Decree No. 144/2018/ND-CP dated October 16, 2018 of the Government on amending and supplementing the Decrees on multimodal transport

DECREE

Amending and supplementing the Decrees on multimodal transport^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 13, 2008 Law on Road Traffic;

Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation and the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Law on Vietnam Civil Aviation;

Pursuant to the 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;

Pursuant to the June 16, 2017 Law on Railway;

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 20, 2012 Law on Cooperatives;

Pursuant to the November 26, 2014 Investment Law and the November 22, 2016 Law Amending and Supplementing Article 6 of and Appendix 4 to the Investment Law regarding the list of sectors and trades subject to investment and business conditions;

Pursuant to the June 23, 2014 Customs Law;

At the proposal of the Minister of Transport;

The Government promulgates the Decree amending and supplementing the Decrees on multimodal transport.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 87/2009/ND-CP of October 19, 2009, on multimodal transport, which was revised under Decree No. 89/2011/ND-CP of October 10, 2011

1. To add the following Clause 3 to Article 1:

“3. Transport businesses dealing in multimodal transport must satisfy the business conditions prescribed by the law applicable to each mode of transport.”

2. To amend and supplement Article 5 as follows:

“Article 5. Conditions for dealing in international multimodal transport business

1. A Vietnamese enterprise or cooperative or a foreign-invested enterprise in Vietnam may be licensed to deal in international multimodal transport business if it fully meets the following conditions:

a/ Being able to maintain property of a value at least equivalent to 80,000 SDR or obtaining a guarantee of equivalent value or having a substitute financial plan as prescribed by law;

b/ Having professional liability insurance for multimodal transport business or equivalent guarantee.

2. An enterprise from a member state to the ASEAN Framework Agreement on Multimodal Transport or a country which has signed with Vietnam a treaty on multimodal transport may be licensed by Vietnam to deal in international multimodal transport business if it fully meets the following conditions:

a/ Possessing a certificate of registration for international multimodal transport business or an equivalent paper granted by a competent authority of its country;

b/ Having professional liability insurance for multimodal transport business or equivalent guarantee.

3. The Ministry of Transport shall manage and grant licenses for international multimodal transport business.”

3. To amend and supplement Article 6 as follows:

“Article 6. Procedures for grant of licenses for international multimodal transport business

1. An enterprise, a cooperative or a foreign-invested enterprise in Vietnam referred to in Clause 1, Article 5 of this Decree shall submit directly or by post or via other appropriate means to the Ministry of Transport 1 set of dossier of application for a license for international multimodal transport business comprising:

a/ An application for a license for international multimodal transport business, made according to the form provided in Appendix I to this Decree;

b/ A duplicate or a copy, enclosed with the original for comparison, or a certified copy (for cases of submitting dossiers directly), or a certified copy (for cases of sending dossiers by post) of the enterprise registration certificate or investment registration certificate or an equivalent paper as prescribed by law;

c/ An audited financial statement. In case the enterprise or cooperative has no financial statement, it shall produce an equivalent guarantee from a banking institution or another organization or individual or a substitute financial plan in accordance with law.

2. An enterprise referred to in Clause 2, Article 5 of this Decree shall submit directly or by post or via other appropriate means to the Ministry of Transport 1 set of dossier of application for a license for international multimodal transport business comprising:

a/ An application for a license for international multimodal transport business, made according to the form provided in Appendix I to this Decree;

b/ A copy of the certificate of registration of international multimodal transport business or an equivalent paper granted by a competent authority of its country and consularly legalized;

c/ A contract on professional liability insurance for the business of international multimodal transport or equivalent guarantee.

3. In case a dossier of application for a license for international multimodal transport business is incomplete, within 3 (three) working days after receiving it directly or from the date of arrival shown on the postmark, the Ministry of Transport shall issue a written reply clearly stating the reason to the applicant.

4. Within 5 (five) working days after receiving a complete dossier as prescribed, the Ministry of Finance shall grant a license for international multimodal transport business, made according to the form provided in Appendix III to this Decree.

A license for international multimodal transport business is valid for 5 years from the date of its grant.

5. Upon occurrence of a change in the contents of a license for international multimodal transport business during its validity period, the license holder shall carry out procedures to request re-grant of the license under Article 7 of this Decree.”

4. To amend and supplement Article 7 as follows:

“Article 7. Re-grant of licenses for international multimodal transport business

Upon occurrence of a change in the contents of its valid license for international multimodal transport business or in case its license for international multimodal transport business expires or is lost, destroyed or damaged, the concerned enterprise shall request the re-grant of its license as follows:

1. The enterprise or cooperative referred to in Clause 1 or 2, Article 5 of this Decree shall submit directly, by post or via other appropriate means to the Ministry of Transport 1 set of dossier of request for re-grant of a license for international multimodal transport business comprising:

a/ A request for re-grant of a license for international multimodal transport business, made according to the form provided in Appendix II to this Circular;

b/ A duplicate or a copy, enclosed with the original for comparison, or a certified copy (for cases of submitting dossiers directly), or a certified copy (for cases of sending dossiers by post) of the enterprise registration certificate or an equivalent paper as prescribed by law (in case of change in the contents of the certificate);

c/ An audited financial statement or a substitute financial plan in accordance with law or equivalent guarantee (in case of change in the contents of the certificate).

2. Within 3 (three) working days after receiving a complete dossier as prescribed, the Ministry of Transport  shall re-grant the license for international multimodal transport business to the enterprise. Such license is valid for 5 (five) years from the date of its grant.

3. In case the dossier of request for re-grant of a license for international multimodal transport business is invalid, within 2 (two) working days after receiving the dossier directly from the requester or from the date of arrival shown on the postmark, the Ministry of Transport shall issue a written reply clearly stating the reason to the enterprise.”

Article 2.Effect and implementation responsibility

1. This Decree takes effect on the date of its signing.

2. To annul:

a/ Chapter 3 of the Government’s Decree No. 87/2009/ND-CP of October 19, 2009, on multimodal transport business;

b/ The Government’s Decree No. 89/2011/ND-CP of October 10, 2011, amending and supplementing a number of articles of the Government’s Decree No. 87/2009/ND-CP of October 19, 2009, on multimodal transport business.

3. Organizations that possess licenses for international multimodal transport business granted by Vietnam before the effective date of this Decree may continue operating until their licenses expire.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC