Circular 61/2015/tt-Bgtvt: Rules Of Goods Transportation On Inland Waterways

Original Language Title: Thông tư 61/2015/TT-BGTVT: Quy định về vận tải hàng hóa trên đường thủy nội địa

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TRANSPORT DEPARTMENT
Number: 61 /2015/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 2, 2015

IT ' S SMART

The regulation of cargo transport on the domestic waterway

____________________

Homeland Traffic Law Base June 15, 2004; The Law of Correction. socket i, add a s Stain. Go. Okay. The U. g Domestic waterway June 17, 2014;

Base of Protocol 24 /2015/ND-CP February 27, 2015 by Ch I'm Ph. brew I don't know. What? t and the measure of execution. Stain. Go. Okay. The U of the Street Traffic Law. commission Homeland and State Amendment Law socket i, b socket Some go. Okay. the u of the Internal Traffic Law;

Base of Protocol 110 /2014/ND-CP 20 June 11 2014 by the Government to regulate transport business conditions path All right, Homeland.

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 of Politics brew Function, mission, rule. Okay. Limit and muscle All The organization of the Department of Transportation Bitch. i;

At the suggestion of the report. Here. The Department of Transportation and the Bureau of Roads. commission Vietnam, Vietnam.

Executive Minister of Transport for the Department of Information. Okay. Move Bitch. i got cargo on the inland waterway.

Chapter I

GENERAL REGULATION

Go. Okay. 1. Adjustment range

This provision provides for the operation of transportation business, line, lifting, delivery, receiving and preserving goods on the inland waterway.

What? 2. Subject applies

1. This information applies to the organization, the individual is involved in the operation of the transport business, line, unloading, delivery, receiving and preserving the goods on the inland waterway.

2. This information does not apply to dangerous freight.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The goods are any property, including the antenna, the floatboard, the uplift plate, the inserts of goods or shipping tools, the same packaging tool that is not organized by the organization, the transport individual offers.

2. Bao, sue: sacks, boxes, lawsuits, barrels, antenna-containing goods.

3. The ranking, unloading the cargo is the organization, the individual business business, unloading cargo at the port, inland marina.

4. The tenant, unloading the goods is the organization, the individual who deals with the contract, unloading the goods with the crank, unloading the goods.

5. The patron of the goods is the organization, the individual business business preservation business in the port, inland marina.

6. The tenant for the maintenance of the goods is the organization, the individual who deals with the preservation of goods with the patron of the goods.

7. The recipient of the goods is the organization, the individual with the name receiving the goods on the freight paper.

8. The superschool cargo is a commodity that has an unremovable actual size of over 10 m or a length of over 40 m or height above 4.5 m.

9. Supergravity goods are unremovable goods, having a full weight of over 100 tons.

10. Port, port including port, inland marina, and port of seaport are issued with a public, licensing authority.

Go. Okay. 4. Sacks, merchandise.

Bao, which contains the goods must be correct and standard; sufficient durability; signature, code, weight, clarity; safety in transport, queuing, and unloading.

Chapter II

LOCAL WATERWAY FREIGHT

What? 5. The service of the goods transport business

1. Set up a sample transfer certificate at Appendix I issued with this message after the goods have folded down the vehicle.

2. Transport to the destination and secure the transport time under contract signed with the transport tenant.

3. Other obligations are regulated at paragraph 2 Article 87 of the Internal Traffic Law.

What? 6. The rights of the goods transport business

1. Ask the tenant to transport open goods, suing to check in the case of suspicion of the authenticity of the release of the commodity type.

2. Rerefuse to transport the sacks, which contain goods that are not eligible under regulation at Article 4 of this Notice and the types of goods are prohibited from shipping.

3. The request to pay the goods stored on the vehicle due to the error of the transport tenant, the recipient is causing it.

4. Other rights are regulated at 1 Article 87 of the domestic waterway Traffic Law.

Fuck! Seven. The obligation of the tenant of the goods transport

1. Provide documents, documents, and other necessary information about the goods and ensure the legalization of the goods.

2. Send people directly, receive goods with the goods transport business, minus the case of another agreement.

3. The case with a person to apply the goods, the imposter must have a knowledge of the property of goods, the treatment of goods in the transport process and the interiors of the vehicle.

4. Identification of the aquacization of the goods at the site and the unloading of goods to calculate the amount of goods to the moisture-based goods that affect the weight of the goods, unless the case has another agreement.

