Circular 83/2014/tt-Bgtvt: Regulations On The Transport Of Goods On National Rail

Original Language Title: Thông tư 83/2014/TT-BGTVT: Quy định về việc vận tải hàng hóa trên đường sắt quốc gia

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TRANSPORT DEPARTMENT
Number: 83 /2014/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 30, 2014

IT ' S SMART

The regulation of cargo transport on the national railway

________________

Rail Law Base 14. Month 6, 2005;

The Civil Code base on June 14, 2005;

Base of Protocol 109 /2006/NĐ-CP 22nd Month 9, 2006 of Government specify the details of the details. number It's the Iron Way Code and the Number Protocol 03 /2012/NĐ-CP 19th Month 1, 2012 of Government In terms of modification, number Your thing Number Protocol 109 /2006/NĐ-CP September 22, 2010 Government ()

Base. Number Protocol 107 /2012/NĐ-CP December 20, 2012 of Government regulation of functions, duties, powers, and organizational structure of the Ministry of Transport;

At the suggestion of the Chief Transport and the Director of the Vietnam Railway Bureau,

The Ministry of Transport issued a regulatory advisory on the transport of goods on the national railway.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The information provides for the transportation of goods; rights, obligations of the business enterprise transport business on the national railway (which later calls off the business) and of the transport tenant, the recipient on the national railway and the specialized railway. Using, the branch is connected to the national railway.

What? 2. Subject applies

This information applies to the business, the transport tenant, the recipient and the organization, the individual is involved.

What? 3. Explain words

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

1. Goods are the property of the organization, the individual hires the shipping business by rail.

2. Goods that transport in the form of a commodity is that goods are not required to use both a private car for transport (the latter is called a row).

3. Goods shipped in the form of a prescription is a cargo that is loaded on a wagon, with the same delivery person, a delivery person, a travel station, a station to (after this is called a prescription row).

4. The danger is goods when shipping on the railway is likely to be harmful to health. Okay. , human life and sanitation, environment, name in the list of dangerous goods by law.

5. The technical payload of the wagon is the maximum cargo weight loaded on the wagon by design standard.

6. The technical payload allows for the wagon to be the maximum amount of cargo that is allowed to be placed on the wagon in accordance with the load command on the route.

7. The unimpediable case is that the cases occur objectively, unforeseen and irreparable despite the business that has adopted all necessary measures and the ability to allow. In rail transport, the unimpediable case occurs due to natural disasters, foes, epidemics, or reasons for the guarantee of order, social security, non-fault shipping traffic, transport tenants, and consumers.

8. The shipment is a collection of many types of goods of a transport tenant with the same station, a station to; the same delivery person, the same shipping term, the same quota. A single batch of goods or prescription goods may include various types of goods, except for the types of goods that are not generally placed on a prescribed car at Article 27.

9. Aviation of self-running wheels is a vehicle-controlled vehicle that is held in check to meet the safety specifications to connect to freight trains that do not have to stack up the business cars of the business when shipping.

What? 4. Rights, the obligations of the business transport business

1. Businesses have the following rights:

a) The refusal to transport goods not according to the correct regulation of packaging, packaging, symbol, commodity code and types of goods prohibited transport;

b) Ask the tenant to open the package open to check in case suspicion of the authenticity of the declaration of the goods of goods;

c) requires the tenant, who receives the payment of enough transport and the expenses that arise;

d) Ask the tenant to pay compensation for the damage caused by the driver ' s failure;

Request for a cargo to be established when necessary;

e) Save the goods in the event that the transport tenant does not pay enough transport and costs that arise under the agreement in the transport contract;

g) The handling of the goods that the recipient refused to receive, the goods without the recipient prescribed at Article 106 of the Code of Railways and This Information;

h) Required to pay a car deposit due to the error of the transport tenant, the recipient is causing it;

i) Other rights specified at paragraph 1 Article 90 of the Rail Law.

2. The business must perform the following obligations:

a) It is publicly available at the trading sites of the business of the necessary information related to the transport of goods;

b) cargo transport to the destination location and delivery of goods to the receiving delivery contract;

c) timely notice for the transport tenant, the recipient when the goods have been transported to the delivery site, when the transport is interrupted;

d) The preservation of goods in the case of a recipient who refuses to receive goods or goods cannot be delivered to the recipient and informs the operator of the transport;

) Compensation of the damage to the transport tenant when to occur loss, cargo damage or too time to transport due to the failure of the business;

e) Make a favorable condition for the transport tenant in the hiring of a freight car to ensure that there are sufficient quantities according to the type of wagon type at the request of the transport tenant;

g) Public notification for the transport tenant knows the regulations of the law and of the business before the signing of the transport contracts.

h) Other obligations stipulate at paragraph 2 Article 90 of the Rail Law.

What? 5. Rights, the duty of the transport tenant

1. The transport tenant has the following rights:

a) Agreement with the enterprise on the conditions of cargo carrying goods, line, unloading of goods, supply of freight cars, freight, freight, delivery period, delivery deadline, delivery deadline, and other related issues in the freight contract;

b) Change the freight contract even if the goods assigned to the business or goods were lined up to the wagon and were subject to the cost of births due to the change of transportation contracts;

c) redefining the delivery person when that commodity has not been delivered to the person with prior recognition; local change. Point delivery of goods or requests to transport goods back to the deposit site and should be subject to all costs of birth due to the changing of the delivery person and location of delivery;

d) Required businesses to confirm the number, seal the goods for which they sent;

Request for a cargo to be established when necessary;

e) It is compensated for damages when goods are lost, reduced weight, damage or decreased quality, too time to transport due to the failure of the business;

g) compensated for the damage caused by the car level, transport equipment accompanied by slow car cars due to the business ' s fault;

) Be authorized to an organization, personally on behalf of one or the entire shipping contract by law but is still responsible for all commitments in the transport contract.

