Chapter VI
RAILWAY BUSINESS
Section 1. RAILWAY BUSINESS ACTIVITIES
Article 49. Railway business activities
1. Railway business includes railway infrastructure business, rail transport business and urban railway business.
2. Railway business is a conditional business line.
3. The Government shall elaborate Clause 2 of this Article.
Section 2. RAILWAY INFRASTRUCTURE BUSINESS
Article 50. Railway infrastructure business
1. The state-invested railway infrastructure shall be assigned, leased out or transferred for a limited period of time to enterprises for operation in accordance with regulations.
2. Any organization or individual that uses the state-invested railway infrastructure or other organizations or individuals for business shall pay for use of railway infrastructure.
Article 51. Rights and obligations of railway infrastructure enterprises
1. A railway infrastructure enterprise has the following rights:
a) Use and operate railway infrastructure as prescribed;
b) Request organizations and individuals related to railway infrastructure to comply with technical standards and regulations on railway infrastructure;
c) Determine and propose rents for state-invested railway infrastructure the scope of allocation, lease or transfer;
d) Suspend train operation when the railway infrastructure is found threatening train operation safety and be responsible to law for their decision;
dd) Receive compensation in case the damage to railway infrastructure is caused by the rail transport enterprise or another organization or individual;
e) Receive assistance from the State as prescribed in Clause 1, Article 68 of this Law;
g) Other rights prescribed by law.
2. A railway infrastructure enterprise has the following obligations:
a) Manage and use railway infrastructure assets as prescribed by law;
b) Maintain the declared technical conditions and quality of the railway infrastructure to ensure safe and continuous rail transport;
c) Create and publish the maximum speed order, maximum load order and timetable applied to trains running on lines and sections to provide a basis for train operation;
d) Control rail transport on national and urban railways when assigned by the State. Provide railway authorities and customers with information about provision of rail transport control services and capacity of railway infrastructure upon request;
dd) Promptly report threats to train operation safety and suspension of train operation to the traffic controllers at two ends of the block where the threat is found, rail transport operators, or customers using railway infrastructure;
e) Undertake national defense and security missions and carry out special train operation order at the request of a competent authority;
g) The operating enterprise is liable for any damage it causes to the railway infrastructure asset that is assigned, leased out or transferred by the State;
h) Pay for use of railway infrastructure as prescribed;
i) Other obligations prescribed by law.
Section 3. RAIL TRANSPORT BUSINESS
Article 52. Rail transport business
1. Rail transport business includes passenger, luggage and cargo transport services.
2. The Minister of Transport shall specify the transport of passengers, luggage and cargoes on the national railway and specialized railway that is connected to the national railway.
3. People’s Committees of provinces shall specify urban rail transport business.
Article 53. Rights and obligations of rail transport enterprises
1. A rail transport enterprise has the following rights:
a) Be provided with technical and economic information, and rail transport control services related to the capacity of railway infrastructure;
b) Use railway infrastructure and rail transport control services on the railway network for rail transport business as prescribed;
c) Suspend train operation when the railway infrastructure is found threatening train operation safety, inform the railway infrastructure enterprise and be responsible to law for their decision;
d) Receive compensation for the damage caused by railway infrastructure enterprises or other organizations and individuals;
dd) Other rights prescribed by law.
2. A rail transport enterprise has the following obligations:
a) Organize the operation of trains in line with the timetables, maximum load orders and maximum speed orders published by the railway infrastructure enterprise;
b) Give priority to provision of transport services to serve special or social security missions at the request of a competent authority;
c) Stop trains upon receipt of notification given by a railway infrastructure enterprise;
d) Pay the railway infrastructure enterprise for use of railway infrastructure and rail transport control services;
dd) Satisfy all train operation safety requirements during operation;
e) Accept the instructions from a competent authority and cooperate with railway infrastructure enterprises in preventing and responding to railway accidents and damage caused by natural disasters in accordance with regulations of law;
g) Provide compensation as prescribed by law;
h) Provide information about transport demands, capacity of vehicles and transport equipment for railway infrastructure enterprises to serve the establishment and distribution of timetable and provide a basis for formulation of the plan for investment in upgradation and maintenance of railway infrastructure;
i) Other obligations prescribed by law.
