Decree 74/2023/ND-CP amend decrees on settlement of administrative procedures in maritime

DECREE

Amending and supplementing a number of articles of decrees concerning decentralization of powers for settlement of administrative procedures in the field of maritime

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Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on 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 Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Environmental Protection dated November 17, 2020;

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 promulgates the Decree amending and supplementing a number of articles of decrees concerning decentralization of powers for settlement of administrative procedures in the field of maritime.

Article 1. 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, which is amended and supplemented by the Government’s Decree No. 69/2022/ND-CP dated September 23, 2022, amending and supplementing a number of articles of the Decrees regulating business activities in the field of maritime

1. To amend and supplement Clause 2, Clause 5 and to add Clause 5a after Clause 5, Article 39 as follows:

a) To amend and supplement Clause 2 Article 39 as follows:

“2. Maritime safety assurance enterprises shall be responsible for promptly installing maritime signs for the sudden purpose of maritime safety assurance, and immediately report to the Vietnam Maritime Administration and regional port authorities. For maritime signs installed for the sudden purposes of maritime safety assurance, the implementation of procedures for approval of installation of maritime signs defined in Article 40 and procedures for commissioning of maritime signs specified in Article 41 of this Decree is not required, only procedures for maritime notice on installation of maritime signs must be performed.”

b) To amend and supplement Clause 5 Article 39 as follows:

“5. Before installing maritime signs, the organization or individual defined in Clause 3 of this Article must obtain the approval of a port authority or the Vietnam Maritime Administration on position, scale and type of maritime signs as specified in Article 40 of this Decree.”

c) To add Clause 5a after Clause 5 Article 39 as follows:

“5a. For maritime signs in a construction investment project which the competent state agency in charge of maritime has been agreed upon in writing or approved in the plan on maritime safety assurance, the implementation of procedures for approval of installation of maritime signs prescribed in Article 40 of this Decree is not required.”

2. To amend and supplement Article 40 as follows:

“Article 40. Procedures for approval of installation of maritime signs

1. A dossier of procedures for approval of installation of maritime signs includes:

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

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

2. For maritime signs installed within seaport waters, the organization or individual shall submit a dossier to the port authority directly or via the postal system or through the online public service system.

The port authority shall receive the dossier. In case the dossier is invalid, it shall provide guidance on the completion of the dossier in accordance with this Decree within 02 working days from the date of receiving the dossier. In case of valid dossier, within 05 working days after receiving the dossier, the port authority shall issue the written approval on installation of maritime signs; in case of refusal, it must be reply in writing, clearly stating the reason.

3. For maritime signs installed outside seaport waters or a system of maritime signs installed both within and outside a seaport water or a system of maritime signs installed within many seaport waters under management of port authorities, the organization or individual shall submit a dossier to the Vietnam Maritime Administration directly or via the postal system or through the online public service system.

The Vietnam Maritime Administration shall receive the dossier. In case the dossier is invalid, it shall provide guidance on the completion of the dossier in accordance with this Decree within 02 working days from the date of receiving the dossier. In case of valid dossier, within 05 working days after receiving the dossier, the Vietnam Maritime Administration shall issue the written approval on installation of maritime signs; in case of refusal, it must be reply in writing, clearly stating the reason.”

3. To amend and supplement Article 41 as follows:

“Article 41. Procedures for commissioning of maritime signs

1. A dossier of request for commissioning of maritime signs comprises:

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

b) A copy together with the original acceptance test and handover record for comparison, or an electronic copy, 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, or an electronic copy from the master register, or a certified electronic copy from the original maritime notice on the installation of maritime signs.

2. For maritime signs installed within seaport waters, the project owner shall submit a dossier to the port authority directly or via the postal system or through the online public service system.

The port authority shall receive the dossier. In case the dossier is invalid, it shall provide guidance on the completion of the dossier in accordance with this Decree within 02 working days from the date of receiving the dossier. In case of valid dossier, within 05 working days after receiving the dossier, the port authority shall issue a decision on commissioning of maritime signs; in case of refusal, it must be reply in writing, clearly stating the reason.

3. For maritime signs installed outside seaport waters or a system of maritime signs installed both within and outside a seaport water or a system of maritime signs installed within many seaport waters under management of port authorities, the project owner shall submit a dossier to the Vietnam Maritime Administration directly or via the postal system or through the online public service system.

The Vietnam Maritime Administration shall receive the dossier. In case the dossier is invalid, it shall provide guidance on the completion of the dossier in accordance with this Decree within 02 working days from the date of receiving the dossier. In case of valid dossier, within 05 working days after receiving the dossier, the Vietnam Maritime Administration shall issue a decision on commissioning of maritime signs; in case of refusal, it must be reply in writing, clearly stating the reason.”

