Number: 78 /2014/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, December 24, 2014
IT ' S SMART
Q It ' s about transportation of passengers, luggage, and stuff.
It's on the railway. a
Railway Law Base June 14, 2005;
The Civil Code base on June 14, 2005;
Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;
Base of Protocol 109 /2006/NĐ-CP September 22, 2006 of the Government Regulation details the implementation of some of the provisions of the Rail Law and Digital Protocol. 03 /2012/NĐ-CP January 19, 2012 by the Government on the amendment, adds some of the provisions of the Protocol 109 /2006/NĐ-CP September 22, 2006 of the Government;
At the suggestion of the Chief Transport and the Director of the Vietnam Railway Bureau,
The Minister of Transport issued a regulatory advisory on the transport of passengers, luggage, and the inclusion of the national railway.
This provision provides for passenger transport, baggage, submission; rights, obligations of the business enterprise carrying passengers, luggage, submission (later called enterprise) and of the passenger, the sensuer sent on the national railway.
This information applies to businesses, passengers, seniers, and organizations, individuals involved.
In this Information, the words below are understood as follows:
1. Passengers are valid for a valid ticket.
2. The luggage is the item, the goods of the passengers carrying on the same trip, including the luggage luggage and the sign luggage.
3. The baggage deposit is the item, the goods of the passengers sent on the baggage car of the convoy on the same journey.
4. Bao is the goods of the sentry business that the senier does not necessarily have to accompany that train.
5. The technical payload allows for the wagon to be the maximum weight loaded on the car according to the National Technical Regulation of rail mining.
6. The impossible case is that the cases occur objectively, unforeseen and irreparable despite the business, passengers, seniers, which have applied 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 congestion, passengers, deposers.
7. Danger row is a commodity in the category of dangerous goods provided by the authorities.
RIGHTS AND OBLIGATIONS IN TRANSPORT
PASSENGERS, LUGGAGE, COVER
1. At the site of the transaction between the business and the passenger, the sentry sends the content according to this and the documents are related to the sale of tickets, send, take luggage, submit; organize the answer and guide the necessary problems for the passengers, The man who sent luggage, sent it.
2. At the station, the station has a host, the passengers must have a boat shelter, ticket door, listing, public announcements at the ease of observing the following content:
a) Now the train price, ticket price, price, ticket sales plan. For ticket sales by electronic systems, the number of seats is required for passengers;
b) The catalogue of goods prohibited by passenger ships;
c) The regulations of the business in charge of serving passengers on board;
d) If the organization receives and returns the deposit, the deposit must have a place where the administrative manager is sent, sent; listing the value, the deposit value, the deposit.
3. The business must take the test, control measures to ensure safety, security for passengers, luggage, to be sent on the train, under the station.
4. Guest ships must have prescribed equipment at the National Technical Standards for rail mining.
5. As the passenger train goes, to the slow-hour station on schedule, the representative of the business, the ship ' s chief must promptly notice the passengers and those with the right and the related obligations.
6. Business regulations on passenger transport, baggage, submission must be consistent with the provisions of this Information and other provisions of the relevant legislation and must be publicly announced.
7. In addition to the regulatory obligations at paragraph 1, 2, 3, 4, 5 and paragraph 6 of this, the business of carrying passengers, baggage, and submission must be made to the obligations specified at paragraph 2 Articles 97 and Article 98 of the Rail Law.
1. Ask the driver, the passenger, the sensuer, the recipient to send additional tickets when there is no valid ticket or ticket.
2. Being entitled to refuse, suspend the transport of passengers, luggage, sacks have been available in the following cases:
a) The ship of the ship, the passenger, the senitone sent not to make a request for an additional ticket purchase requirement in paragraph 1 of this Article;
b) The passenger train does not approve the regulations at this Notice, the boarding party and other provisions of the law are relevant;
c) Children from enough 10 years or older (if not determined to be age are below 1.32 m) without adults accompanying;
d) drunkard, dementia, who has infectious disease, who has the disease the doctor has appointed not to move or find can be dangerous to the person himself when taking the train (except where the person who goes with the watch and who has infectious disease). It's a safe quarantine.
