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- Enhancing understanding about civil liability for inland waterwway transport vehicles owner in Kien Giang province
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- AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100
ENHANCING UNDERSTANDING ABOUT CIVIL LIABILITY FOR INLAND
WATERWWAY TRANSPORT VEHICLES OWNER IN
KIEN GIANG PROVINCE
Vu Hong Van1, Nguyen Dang Son2
1
University of Transport and Communications
2
Tra Vinh University
Information: ABSTRACT
Received: 21/01/2019
This paper researches the status of legal regulations for owners of inland
Accepted: 01/07/2019
waterway traffic in Kien Giang province. Using field surveys, it includes
Published: 11/2019
inspection and sanction results from Marine Department inquiries focused
Keywords: on the waterway owners. On this basis, this paper proposes measures to
Civil liability, inland, raise civil liability for marine vehicles operating on the inland waterway of
waterway transport, vehicles, the province.
owners, Kien Giang, province Specifically, the reseach explores the current reality of the legal regulations
of waterway owners in Kien Giang province through actual surveys using the
marine police data. On that basis, proposal to improve civil liability issues
are offered.
1. INTRODUCTION province has a relatively fast development traffic
Kien Giang is a coastal province, located in density. Kien Giang currently manages 902,374
Vietnam’s south western Mekong Delta. It covers motorcycles, motorbikes and 21,381 cars and
an area of more than 6,348.53 km2, with 15 4,649 vehicles of various types.
districts, towns and cities and 145 communes, The inland waterway system are numerous with
wards and towns hosting a total population of many routes to the sea. The coast is 200 km long,
over 1.8 million. The economy of the province is the sea area is 63,290 km2, including 145 islands,
diversified: forestry, agriculture, aquaculture, large and small, with historical water adjacent to
fishing, industry and tourism services. This Cambodia. The whole province has 88 inland
includes 02 island district and the border with waterway routes, with a total length of 679.8 km
Cambodia. (of which: 22 routes under central management,
Kien Giang province has a quite diverse and 53 routes under local management and 13 routes
complex transportation system, including roads, from shore to island); 276 cargo terminals, 18
inland waterways, seaways and airways. The fixed-route passenger wharves, 01 passenger port,
whole province has 292km of national roads, 04 cargo ports. According to the statistics of the
727km of provincial roads, 57 km of coastal functional departments of Kien Giang province,
corridors, 636km of district roads, 638km of there are 63,000 waterway vehicles, of which
urban roads and 7,084km of rural roads. The exists 122 passenger vehicles. The rest are cargo
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and household vehicles; there are also over 12,000 2. ACTUAL SITUATION OF LAW
fishing boats. As a neighboring province of An OBSERVANCE AND UNDERSTANDING
Giang, Can Tho, Hau Giang, Ca Mau and Bac OF CIVIL LIABILITY OF INLAND
Lieu provinces, Kien Giang receives a large WATERWAY TRANSPORT VEHICLES
number of vehicles from other provinces and OWNERS
cities in the region every year. On the other hand, 2.1 What is the civil liability of inland waterway
Phu Quoc island district is a key tourist area, vehicles owners?
which is being strongly invested in, so there is a
What is the owner’s responsibility?
great demand for goods and materials as well as
the transport of tourists every year. A civil obligation is a legal relationship between
the obligee and the obligor to legally execute the
As for inland waterway transport in the province,
obligation. To this point, Clause 1, Article 351 of
in recent years, with the development on social
the Civil Code 2015 stipulates: “The obligor fails
life fields of the province in general, in which the
to perform or performs improperly the
number of tourists has rapidly increased,
obligations, so he has civil liability to the parties
waterway transport vehicles are increasing. They
with interests“. Violators are obliged to incur
operate effiently increasing the number of vehicle
adverse consequences as civil liability. If the
of transport on key waterway points on the river,
parties fulfill their obligations fully and legally,
such as: Rach Gia - Ha Tien, Rach Gia - Long
the arising legal relationship is the obligation
Xuyen, Rach Soi - Hau Giang, Ong Hien - Ta
relationship, and in case the obligation is violated,
Nien; waterway routes to islands such as: Giap
the relationship arises then the liability
Gia - Thoai Son, Nam Du and vice versa, Ha Tien
relationship.
