods wagon
1. The weight and volume of each type of cargo must suitable for each type of goods wagon in each railway line regulated by the transport trader for safety assurance during the transportation.
2. Loading cargo onto the wagon must comply with the following regulations:
a) For the case in which the load is under the permissible technical carload or prescribed volume applied to each type of cargo, goods wagon in each railway line, the transport buyer must pay the freight according to permissible technical carload of the goods wagon in use;
b) If the cargo loading fails to satisfy the technical standard for weight or volume or cargo loading regulations, re-loading is required and the party in charge of loading cargo must pay the loading and unloading charge or other costs incurred due to overdue loading or unloading;
c) Overloading of cargo is prohibited. If the goods wagon is overloaded, the party in charge of loading cargo must unload the amount of cargo that excess the permissible technical load and pay unloading or reloading charge and the cost for prolong occupancy of the goods wagon
d) The amount of cargo loaded onto goods wagons with minimum carload or volume must consistent with the prescribed load or volume for transport safety assurance.
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Article 18. Responsibilities for loading and unloading cargo
The loading and unloading of cargo will be arranged by the transport trader and transport buyer. If the transport buyer in charge of the cargo loading, the transport trader shall take responsibility to provide guidelines and supervise the transport buyer during the loading of cargo. When discovering that the loading fails to comply with the regulations, the transport trader may ask the transport buyer to handle it before transporting cargo
Article 19. Loading and unloading time
1. Time for loading cargo onto a goods wagon will be counted from the time such wagon has arrived at the loading point and the transport trader has informed the transport buyer until the cargo has been loaded.
2. Time for unloading cargo onto a goods wagon will be counted from the time such wagon has arrived at the unloading point and the transport trader has informed the transport buyer until the cargo has been unloaded and the empty wagon has been returned to the transport trader including the time for cleaning and closing doors of the wagon.
3. The maximum time for loading and unloading cargo onto a goods wagon cluster will be the same as that for loading and unloading freight onto a wagon unless otherwise prescribed in the transport contract.
4. Maximum time limit for loading and unloading cargo onto a goods wagon or wagon cluster will be decided by the transport trader.
Article 20. Cargo that cannot be loaded onto a single wagon
Cargoes that must not be loaded onto the same wagon are listed as below:
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2. Foods and stinking cargo
3. Liquid and moisture-susceptible cargo
4. Cargo transported under special conditions and those transported under ordinary conditions
5. Types of cargo that could cause chemical reaction or easily explode
Article 21. Cargo packaging
1. The transport buyer must package the cargo meeting the standard to prevent the cargo from being lost, losing weight, being damaged, having its quality impaired or affecting other cargo during the loading, unloading and transportation depending on the characteristic of cargo.
2. Cargo that is put into the coffin, box or parceled must have its brand, sign, symbol, characteristic (if any), weight and full name provided accurately and transparently.
3. Packaging corpse and skeleton must comply with regulations in Article 64 of the law on railway transport.
4. The transport trader may verify the cargo packaging and ask the transport buyer to add more information as regulated prior to transporting such cargo.
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1. The transport buyer must attach a cargo tag to the top and bottom of the less-than-carload freight which clearly specifies: the name of departure and arrival depot, full name, address, contacts of the transport buyer, consignee, name and weight of the cargo, parcel number and quantity as well as other necessary information.
2. For the case in which the cargo tag cannot be attached to the less-than-carload freight, the transport buyer must write all information prescribed in Clause 1 in this Article on the part of the parcel that easily catch people's eye.
3. The transport trader shall take responsibility to offer the cargo tag and verify or instruct the transport buyer to use it.
Article 23. Determination of cargo weight
1. With regard to the less-than-carload freight: The transport trader shall determine the weight of cargo to estimate the freight; measure the volume of bulky cargo then convert into weight, for instance, 1 cubic meter equals 300 kilograms and write the results in the shipper’s declaration.
