Decree No. 111/2014/ND-CP dated November 20, 2014 of the Government providing the useful life of inland waterway vessels and the useful life of vessels permitted for import

DECREE

Providingthe useful lifeof inland waterway vessels and
the useful life of vessels permitted for import

Pursuant tothe December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Transport,

The Government promulgatesthe Decreeproviding forthe useful life of inland waterway vessels and the useful life of vessels permitted for import,

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Decreeprovidesthe useful life of inland waterwayvessels operating in Vietnam and the useful lifeof vesselspermitted to be importedfor useasinland waterwayvessels operating in Vietnam.

2. This Decree does not regulateinland waterway vesselsengaged innationaldefenseorsecurity purposesand fishing vessels and foreign inland waterway vessels in transit through the Vietnamese territory.

Article 2.Subjectsof application

1.Regarding the useful life of inland waterway vessels: This Decree applies to organizations and individuals owningor managing and exploiting the use of inland waterway vessels operating in Vietnam, including the following types of vessels:

a/Ships carrying dangerous goods, oil, liquefied gases in bulk;

b/Overnight cruises, floating hotels, floating restaurants;

c/Passengershipsother than overnight cruises, floating hotels, floating restaurants, high-speed vessels and hovercrafts;

d/ High-speedpassenger vessels;

dd/ Hovercrafts.

2.Regarding the useful life of vessels permitted for import: this Decree applies to organizations and individuals being owners,importers or hirers managing and exploiting the use of inland waterway vessels operating in Vietnam, including all types of inland waterway vessels.

3.When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, that treaty prevails.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1.Usefullife of an inland waterway vessel means the maximumperiod of time measured in yearsduring whichthevesselispermittedto operate.

2. Useful life of a vesselpermitted for import means the maximum period of time measured in yearsduring which an operatingvessel is permitted toimport into Vietnam, below collectively referred to as age of vesselspermitted for import.

3.Passengershipmeansaninland waterway vessel with a capacityof over 12 passengers.

4.Passengervesselmeansan inland water vessel with a capacitynot exceeding12 persons.

5.High-speed passengershipmeansapassenger vessel that isinspectedand certified by Vietnam Registerunderthe national technical regulationson classification andbuildingof high-speedships;apassengershipthatglides when its hull is liftedfrom thewatersurfacebyaerodynamic lift generated bygroundeffect with a top speed ofat least30km/hrina full load condition.

6. Hovercraft means an inland waterway vesselthe weight of which is whollyorsignificantlysupported above the water surfacewhile still or movingby acontinuouslygeneratedcushion ofairandtraveling abovethewatersurface.

7.Overnight cruise means an inland waterway vessel withcabinsfor carrying touristswhocan stayovernight on its voyage.

8. Floating hotel meansaninland waterwayvessel withcabinsand hotel business registrationfor carrying tourists, which mayanchorataplaceonaninland waterway and may travel from this anchoringplaceto another when necessary.

9. Floating restaurant means an inland waterway vesselwith food and drink service business registrationbutnocabinfor carrying passengers.

Chapter II

USEFUL LIFE OFINLAND WATERWAY VESSELS AND AGES OF VESSELS PERMITTED FOR IMPORT

Article 4.Useful life of inland waterway vessels

1.The useful life of inland waterway vessels is prescribed as follows:

2. In some special cases, the Prime Minister shall decideonthe useful life of inland waterway vessels at the proposal of the Ministry of Transport.

Article 5.Ages ofvessels permitted for import

1.The ages of vessels permitted for importmustnot exceed 10 years forpassengershipsand passengervesselsand not exceed 15 yearsfor other vessels.

2.Not to be permitted to importwooden-hullovernight cruises, floating restaurants and floating hotelsandother vessels lacking sufficient groundsfordetermining their building year.

3. In special cases, the Prime Minister shalldecide on the agesof vesselspermitted for import at the proposal of the Minister of Transport.

Article 6.Time forcountingthe useful life

1. The useful life of an inland waterway vesselshall becounted from the year ofitsbuilding.The determination ofbuildingyearsof vesselsmustcomply with Article 7 of this Decree.

