THE GOVERNMENT No. 30/2014/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 14, 2014 |
DECREE
On conditions on sea shipping business and
sea shipping support services[1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Maritime Code of Vietnam;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Transport,
The Government promulgates the Decree on conditions on sea shipping business and sea shipping support services.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides:
a/ Conditions on sea shipping business;
b/ Conditions for providing sea shipping support services, including shipping agency services and towage services.
2. In addition to this Decree’s provisions on business conditions, organizations and individuals shall also comply with other relevant laws.
Article 2. Subjects of application
This Decree applies to Vietnamese and foreign organizations and individuals conducting sea shipping business or providing shipping agency services or towage services in Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Sea shipping business means the business using seagoing ships to transport cargo, passengers and luggage.
2. Domestic sea shipping means the transport of cargo, passengers and luggage by seagoing ships with the places of embarkation and disembarkation in Vietnamese seaports or sea areas.
3. International sea shipping means the transport of cargo, passengers and luggage by seagoing ships between Vietnamese and foreign seaports or between foreign seaports.
4. Enterprises conducting sea shipping business or providing sea shipping support services under this Decree include enterprises established under the law on enterprises and cooperatives established under the law on cooperatives.
Chapter II
CONDITIONS ON SEA SHIPPING BUSINESS
Article 4. Conditions on sea shipping business
Those who want to conduct sea shipping business in Vietnam shall establish sea shipping enterprises in accordance with law and may conduct sea shipping business only after being granted a sea shipping business license.
Article 5. Conditions for grant of sea shipping business licenses
1. Having registered the sea shipping business.
2. Sea shipping enterprises must have specialized sections in charge of:
a/ Safety management in accordance with the International Safety Management - ISM Code, if dealing in international sea shipping;
b/ Maritime security in accordance with the International Ship and Port Facility Security - ISPS Code, if dealing in international sea shipping;
c/ Ship operation and corporate legal affairs in accordance with law.
3. The person appointed to take charge of ship operation must possess a university degree in maritime discipline, foreign trade, commerce or economics and have at least 3 years’ experience in seagoing ship operation.
4. The person appointed to take charge of safety management and maritime security must have at least 2 years’ experience in seagoing ship operation management and have been properly trained and possess relevant certificates according to regulations.
5. The person appointed to take charge of corporate legal affairs must possess a university degree in law and have at least 2 years’ experience in legal work.
6. Sea shipping enterprises must have capital or other assets worth at least VND 20 (twenty) billion, if dealing in international sea shipping, or VND 5 (five) billion, if dealing in domestic sea shipping.
Article 6. Dossiers of application for sea shipping business licenses
A dossier of application for a sea shipping business license comprises:
1. An application for a sea shipping business license, made according to form No. 1 provided in the Appendix to this Decree.
2. The business registration certificate (certified copy).
3. A list of persons to be appointed to the positions specified in Clauses 3, 4 and 5 of this Decree, enclosed with curricula vitae showing their work experience and diplomas and certificates (certified copies).
4. The written certification of the enterprise’s capital or asset value, issued by a competent finance or audit agency, or a letter of guarantee (original) issued by a credit institution with a guarantee value and duration matching the minimum value of the enterprise’s asset and the validity duration of the license.
Article 7. Order of grant of sea shipping business licenses
1. An enterprise that applies for a sea shipping business license shall submit a dossier directly or by post to the Vietnam Maritime Administration.
2. The Vietnam Maritime Administration shall receive the dossier. In case the dossier, which is sent by post, is incomplete or invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall notify the applicant of the contents which must be supplemented or modified. In case the dossier is submitted directly, the dossier recipient shall examine and notify the dossier submitter of the contents which must be supplemented or modified. If the dossier is complete, he/she shall issue a dossier receipt to the dossier submitter.
3. Within 5 (five) working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall appraise the dossier and issue a sea shipping business license and hand it directly or send it by post to the applicant.
In case of refusal to grant a sea shipping business license, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.
4. A sea shipping business license is valid for 5 (five) years from the date of issuance. Sea shipping business licenses shall be made according to form No. 2 provided in the Appendix to this Decree.
Article 8. Re-grant of sea shipping business licenses
A sea shipping business license may be re-granted in the following cases:
1. For expired sea shipping business licenses:
a/ At least 1 month before its sea shipping business license expires, the enterprise shall carry out procedures for re-grant of the license;
b/ In case the enterprise makes no changes to the contents of the previously submitted application dossier, a dossier of application for re-grant of the license comprises an application for re-grant of the sea shipping business license, made according to form No. 1 provided in the Appendix to this Decree, and the granted sea shipping business license.
The order of re-grant of sea shipping business licenses must comply Article 7 of this Decree;
c/ In case the enterprise makes changes to the contents of the previously submitted application dossier, the dossier for and order of re-grant of the sea shipping business license must comply with Articles 6 and 7 of this Decree.
2. For lost or damaged sea shipping business licenses:
a/ The enterprise shall submit directly or send by post to the Vietnam Maritime Administration a dossier of application for re-grant of the sea shipping business license.