2. With regard to full carload freight: The transport buyer is required to determine the weight of cargo to be recorded in the shipper’s declaration; the transport trader may verify the weight and quantity of cargo provided by the transport buyer in the shipper’s declaration.
Article 24. Declaration of cargo value and insurance
1. If the cargo value is required to be declared, the transport buyer must pay the transport trader the cost of cargo value declaration under the terms of the transport contract.
2. Insurance for cargo transported on railways must be purchased under the terms of the transport contract and complying with regulations and law.
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1. When receiving the cargo, the transport trader must verify its name and weight declared in the shipper’s declaration, on the packaging, lashing of the parcel of the transport buyer. The transport trader may ask the transport buyer to unwrap the package for verification if there is any doubt about the truthfulness of the information provided in the shipper’s declaration, unless otherwise prescribed in Clause 2 in this Article.
2. With regard to cargo that has been packaged with a security seal and loaded onto the goods wagon by the transport buyer, the transport trader shall check the cargo based on the information provided in the shipper’s declaration without verifying its name, weight, packaging standard and state. When transporting the cargo, if competent authorities request a verification of the truthfulness of the information provided in the shipper’s declaration, the transport trader may unseal the cargo or unwrap its packaging to serve the verification and immediately inform the transport buyer. If there is false information found against the information provided in the shipper’s declaration on the name, type, weight, packaging specifications and state of the cargo, all costs incurred will be paid the transport buyer.
3. When discovering any cargo with false information in the shipper’s declaration, the transport trader may ask the transport buyer to re-inventory the cargo and declare its name properly to be transported. If the transport buyer fails to re-declare the correct name of the cargo, the transport trader may refuse to transport such cargo.
Article 26. Cargo delivery and receipt
1. According to the cargo's characteristic, the transport trader and transport buyer shall discuss and select one of the delivery and receipt modes as follows:
a) Delivery and receipt according to the quantity of cargo by counting;
b) Delivery and receipt according to volume by measuring the volume of cargo in the wagon using measuring instruments;
c) Delivery and receipt according to weight by measuring the weight of cargo in the wagon using a scale;
d) Full carload delivery and receipt based on the unopened and undamaged sealed packaging;
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e) Other modes of delivery and receipt under the agreement of the transport buyer and trader.
2. Cargo considered to be transported if the transport buyer sufficiently delivers it to the transport trader and receives a document of delivery and receipt bearing the signatures of both parties. Starting from this point, the transport trader is required to take full responsibility for the supervision and protection of the cargo transported without an escort, unless otherwise prescribed in Clause 2 in Article 25 of this Circular.
Article 27. Sealing goods wagons and cargo
1. Covered wagons, refrigerator cars, open wagons, tank wagons must be sealed as regulated when transporting cargo.
2. With regard to full carload freight, according to the mode of delivery and receipt under the terms in the transport contract, the wagon shall be:
a) sealed by the transport trader in case of delivery and receipt according to the weight or quantity of the cargo;
b) sealed by the transport buyer in case of delivery and receipt of full carload with security seal;
c) sealed under other agreements of the transport trader and transport buyer.
3. The transport buyer shall take responsibility to seal high-value cargo, container and self-operating machines. Cars, tractors and machines with removable components or not well packaged must be sealed in detail.
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5. The sealed sign will be decided by the party in charge of sealing the wagon and must be clear, adequate and recognizable during the transport. 6. The management and use of wagon seals shall be stipulated by the transport trader.
Article 28. Cargo maintenance
1. The transport trader is required to keep the cargo maintained from the time transporting until delivering it to the consignee, except for cargo transported with an escort during the transport as prescribed in Article 30 of this Circular.
2. Before receiving the cargo at the departure depot, if being requested by the transport buyer, the transport trader could carry out the maintenance of cargo from the time it is carried to the depot and collect the maintenance charge at the arrival depot; with regard to the cargo maintained by the transport trader, if such cargo is not received by the consignee although the cargo receipt period prescribed in Article 35 of this Circular has passed, the transport trader may continue to maintain it and collect maintenance charge and other costs (if any).
