THE MINISTRY OF TRANSPORT
Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Ministry of Transport 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.
Article 1. Scope of adjustment
This Circular defines the procedure for granting a license of domestic marine transport.
Article 2. Subject of application
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:
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;
b) Prevention of and recovery from natural disasters and epidemic, or humanitarian emergency aid.
2. 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:
a) The licensed sea-going vessel is of use to 01 (one) product manufacturer;
b) The licensed vessel is not present in any Vietnamese fleets.
2. 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.
3. 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.
4. 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.
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