Due to the inability of the personnel to be subject to special duty in accordance with the order of the competent authorities such as the service of the rescue, rescue, security, defence.
3. In addition to the rights of the regulatory business at paragraph 1 and paragraph 2 of this, the business of carrying passengers, baggage, including the right of regulation at paragraph 1 Article 97 of the Rail Law.
1. Payment of payment and other expenses by regulation at the station.
2. Payment payments and expenses arise when unpaid or incomplete.
3. Payment of the payments and expenses that arise during the uncollected or unqualified transport process at the destination station.
4. Train passengers must:
a) There is a valid train ticket;
b) Accept of walking the ship and other provisions of the law are relevant;
c) Children from the age of 10 or older (if they are not determined to be aged less than 1.32 m) are required to be accompanied by adults.
5. Exposition full of tickets and valid papers for the railway staff who are in charge of control when entering, to the station, station, when boarding, while on the train.
6. In addition to the prescribed obligations at paragraph 1, 2, 3, 4 and paragraph 5 of this, passengers, the seniers must also perform regulatory obligations at paragraph 2 Article 99 of the Rail Law.
Permission to refuse to ship, send luggage, send when:
1. The business violates the regulation of this Smart or other regulations that are responsible for which such violations can cause direct or indirect harm to life, health; damage, luggage loss, the submission of the passenger itself or of the person. Send them.
2. The business does not transport the right train, it is time to score on tickets but does not negotiate with the passengers, the sentry sent to change.
In addition to the regulatory rights at paragraph 1 and paragraph 2 of this, passengers, the senitones also have the provisions stipulated at 1 Article 99 of the Rail Law.
PASSENGER TRANSPORT, PASSENGER TICKET
1. passenger tickets, consignment luggage, sent as evidence of the delivery of passenger transport contracts, deposit luggage, to the deposit. Passenger tickets, sent passengers, sent (paper tickets or e-tickets) issued by the business model registered with the state governing body have jurisdiction.
2. A valid ticket is a ticket issued by the business undeterred, deleted, repaired, and enough information and must be on the right train, time scored on the ticket. In case of repairs, the cleaners on the ticket must have the validation of the business.
3. When using an electronic ticket, the business must be guided and specified specifically for the passengers how to use; the regulation of valid tickets; unvalid tickets, regulations and guidelines that address the births for passengers such as ticket payers, exchange tickets, missed train, change. On the train, the traffic jam, to ensure the rights, the obligations of the passengers and of the business as other forms of ticket.
1. Enterprise must hold ticket sales at various locations, many days before the launch of the train, many methods of selling tickets facilitate the purchase of tickets.
2. Base at every specific time, every type of place, every type of ship, a specific regulatory enterprise that records them, the name and number of the People ' s Certificate (or Passport, Driving Permit, Party Card, Birth Certificate to the Children) of the passengers on the ticket.
The business is responsible for carrying out the exemption, lowering the fares for social policy objects when going to train under the rule of law.
1. The organization has a need to buy a collective ticket to a list that records the names of each of the members of the crew and the name of the company leader to coordinate with the business of solving the problems that arise in the journey of the ship. The exercise must be on a train, with the same station.
2. Enterprise when ticket sales must set individual tickets for each member of the company at a price level corresponding to the type of place, the type of vessel scored on the passenger ticket.
The organization, the individual with a need for a full-car ticket, the entire cluster of coaches in the convoy, the purchase of tickets, return tickets, exchange tickets under Article 11 and Article 15 of this Information and must have the following responsibilities:
a) Not for the guests to exceed the number of seats on the wagon;
b) Coordinated with the business to manage the number of guests on the wagon, the wagon cluster purchased tickets for full implementation of the obligations under the regulation at Article 6 of this Information.