Article 29. Bill of lading
1. The bill of lading will be made as prescribed in Clause 2 and 3 in Article 55 of the law on railway transport.
2. Before preparing a bill of lading, the transport buyer must declare all information on the cargo including all contents prescribed in Clause 3 in Article 55 of the law on railway transport according to the form provided by the transport trader.
3. The transport buyer and transport trader must take responsibility for contents declared in the bill of lading and shipper’s declaration as regulated by laws.
Article 30. Accompanying cargo
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Article 31. Transport period
1. Transport period is calculated from the time the transport trader receives the cargo and fulfill all procedures at the departure depot until the consignee is notified of cargo arrival., including the following time:
a) Time at departure depot;
Journey time;
a) Time at arrival depot
2. The transport period shall be mutually decided by both parties in the transport contract. If the contract fails to provide for the transport period, such period will be determined as prescribed in Clause 3, 4 and 5 in this Article.
3. The journey time is calculated from 00:00 AM after the day the transport trader agree to transport the cargo.
a) With regard to the transport of full carload freight: every 300km or less than 300km will be counted as 1 day.
a) With regard to the transport of less-than-carload freight: every 250 km or less than 250 km will be counted as 1 day.
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5. The journey time shall be prescribed in Clause 3 in this Article and added the time for parking or stopping of the goods wagon in case of:
a) railway congestion caused by force majeure.
b) plant and animal care and quarantine;
c) amendments to conditions for cargo maintenance applied to fresh or vulnerable cargo;
d) repair, supplement or reinforcement of displaced cargo or damaged packaging not caused partly by the transport trader;
dd) cargo seized by competent regulatory agencies
6. Cargo is considered to be transported on schedule if it arrives the railway depot on the last day of the transport period and the consignee is notified of its arrival by the transport trader.
7. The transport trader must incur the cost of overdue shipment under the terms of the transport contract.
8. The transport trader may shorten the transport period prescribed in Clause 3 and 4 in this Article or in the transport contract and inform the transport buyer and must maintain the cargo under the terms of the contract if such cargo is not received by the consignee.
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The cleaning and closing of goods wagons' doors shall be arranged by the transport trader and transport buyer Wagon cleaning must comply with regulations of the law on environmental protection.
Article 33. Documents attached to the bill of lading
1. The transport buyer is required to transfer adequate documents regarding the cargo as regulated by laws to the transport trader; declare all information in the shipper’s declaration and take full responsibility for the consequences of the failure to provide documents, insufficient documents or documents not required.
2. The transport trader shall take responsibility to preserve all documents attached to the bill of lading sent along with the goods wagon and transfer them to the consignee. When losing or damaging such documents, the transport trader must record the incident in written and send it along with the goods wagon.
3. The party causing loss, damage or lack of documents or incorrect contents of the documents which lead to the loss and delay during the transport must compensate to another party and take legal responsibility.
Article 34. Arrival notice
1. The transport trader must inform the consignee according to the name and address provided in the bill of lading right after the cargo arrives at the arrival depot.
2. The consignee could be directly or indirectly informed under the terms of the contract.
3. Contents informed must include the name, address of the consignee, date and time of informing.
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1. Receipt period shall be calculated from the time the consignee is informed of arrival by the transport trader until taking the cargo out the depot.
2. The transport trader shall stipulate the receipt period for each type of cargo to be transported and publish it at the points of cargo transaction and depot trading cargo.
3. The consignee is not entitled to refuse the cargo when being informed of arrival by the transport trader, except for weight loss or quality reduction or damage of the cargo caused partly by the transport trader.
4. In case of overdue receipt, the consignee must pay all costs of prolong occupancy of goods wagons, demurrage, maintenance and moving of cargo, if any.
5. The consignee must be self-responsible for weight loss, quality impairment or damage of the cargo if it is received when the period of cargo receipt has been passed.
6. The transport trader must inform competent authorities if the consignee fails to receive hazardous cargoes such as fire-susceptible, explosive, poisonous or radioactive cargo, corpse and skeleton although the period of cargo receipt has been passed.