Article 54. Passenger and luggage transport contract
1. Passenger and luggage transport contract is the agreement between the rail transport enterprise and passenger on transport of passengers and luggage, whereby the rail transport enterprise shall transport passengers and luggage from the place of departure to the place of destination. The passenger and cargo transport contract shall specify the rights and obligations of the parties and be made in writing or in other forms agreed upon by the two parties.
2. A passenger ticket is the evidence of the conclusion of passenger transport contract. The ticket shall be issued by the passenger transport enterprise as prescribed by law.
Article 55. Cargo transport contract
1. Cargo transport contract is the agreement between the rail transport enterprise and the consignor on transport of passengers and luggages, whereby the rail transport enterprise shall transport cargoes from the place of departure to the place of destination and transfer cargoes to the consignee specified in the contract. The cargo transport contract shall define the rights and obligations of parties and shall be made in writing or in any other form agreed upon by the two parties.
2. The consignment invoice is part of the transport contract and issued by the rail transport enterprise as prescribed by law. The rail transport enterprise shall issue an invoice to the consignor after the cargoes are received from the consignor; the invoice shall bear signature of the consignor or the person authorized by the consignor. The consignment invoice is a documentary evidence of cargo delivery between the rail transport enterprise and consignor and is an evidence for settlement of disputes.
3. The consignment invoice must specify types of cargoes; signs and codes of cargoes; volume and weight of cargoes; place of delivery, place of receipt, name and address of consignors, name and address of consignees; freight and expenses incurred; other details inscribed in the invoices under the agreement between the rail transport enterprise and consignor; certification by the rail transport enterprise of condition of the transported cargoes.
Article 56. Rail transport freight
1. The freight for transport of passengers, luggage and cargoes on national railways shall be decided by the rail transport enterprise; the freight for transport of passengers, luggage and cargoes on urban railways shall be decided by People’s Committees of provinces; the freight for transport of passengers, luggage and cargoes on specialized railways shall be decided by specialized railway enterprise.
2. The freight must be publicly posted at railway station and published through the media or on the website of the rail transport enterprise before it is applied.
3. The freight for transport of oversized and overweight cargoes shall be agreed upon by the rail transport enterprise and consignor.
4. The Government shall specify the exemption from and reduction in the freight for transport of passengers who are social policy beneficiaries.
Article 57. International transport
1. International transport is the transport from Vietnam to foreign countries, from foreign countries to Vietnam or transit through Vietnam to proceed to a third country by rail.
2. International rail transport must be compliant with regulations of the relevant relevant treaties to which the Socialist Republic of Vietnam is a signatory.
Article 58. Provision of transport services for special or social security missions
1. Provision of transport services for special missions is the transport of people, cargoes and equipment for prevention and response to an accident, epidemic, or performance of a national defense and security mission.
2. Provision of transport services for social security missions is the transport of passengers on lines and sections in service of residential community of an area of which the State needs to protect common interests and such kind of services is likely to make a loss.
3. Each rail transport enterprise shall provide transport services serving special or social security missions at the request of competent authorities and shall receive assistance as prescribed in Article 68 of this Law.
Article 59. Responsibility to buy insurance for passengers
1. The passenger transport enterprise must buy insurance for passengers; insurance premium is included in the ticket price.
2. The ticket and travel documents are the basis for payment of insurance payout upon occurrence of insured event.
3. Provision of insurance for passengers shall be compliant with regulations of the Law on Insurance Business.
Article 60. Rights and obligations of passengers
1. A passenger has the following rights:
a) Enjoy all benefits according to his/her ticket class and do not have to pay for transport of the hand luggage taken with him/her if its weight and type do not violate regulations of the rail transport enterprise;
b) Return and change his/her ticket before the train leaves and bear all expenses (if any) as prescribed by the rail transport enterprise;
c) Receive a refund, compensation for damage and expenses incurred in case of loss of life or damage to health or property inflicted by the rail transport enterprise according to regulations of law;
d) Have their lives and health insured as prescribed by law;
dd) Other rights as prescribed by law.