2. The transport tenant has the following obligations:

a) The manifest of the faithful and the responsibility for that manifest;

b) Register the number, strain of wagons, time, localization locations, etc. with business;

c) implementation of the packaging of goods and shipping conditions in accordance with the direction of the business;

d) Provide the supplies, equipment needed to ensure the transport of safe goods unless the contract has a different agreement;

Send people to apply goods if the goods of the goods are required to be imposed;

e) Delivery for business on time, location;

g) Pay the shipping and other expenses on time, the form of payment in the contract;

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

i) Payment costs arise due to car stout, transport equipment accompanied by the wagon; cost of warehousing, preservation and other expenses;

l) Compensation Damages due to untrue prescribation of goods causing damage to the business or other damage caused by its faults;

l) The case of the recipient does not come to receive the goods, the transport tenant is responsible for addressing the consequences and payment of all costs of birth.

What? 6. Yeah. I accept.

The recipient may be the driver of the transport or the third person to be designated by the transport tenant. The recipient has the rights, the following obligation:

1. The right of the recipient:

a) number quantity, quality, sealing of the goods shipped to;

b) The goods are transported to;

c) It is required to compensate for excess money transfer due to the error of the business;

d) Being required to compensate for damages to the goods lost, damaged by the fault of the business;

Ask for the necessary control of the cargo when necessary.

2. The obligation of the recipient:

a) When receiving the newsletter, the recipient must go to the cargo station in the deadline and perform the specified content at Article 26 and Article 41 of this Information;

b) Export the bill of sending goods and other papers to demonstrate the right to receive its goods;

c) endure the cost, unload the goods if in the contract there is no other agreement;

d) Cost payments arise due to the slow adoption of goods;

Inform the business of receiving enough goods and other necessary information at the request of the business; if not informed, there is no right to ask the business to protect the rights, benefits associated with its goods;

e) Pay all the transportation and other expenses.

Chapter II

CARGO ORGANIZATION

What? 7. Unit of time in cargo transport operation

In the cargo operation, the unit to calculate the time is: now (60 minutes) or the date (24 hours) and the size is as follows:

1. When taking the menu time: from 30 minutes to 60 minutes is calculated as 01:00, less than 30 minutes of not counting.

2. When taking the date as a unit of employment: from 12 hours to 24 hours are counted as 1 days, less than 12 hours are not counted as 1 days.

What? 8. Business ' s trading site

1. Business must Yes. It is responsible for the public publication of the transaction sites.

2. The transaction site must be listed content of the provisions of this Information and other regulations that are related to the freight transport by rail.

What? 9. Transport and other types of expenses

Information about the cost of transport and other costs involved must be publicly listed at the trading site.

What? 10. Transport Forms

Freight transport by rail is done in a primitive or isolated form.

What? 11. The goods must transport in the original form

The following types of goods must carry out transport in the form of the original form:

1. Machine, equipment, equipment that cannot be folded into the car with a convertible.

2. The row leaves the pile, the row cannot be closed, sued, difficult to determine the number.

3. Animals live.

4. Danger row, minus the other regulated agency of the authority.

5.

6. The rows with homemade wheels, running on the railway are attached to the train to pull away.

7. Goods transported by special requirements of the transport tenant or need care for care, special protection.

What? 12. Toa truck

The cargo wagon must ensure consistent with the condition and technical requirements in the National Technical Regulation of the Railways and other laws of law that are relevant.

Chapter III

TRANSPORT CONTRACT

What? 13. Transportation Contract

1. The commodity transport contract is the agreement between the business with the transport tenant, whereby the business receives the delivery of goods from the destination destination and delivery of goods to the receiving recipient in the contract.

2. The commodity transport contract defines the rights and obligations of the parties, which are established into writing, invoking invoices of goods or other forms that are agreed upon by the two parties.

What? 14. Common principle in the conjunction and implementation of the transport contract

1. Organization, individuals with the need to transport goods by rail have all the right to deal with the business to deliver the shipping contract under the rule of law.

2. Transport and business users all use their maximum capacity to perform contract content. The breach of the contract is supposed to be right. Compensation damage to the other side according to the rule of law.

3. During the course of the contract, depending on its ability, the parties are willing to make a deal to maximize the advantage over the other party.

4. When the volume of goods required to transport excess of the enterprise ' s transport capacity is the priority of transport to special tasks: security, defence, defense, prevention of incident, disaster, emergency, special affairs, and disaster. other and responsible for announcing the change in transport time for the transport tenant.

What? 15. Content Contract. Transport

The contents of the transport contract include:

1. Location, time of contract signing; name, address, telephone number, fax; transaction bank account of the parties.

2. Rights and obligations of each party for each specific job to organize transport, rating, unloading; form of delivery, receiving; modification, cancellation; Contract. ; compensation, reward, penalty.

3. Type of goods, volumes, ratios, depreciation rates, rationalization, characteristics, and measures handling the incident (if any) of the goods;

4, destination, destination.

5. Time of contract execution.

6.

7. The level of the wagon to line up the whole car.

8. The contract value has the cost expected of the cost of the shipping process and the form of payment.

9. The dispute resolution.

10. Other agreements.

Chapter IV

DO CARGO TRANSPORT

What? 16. Identification of a commodity name

1. The transport tenant has the responsibility to prescribe the correct name on the requirements of the business. If it's a dangerous line, it's the right name in the Iron Way. The transport tenant is responsible for the consequences that occur due to the untrue prescribation of the goods.

2. In the case of need, the transport tenant can prescribe the commodity name by the sign to secure the secret of shipping goods but must inform the person of the business ' s responsibility to know.

3. For the types of goods serving for security purposes, the defense the name of goods is not prescribed by regulation at paragraph 1 and paragraph 2 of this, the transport tenant must inform and unify the safeguards of transport safety of the transport. You know, download the railroad with the man in charge of the business.

What? 17. The conditions of the goods receive transport

1. Enterprise receives all sorts of goods, except for the following types of goods:

a) Goods in the type of traffic prohibition;

b) The goods are not suitable for the conditions of rail transport.