Article 36. Delivering cargo to the consignee
1. The transport trader shall take responsibility to preserve all documents attached to the bill of lading sent along with the goods wagon and deliver them to the consignee.
2. The mode of cargo delivery will be the same as that of the cargo transport, unless otherwise prescribed in the transport contract.
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4. When receiving cargo, if the consignee discover that the loss, weight loss, damage or quality impairment of the cargo or such incidents have been recorded in writing during the transportation, the transport trader and consignee shall take responsibility to define the actual losses of the cargo and make a carrier’s statement as the basis for handling. If both parties fail to reach an agreement on the loss of cargo, they could have the cargo inspected by the inspection organization. All expenses arising out of the inspection will be paid by the offending party.
5. The cargo is considered to be successfully delivered when the consignee signs the confirmation note and receive the bill of lading.
Article 37. Transport of cargo put in containers
1. The transport trader shall transport containers meeting the technical standard of the wagon; containers transported by the wagon must be consistent with the maximum load applied to bridge and railway road, dimensional limits of the railways and granted an unexpired safety certificate.
2. The transport buyer shall take responsibility for the cargo, loading method and the weight of cargo loaded into the container to ensure safety during the rail transportation.
3. Technical methods for transporting containers shall be prescribed by the transport trader.
Section 2. TRANSPORT OF SPECIAL CARGO
Article 38. Transport of overweighed and oversized cargo
1. Oversized cargo means:
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b) cargo whose length, once loaded, exceeds the length of the floor of the goods wagon
2. Overweighed cargo means:
a) cargo whose weight exceeds the permissible technical load of the wagon;
b) cargo whose length contacting the floor of the wagon is less than 2 meters and weighs over 16 tonnes.
3. The transport of oversized and overweighed cargo must comply with regulations in Clause 1 in Article 65 of the law on railway transport and other relevant legal documents.
4. The rail transport of oversized and overweighed cargo must be approved by the railway infrastructure trader.
Article 39. Transport of cargo serving special missions and social security
The transport of cargo serving special missions or social security must conform to regulations specified in Article 58 of the law on railway transport and other relevant legal documents.
Article 40. International transport of cargo
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Article 41. Transport of cargo from dedicated railways connected to national railways to national railways and vice versa
The transport of cargo from dedicated railways connected to national railways ton national railways and vice versa must comply with regulations prescribed in the law on railway transport and other relevant legislative documents.
Article 42. Rail transport freight
The freight must be decided as prescribed in Article 56 of the law on railway transport and laws on prices.
Chapter IV
SOLVING PROBLEMS ARISING DURING THE TRANSPORT
Article 43. Unloading of cargo in the absence of the consignee
For the case in which the consignee fails to receive the cargo as prescribed in Article 35 of this Circular irrespective of being informed of cargo arrival by the transport trader and although the receipt period has ended, the transport trader may unload the cargo depending to the capacity of the trader in the absence of the consignee and maintain it. When receiving cargo, the consignee must pay the unloading charge, maintenance charge and other costs incurred as required by the transport trader.
Article 44. Handling unaccounted cargo or refused cargo
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2. Before transporting the cargo, the transport trader and transport buyer shall enter into an agreement on handling unaccounted cargo as prescribed in Clause 1 in this Article; vulnerable cargo must be handled ahead of time prescribed in Clause 1 in this Article.
Article 45. Cargo considered lost
1. Cargo will be considered lost if the transport trader fails to inform the transport buyer of the arrival:
a) within 15 days from the date on which the transport period ends with regard to ordinary cargo;
b) within 04 days from the date on which the transport period ends with regard to vulnerable cargo;
2. The compensation for losses due to the lost cargo shall be made as prescribed in Article 54 of this Circular.
Article 46. Seized and handled cargo
During the transport, if the cargo is inspected, seized or handled by the competent regulatory agencies, the transport trader must make a record of delivery and receipt and immediately inform the consignee and transport buyer.
