Circular No. 04/2012/TT-BGTVT dated February 29, 2012 of the Ministry of Transport on licensing procedures for inland transport by foreign seagoing ships

THE MINISTRY OF TRANSPORT

Circular No. 04/2012/TT-BGTVT of February 29, 2012, on licensing procedures for inland transport by foreign seagoing ships

Pursuant to the 2005 Vietnam Maritime Code;

Pursuant to the Government’s Decree No. 51/2008/ND-CP of April 28, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport prescribes licensing procedures for inland transport by foreign seagoing ships as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for cases permitted for inland transport by foreign seagoing ships, procedures for licensing inland transport and responsibilities of related organizations and individuals.

Article 2. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals involved in procedures for grant and revocation of inland transport licenses.

Article 3. Interpretation of terms

1. Vietnamese seagoing ship means a ship named in the Vietnam National Register of Ships or obtaining a permit for temporarily flying the Vietnamese flag by a foreign-based Vietnamese diplomatic mission or consulate.

2. Foreign seagoing ship means a ship which flies a foreign flag.

3. Inland transport means carriage of cargo, passengers and luggage by a seagoing ship within the territorial sea or internal water of Vietnam.

4. Cargo includes machinery, equipment, materials, fuels, consumer goods and other moveables, including live animals, containers or similar tools supplied by the consignor for cargo shipment, which are transported under contracts on cargo carriage by sea.

5. Inland transport license means a license for inland transport granted by the Minister of Transport or the director of a provincial-level Maritime Administration to a foreign seagoing ship.

Article 4. Cases licensed for inland transport by foreign seagoing ships

1. The Minister of Transport shall grant an inland transport license, made according to the form provided in Appendix I to this Circular, when Vietnamese seagoing ships are incapable for domestic carriage in the following cases:

a/ Carrying extra-long and extra-heavy cargo or other kinds of cargo by special-use seagoing ships;

b/ Preventing, controlling, remedying the consequences of, natural disasters or epidemics or rendering emergency relief;

c/ Moving cargo, passengers and luggage stucked at seaports.

2. The director of a provincial-level Maritime Administration shall grant an inland transport license, made according to the form provided in Appendix II to this Circular, for foreign seagoing ships to transport inland passengers and luggage from tourist ships and vice versa when Vietnamese seagoing ships are incapable to do so.

Chapter II

LICENSING PROCEDURES FOR INLAND TRANSPORT BY FOREIGN SEAGOING SHIPS

Article 5. Dossiers of application for inland transport by foreign seagoing ships

1. For the cases specified in Clause 1, Article 4 of this Circular: The foreign shipowner or its agent shall submit 1 (one) dossier set directly or by post to Vietnam Maritime Administration. A dossier comprises:

a/ An application, made according to the form provided in Appendix III to this Circular;

b/ One copy of the seagoing ship registration certificate;

c/ One dossier set of seagoing ship register, comprising copies of technical certificates of seagoing ship safety;

d/ One notarized copy of the shipping agency contract or 1 (one) certified copy of the foreign shipowner’s written designation of its agent (in case the applicant is a foreign shipowner’s agent).

2. For the cases specified in Clause 2, Article 4 of this Circular: The foreign shipowner or its agent shall submit 1 (one) dossier set directly or by post to the provincial-level Maritime Administration of the locality of mooring of the tourist ship.

A dossier comprises the papers specified at Points a and d, Clause 1 of this Article, and a detailed plan to transport inland passengers and luggage from the tourist passenger ship and vice versa.

Article 6. Order of receiving and processing dossiers and granting inland transport licenses

1. For the cases specified in Clause 1, Article 4 of this Circular:

a/ Vietnam Maritime Administration shall receive and examine dossiers. In case a dossier is incomplete under regulations, it shall guide the applicant to complete it; if receiving the dossier by post, it shall provide written guidance within 2 (two) working days;

b/ Within 3 (three) working days after receiving a complete dossier under regulations, Vietnam Maritime Administration shall appraise the dossier, make an appraisal report under Clause 1, Article 4 of this Circular, and submit the dossier together with the report to the Ministry of Transport for consideration and decision;

c/ Within 3 (three) working days after receiving an appraisal dossier of Vietnam Maritime Administration, an assigned agency shall review it and propose the Minister of Transport to consider and grant an inland transport license. In case of refusal, it shall issue a written reply clearly stating the reason;

d/ The Ministry of Transport shall notify licensing results by post to shipowners or their agents; and make copies and send them to the Ministries of Public Security; National Defense; and Finance, and Vietnam Maritime Administration for coordinated management and monitoring.

