TRANSPORT LOGISTICS 2016 EN – MP Law Firm https://mplaw.vn/en - Công ty luật hợp danh MP Wed, 05 Aug 2020 08:54:18 +0000 en-US hourly 1 https://wordpress.org/?v=5.4.16 Circula No. 50/2016/TT-BGTVT of December 30, 2016, on the procedure for licensing foreign sea-going vessels to provide domestic marine transport service https://mplaw.vn/en/circula-no-502016tt-bgtvt-of-december-30-2016-on-the-procedure-for-licensing-foreign-sea-going-vessels-to-provide-domestic-marine-transport-service/ Fri, 30 Dec 2016 16:25:44 +0000 http://law.imm.fund/?p=2675 MINISTRY OF TRANSPORT ——– SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————- No. 50/2016/TT-BGTVT Hanoi, December 30, 2016 CIRCULAR ON THE PROCEDURE FOR LICENSING FOREIGN SEA-GOING VESSELS TO PROVIDE DOMESTIC MARINE TRANSPORT SERVICE Pursuant to the 2015’s Vietnam Maritime Code; Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the […]

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MINISTRY OF TRANSPORT
——–
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————-
No. 50/2016/TT-BGTVT Hanoi, December 30, 2016

CIRCULAR

ON THE PROCEDURE FOR LICENSING FOREIGN SEA-GOING VESSELS TO PROVIDE DOMESTIC MARINE TRANSPORT SERVICE

Pursuant to the 2015’s Vietnam Maritime Code;
Pursuant to the Government’s Decree No. 107/2012/ND-CP dated December 20, 2012 on the functions, missions, authority and organizational structure of the Ministry of Transport;
At the request of the Head of Department of Transport and the Head of Vietnam Maritime Administration,
Minister of Transport promulgates the Circular on the procedure for licensing foreign sea-going vessels to provide domestic marine transport service.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular defines the procedure for granting a license of domestic marine transport.
Article 2. Regulated entities
This Circular applies to Vietnamese and foreign organizations and individuals in connection with the foreign sea-going vessels that provide domestic marine transport service.
Article 3. Terminology

  1. Foreign sea-going vessel means a registered maritime ship that sails under the flag of a foreign nation.
  2. Domestic maritime transport refers the transference of cargo, passengers and luggage by sea from a site of embarkation to a site of disembarkation in the territorial waters of Vietnam.

Article 4. Authority to grant a license of domestic maritime transport

  1. Minister of Transport shall grant licenses of domestic maritime transport in the following events:
  2. a) Transportation of oversize loads or other types of cargo on specialized sea-going vessels; clearance of cargo, passengers and luggage in congestion at a port due to Vietnamese sea-going vessels’ incapacity to provide transport;
  3. b) Prevention of and recovery from natural disasters and epidemic, or humanitarian emergency aid.
  4. Directors of the port authorities shall license a foreign sea-going vessel, which is a cruise ship, to transport its passengers and luggage ashore domestically at sea or vice versa via its conveyances.

Article 5. Term of a license of domestic maritime transport

  1. A license of domestic maritime transport shall be valid for 01 (one) year in the following circumstances:
  2. a) The licensed sea-going vessel is of use to 01 (one) product manufacturer;
  3. b) The licensed vessel is not present in any Vietnamese fleets.
  4. A license of domestic maritime transport granted to a sea-going vessel beyond those defined in Section 1 of this Article shall be valid 06 (six) months.
  5. The term of a license of domestic maritime transport for a foreign sea-going vessel can be set as requested by the applicant; however, its term shall not exceed 01 (one) year in the circumstances defined in Section 1 of this Article or six (06) months pursuant to Section 2 of this Article.
  6. A license of domestic maritime transport for a sea-going vessel that carries passengers and luggage ashore from a cruise ship and vice versa shall be valid per trip.