- Phuc Quoc and vice versa. It is estimated that on
average, there are about 6,000 vehicles passing With the above explanation, it can be understood
through these important waterway routes every that civil liability is a detrimental legal
day. For river transport routes, the main vehicles consequence, applied to the subject violating civil
of transporting construction materials, goods such law to force this subject to repair the damage
as bricks, stone, sand, cement...; with regard to caused.
traffic routes to the islands, it will mainly be Who are the owners of inland waterway
tourists. In addition, there are many vehicle transport vehicles?
designed for transporting seafood and transporting
According to Clause 7, Article 3 of the 2004
construction materials to the island. Most inland
Inland Waterway Law (23/2004/QH11): “inland
waterway transport owners abide by the traffic
waterway vehicle are ships, boats and other
laws as well as show their understanding to civil
floating structures, motorized or non-motorized,
responsibilities when engaging in this area of
specializing in inland waterway operations“.
business. However, not all water vehicle owners
Therefore, owners of waterway vehicles are those
strictly abide by the traffic laws nor accept as well
who own and have the right to decide on the
as knowing all their civil responsibilities. The
above mentioned vehicle types.
research survey showed that many boats still
overload goods. Violations were made by many Responsibilities of owners of inland waterway
vehicle owners with little understanding of civil transport vehicles:
liability when participating in traffic as well as Responsibilities of owners of inland waterway
their fields of business. Therefore, the situation of vehicles specified in Article 5 of Circular
waterway traffic safety and order in the province 47/2015/TT-BGTVT stipulate the scope of
is becoming increasingly complicated. responsibilities of crew members, vehicle drivers
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and minimum safe manning levels on inland of violations, the situation of traffic order and
waterway vehicles as issued by the Minister of safety in the province has made positive changes.
Transport and as amended by Clause 2, Article 1 However, violations in the field of waterway
of Circular 04/2017/TT-BGTVT as follows: transport still occur quite frequently, especially
− Preparing a crew member directory book the situation of overloaded vehicle of transport
according to the form provided in Appendix I causing potential risks of accidents, especially in
to this Circular, equipped with a logbook of the storm seasons.
vehicle of transport of vehicles with a total Although the Ministry of Transport as well as
tonnage of 300 tons or more or a vehicle of Kien Giang province has issued many documents
transport guests with a capacity of 50 guests or and official letters stipulating that waterway
more. transport vehicles must reduce their load during
flood and storm seasons but in reality, that
− Arranging enough numbers and standards of
regulation has not been taken seriously by vehicle
crew members working on the vehicles,
owners. Therefore, throughout 2017 and the first 9
suitable to the number of working shifts in a
months of 2018, the vehicles of transport continue
day.
to violate regulations on water transport safety.
− Apart from crew members prescribed in the This is also one of the primiry causes of many
minimum safe manning limit in Article 19 of waterway traffic accidents.
this Circular, in case of necessity, vehicle
“From November 2017 to November 2018, the
owners may arrange additional crew members
province had 04 inland waterway traffic accidents
or other titles such as: nurses, telegraph,
and 01 marine accident, killing 06 people and
divers...and staff to ensure job requirements.
estimated property damage at. 468,400,000 VND.