A dossier comprises an application for re-grant of the sea shipping business license, made according to form No. 1 provided in the Appendix to this Decree, and the granted sea shipping business license (for damaged licenses);
b/ The Vietnam Maritime Administration shall receive the dossier. In case the dossier, which is sent by post, is invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall notify the applicant of the contents which must be modified or supplemented. In case the dossier is submitted directly, the dossier recipient shall examine the dossier and notify the dossier submitter of the contents which must be modified or supplemented; if the dossier is complete, he/she shall issue a dossier receipt to the submitter;
c/ Within 3 (three) working days after receiving a valid and complete dossier, the Vietnam Maritime Administration shall appraise the dossier and grant a license. In case of refusal, it shall issue a written reply clearly stating the reason.
3. In case its granted sea shipping business license remains valid but the enterprise makes changes to the contents of the license:
a/ The enterprise shall submit a dossier of application for re-grant of the sea shipping business license comprising an application for re-grant of the sea shipping license made according to form No. 1 provided in the Appendix to this Decree and documents and papers related to the changes;
b/ Within 3 (three) working days after receiving a complete and valid dossier as prescribed at Point a of this Clause, the Vietnam Maritime Administration shall re-grant the license; in case of refusal, it shall issue a written reply clearly stating the reason.
4. The validity duration of a sea shipping business license re-granted under Clause 2 or 3 of this Article must not exceed the validity duration of the previously granted license.
Article 9. Procedures for revocation of sea shipping business licenses
A sea shipping business license shall become invalid upon issuance of a license revocation decision by a competent state agency. Procedures for revoking a sea shipping business license are as follows:
1. In case the enterprise violates regulations on business conditions or has deliberately falsified information declared in the dossier of application for a sea shipping business license, the Vietnam Maritime Administration shall issue a decision to revoke the sea shipping business license already granted to the enterprise at the request of the agency competent to handle related administrative violations.
2. In case the enterprise goes bankrupt or is dissolved, the Vietnam Maritime Administration shall issue a decision to revoke the sea shipping business license already granted to the enterprise at the request of the state agency in charge of enterprise bankruptcy or dissolution.
3. The procedures for revoking a sea shipping business license at the request of the sea shipping enterprise are as follows:
a/ The enterprise shall submit directly or send by post to the Vietnam Maritime Administration a written request together with the granted sea shipping business;
b/ Within 3 (three) working days after receiving the written request, the Vietnam Maritime Administration shall issue a decision to revoke the enterprise’s sea shipping business license.
4. The Vietnam Maritime Administration shall inform related agencies of the revocation of the license and publish information about the enterprise that has its license revoked in its e-portal. Within 5 (five) days after receiving the revocation decision, the sea shipping enterprise shall turn in its sea shipping business license directly or by post to the Vietnam Maritime Administration.
Chapter III
CONDITIONS FOR PROVISION OF SEA SHIPPING SUPPORT SERVICES
Section 1
SHIPPING AGENCY SERVICES
Article 10. Conditions for provision of shipping agency services
1. Organizations and individuals that wish to provide shipping agency services in Vietnam shall establish enterprises in accordance with law.
2. They have registered the business of provision of shipping agency services.
3. The enterprises must have staff members in charge of shipping agency services and corporate legal affairs.
4. The person appointed to take charge of shipping agency must have at least 2 (two) years’ experience in shipping agency.
5. Shipping agency staff members must be Vietnamese citizens who possess a university degree in maritime discipline, foreign trade, commerce or economics.
6. The person in charge of corporate legal affairs must possess a university degree in law and have at least 2 (two) years’ experience in legal work.
Article 11. Conditions for maintaining shipping agency operations
1. Having professional liability insurance policies for shipping agency operations or equivalent financial guarantee.
2. Signing a shipping agency contract for each specific voyage or for each specific period of time.
Article 12. Conditions on capital of foreign organizations and individuals providing shipping agency services
Foreign organizations and individuals may set up joint-venture companies to provide shipping agency services, provided the foreign investors’ capital contributions must not exceed 49% of the enterprises’ charter capital.
Section 2
TOWAGE SERVICES
Article 13. Conditions for providing towage services
1. Organizations and individuals that wish to provide towage services in Vietnam shall set up enterprises in accordance with law.
2. They have registered the business of provision of towage services.
3. The enterprises must have staff members in charge of towage services and corporate legal affairs.
4. The person appointed to take charge of towage must have at least 2 (two) years’ experience in towage of seagoing ships.
5. The person appointed to take charge of corporate legal affairs must have at least 2 (two) years’ experience in legal work.
6. The enterprises must have at least 2 specialized towage ships each.
Article 14. Conditions for maintaining towage operations
1. Having signed professional liability insurance policies for towage operations or equivalent guarantee.
2. Signing a towage contract for each specific voyage or for each specific period of time.
Article 15. Conditions on capital of foreign organizations and individuals providing towage services
Foreign organizations and individuals may set up joint-venture companies to provide towage services, provided foreign investors’ capital contributions must not exceed 49% of the enterprises’ charter capital.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 16. Transitional provisions
1. Enterprises which have started conducting sea shipping business or providing shipping agency or towage services before the effective date of this Decree may continue their business operations.
2. Within 5 (five) years after the effective date of this Decree, the enterprises defined in Clause 1 of this Article must fully satisfy the conditions prescribed in this Decree.
Article 17. Effect
This Decree takes effect on July 1, 2014, and replaces the Government’s Decree No. 115/2007/ND-CP of July 5, 2007, on sea shipping business conditions.
Article 18. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
Vietnamese
Decree 30/2014/NĐ-CP DOC (Word)
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