2. When the goods need to be transported under special requirements must be made a deal between the business and the transport tenant.

What? 18. deny transport or suspension of transport

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

a) The goods do not satisfy the prescribed transport conditions at Article 17 of this Smart;

b) The transport tenant does not perform the correct content of the transport contract, in violation of the relevant regulations at this message;

c) The end of the path to the cause of the impossible.

2. The transport tenant has the right to refuse to rent or suspend the transport in the following cases:

a) The business does not perform the right content of the transport contract, which violates the relevant regulations at this Smart;

b) Due to the unimpede cause.

What? 19. The order of priority in freight transport

The business performs cargo transport in the following order of priorities:

1. cargo cargo serving special duty.

2. The goods are not defined by the order of one Article that the goods receive prior to the previous transport, the goods received after the following transport.

3. Goods together receive at a time then in the following order:

a) a dangerous place; his body, and his bones;

b) The animals are alive, the row is broken, the row rapidly reduces weight;

c) Other types of goods that are not of the above regulations are regulated by the business.

What? 20. Supply of wagons, transport instruments accompanied by car wagons and reinforced materials.

1. The business must provide the right time, the right amount, the right strain of the car car at the location lined up by the transport contract or under the agreement with the transport tenant.

2. Toa car is granted to ensure the correct condition and requirements under regulation at this Article 12.

3. The transport tenant has the right to check in to receive the car and have the right to refuse to accept the car if the car is not in the right category, not suitable according to the National Technical Regulation for rail mining.

4. Instruments, materials needed to be reinforced, protect the goods that are stabilized, firmly and secure during the transport run by the operator responsible for providing, installation, dismantling or for the business to provide, install, dismantled and have to pay for it. Cost business.

5. The business is responsible for providing the following tools, the following home material:

a) Cer, fixed chains on the front car, when the prescribed goods must line up the car that is made but replaced with a car-facing car;

b) Tuoba shied on a non-convertible wagon, as goods stipulated to line up the wagon with a convertible but replace it with a non-convertible wagon.

6. The business is responsible for testing the instruments, the goods that try to store the carrier ' s goods and have the right to not give the use if it is not correct with the regulation of transportation safety guarantees.

7. The business is responsible for examining the standard of technical safety, replacement requirements, proper repairs to secure transport safety on the vehicle provided by the tenant.

What? 21. Message to take the wagon to the loading site

1. Slowly 2 hours before the car level, the business must notify the operator of the amount, the number of the car wagons put into the loading line or location of communication (if sorted, unloading in the branch, the dedicated line).

2. When a branch-to-road contract is required, the business is not required to notice.

3. The loading of the car to the point, unloading delays must be notified to the transport tenant before 02:00 compared to the car level hours. If the notification is not informed or informed, the business must pay the tenant for the cost of the cost of the worker and the pending delivery vehicle, as of the hour of notification.

What? 22. Limit the shipment to the sending station

The transport tenant must gather enough goods, the right location of the order to be designated at least 2 hours before the prescription hour and no earlier than 12 hours.

What? 23. Store goods, store

1. At the deposit station, if approved by the business, the transport tenant can bring the goods needed to the station before the deadline but must pay the storage, the dump from the time bringing the goods into the station to the deadline to take the goods to the prescribed station at Article 22 of This is private.

2. At the destination station, for goods that are not part of the responsibility of the security business or too restrictive quota at Article 41 of this Smart, the recipient has not received goods or has received goods but has not taken all the way out of the right station with scale time I mean, the business is entitled to collect money, warehousing.

What? 24. Engineering stack up on the wagon

1. Weight, volume of each commodity type corresponds to each type of wagon on each route provided by the business to ensure safety during transport.

2. When loading the goods, the transport tenant must perform:

a) If you rank less than a technical payload or a specified volume for each type of cargo, the type of wagons on each route must pay the correct charge with the technical payload of the used wagon;

b) If the operator of the transport subscriptions to a car that does not achieve the standard specification of weight, volume, or line of order, it must be folded and subject to cost, unloading, or other costs of births caused by delays;

c) The transport tenant is not overrated the technical load of the car wagon. If the breach is violated, the operator must unload the line of goods that exceeds the load of the car's license and bear all the costs of unloading the cargo, reloading the goods, the carriage deposits;

d) When loading goods on the wagon, for the types of goods, the car car has a minimum weight rating, then it must be eligible to secure the safety of the transport.

3. When lining up on the unconvertible wagon, in addition to the regulations at paragraph 2 This, the transport tenant is not overrated the line limit, and at the same time must make the right regulation of the business rating and family goods.

4. The business is responsible for guidance, monitoring the tenant in the process of carrying out the freight line. If the order is found to be unregulated, ask the tenant to rectify before the delivery.

What? 25. Responsibility, unloading.

The responsibility for classification, unloading of the goods specified as follows:

1. Retail business, unload.

2. Prescription Goods by the tenant, the recipient of the goods, unless the shipping contract has a different regulation.

3. If the driver of the transport, the recipient of the business leaderboard, unload the operator, the recipient is responsible for guidance, monitoring the process, unloading the regulation. For the following types of goods:

a) dangerous goods;

b) Animals live;

c) The goods of the raw, fast-moving goods must have special safeguards while shipping;

d) Liquid goods, rows of transportation with specialized wagons;

The package must be loaded, unloaded with special equipment.

e) A super-high, super-big.

4. The business is responsible for guidance, monitoring the right commodity rating of the digital queuing technique to ensure the integrity and safety of goods, except for the prescribed goods at paragraph 3 This. If the lease is not properly classified, the business has the right to request a suitable repair.

What? 26. Time -Yeah.

1. Time for a car car was calculated from the time the trailer was put into place and the business alerted the transport tenant until the shipment was finished. The unloading time for a trailer was taken from the time the trailer was taken to the loading site and the business informed the delivery person until the recipient finished goods and paid an empty car to the business (including the time of sanitation and the closure of the wagon).

