Circular 14/2012/tt-Bgtvt: Regulations On The Transport Of Passengers, Luggage, Covers Submitting Speedboat By Water Transportation Between The Ports, Ben In Inland Vietnam

Original Language Title: Thông tư 14/2012/TT-BGTVT: Quy định về vận tải hành khách, hành lý, bao gửi bằng tàu cao tốc theo tuyến vận tải đường thủy cố định giữa các cảng, bến thuộc nội thủy Việt Nam

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The CIRCULAR regulates the transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in inland Vietnam _ _ _ _ _ _ _ _ _ _ _ _ The Vietnam maritime law base 2005;
Pursuant to the law of transport inland waterways in 2004;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
The Minister of transport issued a circular regulating the transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in internal Vietnam, chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in internal Vietnam.
Article 2. The object that applies to this circular apply to organizations, individuals and organizations, Vietnam foreign individuals related to business activities for transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in internal Vietnam.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. Train as the passenger boat speed from 30 km/h or more.
2. Boat water transportation includes transportation of passengers, baggage, including sending on the flow of maritime and inland waterways flow.
3. Port Service Port service is related inland waterway or maritime Ports.
Chapter II TRANSPORT of PASSENGERS, luggage, COVERS SUBMITTING via article 4. Transport, transport in passenger fares, try; luggage storage, how to send; disputes, compensation and authority approved for transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in inland Vietnam 1. Transport, transport in passenger fares, try; luggage storage, how to send; disputes, compensation and authority approved for transport of passengers, luggage, covers submitting speedboat by water transportation between the ports, Ben in Vietnam, internal organization, individuals perform as specified in circular No. 04/2011/TT-BGTVT dated 31 March 2010 the Minister of transportation regulations on inland passenger transport the prefecture.
2. in case of water transportation routes coincide partially or completely with the flow of the approval authority, maritime transport of passengers, luggage, covers submitting speedboat under water transportation routes are fixed only approved when the consensus opinions of the relevant maritime Ports.
Article 5. On the procedure and departed 1. On the procedure and departed for speedboats operated on fixed water transportation routes made under article 15 of the circular No. 25/2009/TT-BGTVT dated 31 August 2010 the Minister of transportation regulations of the port's Operations Manager, Ben Interior.
2. Port service licensing related to the ship left port, Ben is responsible for tracking the boat's journey from port to port, Ben that Ben, the last of the journey; coordinated with the authority, the relevant unit handles when train crash, an accident on the journey.
Article 6. Registration of quality of service 1. Subscription content quality a) for high speed trains include: ship name, number of seats, year of manufacture, place of manufacture, the equipment served passengers on the ship;
b transport organisation approach): the actuator on the activity approach, the journey, the work to ensure traffic safety;
c) The rights of passengers are: insurance, the amount of luggage carried free of charge and the passenger service on the journey.
2. The transport business filed 01 (a) record quality registration services directly or sent by mail under the fixed routes. The records include: a) 2 a register of quality transport service according to the model in annex of this circular;
b) for the transport business has been granted a certificate of service quality management system according to the ISO quality management shall submit a copy certified quality management certification services according to ISO quality management system.
3. The Department of transportation received, check the records and handle as follows: a) the case of direct filing, if the full profile as specified, then the license and appointment records receipt charged the results according to the prescribed time limit; If the record is incomplete, then return the right and guide the transport business complete records;
b) case of receipt through the postal system, if the record is incomplete, the Department of transportation reported in writing at the latest 1 (one) days from the date of the profile.
4. within 10 working days from the date of receiving the application, the Department of transportation confirmed on a registered service quality and return for the transport business 1 a. The case does not endorse, have to answer in writing within the time limit stipulated in this clause and stating the reason.
Article 7. Regulation on listed 1. Listed on: telephone hotline of the transport business and the rules go.
2. Listed on the pier, at the ticket sales: production time is Marina, visits weekly, fares, ticket discount policy under the provisions of the law and of the transport business, journey (including vacation stops, time stops, vacation), the service served passengers on the cruise, passengers insurance , the allowance, the phone number to receive information reflected by passengers.
Article 8. Accidents in the waters of the Harbour, dock, inland waterway organisations, individuals related accidents in port waters, Ben, inland waterways according to article 7 of law inland waterway traffic and circular No. 25/2009/TT-BGTVT dated 31 August 2010 the Minister of transport rules on the management of the port's activities Ben, Interior. The case of the train crash, an accident that is not capable of remedy within 30 minutes, must be reported immediately to the Center to coordinate search and rescue, maritime areas to rescue or rescue organization.
Article 9. Accidents in the waters of the port, the Maritime Organization flow, related accidents in the waters of the port, the flow of maritime circular No. 03/2009/TT-BGTVT on August 11, 2009 by the Minister of transport regarding the reporting and investigation of maritime accidents. The case of the train crash, an accident that is not capable of remedy within 30 minutes, must be reported immediately to the Center to coordinate search and rescue, maritime areas to rescue or rescue organization.
Article 10. Temporary activity suspension for high speed train in addition to the provisions in the legal documents involved, the port service relating implement active suspension for the train crash, crash has affected the ship's engineering safety and allow only works when the opinion of the relevant registry body of the train enough technical safety conditions to continue to operate.
Article 11. Sanction the administrative violations 1. For the maritime, streaming connection between the island and from the shore out to the island in Vietnam internal competent authorities sanction the administrative violations as stipulated in Decree No. 48/2010/ND-CP of December 21, 2012 of the Government sanctioning administrative violations in the field of navigation.
2. for the water transportation other than in prescribed in paragraph 1 of this article the competent agency to sanction the administrative violation according to the provisions of Decree No. 60/2011/ND-CP of December 21, 2012 of the Government sanctioning administrative violations in the field of inland waterways.
Chapter III TECHNICAL REQUIREMENTS, EQUIPMENT, article 12. Technical requirements, safety equipment of high speed train in addition to the technical requirements, equipment according to national technical regulation (legal hierarchy and close the speedboat TCVN 6875:2003), the train must be equipped with additional monitoring equipment, cruise or other device has features equivalent (hereafter referred to collectively as the itinerary monitoring equipment) be registered published cases rules, marked with conformity as specified in circular No. 8/2011/TT-BGTVT dated March 8, 2011 of the Minister of transport regarding the enactment of the national technical regulation on monitoring the journey of a car.
Article 13. Monitoring device of train journey 1. The transport business have to install, maintain good technical condition of the equipment monitoring the train's journey and to turn continuously since the shuttle train the first guests at the port of departure until the last guests, who practices at the port of destination.
2. monitoring equipment of high speed vessel must ensure a minimum of the following requirements: a) information: information about the cruise, operating speed, number, time stops, and must be stored within 1 year.
b) always connect to the internet and provides information for State administration authority.
3. The agenda of the monitoring equipment mounting itineraries: before 31 December 2012, the speedboats are mounting itineraries monitoring equipment.
Chapter IV RESPONSIBILITIES of ORGANIZATIONS and individuals, article 14. The responsibility of the transport business in addition to the implementation of the provisions in paragraph 2 to article 82 of inland waterway traffic Legislation, the transport business have to perform the following obligations: 1. quality public services;
2. In time for at least 10 minutes before the ship left port, dock, or boat staff members have the responsibility to guide and provide information on rules by train (for passengers), the location and use of lifesaving equipment, fire;
3. Notify the Department of transportation involved, reported in ports, Ben greet charged the previous guests on the 3rd attempt to change the chart run of ships or the schedule runs; before 12 hours when there are changes to the export time, Ben;
4. Management, store the information required, provide complete the required information for the Department of transportation, Maritime Bureau, Bureau of Vietnam Vietnam inland waterways and Port related services when requested.