− Regulating the scope of responsibilities of Compared to 2017, the number of traffic accidents
other titles working on vehicles not included in decreased by 02 (June 4) = 50%, the number of
the minimum safe payroll specified in this deaths increased by 02 (April 6) = 50%. Property
Circular. damage increased VND 168 million VND
− Ensuring occupational safety and labor (468/300 million VND)” (The Kien Giang
hygiene for crew members and other titles province waterway police department, 2018).
working on the transport vehicles. Comparison of the number of accidents, deaths and
2.2 Actual situation of law observance by property damage in 3 years (from November 15 of
owners of waterway vehicles this year to November 15 of the following year)
(Table 1) charts accidents reduction, however, the
Recently, thanks to synchronous deployment of
number of deaths and damages are currently on the
propagation and dissemination of the Law on
increase.
inland waterway, with the inspection and handling
Table 1. Violation of inland waterway transport in Kien Giang province for 03 years
Numerical
Content 2016 2017 2018 Compare
order
Number of
1 05 06 04 Reduction
accidents
2 Number of deaths 03 04 06 Increase
Property damage
3 200.000.000 300.000.000 468.000.000 Increase
(million VND)
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As for the vehicles of transportation on the river disbursement of capital construction investment
routes, mainly barges carrying sand and stone, must adjust the plan many times; state
boats transporting agricultural products from other management on seaports, inland waterway
provinces; daily, there are nearly 400 small and wharves does not comply with the planning,
medium waterways vehicles moving across the administrative inspection is still slow and not
river, some even deliberately overtake other resolute.
vehicles at very close distances, easily leading to 2.3 Situation of knowledge about civil liability
collisions. In a brief period, the waterway police of inland waterway transport vehicles
patrol team discovered many overloaded vehicles owners in Kien Giang province
carrying sand, river water level flooded through
For vehicles participating in traffic in general and
the floor, sand too high and overloaded causing
waterway transport vehicles, the strict observance
obstruction of view for the pilot.
of traffic laws is an absolute must. It concerns the
For vehicles of transport on the routes to the rights and lives of individual’s rights, when an
islands, due to the important nature as well as the accident occurs. Therefore, it is extremely
understanding of the vehicle owners, violations important to fully understand the civil
are rare. However, during the rainy season, many responsibilities when participating in traffic. It is
vehicle owners do not strictly comply with notices even more important for owners of vehicles
of time and safety equipment for tourists. Some involved in water transport business.
exceed the level of transport regulations when
Most owners or operators of watercraft
transporting construction materials to the island.
participating in water transport know the danger
From the beginning of the year until now, there level of overloading, vessels as well as
have been 04 cases of water traffic accident in the compliance with regulations on vehicle standards,
province caused by overloading, as well as failure traffic safety and insurance for vehicle owners as
to comply with the regulations on safety for well as taxpayers to operate vehicles. However,
travelers when participating in traffic. In violations have continued and have tended to
particular, during the rainy season, the violation of increase.
the provisions of the law on ensuring safety and
When interviewed, many vehicle owners said that
order of waterways in general and the violation of
it was difficult for each shipment of goods, so
overloading allowances in particular increase the
they carried as much goods as possible, in order to
risk and cause of unsafe traffic on the province’s
profit more. It discovered, only administrative
waterways.
sanctions are imposed. There are a number of
In spite of the achieved results, in 2018, the vehicle owners who do not buy insurance for
transport sector of Kien Giang province still has people served on board. Even vehicles do not
some shortcomings and limitations that need to be have insurance. For some owners of business
overcome, such as: a lack of inspection and vehicles with small and odd nature, small vehicle
management guidance, poor monitoring; loads, do not participate in business registration.
implementation and fully implementing the Many owners of vehicles still operate according to
regulations in coordination with agencies, districts pre-existing river habits. When asked the
and towns. Some regulations have been question: Why do not you register your business?
implemented but the ability of people to Many media owners answered: No matter how
understand and implement is still limited. The long it is, there is no problem!
management of progress and quality of some
To further clarify the understanding of civil
transportation works has not met requirements;
liability of inland waterway transport vehicles
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owners when participating in transportation and on river routes and owners of waterway means
business in the waterway sector, the authors participating in traffic to island routes, the results
conducted a survey with two groups of subjects: are shown in the following chart:
owners of waterway vessels participating in traffic
Chart 1. Understanding the Civil Law of inland waterway transport vehicles owners on rivers
Survey results of 200 waterway transport owners and some of these only remember the 2005 Civil
participating in the traffic on rivers such as: Rach Law, but little is known of the 2015 Civil Law.