2. The maximum number time, the maximum load for a cluster of cars has the same time rating, unloading the maximum for a wagon unless the transport contract has another agreement.

3. Define the maximum time of time, unload the maximum for a trailer, the car cluster is regulated by the business.

What? 27. Goods do n' t align in the same car

Goods are not generally placed in the same car wagon in the following circumstances:

It's a rotten goods with no damage.

2. Food goods with foul goods.

3. Liquid with the moistued goods.

4. Goods transport under special conditions with cargo cargo under normal conditions.

What? 28. Closing the goods

1. Depending on the nature of the goods, the seniers must close the package properly to ensure that the goods are not damaged, break, fall apart, deflate or affect other goods in the process, unload, and transport.

2. The merchandise packaged with the box, lawsuits, bins must be branded, signs, symbols, characterization of the goods (if required). Yes. ), the weight, the full name of the goods, the correct assurance, clear.

3. The remains must be placed in the coffin, the remains and must be packaged in accordance with the rule of law.

4. Enterprise is entitled to check the packaging of the goods and ask for a properly replenised transport tenant before receiving the shipment.

What? 29. Chemical Cards

1. In two retail investments, the transport tenant must force the card to specify the name of the station sent, the station comes, the name, the tenant address, the recipient, the name of the goods, the weight, the number of goods items, the number of goods and other necessary information.

2. The case cannot force the card to a row, the transport tenant must record the prescribed information at paragraph 1 This Article at the most visible location of the cargo event.

3. The business is responsible for providing the goods and inspection card, instructs the tenant to charge the card.

What? 30. The responsibility determines the weight of goods

1. For the retail: the business determines the weight of charging, if the goods are of the type bulkhead It ' s the volume that ' s going to scale. 3 It ' s about 300 pounds, and it ' s written in the mail.

2. For the prescription row: the transport tenant is responsible for determining the weight of the goods to write to the deposit sheet; the business has the right to check the weight, the number of goods sent by the deposer in the deposit sheet.

What? 31. Prescribe commodity value and commodity insurance

1. Transport tenants Yes. I ' m going to enlist a commodity value.

2. When prescriing the value of goods, the transport tenant must pay the business a cost of prescribation of the value recorded agreement in the transport contract.

3. The tenant of the transport purchased or commissioned the business to purchase the goods insurance according to the rule of law.

What? 32. Delivery of goods

1. The goods were taken by the business when the business had received enough goods, finished the procedure and handed over to the transport tenant of the two-bill delivery bill. Starting from this point (for goods without a person of pressure), the responsibility to look, protect the safety of fully owned goods, except for the specified case at 2 Article 33 of this information.

2. Depending on the properties of the goods, businesses and transport tenants can make a deal, selecting one of the following forms of communication:

a) Transport in the number of units of goods by counting;

b) Transport by volume: use measurement tools to determine the volume of goods on the wagon;

c) Transport by weight: use the weight to determine the weight of goods available on the wagon;

d) Cause of the prescription: by the seal of the seal's seal intact;

) Communicate by the characteristics of the goods issued by the two parties in the transport contract.

What? 33. Name check and state of goods

1. When a receipt, the business must check the name of the goods that has been logged in the deposit, on the packaging, the ligament of the shipping tenant ' s row. When there is a doubt about the authenticity of the information in the deposit sheet, the business has the right to ask the tenant to open the packaging to check (except for the specified case at 2 This Article).

2. For goods that have been packed up to the wagon and sealed off the lead clamp made by the tenant, the business is based solely on the information on the deposit that cannot be checked by the name, weight, packaging process and the state of the goods. After receiving the transport, if the authorities have the authority to request an examination of the authenticity of the information on the deposit, the business has the right to unlock the lead clamp, package to coordinate the test and must compile a verified audit editor. of the authorities authorities have asked for an inspection, at the same time to inform the operator. If the detection is wrong compared to the information on the deposit sheet about The goods, the weight, the packaging and the state of the goods, all the costs arise by the tenant.

3. The business was entitled to refuse to receive when the inspection of the damaged goods discovery, broken down, the information that was written in the unaccurate deposit. with Actually.

What? 34.

1. Toa car with a convertible car, a car with a temperature condit, a high-top, unconvertible wagon with a cover, a tug of a tug, when a freight train must be properly sealed.

2. For the prescription row, depending on the form of agreement according to the agreement in the transport contract, the sealing of the wagon is done under the following regulation:

a) If the business deals with the form by weight or quantity of goods then the business is sealed;

b) If the business is in the form of a sealed prototype, the tenant is sealing;

c) Done by the other agreement between the business and the transport tenant.

3. The transport tenant is responsible for sealing the goods with value-priced, antenna-based goods, self-running machines. For automobiles, tractor machines, machine devices that have many parts that are easy to unpack, do not close the enclosed package, for sure to seal every detail.

4. The business is responsible for the sealing of the cargo wagons, the trailer to the car, which transfers during the transport process.

5. The sealed sign of the party's responsibility is due to the regulation, but must be clear, full, aware of the transport process.

6. Management, use of a car-issued car-sealing vehicle.

What? 35.

1. The invoice for the deposit of goods issued by the business under the template registered with the state agency has jurisdiction. The bill to send goods is evidence from the delivery of goods between the business and the transport tenant, which is evidence to resolve disputes, compensation during transport.

2. The business is responsible for invoking the invoice for delivery of goods and delivery to the transport tenant after the tenant delivery of the goods delivery. Invoices send goods must have the signature of the transport tenant or authorized by the tenant.

3. The invoice bill must record the type of goods; sign, store code; quantity, commodity weight; where the delivery of goods, where to receive goods; name and address; phone number, fax number, electronic mailbox (if available) of the transport tenant, the recipient; Transportation and costs arise; other details that the business and tenants deal with the agreement to send goods to the invoice; validation of the business on the state of goods receiving transport.