Article 47. Railway congestion
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a) Returning to the departure goods depot;
b) Returning to a goods depot located on the transportation route to unload the cargo
c) Transshipping the cargo to continue the journey;
d) Waiting for the congestion ease
2. If the congestion is caused partly by the transport trader, the transport buyer may ask the trader to transport the cargo using one of mode of transport prescribed in Clause 1 in Article. The freight shall be paid as follows:
A) If the cargo is returned to the departure depot, the transport trader must refund the whole freight and all costs received from the transport buyer under the terms of the transport contract;
b) If the cargo is returned to be unloaded at a depot located road on the transportation route, the transport trader must refund the cost for transporting the cargo from the depot where the cargo is unloaded to the destination designated in the bill of lading;
c) If the cargo is transshipped to continue the journey, cargo transshipment shall be done depending on the capability of the transport trader and the transport buyer is not required to pay the transshipment charge.
3. If the congestion is not caused partly by the transport trader, the transport buyer shall discuss with the trader to select one of the transport modes prescribed in Clause 1 in this Article. The freight shall be paid as follows:
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b) If the cargo is transshipped to continue the journey, cargo transshipment shall be done depending on the capability of the transport trader and the transport buyer must pay all expenses arising out of the transshipment.
4. In case the transport trader receives no response from the transport buyer in spite of informing the transport buyer of the congestion, the cargo will be handled as follows:
a) With regard to vulnerable cargo or live animals, the transport trader may handle in accordance with regulations prescribed in Article 44 of this Circular after 4 days from the date on which the transport buyer is informed but not give any response to the problem;
b) With regard to other cargo, the transport trader shall wait for the congestion ease to continue the journey.
5. The transport trader shall not ask the transport buyer to pay the cost for transshipping full carload in cases prescribed in this Article.
Article 48. Actions against falsification of the cargo's name during the transport
1. With regard to ordinary cargo, if discovering that the name of cargo has been declared inaccurately, the transport trader shall continue the transport and ask the consignee to pay the missing freight due to false declaration of cargo's name.
2. With regard to hazardous cargo or cargo requiring special protection, if the transport trader discovers that the name of such cargo has been declared inaccurately, the trader shall:
unloaded the cargo at the nearest incoming depot and inform the transport buyer as well as the consignee if such cargo poses a risk to the safety of transport or other cargoes. The transport trader shall re-calculate the freight and collect the cost incurred during the transport;
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Article 49. Cargo loaded overweight or overloaded
In case the cargo is loaded overweight or overloaded, it shall be handled as follows:
1. When the wagon is overloaded, the transport trader must incur all costs and take legal responsibility if it is in charge of cargo loading.
2. For the case in which the transport buyer is in charge of cargo loading:
a) If total weight of the cargo loaded onto the wagon does not exceed 5% of technical load and permissible technical load of the wagon, the transport trader may continue the journey and ask the consignee to pay the cost for transporting the excess load as required by such transport trader.
b) If total weight of the cargo loaded onto a wagon exceeds 5% of technical load or permissible technical load of such wagon, the transport trader may unload the excess load, inform the transport buyer and come to an agreement on solutions. The transport trader may collect the cost for transporting the excess load and all costs incurred in accordance of its own regulations. If the transport buyer asks the transport trader to continue to carry the excess load to the arrival depot, it will be transported under a new agreement.
Article 50. Canceling the transport
The transport trader or transport buyer may request a cancelation of the transport if the train does not leave the departure depot and pay all costs incurred due to such cancelation.
Article 51. Changing the consignee
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2. The transport trader must specify particular costs incurred due to the re-designation of new consignee
Article 52. Changing the destination
1. The transport buyer may re-designate the destination even if the cargo is on the journey or already arrives at the destination and pay all cost incurred due to the change of destination.