Gia - Ha Tien, Rach Gia - Long Xuyen, Rach Soi As for the survey results of vehicle owners on
- Hau Giang, Mr. Hien - Ta Nien show: vehicle routes from the mainland to the island (frequency
owners do not know clearly the Civil Law is up to 100), although their awareness and awareness of
33% (66/200 respondents), the number of people civil liability have changed, the number of vehicle
who know that is 16% (32/200 respondents), the owners understanding of civil law and their
remaining 51% (102/200 respondents) are vague responsibilities are not high. This is evidenced by
the following chart:
Chart 2. Understanding the Civil Law of inland waterway transport vehicles owners on routes to islands
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When interviewed, some vehicles owners 50,000 VND to 12,000,000 VND. In particular,
appeared to be indifferent to the violations and the act of transporting goods beyond the safety
gave many reasons to explain the violations. One water mark above 1/2 of the freeboard height of a
of the important reasons is that many vehicle vehicle, for vessels with a gross tonnage of
owners are less knowledgeable about their between 15 tons and over 1,500 tons, an
responsibilities. Typically, there are the owners additional penalty is added: custody of the
who have 3 to 5 sanctions for overloaded cargo Captain’s certificate, the driving license for 1-2
from the checkpoints of other provinces. This months (Government of Vietnam, 2015).
shows that the compliance with the laws on traffic In addition, the Decree clearly stipulates other
safety as well as the owners’ sense of civil regulations on handling of administrative
liability is not high. The owners usually use the violations as well as sanctions and other remedies.
rationale: “Knowing that overloading is illegal, However, the number of owners of inland
but because each trip lasts from 3 to 5 days, we waterway transport vehicles who answered did
have to accept overloading to make a profit, if not know up to 34% (frequency of 102/300
carrying the legal load, the profit will not be respondents), number of unknown answers was
high”. 37.7% (frequency of 113/300 respondents), the
Regarding the current acts of overloading on rest respondents only understood 28.3%
waterway vehicles, the provisions of Article 28 of (frequency of 85/300 respondents).
Decree No. 132/2015/ND-CP stipulate the In order to have a basis for offering basic
sanctioning of administrative violations in the solutions to improve civil liability for inland
field of inland waterway transport. The waterway transport vehicles owners in the
Government has stated clearly the sanctioning province, the research team conducted the survey
level of administrative violations in the field of by questionnaire, the results are as follows:
inland water transport with a fine ranging from
Table 2. Some vehicle owners’ understanding of civil liability-related issues
numerical Yes A little No
Content
order Frequency % Frequency % Frequency %
Do you think insurance
for vehicles and people
1 156 52.0 102 34.0 42 14.0
involved in water
transport is important?
Do you think it is
important to buy
2 insurance for vehicles 137 45.7 94 31.3 69 23.0
and people involved in
water transport?
Do you know of any
4 97 32.3 102 34.0 101 33.7
insurance policy?
Do you know the
5 54 18.0 122 40.7 124 41.3
premium rates?
6 Do you know the extent 78 26.0 113 37.7 109 36.3
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numerical Yes A little No
Content
order Frequency % Frequency % Frequency %
of compensation for
damages to inland
waterway vehicles?
Do you know the forms
of administrative
7 80 26.7 105 35.0 115 38.3
sanctions when vehicles
are violated?
When the consequences
of violations have to
8 52 17.3 248 82.7
overcome? (check only 2
boxes with and without)
The results of the survey showed that many province has made great progress, meeting
owners of inland waterways transport were not promptly the needs of socio-economic
aware of the regulations, as well as the penalties development of the province in the new situation,
for vehicles violating the waterway traffic law. including a significant contribution from the
Worth mentioning is that up to 82.7% (248/300 owners of inland waterway transport vehicles of
respondents) said that they did not know about province.
having to overcome the consequences when the 3.1 General solution
vehicle of transport violated and caused
Firstly, improve the role of state management in
consequences; many inland waterwway transport
the management of inland waterway transport,
vehicle owners also answered: just compensation
strengthen the state management of vehicle
is done!
quality, service quality, and traffic safety, and
Thus, it can be said that the knowledge about civil create a healthy competitive market for all
liability of inland waterway transport vehicle economic sectors participating in inland waterway
owners in Kien Giang province is relatively low. transport business.