4. Before mapping the order to the goods, the transport tenant must write to the print-sent note that provides full of the contents of the affidavit and sign (stamped if available). The affidavit must have a full amount of regulation at this 3 Article.

5. Transport and business users must be responsible for the content that has been written in the deposit and invoking invoices according to the rule of law.

What? 36. Papers include invoice deposit invoice

1. The transport tenant is responsible for the delivery of the business at the station to fully deposit the required papers by law; the full record in the letter to the deposit must be completely responsible for the consequences that occur due to no, no, no. not enough paperwork or non-correct paperwork.

2. Businesses Blame The full warranty of all the papers with the bill sends the goods to the delivery car and delivery to the delivery person. If the business is lost, the paper damage that comes with the bill to send the goods, then it must be compiled to confirm the incident to be sent to the car wagon.

3. The loss, the damage, the lack of paperwork or the correct paperwork content causing damage, delays in the course of transport caused by the side must be fatal. Compensation to the rest and be accountable to the law.

What? 37. Preservation of goods

1. The business is responsible for the preservation of goods since the delivery of goods until the delivery of the goods to the recipient, except for the types of goods that are oppressated to follow in the transit process specified at Article 38 of this Information.

2. Before the delivery of the cargo at the station goes, if the driver of the transport is required, the business can receive the preservation from the time the goods take to the station and collect the preservation money. In the destination station, for the type of business goods must be preserved, if the receipt is too restrictive at Article 41 of this Smart, which the operator has not received goods, then the business continues to preserve goods and is collected for preservation.

What? 38. Load of goods

In addition to the types of goods that the transport tenant must send to the oppressmen and the applicable adoption organization of the Digital Protocol 109 /2006/NĐ-CP of the Government and the provisions of the relevant legislation, the imposition of the remaining types of goods agreed between the transport tenant and the business.

What? 39. Transport constraints

1. The shipping limit is calculated from when the business receives the goods and completed the procedure at the deposit station until the delivery of the goods to the delivery person, including the following times:

a) Time at the station sent;

b) Time runs on the road;

c) Time at the station.

2. The shipping limit is agreed upon in the transport contract. If there is no agreement in the contract then the shipping deadline is determined by regulation at the 3, 4 and paragraph 5 of this Article.

3. The time running on the road is calculated from 0 (no) hours after the business date of the pickup and is specified as follows:

b) The row: 250 km or not enough 250 km is 01 days.

4. Time at the sending station is 1 day; the delivery time at the station is 1 days.

5. Time running on the prescribed path at paragraph 3 This is added to the actual time the train must be parked or the wagon must stop in the following circumstances:

a) the end of the path of the unimpediable cause;

b) Control or care for plants;

c) Additional conditions for preserving goods for raw goods or fast goods;

d) Repair, supplements, bucket of corrupt goods, undue process of failure of the business;

The State Agency has jurisdiction over the regulations.

6. The goods are treated as transport on time when the shipment to the station comes on the last day of the shipping deadline and the business has reported the goods to the recipient.

7. If the transfer deadline is too limited, the business must pay a penalty overpass by regulation at Article 66 of this Smart.

8. Enterprise is entitled to decide to shorn the shipping term compared to regulation at paragraph 3, paragraph 4 of this and must notify the operator, the recipient.

What? 40.

1. Shortly after the arrival of the gas to the station, the business must report to the recipient according to the correct name, the address that is in the invoice for the deposit.

2. The report is expressed directly or indirectly according to the agreement in the contract.

3. The contents of the press release must have enough names, the receiving address, the date, now the news reports.

What? 41.

1. The order limit includes the time the recipient comes to the station, the time as the procedure to receive goods with the business, time unloading the goods and bring all the goods out of the station.

2. Time the recipient goes to the station and newspapers for the business representative to make the receiving procedure calculated from the receiving time of receiving the news plus the travel time to the station and 2 hours of preparation. Shortly after the arrival of the news business, the recipient must come to receive the goods and get out of the station during the prescribed receipt.

3. The time as the procedure to receive goods with the business is the actual time since the recipient of a valid paperwork for the business as a business procedure until the business completes the procedure and starts delivery of goods.

4. After completing the receiving procedure, the recipient unload the goods and transports the entire cargo out of the station. The time to unload and transport the entire cargo out of the station is regulated by the business and must be publicly informed.

5. The recipient is not entitled to refuse to receive goods when the business has reported the goods to, unless the case of goods is damaged by the business ' s fault.

6. Overtime the delivery, the recipient must pay a deposit of the car wagon, save the warehousing, preserve, move the goods to arise if available.

7. When the goods are damaged, metamour due to the process of limiting the order, the recipient must take responsibility.

8. For dangerous goods in the type of flammable, flammable type; the poison, the radioactive substance; the body, the remains when it is too restrictive that the receiving person has not received or has not yet taken them out of the station, the business must inform the authority with the authority to resolve.

What? 42. Yeah. I accept.

1. The business is responsible for delivery of the goods to the recipient in the right form of the agreement.

2. The goods with the oppresso are delivered in the form of the original form.

3. At the destination station, the business must delivery the goods to the recipient by the form of a license in quantity, the weight if the recipient does not agree to receive the prescriptions in the following circumstances:

a) The seal of the carriage seal is no longer intact;

b) Fresh goods, fast enough to be too limited to transport due to business errors;

c) The process of cooling, the maintenance of the trailer is violated by the fault of the business;

d) The unloading of the accepted recipient ' s face at Article 45 of this message.

4. The goods are viewed as adequate delivery, sufficient if the weight difference or volume of the goods between the mail and the station to not exceed the difference between the two sides of the agreement.

5. When the delivery, if the recipient finds a missing, redundant, corrupt, corrupt, or these phenomenon has been published by the business in the process of shipping, the business and the recipient are responsible for determining the real losses. the goods of the goods, the border of the business, to serve as the basis for the settlement.

Where the two sides do not agree to the actual losses of the goods, it is possible to invite the organization to be held in order to monitor the goods. All costs arise from the supervision due to the failure of the party.