2. Businesses when selling tickets must set individual tickets for actual passengers on the wagon, cluster of wagons.
The object that is prioritiled directly to purchase a ship ticket is specified in the following order of priority:
1. The person with severe illness that has the health agency ' s request must quickly move away.
2. The wounded, the wounded.
4. Women get pregnant.
5. The toddler with a small child under 24 months of age.
6. Older people age 60 or older.
7. Other preferred objects are regulated by the business.
Passengers, who are in the following cases purchased additional tickets in the business conditions that can meet the requirements, do not affect the other passengers and do according to the regulations of the business:
1. Passengers want to go too far from the station on the ticket.
2. Passengers want to swap places from low to high rank.
3. Train people without tickets or tickets are not valid.
1. Passengers have the right to return tickets, exchange tickets, cancel tickets before the launch train.
2. Enterprise specifically regulates the sequence, procedure, the corresponding deduction for the return time of the ticket, ticket exchange, ticket cancelation, and other content associated with the return of tickets, exchange tickets, ticket cancelation of passengers.
Passenger fares, shipping prices, deposit, and other expenses released by the business according to the law.
RESOLVE THE INCIDENT, IMPEDE PASSENGER TRANSPORT
The passenger was ill, forced to go down the road, the ship's head confirmed to take passengers on another train or to be paid back by the business to the unscheduled distance from the nearest station ahead of the station to which the train had been taken to the station. on the passenger ticket.
The business case must change the car, replacing the ship from the sale of tickets sold to passengers, and the changes to the settlement are as follows:
1. Passengers who have a high-class ticket without a seat should have to use a lower-class ticket out of the will, at the station, the business must refund the disparities on the passage of the passenger road which has to use a low-grade ticket without any additional revenue. Come on. The rank of place on the train is regulated by the business.
2. Passengers who have a low-class ticket without a higher placement of the business, passengers do not have to pay for extra money.
3. The passenger case does not accept the exchange, the business must return the entire ticket to the passenger.
Passengers lost their tickets when the train was responsible for informing the staff of the car. The loss of tickets is resolved as follows:
1. On the basis of the passengers ' notice loss and passenger ticket management data, the Chief confirmed the passengers who purchased the tickets and were lost, received the Certificate issued to the passengers to continue on the train, the paper's certificate of identification.
2. The case does not verify that the passenger has a ticket, then passengers must purchase additional tickets according to the company ' s regulations or passengers who have to get off the train at the nearest station to have parked.
1. Passenger missed by business failure of the business is no longer available for use. The business regulates certain instances of the ship due to the objective cause and settlement measures to assist passengers.
2. Passengers missed the train due to the business ' s failure to resolve as follows:
a) The representative of the business confirmed to the ticket, the layout for passengers to take the earliest train scheduled to stop at the station to record on the passenger ticket. The business is in charge of returning the disparities between the proceeds on the passenger 's ticket and the money of the actual type of place on the ship that the business is for passengers, where the actual place due to the business is higher than the passenger' s ticket. No more money.
b) Passengers may request to exchange tickets on the other day of the same type of ship equivalent to the purchased tickets and only be changed once;
c) If passengers do not continue to wait for the train, the business must pay the entire ticket (if missed the train at the station) or ticket money on the road section not yet gone (if the train is in the station along the way);
d) The business regulates the support of passengers such as eating, drinking, sleeping, resting during passenger time waiting for the train.
When there is a breakdown of the traffic congestion, the solution is as follows:
1. At the passenger station on the train:
a) Passengers have the right to refuse to take the train and ask the business to return the fare;
b) If passengers are willing to wait for the ship, the business must be deployed to the earliest ship.
