Decree No. 160/2016/ND-CP dated November 29, 2016 of the Government on conditions for sea transportation business, shipping agency services, and towage services

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ATTRIBUTE

Decree No. 160/2016/ND-CP dated November 29, 2016 of the Government on conditions for sea transportation business, shipping agency services, and towage services
Issuing body: GovernmentEffective date:
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Official number:160/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:29/11/2016Effect status:
Known

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Fields:Navigation , Transport

SUMMARY

Conditions for sea transportation business

 

The Decree No. 160/2016/ND-CP approved by the Government on conditions for sea transportation business, shipping agency services, and towage services.

In accordance with this Decree, requirements pertaining to enterprises engaging in international sea transportation business, the regarding organizational structure must have a department in charge of safety in accordance with the International Safety Management Code (ISM Code); a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code); a department in charge of sea transportation business and operation; a department in charge of legal affairs. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion. Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport; Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties; Any person in charge of legal affairs must obtain at least a college’s degree in law specialty….

Enterprises engaging in inland sea transportation business must have a department in charge of shipping business and operation regarding organizational structure; a guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million; and At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.

Any enterprise providing towage services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides towage services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital. Any staff member of a shipping agency must be a Vietnamese citizen, granted with a professional certificate of shipping agencies.

This Decree takes effect July 1, 2017 and annuls Decree No. 30/2014/ND-CP dated April 14, 2014.
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Effect status: Known

THE GOVERNMENT

Decree No. 160/2016/ND-CP dated November 29, 2016 of the Government on conditions for sea transportation business, shipping agency services, and towage services
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated November 25, 2015;
Pursuant to the Law on Enterprises dated November 26, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Commerce dated November 20, 2012;
Pursuant to the Law on Commerce dated June 14, 2005;
At the proposal of the Minister of Transport;
The Government promulgates a Decree on conditions for sea transportation business, shipping agency services, and towage services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree deals with conditions for sea transportation business, shipping agency services, and towage services.
Article 2. Subject of application
This Decree applies to Vietnamese organizations and individuals involved in sea transportation business and shipping agency services, and towage services in Vietnam.
Article 3. Interpretation of terms
For the purposes of this Decree, the terms below are construed as follows:
1. Sea transportation business is an activity of carrying goods, passengers, and baggage using seagoing vessels.
2. International shipping is an activity of carrying goods, passengers, luggage by seagoing vessels between seaports of Vietnam and seaports of foreign countries or between seaports of foreign countries.
Chapter II
CONDITIONS FOR SEA TRANSPORTATION BUSINESS
Article 4. Conditions for sea transportation business
1. Enterprises engaged in sea transportation business shall be established in accordance to legal provisions on enterprises and cooperatives engaged in sea transportation business shall be established in accordance with legal provisions on cooperatives (hereinafter referred to as enterprises).
2. An enterprise shall be issued with a certificate of eligibility for sea transportation business if it satisfies requirements prescribed in Article 5 or 6 of this Decree.
Article 5. Requirements pertaining to enterprises engaging in international sea transportation business
1. Regarding organizational structure
a) Having a department in charge of safety in accordance with the International Safety Management Code (ISM Code);
b) Having a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code);
c) Having a department in charge of sea transportation business and operation;
d) Having a department in charge of legal affairs.
2. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion.
3. Regarding watercraft: At least 01 seagoing vessel is required; any seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport.
4. Regarding personnel
a) Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport;
b) Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
c) Any person in charge of legal affairs must obtain at least a college’s degree in law specialty;
d) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialties, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer must satisfy all requirements pertaining to specialty, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.
Article 6. Requirements pertaining to enterprises engaging in inland sea transportation business
1. Regarding organizational structure: Having a department in charge of shipping business and operation.
2. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million.
3. Regarding watercraft: At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.
4. Regarding personnel
a) Any person in charge of management of shipping business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties;
b) Any seafarer working on a seagoing vessel must satisfies all requirement pertaining to specialties, health and be issued with a professional certificate as prescribed. Any of Vietnamese seafarer working on a seagoing vessel must satisfy all requirements pertaining to specialty, be issued with a professional certificate prescribed by the Minister of Transport; and satisfy all health requirements prescribed by the Minister of Health.
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ENGLISH DOCUMENTS

Official Gazette
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