5. Other obligations are regulated at paragraph 2 Article 88 of the Internal Traffic Law.

What? 8. The rights of the tenants Bitch. Goods

1. Ask the transport business people to have additional measures, further reinforced to ensure the stability, safety of the goods.

2. Ask the Transport Business People to confirm the number, sealing on the goods he sent away.

3. Other rights are regulated at 1 Article 88 of the Internal Traffic Law.

Fuck! Nine. Transport time

The time of transport is a trip since the cargo is folded down to the vehicle, the fully qualified transport tenant and other papers are related to the goods and delivery to the transport business people, the transport business people. The carrier's confirmation comes when the means of the convenience store, the transport business person has completed the procedures to the port, berths, and the operator who have received the notice of the transport business people to the port, berths.

What? 10. Resolve the births during transport

1. The case of detection of a self-impulsable, leakage order, the transport business people must carry out deterred measures to protect people, goods and vehicles, including having to unload part or whole of the goods; at the same time. method of confirmation by the oppressuer (if any person goes to the loading of goods), the certification of local authorities or the Coast Guard or the Port Authority of the Inland Sea or the Port Authority (later known as Port Port) where the birth and death occurred. Notify the operator. The cost of births due to the guilty side is responsible. If the parties are not guilty or due to the adverse causes, the party's costs and damages are responsible.

2. The case of detection of goods is not true with the delivery of the transport tenant

a) Detection before transport: if the goods are in danger, the goods ban the traffic, and the transport business people must notify the Port of the Port or the authorities, or the authorities have the authority to know to deal with the rule of law. The transport tenant is responsible and payment of all costs of birth;

b) Detection on the transport line: if it is a normal commodity then the transport business people inform the operator to know and continue to transport to the pay place, all costs arise (if any) the transport tenant must pay; if it is a commodity. In the dangerous category, the goods ban on circulation, the transport business people inform the operator to deal with; the operator must pay the costs and losses to the business people and suffer all other costs. due to the dangerous shipping caused, at the same time the transport business informed the Port Authority or authorities at the port, the dock to the port. known to handle the rules of the law.

3. The transport vehicle is requiitated due to the authority of the competent authority, the captain, the vehicle driver must notify the transport business person, the operator who knows to coordinate the execution. The given means of requiitalization are addressed by the regulation of the existing law.

What? 11. Hey. It's a motor vehicle. Bitch. Superstate goods or supertr goods. There. -

1. Organization, individuals submit 1 (a) file order approx the approval of a superschool or supercharge freight transport on a direct inland waterway directly or sent through a postal or other suitable form to: Vietnam ' s Inland Waterway Bureau. or the Regional Department of the Regional Waterway (for inland waterways leaving the inland waterway and the journey on the waterway), the Department of Transport (for domestic vehicles leaving the inland waterway and the journey on the route). Inland waterboarding), Vietnam Maritime Service or Maritime Detail (for inland waterboarding) (later known as China Sea Base), the Maritime Department of Vietnam. I mean, there's a judge of approval. The profile consists of:

a) The application approx the method of transport of superschool goods or supergravity goods on the domestic waterway according to the Appendix II issued by this message;

b) The method of transport of superschool or supergravity goods according to the content at Annex III issued this message.

2. The Agency with the authority to approve the reception, examine the case and process as follows:

a) The case file case is directly filed, if the full profile is the file receipt and returns the result in accordance with the specified deadline; if the filing is incomplete by the prescribed procedure, immediately and the organizational direction, the individual is reimbursable;

b) The case case recognizes through the postal system or other appropriate form, if the filing is incomplete by regulation, during the 1 day period of work, since the date received the case, the approved authority has written permission to the organization, the individual requesting the appointment. Yes, yes, yes.

c) In the 2-day period of work, since the date received full of prescribed files, the Agency has the authority to approve of the responsibility of organising the examination, approval of the superschool cargo transport, superweight goods according to the sample at Annex IV issued. include this and send it to the organization, the individual to do it. The non-approved case must have a written answer stating the reason. Organizations, individuals do not have to pay fees or fees on the approval of the transport method.

Chapter III

EXCHANGE, LINE, UNLOAD AND PRESERVE GOODS

Fuck! Twelve. The obligation and the rights of the crank, d Merchandise.