4. To amend and supplement Point a Clause 2 Article 99 as follows:

“a) Documents to be submitted (originals), 01 copy each, including (forms specified in the Appendix to this Decree): Written general declaration (for inland waterway vessels), made using Form No. 59; List of crews (for inland waterway vessels), made using Form No. 60; List of passengers (for passenger vessels), made using Form No. 61; Port departure permit;”

5. To add Point a1 after Point a Clause 2 Article 100 as follows:

“a1. List of crews (in cases of change), made using the Form No. 60;”

6. To amend and supplement Clause 3 Article 110 as follows:

“3. Before granting a license to conduct mariculture in a seaport water, the competent granting agency under the law on fishery must request comments of the regional port authority.”

7. To replace forms No. 42, 43, 44, 47, 48, 57 and 58 of Decree No. 58/2017/ND-CP with forms No. 42, 43, 44,47, 48, 57 and 58 in Section 1 of the Appendix to this Decree.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 38/2017/ND-CP dated April 4, 2017 on construction and operation management of inland container depots as follows:

1. To amend and supplement Clause 3 Article 22 as follows:

“3. Procedures for announcing the operation suspension or closure of an inland container depot

a) A requester for operation suspension or closure of an inland container depot shall submit a dossier to the Vietnam Maritime Administration directly or via the postal system or through the online public service system. A dossier comprises a written request for operation suspension or closure of the inland container depot, made using Form No. 04 in the Appendix to this Decree;

b) Within 05 working days after receiving the written request, the Vietnam Maritime Administration shall issue a decision announcing the operation suspension or closure of the inland container depot, made using Form No. 05 in the Appendix to this Decree; in case of refusal, it shall issue a written reply to the requester, clearly stating the reason.”

2. To amend and supplement Article 24 as follows:

“Article 24. Procedures for renaming inland container depots

1. The project owner or operator of an inland container depot shall submit a declaration made using Form No. 06 in the Appendix to this Decree to the Vietnam Maritime Administration directly or via the postal system or through the online public service system.

2. The Vietnam Maritime Administration shall receive the dossier and appraise its validity; if finding that the dossier is invalid or the name of the inland container depot is inappropriate, it shall provide the instruction to the project owner or operator of the inland container depot for completing the dossier within 02 working days after receiving the dossier.

3. Within 03 working days after receiving the valid dossier, the Vietnam Maritime Administration shall issue a decision to rename the inland container depot; in case of refusal, it shall issue a written reply to the requester, clearly stating the reason.”

3. To replace Form No. 04, Form No. 05 and Form No. 06 in the Appendix to the Decree No. 38/2017/ND-CP by Form No. 04, Form No. 05 and Form No. 06 in Section 2 of the Appendix to this Decree.

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 training facilities and seafarer recruitment and placement service providers, which is amended and supplemented by the Government’s Decree No. 69/2022/ND-CP dated September 23, 2022, amending and supplementing a number of articles of the Decrees regulating business activities in the field of maritime that takes effect on October 30, 2022

1. To amend and supplement Clauses 4 and 6, Article 3 as follows:

a) To amend and supplement Clause 4 as follows:

“4. Certificate of eligibility for seafarer training (hereinafter referred to as Certificate) means a paper issued by the Director of the Vietnam Maritime Administration to the facilities eligible for seafarer training.”

b) To amend and supplement Clause 6 as follows:

“6. Certification of eligibility for seafarer recruitment and placement service provision (hereinafter referred to as Certification) means a paper granted by Director of the related Branch of Vietnam Maritime Administration to the seafarer recruitment and placement service provider to certify the compliance with the seafarer recruitment and placement service provision under the MLC.”

2. To amend and supplement Article 7 as follows:

“Article 7. Grant of Certificates

1. The Director of the Vietnam Maritime Administration shall grant Certificates in accordance with this Decree.

2. A training facility shall submit a dossier to the Vietnam Maritime Administration directly or via the postal system or through the online public service system. Such a dossier must comprise:

a) A written declaration, made using Form No. 01 in the Appendix to this Decree;

b) A certified copy, or a copy from the master register, or a copy enclosed with the original for comparison, or an electronic copy from the master register, or an electronic copy certified from the original for comparison of Decision on establishment or permission for establishment of training facility;

c) The original of Report explaining conditions for seafarer training, made using the Form No. 02 in the Appendix to this Decree.

3. The Vietnam Maritime Administration shall receive the dossier. In case the dossier is invalid, it shall provide written guidance on the completion of the dossier for the training facilities in accordance with this Decree within 03 working days from the date of receiving the dossier. In case of valid dossier, within 15 working days after receiving the dossier, the Vietnam Maritime Administration shall organize the actual inspection and issue a Certificate, made using Form No. 03 in the Appendix to this Decree; in case of refusal, it must be reply in writing, clearly stating the reason.”