2. For the cases specified in Clause 2, Article 4 of this Circular:

a/ Provincial-level Maritime Administrations shall receive and examine dossiers. In case a dossier is incomplete under regulations, the concerned provincial-level Maritime Administration shall guide the applicant to complete it; if receiving the dossier by post, it shall provide written guidance within 1 (one) working day.

b/ Within 3 (three) working days after receiving a complete dossier under regulations, the concerned provincial-level Maritime Administration shall appraise it and grant an inland transport license. In case of refusal, it shall issue a written reply clearly stating the reason;

c/ Provincial-level Maritime Administrations shall notify licensing results directly or by post to shipowners or their agents; make copies and send them to Vietnam Maritime Administration for reporting.

Article 7. Validity of inland transport licenses

1. An inland transport license is valid for no more than 1 (one) year, for a seagoing ship that serves a single goods production establishment or that is unavailable in Vietnam;

2. An inland transport license is valid for no more than 6 months, for seagoing ships other than that specified in Clause 1 of this Article.

3. Voyage-based validity of inland transport licenses applies to seagoing ships transporting inland passengers and luggage from tourist ships and vice versa.

Article 8. Revocation of inland transport licenses

1. An inland transport license is revoked when:

a/ The seagoing ship fails to satisfy conditions on carriage of cargo, passengers and luggage under law;

b/ The seagoing ship transports cargo, passengers and luggage improperly or not according to its inland transport license;

c/ Information on the seagoing ship, transport voyage, cargo, passengers or luggage in the license is forged, erased or deliberately falsified.

2. Inland transport license revoking authorities:

The Minister of Transport or the director of a provincial-level Maritime Administration may revoke an inland transport license in the cases specified in Clause 1 of this Article.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9. Responsibilities of related organizations and individuals

1. Responsibilities of an organization or individual with foreign seagoing ships engaged in inland transport

a/ To present the inland transport license to the concerned provincial-level Maritime Administration and related agencies at the seaport when carrying out entry and exit procedures for the seagoing ship;

b/ To conduct inland transport according to the inland transport license.

2. Responsibilities of dossier receiving and processing agencies

a/ To receive and process dossiers according to the order, procedures and time limit under this Circular;

b/ To be responsible for every related contents in the course of dossier appraisal;

c/ To summarize information and statistical data related to freights, cargo, passengers, luggage and foreign and Vietnamese seagoingships. To report to the Ministry of Transport on the 25 of March, June, September and December every year;

d/ Not to receive and process dossiers of violators of Clause 1, Article 8 of this Circular.

3. Responsibilities of Vietnam Maritime Administration

a/ To direct provincial-level Maritime Administrations in conducting examination and inspection to promptly detect violations committed by foreign seagoing ships engaged in inland transport;

b/ To make statistics monthly and post on its website the list of foreign seagoing ships  engaged in inland transport;

c/ To act as the focal point for receiving information on foreign seagoing ships engaged in inland transport. To handle in accordance with its competence or propose competent authorities to handle violations of this Circular and Vietnamese law;

d/ To annually report to the Ministry of Transport on the licensing of foreign seagoing ships for inland transport.

Article 10. Effect

1. This Circular takes effect 45 days from the date of its signing.

2. To promulgate together with this Circular the following 3 Appendices:

a/ Appendix I: Form of inland transport license granted by the Ministry of Transport;

b/ Appendix II: Form of inland transport license granted by the provincial-level Maritime Administration;

c/ Appendix III: Application form.

* The above appendices are not printed herein.

Article 11. Organization of implementation

The chief of the Ministry’s office, the chief inspector of the Ministry, the directors of the Departments, the director of Vietnam Maritime Administration, heads of agencies and related organizations and individuals shall implement this Circular.-

Minister of Transport
DINH LA THANG