1. Make the right process, unload for each type of cargo; ensure the safety of the person, vehicle, cargo, equipment in the process, unload the goods.

2. Take charge of the operation, unload the cargo in the cargo scheme or the captain ' s instructions.

3. Make sure the time is sorted, unloading the goods as agreed, unless the case has another agreement.

4. Cong, unloading has the right to refuse to line up, unload the sacks, which contain the goods that are not eligible by regulation at Article 4 of this message.

What? 13. The obligation and the rights of the tenant, d Merchandise.

1. Prepare the right goods to the agreed contract with the crank, unload.

2. Provide information about the goods to the crank, unload the goods before the lining, unload the goods in accordance with the agreement.

3. Request for reparation when the rout, unloading the goods did not make the right contract signed with the consigor, unloading the goods.

What? 14. Time in, d Merchandise.

Where the transport business man and the transport tenant do not have another agreement, the timing of the rating, unloading the goods is calculated as follows:

1. The time of loading of goods is calculated from the arrival of the vehicle to port, berths, and the operator who has received the transport business ' s notice until the goods are folded down to the vehicle, the transport tenant has signed the confirmation into the shipping paper.

2. The time of unloading the cargo is calculated from the arrival of the vehicle to port, berths, and the transport business people reported to the transport tenant until the transport tenant is unloaded from the vehicle and the operator has signed the confirmation into the shipping paper.

What? 15. Other modes of delivery, receipt of goods

1. The contract base and shipping paper, the delivery, the receiving of goods is made in accordance with the principle of receiving the goods in which method is paid for by that method.

2. The methods of delivery, the receiving of goods include:

a) deliver them in number of sacks,

b)

c) Transaction, receiving weight (weight or equilibrium in proportion), by volume (measuring cubic meters or measuring, counting by liter);

d) Transport, receiving the chills, the unionized parties determine the density of the water at the site and the unloading of the goods.

What? 16. Responsible for delivery, delivery of goods

1. The delivery, receiving goods is made via the vehicle ' s side. The port side is the boundary to determine the goods of the employer's responsibility or the responsibility of the transport business people, except for other agreements.

2. Regulation of responsibility in the cases of delivery, receiving goods.

a) The case of a commodity rating, if the goods are within the range from the port side of the vehicle into the vehicle, that commodity is considered to be delivered to the transport business person and of the liability of the transport business; if the goods are in the field. And by the way, that goods are considered unassigned to the transport business and of the driver's responsibility.

b) The case of unloading the cargo, if the goods are within the range from the port side of the vehicle into the vehicle, it is considered not to be delivered to the recipient and of the responsibility of the transport business; if the goods are within the port side of the vehicle. that goods are considered to be delivered to the recipient of the goods and in the responsibility of the transport tenant;

c) The case of the merchandise is torn, poured, broken in the loading process if the party's fault is responsible;

d) The case has to be discontinued to resolve the dispute over delivery, receiving goods, and the guilty party must pay the costs of the birth.

What? 17. Resolve the births in delivery, delivery of goods

1. When delivery is in the number of sacks, if ever, the event is intact or included, where the lead is not responsible for the weight, volume, and state of the goods in the interior.

2. When the delivery of a lead-clamp or bao, the lead clip, if sealed, the lead clamp is intact then the transport business is not responsible for the goods. If sealed, the lead clamp is no longer intact, the transport business person is liable when the goods are damaged, deficiate or loss of loss, except for the unimpediable case.

What? 18. Dissolving of damaged or overdue l favour Warehouse, beach

1. When the discovery of goods sent at the warehouse, the port of the harbour, the dock has a self-damaged or inviability, the administrator must promptly carry out the treatment, inform the tenant. If after 06 hours, since the receiving of the information (according to the tenant ' s signature or on the date, hours of the postal confirmation post) the tenant has no opinion then the administrator has the right to offer the authority to have the authority to compile and handle; the tenant. the preservation of the cost of the birth.

2. During the line-up, unloading, if the packaging is torn, broken below the specified level or agreement the tenant is responsible for collecting, repacking and suffering the cost of the birth. If the broken part is overstated or agreed, there is an error at the expense of the birth.

3. The case of the cargo in the warehouse, the port of the harbour, the dock is too long specified under the contract, if the goods manager wants to move, collect, then have to notify the tenant of the goods. In the 15-day period, since the adoption (by the tenant ' s signature or date, the post office confirmed), if the tenant is not answering the person the goods conservis has the right to move, collect goods and tenants to protect goods. You have to pay for it.