2. On the shipping line:
a) If the passenger wants to return to the station, the business has to offer passengers returning by the first train that passengers do not have to pay. Upon returning, passengers can go down a station along the road if the train is parked. The business must return the fare to passengers on the passage from the passenger station to the train to the station on the ticket;
b) If passengers get to the train at the station that the train has to park back and require a return to the ticket, the business must return the fare to the passage where the passenger has not gone;
c) If passengers wait at the station the train has to park again to wait for the next, the business must ensure minimum living conditions such as: eat, drink free for passengers during waiting periods at the station;
d) The business case must hold a transfer, then the business must ensure the minimum living conditions for passengers as stipulated at the point of paragraph 2 This.
3. The refund deadline is no more than 30 days, since the day the passenger is down.
1. The weight of the passenger ' s exempt luggage is regulated as follows:
a) Buy a passenger ticket: 20kg;
b) Free tickets for social policy objects: 20kg;
c) The recommended ticket: implemented by the regulation of the business;
d) In size, the manual baggage weight is not beyond the regulation of the business.
2. Passengers must pay the baggage charge for the number of laptops that carry the specified level at 1 Article.
3. The portable luggage must have a container, packed, to be right where the regulations on board and passengers must take care of themselves, preserve.
4. The goods that prohibit carrying people include:
a) dangerous goods;
b) The weapon, the support tool without a valid use license;
c) The substances that cause the loss of hygiene, stain the wagon;
Goods ban traffic;
e) Animals live (except for dogs, cats, birds, fish, but must have proper equipment to keep the toilet, not to affect the person around them);
g) The cumbersome matter impedits the travel on the ship, damaging the car equipment.
TRANSPORT BAGGAGE TRANSPORT, SEND
The person who sent the deposit luggage, the package is responsible for the correct name of the goods in the deposit sheet. The person who sends the line is responsible for the consequences that occur due to the wrong number of names.
Passengers have the right to send luggage according to the ship that passengers travel with the following conditions:
1. Passengers have been given a prescribed train ride.
2. The luggage sent to the same station of passengers scored on the ticket.
3. The luggage is not in the type of goods that forbids transport by a passenger train or not a cargo ban.
4. The correct packaging is available. In size, the weight of each airline event is not beyond the regulation of the business.
The deposit sent by the vessel must ensure the following conditions:
1. Not in the type of goods that prohibited shipping by ship or not goods of circulation;
2. The correct packaging of the business.
1. The deposit luggage, which is sent by the deposer to be sure by the regulation of the business to ensure undamaged, depreciation, loss during the transport process.
2. Outside the package of the deposit luggage, the package must have the following information:
a) For the luggage of the deposit: the surname, the address of the passenger and telephone number, the fax number (if any);
b) For the submit: surname, address of the sener, recipient and phone number, fax number (if any);
c) The number of deposit baggage tickets, including;
d) Sign, characterization of the goods.
3. Before receiving the shipping, the business is responsible for checking the goods, packaging, and requirements of repairs, the addition to the right regulation, the case of doubt about the authenticity of the goods contained inside, the business is entitled to passengers, the sending. Send the package to check.
4. The types of non-mandatory rows of packages include:
a) motorcycles, electric bicycles, bicycles, children ' s cart, specialized vehicles for people with disabilities;
b) The types of rows that are not, do not need to wrap up without being damaged, depreciate or affect other types of goods when placed in the same car.
The business is publicly listed in the various types of cargo, mass, and the number of ships that receive transport depending on the type of ship and route.
1. When sending the deposit action, the consignment, the senitone must be written correctly, write enough content of the submitted letter according to the specified business.
2. Passengers, the seniers, are required to take responsibility for the legalization of the goods in the deposit luggage, the submit.
3. The business is responsible for checking the packaging, quantity, symbol, code, characterization of the goods and validation into the deposit sheet.
Passengers, the seniers can prescribe the value of the deposit, submit. The prescribation of value is based on the purchase of a purchase invoice or the results of the appraisal of the value of the competent authority.
1. Faction, unload the baggage deposit, the deposit is due to the business being responsible and collected, unloading the regulations of the business.