This is an alarming issue and also poses many
Secondly, continue to perform the work of
problems for the waterway transport management
ensuring the order and safety of road and
unit in the province. In order to improve civil
waterway traffic in the province. Strengthen
liability for water transport owners in the
patrol, control and management of operation of
province, there should be many synchronous
cross-river passenger wharves, waterway transport
solutions.
vehicle from shore to island. To ensure traffic
3. PROPOSAL OF SOME BASIC order and safety, the provincial police need to
SOLUTIONS direct the competent authorities to strengthen
Although the transport system of Kien Giang inspection and supervision ... the observance of
province is diverse and complex, but with the the provisions of the law, especially the
motto of “Traffic goes ahead to paving the way”, regulations on service quality standards of inland
over the past time, with the attention of the waterway transport owners, especially for
Central Government, the Party Committee, local businesses trading in this field. Strictly handle
authorities, transport industry of Kien Giang according to law provisions on violating
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individuals and business establishments, to create and controlling along the route in charge so that
deterrence. At the same time, the competent when detecting a violation, immediately
authorities should quickly resolve complaints and determined. It is necessary to drastically enforce
denunciations about issues related to business and impose penalties for waterway vehicle
activities, passenger transport and material operating in contravention of regulations. Only in
transport, in order to ensure the fair equal, this way can it create surprise and limit the
effective in competition as well as ensure the subjectivity of the vehicles involved in traffic.
safety of life and property for people involved in The purpose is to create a habit for road users to
inland waterway transport. strictly abide by traffic safety laws. Besides, it is
Thirdly, Kien Giang province needs to have necessary to drastically stop the situation of
mechanisms and policies to encourage businesses asking begging, even negative in the process of
with capacity and conditions to participate in the handling waterway traffic violations.
business of inland waterway transport. Focus on inspecting and handling vehicles with
Department of Transport should set up a large tonnage, carrying construction materials,
professional council (can invite reputable flammable substances, passengers and tourists,
scientists) to advise the competent authorities to etc. Resolutely handle and force to overcome
review the dossier for the establishment, issuance consequences for violations which are raw causes
and revocation of operation licenses. For causing traffic accidents, overloading the
businesses involved in this sector, any unit or permissible load, exceeding the prescribed
organization doing business must have a permit number; vehicles which do not ensure technical
granted by the competent State agencies. The safety, fire and explosion prevention and safety,
competent State agencies shall be responsible for are not equipped with life-saving and shipwreck
appraising, reviewing dossiers and issuing salvage facilities and are not equipped with
operation licenses for organizations and units enough crew members; crew members, vehicle
wishing to directly conduct business and meet all drivers do not have a license, a professional
conditions, records in accordance with the law. certificate, or have but are not suitable, the vehicle
Therefore, to facilitate the development of is not registered and failing to test quality of
businesses participating in the business, it is vehicle transport .
necessary to continue to promote administrative Fourthly, proactively and promptly advise the
procedures in order to facilitate the establishment Party Committee and the Director of the
and resolution of regimes and policies for Provincial Public Security Department to develop
businesses. However, if any establishment fails to plans, programs, and direct the implementation of
comply with the provisions of law, the competent major and focused tasks, enhance responsibility in
State agency will revoke its operation license. the struggle and prevent conspiracy and anti-
For the inland waterway traffic police force, sabotage activities of hostile forces, crime
which is the core force to ensure traffic safety and prevention and handling complex issues related to
order, so the improvement of professional traffic order and safety in inland waterways in
qualifications, education of sense of Kien Giang province. Strengthening the political-
responsibility, correction of behavior and attitude ideological education for cadres and soldiers to be
in interacting with road users and water transport assured of their work, at the same time seriously
owners that is necessary. In addition to implementing the working process, office rules,
modernizing equipment, working facilities, office culture and beautiful image-building
innovating to improve the quality of patrols in the behavior of waterway police towards the people.
