Circular No. 77/2015/TT-BGTVT dated December 07, 2015 of the Ministry of Transport on transporting passengers and luggage by urban railways

THE MINISTRY OF TRANSPORT

Circular No.77/2015/TT-BGTVT dated December 07, 2015 of the Ministry of Transport on transporting passengers and luggage by urban railways

Pursuant to the Civil Law dated June 14, 2005;

Pursuant to the Law on Railway dated June 14, 2005;

Pursuant to the Decree No. 14/2015/ND-CP detailing on a number of articles of the Law on railway dated February 13, 2015 by the Government;

Pursuant to the Decree No. 107/2012/ND-CP regulating on functions, responsibilities, powers and organizational structure of the Department of Transport dated December 20, 2012 by the Government;

Upon the request of the Director of the Department of Vietnam Railways

The Minister of Transport issues this Circular providing regulations on passenger and luggage transport by urban railways.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular provides regulations on transport of passengers and luggage on urban railway.

Article. Subject of application

This Circular shall be applied to organizations and individuals related to the transport of passengers and luggage by urban railways.

Article 3. Interpretation of terms

1.Urban rail companies (URC) are state-owned URC that directly operate the urban railways system.

2.Luggage is passenger’s items and/or goods which are permitted to bring on board into the station or on the same train with its owner.

3.Train schedule is notice board that put up at train stations and coaches and used for notifying passengers of the schedule including the route and all stations on this route.

4.Passenger tickets are considered as evidences of the agreement on passenger transport, hereinafter referred to as tickets.

5.Dangerous goods are goods on the list of dangerous goods compiled by competent authorities.

Chapter II.

RIGHTS AND RESPONSIBILITIES OF ENTITIES IN URBAN RAIL SECTOR

Article 4. Rights of URC

1.Require passengers to buy valid tickets.

2.Check passengers’ luggage before bringing it into train stations or on board. Request passengers to open their luggage to check if its safety is questionable.

3.Refuse to transport:

a) Passengers that bring carry-on luggage whose quantity, weight and/or dimension exceed the limits regulated in Article 10 and Article 11 of this Circular;

b) 06-year-old children or younger, or shorter 1.15 meters in height if their age cannot determined, who travel without being accompanied by any adult;

c) Passengers are drunker, people having mental-illness, people having infectious diseases, patients who are prescribed not to move by doctors or might be placed in dangerous situation on the train (they are accompanied by their guardians or the disease-infected patients who have been isolated);

d) Passengers who offend public order, hinder URC’ business, threaten to others’ life, health and property or the train safety.

Article 5. Obligations of URC

1.Provide services in a safe, comfortable, smooth and punctual manner.

2.Announce and put up rules related to transport of passengers and luggage by mass media and signal boards placed at stations.

3.Besides manpower arrangement and installation of equipment at urban stations and on trains under the regulations of laws, URC shall:

a) Provide security guards with proper equipment which can be used for performing security tasks, check passengers and luggage to ensure the security at the station and on the train;

b) Set up and publish hotlines numbers to receive and deal with customers feedbacks on the quality of URC’s services.

c) Install warning signs or signal boards at entrances, stairs or emergency exits; equip coaches with speakers, train schedules, the map of urban rail network in both English and Vietnamese;

d) Put up and publish the list of items banned from carry-on luggage.

4.Treat passengers in civilized manner, assist the disabled, elders, children and pregnant women get on or get off the train or stations.

5.Refund fare and/or compensate for any losses or damage to passengers’ health and property at URC’s faults.

6.Regulate preservation and storage of luggage which passengers left behind at stations and/or on trains.

7.Develop and make the standards of transport services publicly available to passengers.

8.URC’ rules for passengers and luggage transport shall comply with regulations of this Circular and other relevant regulations of laws and shall be made publicly available to passenger.

9.Obey Vietnam regulations of laws and enable regulatory bodies to inspect the adherence to regulations on urban rail transport.