6. Goods are considered to be delivered to the recipient when the recipient has signed S The station's delivery came and received the bill of goods.

What? 43.

1. When delivery of the car to the driver of the freight line, the business must deliver a clean car. The transport tenant has the right to refuse to accept the unsecured car.

2. After the unloading of the finished goods, the recipient responsible for the delivery of the car car business has been closed, clean sanitation.

What? 44. Send in a driver with a wagon, the reinforced material on the deposit station.

The transport tenant may ask the business to send back to the station, which is loaded with the car, the tenant's household materials, and the company's regulatory capacity.

Chapter V.

RESOLVE THE INCIDENT DURING TRANSPORT

What? 45. Yeah. I accept.

When the business has reported the item to and the expiration of the receipt that the recipient does not go to the prescribed goods at Article 41 of this privacy, the business is entitled to unload the goods ' absence for business items. Yes. the ability to unload and preserve. When it comes to receiving goods, the recipient must pay the business the cost of unloading the goods, the preservation of goods and other expenses according to the business ' s regulation.

What? 46. Aviation has a recipient

1. Aviation has no recipient of the prescribed treatment at Article 106 of the Rail Law.

2. For the corrupt goods, after the business has reported the goods to and the expiration of the receipt without the recipient, it is viewed as a non-recipient goods. The business is exempt from responsibility for the goods being damaged, depreciated, and is made to be resolved by the rule of law.

What? 47. Goods deemed lost.

1. Goods deemed lost if too time to transport with time The business has not yet been reported by the business:

a) For ordinary goods are 15 days;

b) For the corrupt goods of 4 days.

2. The compensation of the damages caused by the lost goods is in accordance with the regulation at Article 71 of this Information.

What? 48. Goods confiscated, processed

In the transport process, if the goods are competent by the State Agency. Check. , confiscation or disposal, the business must establish a prescribed and informed receipt immediately to the recipient, the transport tenant knows.

What? 49.

1. When traffic congestion is not able to transport, the business must inform the operator, the recipient knows to unify the treatment. The tenant of transportation options and unity with the business performs one of the solution forms. decision After:

a) Bring the goods back to the station;

b) Take the goods back to unload a station along the same route;

c) Transfer of goods to continue;

d) Wait for the road to go on.

2. When the road congestion caused by the business ' s fault, the transport tenant has the right to ask the business to transport goods in one of the prescribed forms at 1 Article. The payment of the settlement is as follows:

a) If you take the goods to the deposit station, the business must refund the entire amount of money and the costs that arise under the contract that the transport tenant has paid for the business;

b) If bringing the goods back to unloading a station along the same route, the business must return the deposit on the section of the road from the loading station to the station to the record in the invoice for the deposit;

c) If you transfer the goods to the next, the business organizes the transfer to the goods that you have the ability to organize the transfer, the transport tenant does not have to pay the transfer costs.

3. When the road traffic is not due to the business ' s fault, the tenant runs the deal with the business to choose to transport the goods in one of the prescribed forms at 1 Article. Payment of the prize money decision as follows:

a) If bringing goods to the station to send or unload a station along the same route or unloading at the road station, the business returns the id on the section from the road station to the station to the record in the invoice for the deposit and a 50% drop in the route. Come back.

b) If you transfer the goods to the next, the business organization transfers to the goods that you have the ability to organize, the transport tenant must pay all the costs that arise from the transfer.

4. When the business has reported a traffic jam without receiving a request for a driver ' s settlement, the processing is as follows:

a) For the perishable goods, the living animals that after 04 days do not receive the opinion of the transport tenant, the business is entitled to handle under Article 46 of this Smart; the processing method must be the most beneficial to the transport tenant;

b) For other goods, the business waits for the route to continue shipping.

5. Businesses do not collect money changes by transport tenants to other schools. Code. This is it.

What? 50. Processing when the discovery of false goods is called in the transport process

1. For ordinary goods, if the discovery is misstated, the business continues to transport to the terminal and is obtained by the recipient:

a) The missing man;

b) The penalty for the wrong name.

2. For the dangerous line, the goods need to have special protection measures, if the discovery of the uncorrect non-release tenant is as follows:

a) The case may be harmful to safety of the ship and other cargo, the business to unload the nearest train station to the nearest train and inform the operator, the recipient knows. The business recharge its predecessor, collecting the costs of being born and collecting fines on the actual passage that has been shipping;

b) The case can continue to transport without causing loss of safety, the business continues to transport to the station and has the authority of the recipient of the amount prescribed at the 1 of this.

What? 51. Load of weight, overload

The case of misfiring weights for the prescription goods that was given by the owner in the letter of the letter was incorrect with the actual daily weight on the wagon, including the following cases:

1. If the total actual weight on the car ≤ 105% the technical payload of the wagon or has not yet exceeded the technical payload ' s permission, the business continues to transport to the station to and to the recipient of the recipient of the missing transport deposit. It's a business-based tax.

2. If the total quantity of actual goods on the car is greater than 105% of the car 's technical payload (exceeding 5%) or exceeding the vehicle' s permission load, the business is entitled to unload the payload weight, inform the operator. We don't know. The business is entitled to a multiploid penalty and expenses that arise by the regulation of the business. If the transport tenant is required to carry a load of multiple downloads to the station, it is shipped under the new agreement.

What? 52. Abort transport

The transport tenant has the right to request the cancellation of the transport when the train has not run at the sent station and must be subject to the cost of the delivery due to the cancellation of the transport. Conditions, sequences, procedures and expenses arise to carry out transport cancelation by business regulation.

What? 53. Change the recipient

1. The transport tenant has the right to recharge the recipient when that merchandise has not been delivered to the previous recipient (the change of the recipient is made only once) and is subject to the cost of the delivery due to the change of the recipient.

2. Conditions, procedures, procedures and costs arise to make changes to the delivery person according to the regulation of the business.