2.The age ofavessel permitted for importshallbe counted from the year ofitsbuilding tothe yearof registration of the customs declaration foritsimport intoVietnam

Article 7.Vessel building year

1. For inland waterway vessels built in the country, the year of building ofavessel shall becounted from the yearitisgrantedaregistration and inspectiondossieruponcompletion ofitsbuilding.

2. For imported vessels, the year of building ofavessel shall be counted from the yearitwasbuilt andwritten initsregistration and inspectiondossier or the dossier granted to the vessel byits national management agency.

Chapter III

RESPONSIBILITIESFORORGANIZATION OF
IMPLEMENTATION

Article 8.The Ministry of Transport

1. To organize the implementation and guide the implementation of this Decree.

2. To review and complete technical regulations on the useful life of inland waterway vessels in Vietnam.

3. To inspect, examine and handle violationsbyinland waterway vesselsprescribed bythis Decree and other relevant regulations.

Article 9.The Ministry of Public Security

To coordinate with the Ministry of Transport in inspection, examination and handling ofviolationswith regard toinland waterway vesselsprescribed bythis Decree and other relevant regulations.

Article 10.The Ministry of Finance

To guide customs procedures on the import of vesselsprescribed bythis Decreeand other relevant regulations.

Article 11.Provincial-level People’s Committees

1. Based on theirprescribed functions, tasks and powers, to organize the implementationofthis Decree.

2.To guidecompetentlocal agenciesininspecting, examiningand handling violationswith regard toinland waterway vessels according to this Decree and other relevant regulations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12.Effect

This Decree takes effect on January 5, 2015.

Article 13.Transitional provisions

1.From the effective date of this Decree, theusefullifemay be extendedfor high-speed passengershipsspecifically as follows:

a/Vessels withtheir usefullifeto expirebefore January 5, 2015,mayoperatethrough December 31, 2016.

b/ Vessels withtheir usefullifetoexpirebetween January 5, 2015,and January 5, 2016,may operate through December 31, 2017.

c/ Vessels withtheirusefullifetoexpirebetweenJanuary 5, 2016,and January 5, 2017,may operate through December 31, 2018.

d/Vessels with theirusefullifetoexpire onJanuary 5, 2017,or afterwardmay not operate after that date.

2.From the effective date of this Decree, theusefullifemay be extendedfor inland waterway vessels prescribed in Article 4 of this Decree, excluding high-speed passenger ships,specifically as follows:

a/ Vessels withtheir usefullifeto expire before January 5, 2015,may operatethrough December 31, 2019.

b/ Vessels with theirusefullifetoexpirebetween January 5, 2015,and January 5, 2016,may operate through December 31, 2020.

c/ Vessels with their usefullifetoexpirebetween January 5, 2016,and January 5, 2017,may operate through December 31, 2021.

d/ Vessels with their usefullifetoexpirebetween January 5, 2017,and January 5, 2018,mayoperate through December 31, 2022.

dd/Vessels with theirusefullifetoexpirebetween January 5, 2018,and January 5, 2019,may operate through December 31, 2023.

e/ Vessels with theirusefullifetoexpirebetween January 5, 2019,and January 5, 2020,may operate through December 31, 2024.

g/Vessels with their usefullifetoexpire onJanuary 5, 2020, or afterwardmay not operateafter that date.

3. For inland waterway vessels lacking sufficient groundsfordeterminingtheiryear of building from the effective date of this Decree, theirusefullifemay be extended specifically as follows:

a/High-speed passenger vessels may operate through December 31, 2016.

b/Inland waterway vessels prescribed in Article 4 of this Decree, excludinghigh-speed passenger vessels, may operate through December 31, 2019.

4.Vesselsimported into Vietnam under contractsconcluded before the effective date of this Decreearenot subjecttotheuseful lifeapplicable to vessels permitted for import butsubject tothe useful lifeapplicable toinland waterway vessels prescribed in Article 4 of this Decree when operating on Vietnam’s inland waterways.

5. Vessels prescribed in Clauses 1, 2, 3 and 4 of this Article mustassure technical safety and environmental protection as prescribed.

Article 14.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, andrelatedorganizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG