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  1. 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 91
  2. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 92
  3. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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) 93
  4. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 94
  5. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 95
  6. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 96
  7. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 97
  8. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 98
  9. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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 99
  10. AGU International Journal of Sciences – 2019, Vol. 7 (2), 91 – 100 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. REFERENCES National Assembly of the Socialist Republic of The Government of the Socialist Republic of Vietnam. (2004). Inland waterway transport Vietnam. (2015). Decree on penalties for law. Hanoi: National Political Publishing administrative violations against regulations House. on inland water transport (No. 132) Hanoi: National Assembly of the Socialist Republic of Government office. Vietnam. (2014). Law amending and Kien Giang Provincial Police, Waterway Police supplementing a number of articles of the Law Department. (2016). Summary report on on inland waterway transport. Hanoi: National Police work in 2016 (From November 15, Political Publishing House. 2015 - November 16, 2016) (No. 93). Kien National Assembly of the Socialist Republic of Giang: Office of waterway police office. Vietnam. (2015). Civil law. Hanoi: National Political Publishing House. 100
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