Decree 69/2022/ND-CP amending Decrees regulating business activities in maritime

DECREE

Amending and supplementing a number of articles of the Decrees regulating business activities in maritime

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Decrees regulating business activities in maritime.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 70/2016/ND-CP dated July 01, 2016, on conditions for provision of maritime safety services and the Government’s Decree No. 147/2018/ND-CP dated October 24, 2018, amending and supplementing a number of articles of Decrees regulating business activities in the field of maritime

1. To amend and supplement Points a and c Clause 2 Article 19 of Decree No. 70/2016/ND-CP as follows:

a) To amend and supplement Point a Clause 2 Article 19 as follows:

“a) A maritime pilotage company shall, directly or via the postal system or through the online public service system or by other appropriate methods, submit the dossiers prescribed in Clause 1 of Article to the Vietnam Maritime Administration;”

b) To amend and supplement Point c Clause 2 Article 19 as follows:

“c) In case of receiving the dossier through postal system or the online public service system or by other appropriate methods, if the dossier is incomplete as prescribed, within 02 working days after receiving the dossier, the Vietnam Maritime Administration shall send a written request to the maritime pilotage company via the postal system or the online public service system or by other appropriate methods, clearly stating the reason and request for dossier supplementation or completion;”

2. To replace the phrase “at least 05 years” with the phrase “at least 03 years” in Clause 2 Article 5, Clause 2 Article 6, Clause 2 Article 7, Clause 2 Article 8, Clause 2 Article 10, Clause 2 Article 11, Clause 2 Article 12, Clause 1 Article 14, Article 16 of Decree No. 70/2016/ND-CP, amended and supplemented under Clauses 1, 2, 3, 4, 5, 6, 7, 9 and 11 Article 2 of Decree No. 147/2018/ND-CP.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 37/2017/ND-CP dated April 04, 2017, on conditions for commercial operation of seaports as follows:

1. To amend and supplement Clauses 1 and 3 Article 10 as follows:

a) To amend and supplement Clause 1 Article 10 as follows:

“1. A port enterprise applying for a certificate of eligibility for commercial operation of seaports (below referred to as certificate) shall submit directly or via the postal system or the online public service system or otherwise deliver to the Vietnam Maritime Administration one set of dossiers. Such a dossier must comprise:

a) An application for grant of a certificate, made according to Form No. 01 provided in the Appendix to this Decree;

b) A certified copy of its enterprise registration certificate or a copy together with the original enterprise registration certificate for comparison, or an electronic copy from the master register, or a certified electronic copy from the original enterprise registration certificate;

c) A list of persons holding the titles specified in Clause 2 Article 6 of this Decree, their labor contracts and certified copies of their diplomas and certificates or copies together with the original diplomas and certificates for comparison, or electronic copies or electronic copies from the master register, or certified electronic copies from the original diplomas and certificates;

d) The originals of the port enterprise’s plan on commercial operation of the seaport or its electronic copies or electronic copies from the master register or certified electronic copies from the originals.”

b) To amend and supplement Clause 3 Article 10 as follows:

3. Within 07 working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall conduct an appraisal and grant a certificate and hand it over or send it by post or through the online public service system or by other appropriate methods to the post enterprise. In case of refusal to grant a certificate, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

2. To amend and supplement Clause 2 Article 11 as follows:

“2. The port enterprise shall submit one set of dossiers of request for regrant of a certificate, directly or via the postal system or through the online public service system otherwise deliver to the Vietnam Maritime Administration. Such a dossier must comprise:

a) An application for regrant of a certificate, made according to Form No. 01 provided in the Appendix to this Decree;

b) A certified copy of its enterprise registration certificate or a copy together with the original enterprise registration certificate for comparison, or an electronic copy from the master register, or a certified electronic copy from the original enterprise registration certificate (in case of changing the enterprise information);

c) The originals of the port enterprise’s plan on commercial operation of the seaport or its electronic copies or electronic copies from the master register or certified electronic copies from the originals (in case of changing contents about the seaport location or size or function).”