What? 54. Change the station

1. The transport tenant has the right to change the station to even if the goods are being transported on the road or have reached the destination station (the gas change comes only once) but is subject to the cost of the delivery due to the change of the station.

2. Conditions, presentation The procedure itself, the procedure and the costs arise to make the gas change to the business regulation.

What? 55.

1. The business only receives a public transport that is consistent with the technical standard of the wagon; the antenna transport on the wagon must secure the road weight, gauge the rail limit, and have a safe certification.

2. The transport tenant is responsible for the type of goods, the rating and the weight of goods arranged in the antenna to ensure safety during rail transport.

3. Technical measures and company-based company-based transport organization.

What? 56. Dangerous shipping

The classification, the engineering conditions, the unloading, the preservation, the dangerous shipping carried out in accordance with the Digital Protocol. 109 /2006/NĐ-CP And the laws that violate the law are relevant.

What? 57. Supergravity, supergravity.

1. The unremovable goods are considered to be a superschool row when belonging to one of the following cases:

a) The goods when stacked on the wagon on the road with height from the surface of the ray or the width beyond the limit of the output limit, the car provided in the National Technical Regulation of rail exploitation (later known as the limiting line of limitations);

b) The goods when stacked on the wagon on the straight line have the length of the row beyond the floor length of the car (the latter is called too long row).

2. The unremovable goods are considered supergravity when belonging to at least one of the following cases:

a) The goods have a weight exceeding the load of the vehicle ' s technical load;

b) The cargo has a length of contact on the floor of the car floor less than 2 meters and has a weight greater than 16 tonnes.

3. Supermarket shipping estimates, supergravity driven by the business and tenants of the agreement.

4. When transporting the super-school, supergravity by rail, the business must be given the approval of the competent organization.

5. The organization of super-school transport, supergravity is done by the regulation of the business.

What? 58. Transport on the branch and the dedicated railway that connects to the national railway.

Shipping of goods on the branch, the dedicated railway to the national railway and vice versa. Fit. with the provisions of this message.

Chapter VI

SHIPPING AND OTHER EXPENSES

What? 59. Transport and other expenses

1. Transport and other costs are determined based on the rank, weight, distance of transport and quality of service.

2. Transport and other costs on the railway are determined by the business and must be announced, publicly listed at the business site of the business ahead of the minimum execution deadline of 10 days.

3. When an increase in the cost of shipping, the business must do according to the regulation at paragraph 2 of this Article. The business must publish and publicly list when it comes to the reduction of the shipping price.

What? 60. Transport.

The cargo level of the cargo is defined by the base of properties, values, maintenance conditions, transport or other related properties of the cargo that need transport. The freight level of the goods provided by the business.

What? 61. Transport count Weight

1. The principle of determining the weight of transport properties:

a) The odd one: according to the actual weight, the minimum weight is 20 kg, if over 20 kg is the fraction below 05 kg of the circular size of 05 kg.

b) The prescription row: the calculation of the specification allows for the trailer. For the goods bulkhead (item catalog) bulkhead It is due to a specified shipping business of less than 75%, or 75% of the payload's technical payload; if the weight of the load is more than 75% the actual load is calculated. Case of goods bulkhead It ' s sort of shared with the kinds of goods. bulkhead You know, some kind of a commodity. bulkhead Yeah, The weight of the mass-mass mass of less than 500 kg is not calculated, from 500 kg to under 1 metric ton.

c) In a car wagon with a wide variety of goods with different identities, the weight of the identity is determined as follows: if the tenant records the weight of each type of goods, the individual ID is given to each of the goods and plus; if the tenant is shipping. does not record the weight of each type of cargo or incomplete record, the non-weighted portion of weight is calculated according to the highest value in the goods leased goods; if the total quantity of the goods is not sufficiently valuable to the given. The car wagon is part of the unusable payload of the type of cargo that has the greatest weight or the value of the value. The lowest of all the goods with the greatest weight.

2. The weight of all items used to pack the goods must take into account the weight of the goods to calculate the transport.

3. For freight-based shipping, the amount of cargo weight to calculate transport is the largest use of the load (including the registration load of the antenna and the payload).

4. The determination of the weight of the goods of transport properties to the body, remains, and other types of goods requires preservation, the other special transport made by the regulation of the business.

5. Weight to calculate the other costs is the weight to calculate the transport.

What? 62. Transport distance

1. Transport distances are defined by rail transport based on the distance between the stations organized by the organization.

2. In rail transport, the minimum distance to feature is 30 km.

What? 63.

1. Pre-carriage money is based on the number of wagons that have to be cornered, cornered and moneable.

2. The cork is calculated from the starting point of the junction at the station with the corrual to the bottom line and is applied to each of the 500 m; the odd part is 500 m less than 500 m.

3. If in the station range, the transport tenant wants to rank, unload the specified location and be accepted by the business, then pay the carriage with a range of 1,000 m.

4. The corrual price is determined on the basis of the cost of the head of the machine, the wagon, the road bridge, signal information and other service activities. Valuation of specific costs provided by the business.

What? 64. Other expenses

1. For the types of goods that the protocol requires to determine the actual weight of the goods in the transport process, the delivery must be paid and the transport tenant must pay the balance. In the event of a balance to resolve the dispute, there is an error to pay the balance.

2. Pre-store of goods, warehousing, flats issued by the transport tenant or paid recipient in case It was born on a tenant's fault. The precuration of goods, storage money, the dump is determined based on properties, values, preservation conditions, or other properties associated with goods and amounts of goods, time of preservation, warehousing storage.

3. The currency changes the receiving person, changing the station to, canceling and changing the carriage transport charged by the number of wagons.

4. Cost of the business.

What? 65. Car deposit and carriage equipment attached to the trailer

Car deposits, transport equipment attached to the car are determined based on the number of wagons, transport equipment accompanied by the stagnated wagon, the time of the deposit, and the application of the wagon, with the carriage attached to the wagon. Car-deposit applications, transport equipment accompanied by car-specified car coaches.

