Circular 08/2022/TT-BGTVT amending Circulars related to business activities in the maritime sector

CIRCULAR

On amending and supplementing a number of articles of Circulars related to business activities in the maritime sector

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Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004, the Law on Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Decree No. 12/2017/ND-CP dated February 10, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transportation Department and the Director of the Vietnam Maritime Administration;

The Minister of Transport hereby promulgates the Circular on amending and supplementing a number of articles of Circulars related to business activities in the maritime sector.

Article 1. To amend and supplement a number of articles of the Circular No. 16/2013/TT-BGTVT dated July 30, 2013 of the Minister of Transport on prescribing the management of waterway transportation routes from mainland shores to islands in Vietnam’s sea area

1. To amend and supplement Clause 1 Article 3 as follows:

“1. An organization or individual shall send the dossier of registering the transportation of passengers on fixed routes directly or via postal system to the regional Maritime Administration or through online public service system, a dossier includes:

a) Registration document for the operation of transporting passengers as prescribed in Appendix II to this Circular;

b) Written consensus or contract signed with the organization managing port, harbor serving means entering for embarking and disembarking passengers.

c) Copies enclosed with originals for comparison or a legally valid electronic copies issued by competent authorities, including: Certificate of business registration or certificate of enterprise registration or certificate of investment, with the trade of transporting passengers by waterway; Certificate of vehicle registration; Certificate of technical safety and environmental protection of vehicles that remain effect and conform to the operation routes.”.

2. To amend and supplement Clause 3 Article 3 as follows:

“3. Within 05 working days after receiving full dossier prescribed in Clause 1, Clause 2 of this Article, the regional Maritime Administration shall review the dossier, in case of sufficient dossier in accordance with regulation, it shall send a written approval for the transportation of passengers on fixed routes directly or via postal system or through online public service system to the organization or individual. If the dossier is incomplete or invalid, it shall return the dossier and issue the written reply, clearly stating reason thereof.”.

Article 2. To amend and supplement a number of articles of the Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport on prescribing procedures for grant of domestic shipping licenses to foreign seagoing ships

1. To amend and supplement Clause 4 Article 6 as follows:

“4. 01 (one) copy from the original book or copy enclosed with original for comparison or a legally valid electronic copy issued by competent authorities of one of the following documents: The shipping agency contract or the foreign shipowner’s agent appointment letter (in case the applicant is an agent representing a foreign shipowner) or the ship charter contract between the foreign shipowner and the Vietnamese legal person.”.

2. To amend and supplement Clauses 1, 2 and 5 Article 7 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A shipowner, shipowner’s agent or Vietnamese legal person chartering a ship from a foreign shipowner shall directly submit or send by post or through online public service system 01 (one) set of the dossier prescribed in Article 6 of this Circular to the Vietnam Maritime Administration”;

b) To amend and supplement Clause 2 as follows:

“2. The Vietnam Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or -supplemented contents (if any). In case the dossier is sent by post or through online public service system, if finding that it is incomplete, within 2 (two) working days after receiving it, the Vietnam Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents. For dossiers sent through the online public service system, the form of notification shall comply with the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures and the Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government on amending and supplementing a number of articles of the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures.”;

c) To amend and supplement Clause 5 as follows:

“5. The Ministry of Transport shall return the results via the postal system or through online public service system to the shipowner or the agent representing the shipowner; and send copies to the Ministry of Public Security, the Ministry of National Defence, the Ministry of Finance, and the Vietnam Maritime Administration for coordination in management and monitoring.”.

3. To amend and supplement Clauses 1, 2 and 5 Article 9 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A shipowner or shipowner agent shall directly submit, send 01 (one) set of the dossier prescribed in Article 8 of this Circular to the Vietnam Maritime Administration by post or send it through online public service system.”;

b) To amend and supplement Clause 2 as follows:

“2. The Vietnam Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or -supplemented contents (if any). In case the dossier is sent by post or through online public service system, if it is incomplete, within 01 (one) working days after receiving   the dossier, the Vietnam Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents. For dossiers submitted through the online public service system, the form of notification shall comply with the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures and the Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government on amending and supplementing a number of articles of the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures.”;

c) To amend and supplement Clause 5 as follows:

“5. The Ministry of Transport shall return the results via the postal system or through online public service system to the shipowner or the agent representing the shipowner; and send copies to the Ministry of Public Security, the Ministry of National Defence, the Ministry of Finance, and the Vietnam Maritime Administration for coordination in management and monitoring.”;

4. To amend and supplement Clause 4 Article 10 as follows:

“4. 01 (one) copy from the original book or copy enclosed with original for comparison or a legally valid electronic copy issued by competent authorities of one of the following documents: The shipping agency contract or the foreign shipowner’s agent appointment letter (in case the applicant is an agent representing a foreign shipowner).”.

5. To amend and supplement Clauses 1, 2 and 4 Article 11 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The shipowner or the agent representing the foreign shipowner shall directly submit or send by post or through online public service system 01 (one) set of the dossier as prescribed in Article 10 of this Circular to the Vietnam Maritime Administration in charge of the area where the tourist ship anchors.”;

b) To amend and supplement Clause 2 as follows:

“2. The Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or -supplemented contents (if any). In case the dossier is sent by post or through online public service system, if finding that it is incomplete, within 01 (one) working days after receiving it, the Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents. For dossiers submitted through the online public service system, the form of notification shall comply with the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures and the Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government on amending and supplementing a number of articles of the Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures.”;

c) To amend and supplement Clause 4 as follows:

“4. The Maritime Administration shall send by post or through online public service system the result to the shipowner or shipowner’s agent and at the same time make and send a copy to the Vietnam Maritime Administration for reporting.”.

Article 3. Effect

1. This Circular takes effect on June 16, 2022.

2. To repeal the Circular No. 48/2018/TT-BGTVT dated August 31, 2018 of the Minister of Transport on amending and supplementing a number of the Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport on prescribing procedures for grant of domestic shipping licenses to foreign seagoing ships.

Article 4. Organization of implementation

The Director of the Ministry’s Office, the Chief Inspector, the Directors of Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Director of Vietnam Inland Waterway Department, the Director of Vietnam Register, the Directors of the provincial-level Departments of Transport, the heads of related agencies, units and related organizations and individuals shall implement this Circular./.

For the Minister

The Deputy Minister

Nguyen Xuan Sang