3. To amend and supplement Clause 4 Article 11 as follows:

“4. Within 03 working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall conduct an inspection and regrant a certificate and hand it over or send it by post or through the online public service system or by other appropriate methods to the post enterprise. In case of refusal to regrant a certificate, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

4. To amend and supplement the documents enclosed with Form No. 01 provided in the Appendix - Forms used in commercial operation of seaports - to Decree No. 37/2017/ND-CP as follows:

“Enclosed documents:

1. A certified copy of its enterprise registration certificate or a copy together with the original enterprise registration certificate for comparison, or an electronic copy from the master register, or a certified electronic copy from the original enterprise registration certificate (in case of request for grant of certificate or change to the enterprise information in case of regrant).

2. A list of persons holding the titles, their labor contracts and certified copies of their diplomas and certificates or copies together with the original diplomas and certificates for comparison, or electronic copies or electronic copies from the master register, or certified electronic copies from the original diplomas and certificates (in case of request for grant of the certificate).

3. The originals of the port enterprise’s plan on commercial operation of the seaport or its electronic copies or electronic copies from the master register or certified electronic copies from the originals (in case of request for grant of the certificate or change to contents about the seaport location or size or function, in case of regrant).”

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 29/2017/ND-CP dated March 20, 2017, on conditions for seafarer’s training facilities and seafarer’s recruitment and placement service providers

1. To amend and supplement Clause 1 Article 13 as follows:

“1. A seafarer recruitment and placement service provider shall submit one set of dossiers directly or via the postal system or through the online public service system otherwise deliver to the Vietnam Maritime Administration. Such a dossier must comprise:

a) An application made according to Form No. 04 provided in the Appendix to this Decree;

b) A certified copy or a copy enclosed with the original for comparison, or an electronic copy or an electronic copy from the master register, or a certified electronic copy from the original of the license to offer guest worker program or the license to supply or outsource seafarers in the form of labor supply or outsourcing, or guest worker program as prescribed by law;

c) A certified true copy or a copy enclosed with the original for comparison, or an electronic copy or an electronic copy from the master register, or a certified electronic copy from the original of the certificate of conformity with the quality management system in accordance with ISO 9001 and Regulation 1.4 of MLC on seafarer recruitment and placement service.”

2. To amend and supplement Clause 2 Article 14 as follows:

“2. A seafarer recruitment and placement service provider shall submit one set of dossiers of request for regrant of the certificate, directly or via the postal system or through the online public service system otherwise deliver to the Vietnam Maritime Administration. Such a dossier must comprise:

a) An application for regrant of a certificate, made according to Form No. 04 provided in the Appendix to this Decree;

b) A certified copy of its enterprise registration certificate or a copy together with the original enterprise registration certificate for comparison, or an electronic copy from the master register, or a certified electronic copy from the original enterprise registration certificate (in case of changing the enterprise information);

c) An original certificate (in case the certificate is expired or damaged).

Within 03 working days after receiving a written request, the Vietnam Maritime Administration shall regrant the certificate and hand it over or send it by post or through the online public service system or by other appropriate methods to the seafarer recruitment and placement service provider. In case of refusal, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

3. To replace Form No. 04 in the Appendix attached to Decree No. 29/2017/ND-CP with Form No. 04 in the Appendix to this Decree.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017, detailing a number of articles of the Vietnam Maritime Code regarding the management of maritime activities

1. To amend and supplement Clauses 1 and 3 Article 6 as follows:

a) To amend and supplement Clause 1 Article 6 as follows:

“1. Before approving the investment project, the project owner shall, directly or by postal service or through the online public service system or by other appropriate methods, submit a dossier of request for agreement on location, detailed technical specifications of seaports, ports, wharves, and navigable channels. Such a dossier must comprise:

a) A request for agreement on location, detailed technical specifications of seaports, ports, wharves, and navigable channels, made according to Form No. 01 provided in the Appendix to this Decree;

b) A copy or an electronic copy of the competent authority's written approval of investment policy as prescribed in Clause 4 Article 4 of this Decree;

c) The original or an electronic copy or an electronic copy from the master register or a certified electronic copy of the original construction site drawing showing the coordinates of the location of the main work and other ancillary works, the distance from the construction boundary to the adjacent works;

d) A copy enclosed with the original for comparison, or an electronic copy or an electronic copy from the master register or a certified electronic copy from the original of the legal document on the project research land (specifying the land boundary coordinates);

dd) A copy enclosed with the original for comparison or an electronic copy or an electronic copy from the master register, or a certified electronic copy from the original of the competent agency’s opinion on fire prevention and fighting for works with specific requirements for fire safety distance from adjacent works.”