Chapter IV

GI She. I MADE A DECISION. All P, B Oh. I USUALLY DO

What? 19. Pp Yeah. It ' s the fault of the shipping business.

1. The case of non-exporting vehicles on the right time is that the transport business person is responsible for informing the operator, who applies the goods (if any) knows and is subject to all costs that arise in the process of transportation in the region. Water port, marina.

2. The case of vehicle is on the journey if it is broken, not to continue the journey, the captain must find every means of transport, cargo to the port, the nearest marina to secure safety, informing the transport business people and execution. the following regulations:

a) If the vehicle must be corrected and still has the ability to deliver the right delivery time then the transport business person must have a responsibility for informing the tenant and subject to all costs of the birth;

b) If the vehicle is to be corrected and is not able to deliver on time of the agreement, the transport business person must notify the operator and the recipient of the goods; the business person refunds the deal with the transport tenant and the operator. pick up the delivery time and bear all the costs of birth, compensated by not performing the right transport contract;

c) If it has to transfer goods to other means, the transport business people must notify the operator and the recipient know; the transport business person is responsible for ensuring the safety of the volume, the quality of goods in the process. Transportation of the vehicles, all costs of birth, the legal consequences of the business of goods that transport goods should be subject to contract and by law.

What? 20. Yeah. Rent-lease

The transport business person has completed the procedures to the port, berths and transport tenants have received media notifications to the port, the dock that the operator does not stack, unloading the goods over time of the deal, the transport tenant must pay the log. for the transport business in accordance with the agreement of the two-party agreement.

Fuck! Twenty-one School. p is unimpede

1. When the vehicle has not yet exported, the transport business terminal must notify the operator and the person who receives the delivery of the delivery; the case of cancellation of the freight, the transport business must complete the full refund. Shipping payments have been paid first.

2. When the vehicle is running

a) The case of means to go on a longer line is that the transport business person is not able to collect any more money that is recorded in the contract or shipping paper;

b) The case must transfer goods to other means, the transport business person must notify the transport tenant and the recipient. The business man suffers from all costs of birth;

c) The case cannot be followed, the vehicle must return to the port, the nearest marina, or the port, the carrier, the transport tenant or the operator who does not have to pay additional footage of the return route; the transport business person must refund the cash. corresponding to the section of the road that has not yet gone (if previously received); the other costs that arise are processed under contract that agreed or processed under the laws of the present law.

What? 22. Compensation of lost goods, damaged

1. The case of damaged goods, loss due to the fault of the transport business person or the operator or the patron of the goods, is compensated in accordance with the following regulations:

a) For goods that are valued in the shipping paper, compensated by the value of the given value; the case of the transport business proves that the actual value of the actual damage is lower than the declared value of the actual damage value.

b) For goods not to give value in shipping paper, compensation in the average price of the same type in the area of the payer;

c) By the two sides of the agreement.

2. Goods damaged, lost in part due to the operation of a transport business person or an operator or a patron of the goods, compensated for the damage, loss; the case of damage, loss of loss, or failure to be used, is required. Full compensation.

3. In addition to the compensation of the damage under the regulations at paragraph 1 This Article, the transport business person, the operator, must be reimbursable to the transport tenant, the leadkeeper, the deposit of money, or the charge of the goods. Lost.

What? 23. G. The decision to dispute.

1. During the transport of the inland waterway if the incident arise, the benefits of the parties are resolved through negotiation, reconciliation.

2. The case does not make a deal, the parties have the right to request the arbitration for the settlement or the prosecution in the Court. The procedure, the procedure for resolving disputes is carried out by the rule of law.

Chapter V.

I Drive CURRENT EXECUTION

What? 24.

1. This message is effective from 1 January 2016.

2. Repeal Decision No. 33 /2004/QD-BGTVT December 21, 2004, by the Secretary of Transportation, the Department of Transport issued the regulations on the transport of goods on the inland waterway.

What? 25.

Chief of the Department, Chief Inspector of the Department, the ministers, the Director of the Vietnam Department of Homeland Security, Vietnam ' s Chief of the Bureau of Registration, Vietnam Department of Maritime Affairs, Director of the Department of Transport, Chief of the Agency, Organization and Personal Affairs are linked. who is responsible for the operation.

Minister.

(signed)

The La rose.