2. A passenger has the following obligations:
a) Carry his/her ticket and luggage ticket, and protect his/her luggage;
b) Provide compensation if causing any damage or loss of assets of the rail transport enterprise;
c) Strictly obey the train rules and other relevant regulations of law.
Article 61. Rights and obligations of consignors
1. A consignor has the following rights:
a) Change consignment contract even when cargoes have been consigned to the rail transport enterprise or cargoes have been loaded onto coaches, and bear expenses incurred due to change of transport contract;
b) Designate an alternative consignee when such cargoes are yet to be consigned to the previous consignee; change place of delivery or return the shipment, and bear all expenses incurred due to change of consignee and place of delivery;
c) Receive compensation for loss or damage of goods or late delivery caused by the rail transport enterprise according to regulations of law;
2. A consignor has the following obligations:
a) Declare his/her cargoes in a truthful manner and take responsibility for such declaration;
b) Pay freight on schedule and according to the payment method specified in the contract;
c) Handle cargoes and fulfill conditions for transport of cargoes under the guidance of the rail transport enterprise;
d) Deliver cargoes to the rail transport enterprise on schedule and at the right place;
dd) Provide documents and other necessary information about the cargoes;
e) Provide compensation for any damage caused by their untruthful declaration of cargoes to the rail transport enterprise or other damage caused due to through their fault in accordance with law.
Article 62. Transport of dangerous cargoes
1. Dangerous cargo is the cargo that may threaten people’s health and lives, and environmental safety when transported by rail.
2. The transport of dangerous cargoes by rail must be compliant with regulations of the law on transport of dangerous cargoes and environmental safety.
3. Only the railway vehicle that satisfies all technical safety requirements is allowed to transport dangerous cargoes.
4. The Government shall specify a list of dangerous cargoes and conditions for handling and transport of dangerous cargoes by rail.
Article 63. Transport of live animals
The transport of live animals by rail must be compliant with regulations of law on safety, hygiene, epidemic prevention and environmental protection.
Article 64. Transport of corpses and bones by national railway
1. Escorts are required when corpses and bones are transported by national railway.
2. Assurance of hygiene, epidemic prevention, environmental safety and sufficient documents is required as prescribed by law when corpses and bones are transported by national railway.
Article 65. Transport of oversized and overweight cargoes
1. Upon transport of oversized and overweight cargoes, the rail transport enterprise shall prepare a plan for handling, securing, transport of cargoes, assurance of train operation and railway infrastructure.
2. The Minister of Transport shall specify transport of oversized and overweight by rail.
Section 4. FINANCIAL MANAGEMENT DURING RAILWAY BUSINESS
Article 66. Fees and prices for use of railway infrastructure
1. Fees and prices for use of railway infrastructure directly serving train operation are the payments for use of railway infrastructure directly serving train operation in order for a train to run through stations, on railway lines or sections.
a) Fees for use of railway infrastructure directly serving train operation are applied to the method of allocating state-invested railway infrastructure assets.
b) Prices for use of railway infrastructure directly serving train operation are applied to the method of leasing out or transferring the limited right to use state-invested railway infrastructure.
2. Prices for use of railway infrastructure not directly serving train operation are the payments for use of railway infrastructure not directly serving train operation.
3. The Ministry of Finance shall take charge and cooperate with the Ministry of Transport in specifying fees and prices for use of state-invested railway infrastructure.
Article 67. Prices for rail transport control services
1. Prices for rail transport control services are the payments for use of rail transport control services in order for train to run through station, on railway lines or sections.
2. The power to fix the prices:
a) The Ministry of Transport shall take charge and cooperate with the Ministry of Finance in fixing the prices for provision of rail transport control services on the state-invested railway infrastructure;
b) Organizations and individuals shall decide the prices for provision of rail transport control services on the railway infrastructure in which they invested.
Article 68. Provision of assistance for railway enterprises in undertaking special or social security missions
1. The State shall cover reasonable expenses incurred by the railway enterprise that provides transport services serving special or social security missions.
2. The Government shall elaborate this Article.
Article 69. Management and use of revenue from operation of state-invested railway infrastructure assets assigned, leased out or transferred by the State
The revenue from operation of the state-invested railway infrastructure assets assigned, leased out or transferred by the State shall be managed and used in accordance with the law on management and use of public property.
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