3. To amend and supplement Clauses 2 and 3, Article 8 as follows:

“2. A training facility shall, directly or via the postal system or through the online public service system, submit the Vietnam Maritime Administration a written declaration for re-grant of Certificate, made using Form No. 01 in the Appendix to this Decree, clearly stating the reason for re-grant, together with documents proving the change in information about the training facility (if any). Within 03 working days after receiving the written request, the Vietnam Maritime Administration shall re-grant the Certificate; in case of refusal to re-grant, it shall issue a written reply, clearly stating the reason.

3. When re-granting the Certificate, the Vietnam Maritime Administration must clearly state in the new Certificate that it replaces the old Certificate and publish a notice on its portal.”

4. To amend and supplement Clauses 2 and 3, Article 9 as follows:

“2. The Director of the Vietnam Maritime Administration shall issue a decision on suspension of seafarer training activities. The decision on suspension of seafarer training activities must clearly state the reason for suspension, suspension duration, measures for assurance of interests of teachers, learners and employees in the training facility and such must be announced on the Vietnam Maritime Administration’s portal.

3. After the suspension period, if the cause for the suspension is remedied, the Director of the Vietnam Maritime Administration shall issue a decision to allow the training facility to continue its training activities.”

5. To amend and supplement Clauses 2 and 3, Article 10 as follows:

“2. The Director of the Vietnam Maritime Administration shall issue a decision on revocation of Certificate and publish a notice on the Vietnam Maritime Administration's website, and send it to the relevant agencies for management coordination.

3. Training facilities must immediately terminate their seafarer training activities according to the decision on Certificate revocation by the Director of the Vietnam Maritime Administration.”

6. To amend and supplement Article 11 as follows:

“Article 11. Assessment of seafarer training facilities

1. On an annual basis, the Vietnam Maritime Administration shall organize the assessment of seafarer training facilities’ seafarer training activities under the standards defined by law.

2. Every five years, the Vietnam Maritime Administration shall organize the independent assessment of seafarer training facilities in accordance with the standards defined in STCW Convention.”

7. To amend and supplement Article 13 as follows:

“Article 13. Procedures for grant of Certifications

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

a) A written declaration, made using Form No. 04 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 an certified electronic copy from the original of the license to send Vietnamese seafarers abroad or the license to supply or outsource seafarers in the form of labor supply or outsourcing, or sending of Vietnamese workers abroad as guest workers as prescribed by law;

c) 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 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. The related Branch of Vietnam Maritime Administration shall receive the dossier. In case the dossier is invalid, it shall provide a guidance on the completion of the dossier in accordance with this Decree for the seafarer recruitment and placement service provider within 03 working days from the date of receiving the dossier. In case of valid dossier, within 03 working days after receiving the dossier, the related Branch of Vietnam Maritime Administration must grant a Certification, made using Form No. 05 in the Appendix to this Decree; in case of refusal, it must be reply in writing, clearly stating the reason.

3. The related Branch of Vietnam Maritime Administration shall publish the notice on seafarer recruitment and placement service provider granted Certification on its portal.”

8. To amend and supplement Clauses 2 and 3, Article 14 as follows:

“2. A seafarer recruitment and placement service provider shall submit one dossier of request for re-grant of Certification to the related Branch of Vietnam Maritime Administration directly or via the postal system or through the online public service system. Such a dossier must comprise:

a) An written declaration for re-grant of Certification, made using Form No. 04 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 an electronic copy certified from the original of the enterprise registration certificate (for cases of change in information on enterprise);

Within 03 working days from the date of receiving the written request, the related Branch of Vietnam Maritime Administration shall re-grant the Certification and return the results directly or via the postal system or through the online public service system to the seafarer recruitment and placement service provider; in case of refusal, the related Branch of Vietnam Maritime Administration must reply in writing, clearly stating the reason.

3. When re-granting the Certification, the related Branch of Vietnam Maritime Administration must clearly state in the new Certification that it replaces the old Certification and publish a notice on its portal.”

9. To amend and supplement Clause 2 Article 15 as follows:

“2. The Director of a Branch of Vietnam Maritime Administration shall issue a decision on revocation of Certification and publish a notice on the Branch's website, and send it to the relevant agencies for management coordination.”

10. To replace Forms No. 01, 03, 04 and 05 in the Appendix to the Decree No. 29/2017/ND-CP by Forms No. 01, 03, 04 and 05 in Section 3 of the Appendix to this Decree.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 82/2019/ND-CP dated November 12, 2019 prescribing the import and dismantlement of used ships

1. To amend and supplement Article 8 as follows:

“Article 8. Competence to decide to put ship dismantling facilities into operation

The Director of the Vietnam Maritime Administration shall decide to put ship dismantling facilities into operation.”