2. During the transport, rating, unloading, consignment, deposit luggage, the loss of damage, loss, if due to the business's faults, the business must pay off the lost goods, specified by regulation at Article 38 of this Smart, the cause of the cause. It ' s not possible to do that, in accordance with the provisions of Article 107 of the Iron Way Act.
1. When the delivery has been transported to the destination station, on the basis of information and at the request of the senet, the business must inform the recipient.
2. For signature luggage to the station that is slower than passengers, the business is in charge of timely reporting for passengers.
1. When receiving the deposit action, the passenger must return the baggage ticket to the business, pay the card to the baggage officer. If the loss of a luggage ticket or a car card, the passenger must make a copy of their name, address; name, status, and characteristics of the luggage; the Certificate of the People's Identification, Passport or Identification Document. the law.
2. The recipient of the submission must submit to the business paper business (if any), the Certificate of the People's Identification Certificate or the Introduction of the Agency, the local government which resides to serve as the recipient.
3. The business is in charge of creating the most favorable conditions for passengers and the seniers to receive a deposit action, submitted.
1. The constraint of the transfer of the deposit action, which includes a deadline for the receiving end of the station, the time of transport on the road and the signing of the deposit baggage, which is sent at the destination station.
2. The signing of a signed baggage is the time that the business of giving paid baggage sent to the sentry is calculated from when the train comes to the station.
3. The deposit limit is the time the return of the paid business to the recipient is calculated from when the news business sends to the station to the recipient.
4. Sales of regulation and public publication of the specified term in terms of 1, 2 and paragraph 3 This and the sequence, the procedure of solving compensation damages due to a term violation.
5. Limit the shipping limit, receive the baggage deposit, which is sent by the business, which is agreed upon with the senor.
RESOLVE THE INCIDENT, IMPEDE TRANSPORT
SEND LUGGAGE, SEND
1. The processing of the deposit luggage, which includes no recipient of the recipient following the regulation at Article 106 of the Rail Law.
2. For consignment luggage, the deposit is the corrupt goods, after the expiration of the receipt period under the agreement without the recipient is treated as a non-recipient. The business is exempt from responsibility for the goods of damage, depreciation, and the procedure to be resolved by the rule of law.
1. After having made the procedure to send the deposit luggage, the consignor, the sener can change, do not send the whole or part of the deposit luggage, submit; the station changes to, the recipient of the deposit, but must require prior to the deposit, the deposit is required. Car.
2. The business must do the procedure to send the deposit luggage, including.
3. The deadline requires changes and other regulations to change the transport of the deposit action, which is sent by the business of regulation.
Upon the discovery of the luggage, the inclusion of a goods ban on circulation or goods is not transported by a passenger ship specified in paragraph 4 Article 22, paragraph 3 Articles 24 and paragraph 1 Article 25 of this Information.
1. Detout at the station: the business refuses or suspend the transport.
2. Found while shipping:
a) For the dangerous cargo that is prohibited by a passenger vessel, it is required to suspend and take it down to the nearest parking station or station to which the ship is about to proceed.
b) If it is a shipping ban but not a dangerous row is allowed to be transported to the station and then proceed to the station.
3. At the request of the state agency with the authority to obtain the baggage of the deposit, the deposit of the business, the chief of the ship must compile a specific position and hand over the representative body of the body. The boundary pattern is regulated by the business. In addition to mapping, for each case resolved as follows:
a) School of goods seized at the station:
-At the destination station: the business informed the recipient to address;
-At the station sent: if the sign luggage is sent, the deposit is not up to the car, the business is in charge of the passengers, the seniers sent to the settlement; if the sign is sent, the deposit is placed on the wagon, but the train is not running, then it has to be lifted and reported. the guests, the seniers sent to the settlement.
b) If the train is running it is allowed to transport to the station and resolve as stipulated at point b 2, paragraph 4 This.