Article 6. Urban rail transport insurance

1.URC shall buy civil liability insurance under laws on insurance business and buy insurance for passengers (the insurance premiums are included in the fare).

2.Tickets are considered as documentary evidence claiming insurance claim (if any).

3.Provision of insurance for passenger shall comply with laws on insurance business.

Article 7. Rights of urban rail passengers

1.Receive services as per the announced standards and quality.

2.Refuse to get on the train and claim a refund of the fare in the following cases:

a) URC violate regulations on operational safety which may directly or indirectly harm passenger’s health, life or property.

b) The train is delayed for more than 05 minutes according to the train schedule without any prior notice.

3.Receive indemnity for damage due to technical errors of URC which may be harmful to passengers’ health, life or property.

Article 8. Responsibilities of urban rail passengers

1.Buy a ticket under rules of URC and keep this ticket to the station of destination; present the valid ticket and documents to URC if requested.

2.If a passenger buys a wrong ticket, this passenger shall request URC to exchange for another ticket according to is/her schedule and pay for the difference as regulated by URC.

3.b) Passengers shall comply with regulations and rules of URC, instructions in stations and on trains of station workers; 6-year-old children or younger, or under 1.15 meters in height if the age can not determined, shall be accompanied by adults.

Chapter III.

TRANSPORT OF PASSENGERS AND LUGGAGE

Article 9. Regulations on violations on board and at stations

1.The following cases shall be considered as breaches of regulations of laws:
Failure to adhere to regulations of laws and/or URC which directly or indirectly threatens the operational safety, use and environmental sanitation in urban railways, harassing other passengers and/or train crew; public order offences or other violations against Vietnam laws.

2.URC shall publicly put up the rules of violation activities on trains and station at noticeable places.

Article 10. Carry-on luggage onboard

1.Carry-on luggage that does not violate regulations in Article 11 of this Circular.

2.The quantity, dimension and weight of carry-on luggage permitted to bring onboard shall be regulated and put up by URC.

Article 11. Items not permitted on board

1.Dangerous goods.

2.Weapons, combat gear without valid license.

3.Unhygienic items/substances.

4.Corpses or human remains.

5.Prohibited goods.

6.Bulky items that may hinder the movement on trains and damage facilities in the coaches.

7.URC shall specify types of living animals which shall not be carried on with passengers and other regulations related to conveyances of living animals.

Article 12. Preservation and examination of carry-on luggage

1.Passengers shall be responsible for their carry-on luggage preservation.

2.URC have the right to check any carry-on luggage bringing in stations and on board which is suspected to offend the regulations in Article 10 and Article 11 of this Circular. If any carry-on luggage in contravention of regulations shall be deal with in accordance with Article 21 of this Circular.

Article 13. Restriction or suspension of transport

1.URC shall announce and put up the list of goods restricted or suspended from transport at stations.

2.In cases of restrictions or suspension of transport, URC shall specify reasons for such restrictions or suspension of transport and make the publicly available to passengers at relevant stations, and URC have rights to take one or all of the measures below:

a) Restrict the quantity of tickets sold or temporarily stop selling tickets;

b) Restrict the rail segments, train directions and quantity of passenger trains.

Chapter IV.

TICKETS

Article 14. Regulations on tickets

1.Valid tickets are tickets with all information in accordance with regulations on types of tickets issued by train URC.

2.URC shall be responsible for providing passengers with guidance and specified instructions on the use of tickets; regulations on valid tickets and invalid tickets; regulations and guidance on solutions of unexpected issues.

Article 15. Types of tickets and rail fares

Types and price of tickets are decided by People’s Committees of provinces and central-affiliated cities where urban railways are located.

Article 16. Ticketing

Tickets are sold at ticket agents (by persons or automatic ticket vending machines); time and location for selling ticket shall be decided by URC.

Article 17. Ticket return

1.Passengers have the right to return their purchased tickets, if they no longer need to use such tickets.

2.URC shall issue specific regulations on ticket return.

Article 18. Exemption or reduction of fare

URC shall grant exemption and/or reduction of fares to social policy beneficiaries traveling by trains under regulations of laws and URC (if any).

Article 19. Ticket checking

Passengers shall go through checkpoints at stations to have their ticket checked. Ticket checking shall be prescribed and conducted by URC.

Chapter V.

HANDLING OF UNEXPECTED ISSUES IN TRANSPORT OF PASSENGERS AND LUGGAGE BY URBAN RAILWAYS

Article 20. Handling of passengers without valid tickets or using invalid tickets

1.A passenger shall be treated as an offender if he/she:

a) Does not have a ticket; or

b) Use an invalid ticket.

2.URC shall regulate action against the violations in clause 1 of this Article.

Article 21. Action against passengers having prohibited items in their carry-on luggage

Where the violation is found having prohibited items in his/her carry-on luggage:

1.If the violation is found at the departure station: the passenger shall be refused to be transported by URC.

2.If the violation is found on the route:

a) If a passenger’s carry-on luggage contains dangerous goods banned carry-on luggage, URC shall refuse to keep transporting this passenger and his/her luggage and remove them from the train at the current station or the next station for further actions;

b) If a passenger’s carry-on luggage contains items that are banned from carry-on luggage but not dangerous; this passenger shall be transported to the station of destination and dealt with there.

3.In case, the passenger’s carry-on luggage contains items that are banned from carry-on luggage and such items are on the list of dangerous goods which affect the train safety, this passenger shall be dealt with in accordance with regulations in clause 1 and clause 2 of this Article and URC shall promptly inform competent authorities.

4.When receiving an order from an authority competent to confiscate the luggage, URC shall make a record on such issues and transfer the case to the representative of such authority.

5.In addition to the penalties imposed by the competent State authorities, passengers who violate against the clause 1 and clause 2 of this Article shall be required to:

a) Pay a fine for the luggage which depends on the length of transport regulated by the URC;

b) Indemnify for losses or damage caused by their violations;

c) Pay arising costs (if any).

Article 22. Train suspension due to natural disasters and force majeure events

1.Stop along its route

URC shall safely and comfortably transport passengers to the nearest station and must refund the unused portion of ticket.

2.In case, passengers get off the train due to suspended operation at intermediate stations along its route, URC shall refund the unused portion of the ticket to these passengers.

3.URC shall specify the refund of the unused portion of the ticket to passengers as regulated in clause 1 and clause 2 of this Article.

4.With regard to passengers who would like to be transported from the nearest station mentioned in clause 1 of this Article or from an intermediate station mentioned in clause 2 of this Article to another station within URC s scope of service, URC has the right to charge for such distance.

Article 23. Action against vandalism affecting train operation

Passengers who commit vandalism that affects the train operation shall be dealt with in accordance with Vietnam Laws and indemnify for losses/damages they cause...

Chapter VI.

RESPONSIBILITIES OF MANAGEMENT BODIES

Article 24. Responsibilities of Department of Vietnam Railways

1.Take charge of and cooperate with authorities and People’s Committees of provinces and central-affiliated cities in which urban railways are located to announce this Circular to relevant organizations and individuals.

2.Publish this Circular and examine the implementation of this circular of relevant organizations and individuals.

Article 25. Responsibilities of People’s Committees of provinces and central-affiliated cities where urban railways are located.

1.Manage and operate urban rail sector; promote and examine URC in the implementation of this Circular.

2.Request and propose to adjust and/or supplement regulations of this Circular during the implementation corresponding to the reality in order to improve its services and facilitate railway businesses operation.

Chapter VII.

IMPLEMENTATION PROVISIONS

Article 26. Implementation effect

This Circular takes effect on February 01, 2016.

Article 27. Implementation organization

Chief of Officer, Chief Inspector of the Ministry and Departments of Vietnam railways, heads of relevant organizations, bodies and individuals shall implement this Circular.

The Minister of Transport

Dinh La Thang