2. To amend and supplement Article 9 as follows:

“Article 9. Procedures for deciding to put ship dismantling facilities into operation

1. The owner of a ship dismantling facility shall submit 1 set of dossier of request for permission for putting the ship dismantling facility into operation to the Vietnam Maritime Administration directly or via the postal system or through the online public service system.

2. A dossier of request for permission for putting a ship dismantling facility into operation must comprise:

a) A written request for permission for putting a ship dismantling facility into operation, made according to Form No. 01 in the Appendix to this Decree;

b) An environmental permit granted by a competent state agency to the owner of a ship dismantling facility (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);

c) The process of controlling dangers and hazards and plan on response to technical incidents likely to pose serious risks to occupational safety and health (the original, or a certified copy, or an electronic copy, or a certified electronic copy from the original);

d) A document on fire prevention and fighting examination and approval, inspection and test by the fire fighting police office (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).

3. Procedures for receiving and processing a dossier:

a) The Vietnam Maritime Administration shall receive the dossier and examine the conformity of the dossier. In case the dossier is invalid, it shall provide guidance on the completion of the dossier for the owner of the ship dismantling facility in accordance with this Decree within 02 working days from the date of receiving the dossier.

b) Within 05 working days after receiving a complete and valid dossier, the Vietnam Maritime Administration shall issue a decision to put the ship dismantling facility into operation, made using Form No. 02 in the Appendix to this Decree; in case of refusal, it shall issue a written reply, clearly stating the reason. In the course of handling of dossier, the Vietnam Maritime Administration may carry out  checking to verify information and data on the physical foundations of the ship dismantling facility.”

3. To amend and supplement Article 11 as follows:

“Article 11. Decision on immediate termination of operation of ship dismantling facilities

1. The Vietnam Maritime Administration shall, at the request of a competent state agency, decide to immediately terminate the operation of a ship dismantling facility in case an accident or incident occurs at the facility causing serious consequences to people and the environment.

2. Within 1 working day after receiving a written request of the competent state agency, the Vietnam Maritime Administration shall consider and decide to terminate the operation of the ship dismantling facility.

3. The Vietnam Maritime Administration shall notify to related agencies and announce the decision on immediate termination of operation of ship dismantling facilities on its portal.”

4. To amend and supplement Article 12 as follows:

“Article 12. Decision on termination of operation of ship dismantling facilities

1. The Vietnam Maritime Administration shall, at the request of a competent state agency, decide to terminate the operation of a ship dismantling facility in the following cases:

a) The facility fails to satisfy the operation conditions prescribed in Article 7 of this Decree;

b) For the purpose of maintaining national defense and security;

c) An epidemic or a natural disaster or catastrophe occurs or in another case as prescribed by law.

2. Within 5 working days after receiving a written request of a competent state agency, the Vietnam Maritime Administration shall consider and decide to terminate the operation of the ship dismantling facility. In case of refusal to decide to terminate the operation of the ship dismantling facility as requested, the Vietnam Maritime Administration shall reply in writing, clearly stating the reason.

3. The Vietnam Maritime Administration shall notify to related agencies and announce the decision on termination of operation of ship dismantling facilities on its portal.”

5. To replace Form No. 01, Form No. 02 and Form No. 03 in the Appendix to the Decree No. 82/2019/ND-CP by Form No. 01, Form No. 02 and Form No. 03 in Section 4 of the Appendix to this Decree.

Article 5. Implementation provisions

1. This Decree takes effect on November 27, 2023. Clause 7 Article 1 of this Decree takes effect on October 11, 2024.

2. Transitional provisions:

a) Written approvals, Decisions, Certificates and Certifications that have been approved or granted by competent agencies before the effective date of this Decree shall continue to be implemented until the expiration date prescribed for these documents;

b) For dossiers of request for grant of written approvals, Decisions, Certificates, or Certifications that have been received by competent agencies before the effective date of this Decree, the competent agencies receiving the dossiers shall continue to comply with legal documents effective at the time of receipt of the dossiers;

c) The Director of the Vietnam Maritime Administration is competent to revoke Certificates, Directors of Branches of Vietnam Maritime Administration are competent to revoke Certifications, for the Certificates and Certifications granted before the effective date of this Decree.

3. This Decree repeals:

a) Article 3, Clauses 6 and 7 Article 4 of the Government’s Decree No. 69/2022/ND-CP dated September 23, 2022, on amending and supplementing a number of articles of the Decrees regulating business activities in maritime;

b) Article 18 of the Government’s Decree No. 29/2017/ND-CP dated March 20, 2017, on conditions for seafarer training facilities and seafarer recruitment and placement service providers.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, centrally-run cities shall be responsible for guiding and implementing this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

Tran Hong Ha

* All Appendices are not translated herein.