Decree No. 82/2019/ND-CP the import and dismantlement of used ships
Instruction on register for import of used ships for dismantlement
On November 12, 2019, the Government issues the Decree No. 82/2019/ND-CP on import of used ships for dismantlement.
To be specific, Enterprises importing used ships for dismantlement must be a Vietnamese enterprise with 100% of its charter capital held by Vietnamese organizations and individuals. Enterprises importing used ships for dismantlement must prepare a request dossier consist of:
- A written request for granting a License for import of used ships for dismantlement (01 original);
- The Decision to put the ship dismantlement establishment into operation (01 certified copy or 01 copy enclosed with the original for comparison);
- The enterprise’s decision on the purchase of the used ship for dismantlement (01 certified copy or 01 copy enclosed with the original for comparison).
The Vietnam Maritime Administration shall receive and examine the dossier. Within 03 working days after receiving a valid dossier, the Vietnam Maritime Administration shall appraise the dossier and report to the Ministry of Transport for consideration and decision. Within 02 working days after receiving the written request the Ministry of Transport shall grant a License for import of used ships for dismantlement, in case of disapproval, the Ministry of Transport shall issue a written reply clearly stating the reason.
For further details of the Decree 82/2019/ND-CP, Click here
translation of the Official Gazette of the Vietnam News Agency
THE SOCIALIST REPUBLIC OF VIETNAM
Hanoi, November 12, 2019
Prescribing the import and dismantlement of used ships
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 June 23, 2014 Law on Environmental Protection;
Pursuant to the November 26, 2014 Law on Investment, and the Law Amending and Supplementing Article 6 of, and Appendix 4 on the List of Conditional Business Investment Sectors and Trades to, the Law on Investment;
Pursuant to the November 26, 2014 Law on Enterprises;
At the proposal of the Minister of Transport,
The Government promulgates the Decree prescribing the import and dismantlement of used ships.
Article 1. Scope of regulation
1. This Decree prescribes entities licensed to import, and conditions for import of, used ships for dismantlement and the management of used-ship dismantlement activities in Vietnam.
2. The provisions of this Decree on import and dismantlement of ships also apply to the import and dismantlement of floating storage units and portable rigs.
Article 2. Subjects of application
This Decree applies to domestic and foreign organizations and individuals involved in the import of used ships for dismantlement and used-ship dismantlement activities.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Ship dismantlement means breaking up the entire structure of a ship at a ship dismantling facility.
2. Ship dismantling facility means an area used exclusively for ship dismantlement.
3. Ship dismantlement plan means a plan made by the owner of a ship dismantling facility for dismantlement of a ship.
Article 4. Principles of import and dismantlement of used ships
1. The import and dismantlement of used ships must ensure maritime safety and security, occupational safety, fire and explosion prevention and fighting safety, and protection of human health and the environment.