4. In addition to being subjected to the handling of the state agency ' s handling of authority, the passenger, the senor sent a prescribed violation at 1, 2 and paragraph 3 This is also right:
a) Pay the fine for the whole number of goods on the route that has shipped according to the business regulation;
b) The full compensation of the damage caused by the violation;
c) The expenses arise if available.
1. Stop shipping at the station to send:
a) If due to the unatable cause of the untransported cause, the business returns the baggage deposit, the deposit, and the shipping money to the senor;
b) If the business error is caused by a business failure, must cancel the shipping, the business must return the deposit luggage, the deposit, and all the money, the deposit, the deposit of the deposit.
2. Stop transport at the station along the way:
a) If the unimpediable cause cannot continue the transport, the sensuer may request a return to the deposit luggage, either sent at a train station to stop or at a deposit station or at a station along the specified path that has a signed administrative action, including. The business must refund the deposit to the section from the loading station to the station to the ticket on the ticket;
b) If the business ' s error is due to the failure of the business, the senier may request a return to the deposit luggage, either at the station to stop or at the station or at a station along the specified path that has a signed administrative action, including. Payment of the cost to the sentry is done as follows: receiving at the train station must stop, the business must refund the deposit on the untransported route; receive at a station along the way back to the exempt route and the business must pay. It was sent to the station to go to the station; it was sent to the station; it was sent to the station; it was sent back to the station, and the business had to return all the money, and the business had to return.
3. At the sending station, the station along the road if it is not possible to be transported due to the obstacle running without the request of the sentry as stipulated at 1 and paragraph 2 This then the business will continue to transport when the route is passed.
1. The sending luggage, which covers the damage, the deficiency or loss is compensated one of the following forms:
a) According to the value of the manifest to the deposit luggage, the deposit has a value statement; the business case proves that the actual value is lower than the manifest value, according to the actual damage value;
b) By the two sides of the agreement;
c) According to the purchase invoice value;
d) According to the market price of that commodity at the time of the payment and the return location; in the absence of the market price of that commodity, according to the average value of the same type, the same quality in the area where the payer is paid.
2. The case does not have sufficient basis to determine the value of luggage, which sends the compensation level of $50,000 for a ki-batch (kg) deposit luggage, which the deposit has been compromised.
3. Deposing Luggage, which sends damaged, deficiate, partial loss of damage, lack of damage, deficiency or loss; the case of damage, deficiency, loss of loss resulting to damage or failure to use the whole is required for full compensation and sales. The right to possess the rights to the number of lost goods.
4. In addition to the compensation damages specified at 1, 2 and paragraph 3 This, the business must also refund the person to the full deposit and the cost of the collection.
5. Passengers, seniers, and businesses agreement on the forms and compensation levels prescribed at paragraph 1, 2 and paragraph 3 of this Article or by other forms and compensation levels that the two sides agree on, the uncompromising case. In this case, compensation is carried out by regulation at Article 39 of this message.
1. During the transport of passengers, the act of consignment, sent by rail, if a breakdown of the incident affects the interests of the parties, the business and the passengers, who submit the settlement through negotiation, reconcile or require the Referee. solved or the start of the Court. The procedure, the procedure for resolving disputes is carried out by the rule of law.
2. The deadline of the complaint, the timing of the onset is carried out as stipulated at Article 110 and Article 111 of the Rail Law.
1. This message came into effect from 15 February 2015.
2. Repeal Decision No. 01 /2006/QD-BGTVT January 4, 2006, the Minister of Transport issued the regulations regarding the transport of passengers, baggage, and the inclusion of the national railway.
1. The Vietnam Railway Bureau is responsible for presiding, in coordination with the authorities involved in implementing the implementation of the implementation of this Information.
2. Chief of Staff, Chief Inspector of the Department, Chief of Staff, Director of the Vietnam Railway Bureau, Chief of the Department of Public Affairs, Units and Personnel Involved in charge of this L//.
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