Chapter II
PROCEDURE FOR GRANTING AND REVOKING THE LICENSE OF DOMESTIC MARITIME TRANSPORT FOR FOREIGN SEA-GOING VESSELS
Part 1. TRANSPORT OF OVERSIZE LOADS OR OTHER TYPES OF CARGO ON SPECIALIZED SEA-GOING VESSELS; CLEARANCE OF CARGO, PASSENGERS AND LUGGAGE IN CONGESTION AT A PORT
Article 6. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

  1. The application form as defined in Appendix I to this Circular.
  2. One (01) copy of the certificate of sea-going vessel registration.
  3. One (01) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.
  4. One (01) notarized copy of the agency contract or one (01) certified copy of the written designation of the agency that represents the owner of the foreign vessel (if the applicant is the agency representing the owner of the foreign vessel) or one (01) notarized copy of the vessel lease contract between the owner of the foreign vessel and the Vietnamese legal entity.

Article 7. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

  1. The owner of the foreign vessel or the agency representing such owner or the Vietnamese legal entity renting the foreign vessel from the owner shall submit 01 (one) application defined in Article 6 of this Circular to Vietnam Maritime Administration by hand, by post or by another appropriate method.
  2. Vietnam Maritime Administration shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). Vietnam Maritime Administration shall send a notification regarding the amendments to an incomplete application sent by post in 02 (two) working days upon its receipt of such application.
  3. In 07 (seven) working days upon receiving a complete application, Vietnam Maritime Administration shall verify the documents, post information on the website of Vietnam Maritime Administration for public opinions and make a verification report to the Ministry of Transport for finalization.
  4. In 03 (three) working days upon receiving the verification report from Vietnam Maritime Administration, the Ministry of Transport shall consider and approve the granting of the license of domestic maritime transport, whose format is defined in Appendix II to this Circular. If rejecting the application, Ministry of Transport shall revert in writing and specify reasons.
  5. Ministry of Transport shall notify the result to the vessel owner or its agency by post or by an appropriate method. In addition, the copies of the notification shall be sent to the Ministry of Public Security, Ministry of National Defense, Ministry of Finance and Vietnam Maritime Administration for cooperation in management and supervision.

Part 2. PREVENTION OF AND RECOVERY FROM NATURAL DISASTERS AND EPIDEMIC, OR HUMANITARIAN EMERGENCY AID
Article 8. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

  1. The official written request from a competent government authority for the foreign vessel’s provision of domestic maritime transport.
  2. One (01) copy of the certificate of sea-going vessel registration.
  3. One (01) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.

Article 9. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

  1. The owner of the foreign vessel or the agency representing such owner shall submit 01 (one) application defined in Article 8 of this Circular to Vietnam Maritime Administration by hand, by post or by another appropriate method.
  2. Vietnam Maritime Administration shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). Vietnam Maritime Administration shall send a notification regarding the amendments to an incomplete application sent by post in 01 (one) working day upon its receipt of such application.
  3. In 02 (two) working days upon receiving the complete application, Vietnam Maritime Administration shall verify the documents and make a verification report to the Ministry of Transport for final decision.
  4. In 01 (one) working day upon receiving the verification report from Vietnam Maritime Administration, the Ministry of Transport shall consider and approve the granting of the license of domestic maritime transport, whose format is defined in Appendix II to this Circular. If rejecting the application, Ministry of Transport shall revert in writing and specify reasons.
  5. Ministry of Transport shall notify the result to the vessel owner or its agency by post or by an appropriate method. In addition, the copies of the notification shall be sent to the Ministry of Public Security, Ministry of National Defense, Ministry of Finance and Vietnam Maritime Administration for cooperation in management and supervision.

Part 3. TRANSPORT OF PASSENGERS AND LUGGAGE FROM CRUISE SHIP TO LAND
Article 10. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:

  1. The application form as defined in Appendix I to this Circular.
  2. One (01) copy of the certificate of sea-going vessel registration.

3.1. One (1) set of sea-going vessel inspection documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in the Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport on the certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals and mobile platforms in Vietnam.

