Can enterprises decide rail transport freight by themselves in Vietnam?
Can enterprises decide rail transport freight by themselves in Vietnam? Do cargo transport contracts by rail transport have to be made in writing in Vietnam?
My business has a plan to invest in business and rail transport enterprise, we have some questions as above, please advise.
1. Can enterprises decide rail transport freight by themselves in Vietnam?
Pursuant to Article 56 of the Railway Law 2017 stipulates rail transport freight as follows:
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 the People’s Committee of province; the freight for transport of passengers, luggage and cargoes on dedicated railways shall be decided by the dedicated railway enterprise.
2. The freight must be publicly posted at railway station and published through the media or 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.
Thus, the freight for transport of passengers, luggage and cargoes on national railways shall be decided by the rail transport enterprise and cargoes on urban railways and cargoes on dedicated railways in Vietnam.
2. Do cargo transport contracts by rail transport have to be made in writing in Vietnam?
Pursuant to Clause 1, Article 55 of the Railway Law 2017, cargo transport contract is as follows:
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 determines rights and obligations between parties and shall be made in writing or in other forms agreed upon by the two parties.
According to this Article, the form of a cargo transport contract by rail shall be made in writing or in other forms agreed upon by the two parties in Vietnam.
Best Regards!