2. The transport trader must specify particular costs incurred due to the change of destination
Chapter V
DISPUTE SETTLEMENT AND COMPENSATION
Article 53. Exemption from compensation liability for the loss, weight loss, damage or quality reduction of cargo
The transport trader shall not pay a compensation for the loss, weight loss, damage or quality reduction of cargo in the following cases
1. Due to force majeure 2. Due to inherent nature or defect of the cargo; due to characteristics of the cargo causing fire, degeneration, loss, rust or cracking; infected live animals.
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4. The cargo packaged or loaded into the container by the transport buyer failing to meet technical requirements
5. False declaration of the cargo's name or wrong symbol of the parcel
6. Untouched seal or mark of the cargo sealed by the sender when unloading cargo or no trace of opening or unblocking of the wagon or container
7. Untouched seal, thick lashing, intact packaging or sufficient quantity of the cargo loaded onto the open wagon; no trace of being opened or unblocked.
8. Weight loss, damage or quality reduction of cargo due to overdue receipt as prescribed in Article 35 of this Circular
9. The loss, weight loss, damage or quality reduction of cargo in that it has been seized or forced to be inspected by the competent regulatory agencies
Article 54. Compensation for lost or damage cargo, cargo having its weight or quality reduced caused partly by the transport trader
The transport trader shall pay a compensation for lost or damaged cargo, cargo having it weight or quality reduced as regulated below:
1. All lost, partly lost, damaged cargo or cargo having its weight or quality reduced must be compensated for the loss, partly loss, damage, reduced quality of the reduced weight; if the damaged part leads to the loss in using value of the cargo, it must be fully compensated and the transport trader is entitled to own the compensated loss amount.
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a) For cargo with value declared in the bill of lading, compensation shall be made for the declared value; in case actual damage amount is lower that the declared value as proved by the transport trader, compensation will be made for the value of actual damage;
b) For cargo without value declared in the bill of lading, compensation shall be made according to the level under an agreement of two parties; the market price of such cargo at the time the freight is paid and at the delivery point; if there is no market price of such cargo, compensate according to the average value of the cargo in same category or having same weight in the area where the cargo is delivered.
3. For cargo covered by an insurance purchased by the transport buyer, compensation shall be made under the terms of the insurance contract.
4. Apart from compensating for damage as prescribed in Clause 1, 2 and 3 in this Article, the transport trader must refund all freight and other costs paid during the transport for the quantity of lost, damaged cargo or cargo having its quality or weight reduced.
5. The transport buyer, consignee and transport trader shall come to an agreement on modes and levels of compensation prescribed in Clause 1, 2 and 3 in this Article or other modes and levels mutually decided by both parties. If the parties fail to reach an agreement, the compensation shall be made as prescribed in Article 46 of this Circular.
Article 55. Compensation for prolong occupancy of goods wagons, damage of locomotive and transporting instruments
1. During the loading, unloading and transport, the transport buyer, consignee or transport trader causing damage of the transporting vehicles or instruments, loss of components or equipments of the vehicle must compensate to the offending party.
2. The transport buyer or consignee must compensate the transport trader for prolong occupancy of goods wagons and their attached transporting instruments if holding them longer than the occupancy time prescribed caused by the fault of the transport buyer and the time limit. The price for prolong occupancy of a wagon and its attached transporting instruments shall be prescribed by the transport trader.
Article 56. Dispute settlement
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2. The order and procedure for settling a dispute shall be compliant with regulations of laws.
Chapter VI
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN RAIL FREIGHT TRANSPORT BUSINESS
Article 57. Rights and obligations of the transport trader
1. The transport trader is entitled to:
a) refuse to transport the cargo that fails to comply with regulations on package, symbol, code and cargo prohibited from being transported;
b) ask the transport buyer to or consignee to fully pay the freight and all costs incurred;
c) ask the transport buyer to compensate for damage caused by his/her fault;
d) ask for inspection of the cargo where necessary;
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e) ask the consignor and consignee to pay for prolonged occupancy of wagons;
g) exercise other rights as prescribed in Clause 1 in Article 53 of the law on railway transport
2. The transport trader is required to:
a) carry the cargo to the destination and deliver it to the consignee under the terms of the transport contract;
b) timely inform the transport buyer and consignee of cargo arrival or interruption of the transport;
c) maintain the cargo in case the consignee refuse to receive it or the cargo fails to be delivered and inform the transport buyer;
d) compensate to the transport buyer if causing loss, damage, quality or weight reduction of cargo or overdue shipment;
dd) enable the transport buyer to hire sufficient type of wagons required by the transport buyer;
e) publicly inform the transport buyer of regulations regulated by the transport trader and the law before signing the transport contract;
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h) fulfill other obligations as prescribed in Clause 2 in Article 53 of the law on railway transport.