b) To amend and supplement Clause 3 Article 6 as follows:

“3. Within 03 working days after receiving all opinions from relevant agencies regarding the project owner's request, the Vietnam Maritime Administration shall issue an agreement on the detailed technical specifications and location, and send it to the project owner, directly or via the postal system or through the online public service system or by other appropriate methods. In case of refusal, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

2. To amend and supplement Clause 4 Article 7 as follows:

“4. For construction projects that intersect with seaport waters, navigable channels or works affecting maritime activities such as bridges, power lines, cable cars, underground works and similar works In other words, during the project proposal, the project owner shall send directly or via the postal system or through the online public service system or by other appropriate methods a written request for comments from the Vietnam Maritime Administration about the necessity, location, expected size of the work, the clearance height and depth of the work.

Within 05 working days after receiving the written request for comments and a copy of the overall layout plan of the work, the Vietnam Maritime Administration shall issue a written reply on requirements to be complied with for the assurance of maritime safety and security, environmental prevention and send it directly or via the postal system or through the online public service system or by other appropriate methods to the project owner. In case of refusal, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

3. To amend and supplement Clause 5 Article 13 as follows:

“5. Order and procedures for requesting announcement of the commissioning of navigable channels: After completing the new construction, adjustment, expansion or upgrade of the navigable channels, the project owner or organization managing the project shall send one set of dossiers directly or via the postal system or through the online public service system or by other appropriate methods to the Vietnam Maritime Administration. Such a dossier must comprise:

a) A written request for announcing the commissioning of navigable channels, made according to Form No. 04 provided in the Appendix to this Decree;

b) A copy enclosed with the original for comparison, or an electronic copy or an electronic copy from the master register, or a certified electronic copy from the original of the acceptance test record for putting a completed work into operation, attached to the as-built drawing of the navigable channels and maritime sign system that are invested under the project;

c) A copy together with the original procedure for exploitation of the navigable channels for comparison, or an electronic copy from the master register, or a certified electronic copy from the original procedure for exploitation of the navigable channels, including rules of navigation, maritime sign systems, design parameters of ships and other specific operating conditions;

d) Copies enclosed with the originals for comparison, or electronic copies or electronic copies from the master register, or certified electronic copies from the originals of the maritime notice on the technical specifications of the navigable channel enclosed with the chart of the navigable channel; maritime notice on the maritime sign system invested under the project; an acceptance test record between the project owner and a competent agency or organization on the results of the survey and scanning of obstacles on the bottom of the navigable channel and related waters.

Within 03 working days after receiving the dossier prescribed in this Clause, the Vietnam Maritime Administration shall announce the commissioning of navigable channels according to regulations. In case of refusal, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

4. To amend and supplement Clauses 1 and 4 Article 14 as follows:

a) To amend and supplement Clause 1 Article 14 as follows:

“1. After completing the construction of a wharf, pier, pontoon quay, water zone or area, the project owner shall send one set of dossiers, directly or via the postal system or through the online public service system or by other appropriate methods, to the Vietnam Maritime Administration to request the announcement of the opening of a wharf, pier, pontoon quay, water zone or area.”

b) To amend and supplement Clause 4 Article 14 as follows:

4. Order of receiving and processing a dossier: Within 03 working days from the date on which the invalid dossier is received by the Vietnam Maritime Administration, the Vietnam Maritime Administration shall provide guidance on the completion of the dossier in accordance with this Decree. Within 03 working days after receiving the valid dossier, the Vietnam Maritime Administration shall announce the commissioning of a wharf, pier, pontoon quay, water zone or area according to Form No 07 provided in the Appendix to this Decree, and send it to the project owner directly, or via the postal system or through the online public service system or by other appropriate methods.”