  1. One (01) notarized copy of the agency contract or one (01) certified copy of the written designation of the agency that represents the owner of the foreign vessel (if the applicant is the agency representing the owner of the foreign vessel).
  2. The detailed plan for transporting passengers and luggage from the cruise ship to land and vice versa.

Article 11. Procedure for intake and processing of an application and for granting of a license of domestic maritime transport

  1. The owner of the foreign vessel or the agency representing such owner shall submit 01 (one) application defined in Article 10 of this Circular to the port authority in charge of the area where the cruise ship anchors by hand, by post or by another appropriate method.
  2. The port authority shall take in and examine the application. The functionary taking in an application lodged by hand shall examine the documents and notify the applicant of the amendments (if required). The port authority shall send a notification regarding the amendments to an incomplete application sent by post in 01 (one) working day upon its receipt of such application.
  3. In 01 (one) working day upon receiving the complete application, the port authority shall verify documents and grant the license of domestic maritime transport as defined in Appendix III to this Circular. If rejecting the application, the port authority shall revert in writing and specify reasons.
  4. The port authority shall send the result notification to the vessel owner or its agency by hand, by post or by another appropriate method. In addition, a copy of the notification shall be sent to Vietnam Maritime Administration for purpose of reporting.

Part 4. REVOCATION OF A LICENSE OF DOMESTIC MARITIME TRANSPORT
Article 12. Circumstances in which a license of domestic maritime transport is revoked
The revocation of a license of domestic maritime transport occurs in the following circumstances:

  1. The sea-going vessel no longer qualifies for transporting cargo, passengers and luggage as per the laws.
  2. The cargo, passengers and luggage transported are contrary to those defined in the license of domestic maritime transport.
  3. The information on the vessel, transport route, cargo, passengers and luggage is forged, is altered or is made deliberately misleading.

Article 13. The entities revoking the licenses of domestic maritime transport

  1. Minister of Transport shall revoke the licenses of domestic maritime transport as prescribed in Section 1, Article 4 of this Circular.
  2. Directors of the port authorities shall revoke the licenses of domestic maritime transport as prescribed in Section 2, Article 4 of this Circular.

Chapter III
IMPLEMENTATION
Article 14. Responsibilities of relevant bodies and individuals

  1. The organizations and individuals who have foreign sea-going vessels providing domestic maritime transport service shall be responsible for:
  2. a) Providing domestic maritime transport service according to the license of domestic maritime transport;
  3. b) Storing the license of domestic maritime transport on the sea-going vessel to present it to a port authority and relevant bodies at a port during the formalities or upon the vessel’s departure from the port;
  4. c) Abiding by the prohibition against fraudulent alteration of the content of the license of domestic maritime transport;
  5. d) Abiding by the prohibition against the use of a false license of domestic maritime transport;
  6. dd) Abiding by the prohibition against other fraudulent acts to obtain a license of domestic maritime transport.
  7. Vietnam Maritime Administration shall be responsible for:
  8. a) Taking in and processing applications pursuant to this Circular and assume liability for relevant information when verifying applications;
  9. b) Inspecting and verifying information to grant licenses of domestic maritime transport as per regulations;
  10. c) Instructing the port authorities to inspect, supervise and detect the violations regarding foreign sea-going vessels providing domestic maritime transport service in timely manner;
  11. d) Making and posting the list of foreign vessels providing domestic transport service on the website of Vietnam Maritime Administration on monthly basis;
  12. dd) Acting as the lead contact for reports on foreign vessels providing domestic transport service. Handling the violations of this Circular and the legislation of Vietnam intra vires or report them to competent authorities;
  13. e) Aggregating statistical data on cargo, passengers and luggage transported by sea and on the licensing of foreign sea-going vessels to provide domestic transport service; making reports to the Ministry of Transport before the 25th of December each year.
  14. Port authorities shall be responsible for:
  15. a) Granting licenses of domestic maritime transport to foreign sea-going vessels that carry passengers and luggage ashore from a cruise ship and vice versa via the ship’s intermediary vehicles;
  16. b) Inspecting, supervising and detecting the violations regarding foreign vessels’ activities of domestic maritime transport in timely manner.