Chapter VII.

REWARD, PENALTY AND PAYMENT

What? 66.

The transport tenant and the business can make a deal in the transport contract on the reward, fined for the implementation of each party ' s obligations. Contract. The transport.

What? 67. Money and payment form

Transport and business people are entitled to pay with the Vietnamese currency, in accordance with the form of agreement noted in the transport contract.

What? 68. Payment Regulation

The payment is done under the agreement. Contract. transportation between the carrier and the business, where the payment is not agreed, the payment is done by the following regulation:

1. The transport tenant must pay at the deposit station and other delivery costs at the station before the delivery business goes.

2. The recipient must pay at the station until before receiving the missing payments, the expenses that arise along the road or at the destination station.

3. In the case of the transport tenant, the recipient of the correct payment is stipulated at paragraph 1 and paragraph 2 of this Article:

a) At the deposit station, the business is entitled to store the goods again until the operator completes payment of the payment;

b) At the destination station, the business is entitled to keep the goods again until the tenant, the recipient completes payment of the payment;

c) The driver of the transport, the recipient must pay the prescriptions, the car deposits, and other costs of birth to the goods due to the slow payment of the payment.

What? 69. Transport adjustments and other details charge other

When the release of the transport and other expenses of income or not enough is the tenant, the business has the right to request the adjustment as follows:

1. If the detection at the station sent when the goods have not been transported, ask for a correction at the deposit station.

2. If the delivery is detected before delivery is required to adjust at the station.

3. If the following is delivered to the recipient, the parties still have the right to request the adjustment.

Chapter VIII

COMPLAINTS, DISPUTES, COMPENSATION

What? 70. As long as the goods compensation is lost

Businesses are not compensated for the loss of goods in the following circumstances:

1. Due to the unimpede cause.

2. Due to the natural nature or inherent disability of the goods; due to the characteristic of the goods caused by fire, metamorization, depreciation, han g It ' s broken; it ' s infected.

3. The goods with the oppressated, damaged, undue loss of the business ' s failure.

4. The tenant sacks the package, closing the barrel, line the goods in the non-true antenna.

5. Due to the disability of the packaging, of the goods closed in the antenna that the business is not able to detect.

6. Opening the name of the commodity; marking the sign of an incorrect commodity.

7. The goods sent by the sentry order, when unloading the sign, the sealed sign is intact, the wagon or the antenna or the antenna has no traces of being opened, breaking.

8. Goods stacked in the car wagon intact, intact protective markings; good ligaments, intact packaging, sufficient quantities; no signs of being broken, open.

9. Due to the prescribed term of regulation at Article 41 of this Notice resulting in damaged goods, depreciation.

10. The state agency has the authority to capture or coerve the test that leads to damage, depreciation, loss.

What? 71. Compensation of lost goods, lost

The goods compensation business is lost to the transport tenant, the recipient follows the following regulation:

1. Goods that suffers from loss of whole, total compensation, damaged goods, deficiices, partial loss of damage, lack of damage, loss, loss; case The damage, the missing, the loss that resulted in the loss of the value of the used value, the full compensation and the ownership of the rights to the goods of the lost goods.

2. The level of shortages of shortages, loss of execution by the following regulation:

a) For Merchandise that prescribes value in the invoice of the deposit, compensated for the value of the manifest; case The business proves that the actual value of the actual damage is less than the actual value of the actual damage.

b) For goods that do not prescribe value in the invoice to the deposit, compensated by the regulation: by the two sides of the agreement; by value on the purchase invoice; at the market price of that commodity at the time of shipping payout and return location. There is no market price of the commodity in the case of the average value of the same type, the same quality in the area where the payout is.

3. Case No. Yes. The basis for the resolution at paragraph 1 and paragraph 2 of this, the compensation does not exceed 50,000O (fifty thousand) of Vietnam for one kilogram of goods lost.

4. For the goods that have been purchased by the transport tenant, the compensation is carried out. Contract. Okay, insurance

5. In addition to the compensation damages specified at 1, 2, 3 and paragraph 4 of this, the business must also reimbursate the tenant of the full amount of money or the charge of the number of goods lost.

6. The transport tenant, the recipient and the business agreement on the forms and levels of goods that are specified in the 1, 2, 3 and paragraph 4 of this Article or by other forms and compensation levels that the two sides agree to do, If you can't make a deal, the compensation is done in accordance with Article 74 of this information.

What? 72. Car deposit, transport tool

Car deposits, transport equipment accompanying the wagon are the money that the tenant or the recipient must pay for the business due to the extension of the occupation period compared to the specified term. The price of the car deposits, the transport equipment, is accompanied by the car-specified car.

What? 73. The reparation reparation, wagon and transport equipment

In the process, unloading, transporting goods, if the operator of the transport, the recipient or the business that damages the transport, transport equipment, loss of spare parts, the vehicle's equipment is compensated for the person with damage.

What? 74.

1. During the transport of goods by rail, if the incident arise affecting the right, the interests of the parties are the business and the tenant, the recipient of the settlement through negotiation, mediation or the request of the arbitration for resolution. or sue the Court. The procedure, the procedure for resolving disputes is carried out by the rule of law.

2. Times Complaints, the timing of the event was carried out under regulation at Article 110 and Article 111 of the Rail Law.

Chapter IX

THE ORGANIZATION.

What? 75.

1. This message has been in effect since March 15, 2015.

2. Repeal Decision No. 05 /2006/QĐ-BGTVT On January 13, 2006, Minister of Transport for the Department of Transport for the promulgation of the provisions of the shipment of goods on the national railway.

3. When the text of the rule of law is shown, applied at this message has modified, complementary or substitution, the application of the modified, complementary or substitution text.

What? 76. Do

Chief of staff, Chief Inspector of the Department, the ministers, the Director of the Vietnam Railway Bureau, the head of the agencies, organizations and individuals who are involved in the responsibility of this private practice.

Minister.

(signed)

The La rose.