5. To amend and supplement Point a Clause 2 Article 17 as follows:

“A) The project owner or regional port authority shall send a document made according to Form No. 10 provided in the Appendix to this Decree directly or via the postal system or through the online public service system or by other appropriate methods;”

6. To amend and supplement Clause 1 Article 40 as follows:

“1. An organization or individual shall submit one set of dossiers directly or via the postal system or through the online public service system otherwise deliver to the Vietnam Maritime Administration. Such dossier must comprise:

a) An application made by the organization or individual according to Form No. 15 provided in the Appendix to this Decree;

b) A copy together with the original technical design of maritime signs for comparison, or an electronic copy from the master register, or a certified electronic copy from the original technical design of maritime signs;

c) A copy together with the original diagram, position, coordinate of maritime signs for comparison, or an electronic copy from the master register, or a certified electronic copy from the original diagram, position, coordinate of maritime.”

7. To amend and supplement Clause 1 Article 41 as follows:

“1. The project owner shall submit one set of dossiers directly or via the postal system or through the online public service system otherwise deliver to the Vietnam Maritime Administration. Such dossier must comprise:

a) A written request for commissioning of maritime signs, made according to Form No. 16 provided in the Appendix to this Decree;

b) A copy together with the original acceptance test and handover record for comparison, or an electronic copy from the master register, or a certified electronic copy from the original acceptance test and handover record;

c) A copy enclosed with the original for comparison or an electronic copy or an electronic copy from the master register or a certified electronic copy of the original map of surveying and scanning obstacles to navigable channels for maritime signs on newly built navigable channels by units with measurement and survey functions and together with the project owner in charge of the legality of the survey dossier;

d) A copy together with the original maritime notice on the installation of maritime signs for comparison, or an electronic copy from the master register, or a certified electronic copy from the original maritime notice on the installation of maritime signs.”

8. To amend and supplement Point b Clause 3 Article 75 as follows:

Within 02 working days after the invalid dossier is received by the Vietnam Maritime Administration, the Vietnam Maritime Administration shall provide guidance on the completion of the dossier in accordance with this Decree. Within 07 working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall issue a written reply and hand it over or send it by post or through the online public service system or by other appropriate methods to the applicant. In case of refusal to grant a certificate, the Vietnam Maritime Administration shall issue a written reply clearly stating the reason.”

9. To replace the phrase “or by other appropriate methods” with the phrase “or via the postal system or through the online public service system or by other appropriate methods” at Point a Clause 3, Point a Clause 5 Article 25; Point a Clause 3 Article 75.

10. To replace the phrase “and send it to the project owner via the postal system or the project owner shall receive it in person at the Vietnam Maritime Administration” with the phrase “and send it to the project owner directly or via the postal system or through the online public service system or by other appropriate methods” at Point b Clause 3, Clause 4, Point b Clause 5 Article 25.

11. To replace the phrase “and send it to the requester via the postal system or the requester shall receive it in person at the Vietnam Maritime Administration” with the phrase “and send it to the requester directly or via the postal system or through the online public service system or by other appropriate methods” at Point b Clause 2 Article 17.

Article 5. Amending and supplementing a number of the Government's Decree No. 05/2017/ND-CP dated January 16, 2017, on the disposal of property sunk in Vietnam’s seaport waters, seas and inland waterways

1. To amend and supplement Clause 1 Article 13 as follows:

“1. An organization or individual shall send one set of dossiers of request for approval of the plan for salvage of sunken property, directly or via the postal system or through the online public service system or by other appropriate methods, to the competent agency specified in Article 12 of this Decree.”

2. To amend and supplement Clause 3 Article 13 as follows:

“3. Within 02 working days from the date on which the invalid dossier is received, the agency competent to approve shall provide guidance on the completion of the dossier to the applicant in accordance with this Decree. Within 10 working days from the date of receiving the valid dossier, the agency competent to approve shall issue written approval of the plan for salvage of sunken property and send it to an organization or individual directly or via the postal system or through the online public service system or by other appropriate methods. In case of disapproval, it shall issue a written reply clearly stating the reason.”

Article 6. Effect

1. This Decree takes effect from October 30, 2022.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities shall guide and implement this Decree./.

* All Appendices are not translated herein.