5. In time for at least 10 minutes before the ship to port, the wharf to welcome paying passengers, staff on Board (or use the image guide monitor system) provides information about port, dock, media time saved and other necessary information;
6. To pay the cost of training rescue, rescue; full payment of public money to rescue organizations and individuals participated in rescue work.
7. In collaboration with the Center for maritime search and rescue training area and rescue rescue with time 2 years.
8. Join the rehearsal and the full implementation of coordinated approach to search and rescue, do search and rescue Center in marine areas implementation with time 2 years.
Article 15. The responsibility of the Department of transportation Also has responsibility are specified in the legal documents involved, the Department of transport, in coordination with the authority, the relevant consultative units up to Ben.
Article 16. The responsibility of the Vietnam register in addition to the responsibilities specified in the legal texts concerned, Vietnam must register: 1. Guide the branch, the branch register directly under the Vietnam register and register units directly under the Department for transport responded in writing about abnormal test results according to the test requirements When the test requirements of the State bodies are competent.
2. Periodically or irregularly reported to the Ministry of transport of the problems related to high speed vessel assigned responsibility.
3. Periodically or irregularly inspection, check the status of technical safety, security and environmental protection for ship and processed under the authority when necessary.
Article 17. The responsibility of the Coordination Center of maritime search and rescue region.
In addition to the responsibilities specified in the legal texts concerned, coordination centre for search and rescue, maritime areas must be performed: 1. Organize rehearsal coordinating search, rescue.
2. fostering organization, professional training on search and rescue for organizations and individuals involved.
Chapter V IMPLEMENTATION Article 18. Effect 1. This circular effect since June 15, 2012.
2. the attached annex to this circular sign transport service quality.
Article 19. Responsible for enforcing The Chief, Chief Inspector, Director of the Service, the Vietnam Maritime Bureau Chief, Director of the Vietnam register, Director of Department of Vietnam inland waterways, the Director of the Department of transportation, the heads of the agencies, organizations and individuals concerned is responsible for the implementation of this circular.