Article 58. Rights and obligations of the transport buyer
1. The transport buyer is entitled to:
a) come to an agreement with the transport trader on conditions for transporting, loading, unloading, accompanying the cargo, providing wagons for loading cargo, shipment period, delivery period, receipt period and other relevant issues in the transport contract; verify to agree or refuse to transport the cargo loaded onto the wagon if founding it fails to conform to regulations in Article 8 of this Circular.
b) ask the transport trader to verify the quantity and seal the cargo sent;
c) ask for inspection of cargo where necessary;
d) receive compensation for damage of his/her cargo as agreed in the contract and regulated by laws;
dd) receive a compensate for late provision of wagons or transporting instruments attached to them caused by the fault of the transport trader;
e) authorize an organization or individual to implement a part or whole transport contract on his/her behalf as regulated by regulations of laws but still take responsibility for all commitments specified in the transport contract;
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2. The transport buyer is required to:
a) book the quantity and type of the wagon, time and place for loading cargo with the transport trader;
b) appoint a person accompanying the cargo if such cargo is required to be accompanied;
c) pay the freight and other costs on schedule and according to the payment method as agreed in the contract;
d) pay the costs incurred due to prolong occupancy of wagons and their attached transporting instruments; demurrage, maintenance charge and other costs incurred;
dd) handle all consequence and incur all costs in case the consignee does to receive the cargo;
e) fulfill other obligations as prescribed in Clause 2 in Article 61 of the law on railway transport and relevant legislative document.
Article 59. Rights and obligations of the consignee
A consignee could be the transport buyer or a third person designated by the transport buyer. The consignee shall have rights and obligations as follows:
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a) verify the quantity, quality and seal of the cargo arriving at the destination;
b) receive such cargo;
c) ask for compensation for lost, damaged cargo or cargo having its weight of quality reduced cause partly by the transport trader;
d) ask for inspection of the cargo where necessary;
2. The consignee is required to:
a) arrive at the depot where the cargo is conveyed to in the prescribed time and perform tasks prescribed in Article 19 and 35 of this Circular when receiving the arrival notice;
b) present the bill of lading and other documents as proof of entitlement to receive the cargo;
c) pay loading and unloading charge if there is no other agreement;
d) pay all costs incurred due to overdue receipt;
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Article 60. Report regime
1. A report of statistic of cargo transport works performed by the transport trader shall be sent to the Vietnam Railway Authority periodically (monthly, quarterly or annually) or irregularly as required.
2. Report term
a) For monthly report: from the 1st to the last date of the month;
b) For quarterly report: from the 1st of the first month in the quarter to the last day of the last month in such quarter
c) For annual report: from January 01 of the year to December 31 inclusive of such year.
3. Report time: Prior to the 10th of the month preceding the month of the report term.
4. Contents and forms of the report must be made according to the Appendix of this Circular and other forms provided in legislative document, if any.
Chapter VII
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Article 61. Effect
1. This Circular comes into force from July 01, 2018.
2. Circular No.83/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on regulations on transport of cargo on national railways will expire from the day on which this Circular comes into force.
Article 62. Implementation
Chief of the Ministry Office, Chief Ministry Inspectorate, Director General, Director of Vietnam Railway Authority, Directors of agencies, entities and relevant individuals shall take responsibility to implement this Circular./.
MINISTER
DEPUTY MINISTER
Nguyen Ngoc Dong
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