Thông tư 59/2015/TT-BGTVT

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF CIRCULAR No. 80/2014/TT-BGTVT DATED DECEMBER 30, 2014 BY THE MINISTER OF TRANSPORT PROVIDING FOR INLAND WATERWAY TRANSPORTATION OF PASSENGERS, LUGGAGE AND CONSIGNED BAGGAGE

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;

Pursuant to the Law on amendments to the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to Decree No. 110/2014/ND-CP November 20, 2014 by the Government providing for conditions for providing inland waterway transportation;

Pursuant to Decree No. 107/2012/ND-CP dated December 20, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of Director of Department of transportation and Director of Vietnam Inland Waterway Administration,

The Minister of Transport hereby promulgates the Circular amending a number of articles of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 by the Minister of Transport providing for inland waterway transportation of passengers, luggage and consigned baggage.

Article 1. Amendments to a number of articles of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 by the Minister of Transport providing for inland waterway transportation of passengers, luggage and consigned baggage

1. Article 10 is amended as follows:

“Article 10. Passenger fare exemption or discount

1. Any children under 1 year of age shall be exempt from passenger fare if he/she shares the seat with his/her traveling companion. Children’s birth certificate must be presented to enjoy such exemption.

2. Any old people shall receive at least 15% discount on the fare. Old people must present their ID cards or other lawful documents proving that they are old to be eligible for fare discount.

3. Extremely serious disabled people and serious disable people shall receive at least 25% discount on the fare. Such people must present the certificate of disability to be eligible for fare discount.

4. Apart from entities specified in clauses 1, 2 and 3 of this Article, any organizations/individuals providing inland waterway transportation of goods, passengers, luggage, consigned baggage shall regulate the passenger fare exemption and discount according to law provisions.”.

2. Clause 1 Article 19 is amended as follows:

“1. If the checked or consigned baggage is damaged or lost due to faults of the transportation provider, then the transportation provider must pay the compensation as follows:

a) According to the predetermined value in case the checked or consigned baggage has declared its value; in case the transportation provider has proved that the actual damaged value is less than the declared value, the actual damaged value shall be the basis for calculating the compensation;

b) According to the amount agreed by the two parties;

c) According to the market price of such goods defined at the payment date and destination location; in case there is no market price applied to such goods, the average price of goods of the same kind in the baggage claim area shall serve as the basis for calculating the compensation;  

d) In case goods value is not declared as abovementioned provisions, the following regulations shall be applied: regarding checked baggage with compensation amount shall not exceed VND 20,000 per 01 kg damaged or lost checked baggage; regarding consigned baggage, the compensation amount shall not exceed VND 20,000 per 01 kg consigned baggage that is damaged or lost; and VND 7,000,000 per damaged or lost bag or parcel.”.

3. Article 8 is annulled.

Article 2. Effect

This Circular comes into effect from January 01, 2016.

Article 3. Organization of implementation

The Chief of the Ministry Office, Chief Inspector of the Ministry Office, Director of Vietnam Inland Waterway Administration, Director of Vietnam Register, Director of Vietnam Maritime Administration, Directors of Services of Transport, Heads of agencies, organizations and individuals that are relevant are responsible for implementing this Circular./.