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     

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 Transport and the June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Transport;

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 business and investment 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 that are engaged in multimodal transport must meet the business conditions in the accordance with 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. Vietnamese enterprises and cooperatives and foreign-invested enterprises in Vietnam may deal in international multimodal transport business after being granted a license for international multimodal transport business granted on the basis of fully meeting 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. Enterprises of countries being members to the ASEAN Framework Agreement on Multimodal Transport or countries which have signed with Vietnam treaties on multimodal transport may deal in international multimodal transport business after being granted a Vietnam’s license for international multimodal transport business granted on the basis of fully meeting the following conditions:

a/ Having 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.”

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