Article 15. Effect

  1. This Circular comes into force as of July 01, 2017 and replaces the Circular No. 04/2012/TT-BGTVT dated February 29, 2012 by the Minister of Transport on the procedure for licensing foreign sea-going vessels to provide domestic transport service.
  2. If the documents mentioned in this Circular are amended, such amendments shall take effect.

Article 16. Implementation

  1. Vietnam Maritime Administration and port authorities shall be responsible for implementing this Circular.
  2. Chief of Office of the Ministry, Chief inspector of the Ministry, heads of the departments, Head of Vietnam Maritime Administration, heads of the bodies, organizations and individuals concerned shall be responsible for implementing this Circular./.

 

MINISTER
Truong Quang Nghia

 
 
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Decree No. 160/2016/ND-CP of November 29, 2016, on conditions for sea transportation business, shipping agency services, and towage services https://mplaw.vn/en/decree-no-1602016nd-cp-of-november-29-2016-on-conditions-for-sea-transportation-business-shipping-agency-services-and-towage-services/ Tue, 29 Nov 2016 16:38:12 +0000 http://law.imm.fund/?p=2688 THE GOVERNMENT ——– SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ———– No. 160/2016/ND-CP Hanoi, November 29, 2016 DECREE ON CONDITIONS FOR SEA TRANSPORTATION BUSINESS, SHIPPING AGENCY SERVICES, AND TOWAGE SERVICES Pursuant to the Law on Organization of the Government dated June 19, 2015; Pursuant to the Maritime Code of Vietnam dated November 25, […]

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THE GOVERNMENT
——–
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
———–
No. 160/2016/ND-CP Hanoi, November 29, 2016

DECREE

ON CONDITIONS FOR SEA TRANSPORTATION BUSINESS, SHIPPING AGENCY SERVICES, AND TOWAGE SERVICES

Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Law on Enterprises dated November 26, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Commerce dated November 20, 2012;
Pursuant to the Law on Commerce dated June 14, 2005;
At the proposal of the Minister of Transport;
The Government promulgates a Decree on conditions for sea transportation business, shipping agency services, and towage services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree deals with conditions for sea transportation business, shipping agency services, and towage services.
Article 2. Regulated entities
This Decree applies to Vietnamese organizations and individuals involved in sea transportation business and shipping agency services, and towage services in Vietnam.
Article 3. Interpretation of terms
For the purposes of this Decree, the terms below are construed as follows:

  1. Sea transportation business is an activity of carrying goods, passengers, and baggage using seagoing vessels.
  2. International shipping is an activity of carrying goods, passengers, luggage by seagoing vessels between seaports of Vietnam and seaports of foreign countries or between seaports of foreign countries.

Chapter II
CONDITIONS FOR SEA TRANSPORTATION BUSINESS
Article 4. Conditions for sea transportation business

  1. Enterprises engaged in sea transportation business shall be established in accordance to legal provisions on enterprises and cooperatives engaged in sea transportation business shall be established in accordance with legal provisions on cooperatives (hereinafter referred to as enterprises).
  2. An enterprise shall be issued with a certificate of eligibility for sea transportation business if it satisfies requirements prescribed in Article 5 or 6 of this Decree.

Article 5. Requirements pertaining to enterprises engaging in international sea transportation business

  1. Regarding organizational structure
  2. a) Having a department in charge of safety in accordance with the International Safety Management Code (ISM Code);
  3. b) Having a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code);
  4. c) Having a department in charge of sea transportation business and operation;
  5. d) Having a department in charge of legal affairs.
  6. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion.
  7. Regarding watercraft: At least 01 seagoing vessel is required; any seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport.
  8. Regarding personnel
  9. a) Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport;
  10. b) Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
  11. c) Any person in charge of legal affairs must obtain at least a college’s degree in law speciality;
  12. d) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 6. Requirements pertaining to enterprises engaging in inland sea transportation business

  1. Regarding organizational structure: Having a department in charge of shipping business and operation.
  2. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million.
  3. Regarding watercraft: At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.
  4. Regarding personnel
  5. a) Any person in charge of management of shipping business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
  6. b) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer working on a seagoing vessel must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 7. Requirements pertaining to foreign organizations engaging in inland transportation using watercraft flying Vietnamese national ensigns

  1. A foreign organization engaging in inland transportation using watercraft flying Vietnamese national ensigns must establish a joint venture as prescribed, in which foreign investors’ capital holding do not exceed 49% of the joint venture’s charter capital.
  2. Foreign seafarers are permitted to work on seagoing vessels flying Vietnamese national ensigns or seagoing vessels registered in Vietnam under ownership of joint ventures in Vietnam provided that total foreign seafarers do not exceed one third of the manning levels for seagoing vessels; ship master or first mate of such seagoing vessel must be a Vietnamese citizen.
  3. Having a certificate of eligibility for sea transportation business in accordance with this Decree.

Article 8. Procedures for granting certificate of eligibility for sea transportation business

  1. An application for granting a certificate of eligibility for sea transportation business will comprise:
  2. a) An application form for certificate of eligibility for sea transportation business using Form No. 01 in Appendix issued together with. 01 copy;
  3. b) List of positions enclosed with extracted profiles in which present clearly relevant degrees or certificates of positions as prescribed at Clause 1 Article 5 and Clause 1 Article 6 of this Decree: 01 photocopy granted from master register or 01 photocopy authenticated from the original or 01 photocopy enclosed with the original for collation,
  4. c) A guarantee granted by a credit institution or a branch of foreign bank prescribed in Clause 2 Article 5 or Clause 2 Article 6 of this Decree: 01 original;
  5. d) A certificate of seagoing vessel registration: 01 photocopy enclosed with the original for collation.
  6. Any applicant for granting a certificate of eligibility for sea transportation business shall send an application to Vietnam Maritime Administration directly, by post, or any of other appropriate methods.
  7. Vietnam Maritime Administration shall receive the application. In case of ineligible application, within 02 working days from the date of receipt, Vietnam Maritime Administration shall instruct the applicant to complete the application in writing as prescribed in this Decree; in case of eligible application, a receipt record shall be issued to the applicant.
  8. Within 05 working days from the date on which an eligible application is received, Vietnam Maritime Administration will verify the application, issue a certificate of eligibility for sea transportation business and send a notice of results directly or by post; if the application is rejected, Vietnam Maritime Administration shall provide explanation in writing.
  9. A certificate of eligibility for sea transportation business shall be granted using Form No. 02 in Appendix issued together with.

Article 9. Re-granting certificate of eligibility for sea transportation business

  1. A certificate of eligibility for sea shipping business will be re-granted in cases as follows:
  2. a) The certificate of eligibility for sea transportation business is lost, torn or damaged;
  3. b) Any of contents specified in the certificate of eligibility for sea transportation business changes.
  4. Procedures for re-granting
  5. a) In a case where a certificate of eligibility for sea transportation business is lost, torn or damaged:

The applicant shall send an application for re-granting certificate using Form No. 01 in Appendix issued herewith to Vietnam Maritime Administration. Vietnam Maritime Administration shall, according to its records, re-grant a certificate of eligibility for sea transportation business to the applicant.

  1. b) In a case where any of contents in the certificate changes:

The applicant shall send an application for re-granting certificate using Form No. 01 in Appendix issued herewith and relevant documents to Vietnam Maritime Administration. Vietnam Maritime Administration shall follow procedure for re-granting similarly to that for granting of a new certificate of eligibility for sea transportation business in accordance with Clause 3, 4 Article 8 of this Decree.

  1. The applicant shall be responsible for the accuracy and truthfulness of the information in relation with the application for re-granting the certificate of eligibility for sea transportation business.
  2. The certificate of eligibility for sea transportation business that has been re-granted shall specify the reasons for cancellation of the old certificate.

Article 10. Revocation of certificate of eligibility for sea transportation business

  1. A certificate of eligibility for sea transportation business will be revoked in cases as follows:
  2. a) The enterprise has violated conditions for sea transportation business to the extent that its certificate must be revoked as prescribed in regulations of law on handling of administrative violations against regulations on maritime;
  3. b) At the request of competent authorities.
  4. Vietnam Maritime Administration shall issue a decision on such revocation and notify relevant state agencies and publicize information of the enterprise whose Certificate is revoked on the website of Vietnam Maritime Administration.

Chapter III
CONDITIONS FOR SHIPPING AGENCY SERVICES
Article 11. Conditions for shipping agency services
Any enterprise providing shipping agency services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides shipping agency services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital.
Article 12. Conditions for organizational structure and personnel

  1. Any person in charge of business and operation of shipping agency services must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties.
  2. Any person in charge of legal affairs must obtain at least a college’s degree in law speciality.
  3. Any staff member of a shipping agency must be a Vietnamese citizen, granted with a professional certificate of shipping agencies as prescribed by the Minister of Transport.

Chapter IV
CONDITIONS FOR TOWAGE SERVICES
Article 13. Conditions for towage services

  1. Any enterprise providing towage services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides towage services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital.
  2. At least 01 tugboat is required; such tugboat must be a Vietnamese watercraft and satisfy technical standards prescribed by the Minister of Transport.

Article 14. Conditions for organizational structure and personnel

  1. Any person in charge of business and operation of towage services must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties.
  2. Any person in charge of legal affairs must obtain at least a college’s degree in law speciality.
  3. d) Any seafarer working on a seagoing vessel must satisfies all requirements pertaining to specialities, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer working on a tugboat must satisfy all requirements pertaining to speciality, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.

Article 15. Conditions for foreign organizations using seagoing vessels flying foreign national ensigns for the purpose of providing towage services in Vietnam

  1. A foreign organization is permitted to use seagoing vessels flying foreign national ensigns for the purpose of providing towage services in Vietnam solely for the ground that its tugboats flying Vietnamese national ensigns fail to satisfy the prescribed requirements. Annually, the Ministry of Transport shall provide a notice of capacity of fleet of tugboats flying Vietnamese national ensigns.
  2. Any tugboat flying foreign national ensign must satisfy requirements prescribed in law on maritime safety, security, and environment protection.
  3. Any seafarer working on a tugboat must obtain a professional certificate as prescribed.
  4. The foreign organization must have a towage contract concluded with a charterer of Vietnam.
  5. The foreign organization must have a branch or a representative office or a towing enterprise of Vietnam towing company authorized in Vietnam.

Chapter V
IMPLEMENTATION
Article 16. Responsibilities of the Ministry of Transport

  1. Provide guidelines and implement this Decree.
  2. Inspect the compliance with this Decree.

Article 17. Responsibilities of enterprises

  1. Initiate operation in conformity with purposes and contents specified in the certificate granted by the competent authority.
  2. Maintain conditions prescribed in this Decree.
  3. Provide information about its own progress of sea transportation business, shipping agency services, and towage services upon request of competent authorities.

Article 18. Transitional provisions

  1. Any enterprise that is granted with a license of sea transportation business before the effective date of this Decree shall keep operating for the remaining period of the license; upon expiry of the license, it must apply for a certificate of eligibility for sea transportation business in accordance with this Decree.
  2. Any enterprise engaging in sea transportation business, before the effective date of this Decree that has been not granted with a sea transportation business license, all conditions for granting a certificate of eligibility for sea transportation business, no later than July 1, 2019 must be satisfied in accordance with this Decree.
  3. Enterprises engaging in shipping agency services, towage services that are established before the effective date shall keep operating; from July 1, 2019, those enterprises must satisfy all conditions for shipping agency services, towage services in accordance with this Decree.

Article 19. Entry into force

  1. This Decree comes into force from July 1, 2017.
  2. Decree No. 30/2014/ND-CP dated April 14, 2014 of the Government on conditions for sea transportation business and sea support services.
  3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations and individuals will be responsible for implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc

 
 
 
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