direction of increasing maneuverability, patrolling
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3.2 Specific solution about the inadequacies of this system, the
Firstly, for the waterway traffic police force in shortcomings of the inspection and management
Kien Giang province, it is the core force to ensure agencies ... thereby raising the awareness of law
traffic safety and order, so the improvement of observance, raising the civil liability of traffic
professional qualifications, education of sense of participants, of vehicle owners, of business
responsibility, correcting attitudes when establishments and responsibilities of State
interacting with road users and waterway management agencies in the field of inland
transport vehicles owners is a necessary job. In waterway transport.
addition to modernizing equipment, working Fourthly, strengthening the dissemination of laws
facilities, innovating to improve the quality of and regulations on navigation: through the mass
patrols in the direction of increasing media, professional groups to propagate the
maneuverability, patrolling and controlling along situation of waterway traffic safety and order,
the waterway routes in charge so as to detect enforce regulations on responsibilities of water
violations, instant settlement. It is necessary to transport owners as well as business
drastically enforce and impose penalties for establishments. Need to renovate the form and
waterway vehicle operating in contravention of content of popular propagation and education of
regulations. Only in this way can it create surprise laws on traffic order and safety, insurance
and limit the subjectivity of the vehicles involved regulations, levels and penalties such as photo
in traffic. The purpose is to create a habit for the exhibition, distribution of leaflets transmission...
vehicles participating in the traffic to strictly abide 4. CONCLUSION
by the laws on traffic safety. Besides, it is
Over the years, with the efforts of Kien Giang’s
necessary to drastically stop the situation of
departments and agencies, the observance and
asking begging, even negative in the process of
understanding of regulations of inland waterway
handling violations of waterway transport.
transport vehicles owners in the province have
Secondly, renewing the content, methods of improved. In general, transport activities on
propagation and education of the law on inland inland waterways are at a safe threshold. But with
waterway transport, the regulations on handling of the above-mentioned situation, along with the
administrative violations in the field of waterway rapid increase of inland waterway transport
transport to owners of vehicles and vehicles vehicles when the vehicles owners have certain
drivers, people in traffic know and obey. Regular knowledge when participating in transportation
or irregular activities in coordination with and business in this field, it may cause
newspaper agencies, Radio and television stations catastrophic. Under these circumstances,
of the province, district radio station, PX15 office propaganda and education for waterway transport
build reports, news...propaganda, reflect the vehicles owners to understand their
situation of safety in inland waterways transport, responsibilities is an important thing and needs to
activities of inspecting and handling be done immediately.
administrative violations of functional units and
The waterway traffic police force is actively
branches for common dissemination, education
implementing the plan to ensure traffic safety,
and prevention.
raising the civil liability of waterway transport
Thirdly, develop a plan to organize exchanges and vehicles owners with specific activities:
dialogues for vehicle owners, crew members, promoting propaganda and dissemination,
vehicle drivers ... to absorb the regulations related education on Civil Law, inland waterway traffic
to inland waterway transport and give feedback law; the necessity of insurance for vehicles
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owners and operators; guide boat people to wear Kien Giang Provincial Police, Waterway Police
life jackets, floating tools as well as necessary Department. (2017). Summary report on
skills when traveling by waterway; at the same SAFETY-Social Security Regulation 2017
time, strengthening patrol and control work on (November 16, 2016 to November 15, 2017)
waterways, resolutely handling violations. (No. 109). Kien Giang: Office of waterway
Good implementation of these requirements is police office.
also the implementation of policies to ensure Kien Giang Province Police, Waterway Police
safety for everyone, creating trust and motivation Department. (2018). Summary report on
for owners of inland waterway transport vessels, assurance of social safety and health insurance
striving to bring waterway safety issues of Kien in 2018 (from November 16, 2017 to
Giang province become a bright spot in the November 15, 2018). (No. 159). Kien Giang:
Mekong Delta. Office of waterway police office.
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