Circular No. 04/2012/TT-BGTVT on procedures for issuing permits to foreign ships for domestic waterway transport

CIRCULAR

Regulations on issuing permits for foreign ships to engage in domestic waterway transport

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Pursuant to the Maritime Code of Vietnam 2005;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 28, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport shall stipulate the procedures for issuing permits for foreign ships to engage in domestic waterway transport as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the cases allowing foreign ships to engage in domestic waterway transport, the procedures for issuing the Domestic Waterway Transport Permit, and the responsibilities of relevant organizations and individuals.

Article 2. Applicability

This Circular applies to Vietnamese organizations and individuals and foreign organizations and individuals related to the procedures for issuing and revoking the Domestic Waterway Transport Permit.

Article 3. Explanation of Terms

1. Vietnamese ship is a ship registered in the National Ship Register of Vietnam or a ship that has been granted a temporary permit to fly the flag of Vietnam by diplomatic or consular authorities of Vietnam abroad since the ship was built.

2. Foreign ship is a ship flying the flag of a foreign country.

3. Domestic waterway transport refers to the transportation of goods, passengers, and luggage by ship where both the loading and unloading points are located within Vietnam's territorial waters or inland waters.

4. Goods refers to machinery, equipment, raw materials, fuel, consumer goods, and other chattels, including live animals, containers, or similar devices provided by the shipper for the shipment of goods under a maritime cargo transport contract.

5. Domestic Waterway Transport Permit is the permit issued by the Minister of Transport or the Director of the Maritime Port Control for foreign ships to engage in domestic waterway transport.

Article 4. Cases for Issuing Permits for Foreign Ships to Engage in Domestic Waterway Transport

1. The Minister of Transport shall issue the Domestic Waterway Transport Permit according to the form prescribed in Appendix I attached to this Circular when Vietnamese ships are unable to transport in the following situations:

a) Transportation of oversized or overweight goods or other types of goods using specialized ships;

b) To prevent, mitigate natural disasters, epidemics, or urgent humanitarian aid.

c) Clearing goods, passengers, and luggage blocked at ports.

2. The Director of the Maritime Port Control shall issue the Domestic Waterway Transport Permit to foreign ships transporting passengers and luggage from cruise ships to land and vice versa according to the form prescribed in Appendix II attached to this Circular when Vietnamese ships are unable to transport.

Chapter II

PROCEDURES FOR ISSUING PERMITS FOR FOREIGN SHIPS TO ENGAGE IN DOMESTIC WATERWAY TRANSPORT

Article 5. Application Documents for Foreign Ships to Engage in Domestic Waterway Transport

1. For the case prescribed in Clause 1, Article 4 of this Circular: The ship owner or the agent representing the foreign ship owner shall submit one set of application documents directly or through the postal service to the Vietnam Maritime Administration. The application documents include:

a) An application form according to the form prescribed in Appendix III attached to this Circular.

b) One copy of the Certificate of Ship Registration.

c) One set of ship inspection documents including certificates regarding the technical safety of the ship (photocopies).

d) One notarized copy of the agency agreement or one certified copy of the appointment letter of the agent representing the foreign ship owner (in the case where the applicant is the agent representing the foreign ship owner).

2. For the case prescribed in Clause 2, Article 4 of this Circular: The ship owner or the agent representing the foreign ship owner shall submit one set of application documents directly or through the postal service to the Maritime Port Control at the area where the cruise ship docks.

The application documents include the documents specified in point a and point d, Clause 1 of this Article and the detailed plan for transporting passengers and luggage from cruise ships to land and vice versa.

Article 6. Procedure for Accepting, Processing Applications, and Issuing Domestic Transport Permits

1. For cases stipulated in Clause 1, Article 4 of this Circular:

a) The Vietnam Maritime Administration shall accept and examine the application. In case the application is incomplete according to regulations, the Vietnam Maritime Administration shall be responsible for guiding organizations and individuals to complete the application; if the application is received through the postal system, it must provide written guidance within two working days.

b) Within three working days from the date of receiving a complete application according to regulations, the Vietnam Maritime Administration shall review and prepare a Review Report in accordance with the provisions of Clause 1, Article 4 of this Circular, and submit it along with the application for consideration and decision by the Ministry of Transport.

c) Within three working days from the date of receiving the review report from the Vietnam Maritime Administration, the agency assigned to review, advise, and submit to the Minister of Transport for consideration and issuance of the Domestic Transport Permit. If the permit is not issued, a written response must be provided with clear reasons stated.

d) The Ministry of Transport shall deliver the result through the postal system to the ship owner or their representative agent; simultaneously sending copies to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Maritime Administration for coordinated management and monitoring.

2. For cases stipulated in Clause 2, Article 4 of this Circular:

a) The Port Maritime Office shall accept and examine the application. In case the application is incomplete according to regulations, the Port Maritime Office shall be responsible for guiding organizations and individuals to complete the application; if the application is received through the postal system, it must provide written guidance within one working day.

b) Within three working days from the date of receiving a complete application according to regulations, the Port Maritime Office shall review and issue the Domestic Transport Permit. If the permit is not issued, a written response must be provided with clear reasons stated.

c) The Port Maritime Office shall deliver the result directly or through the postal system to the ship owner or their representative agent; simultaneously sending copies to the Vietnam Maritime Administration for reporting.

Article 7. Validity Period of Domestic Transport Permit

1. The validity period of the Domestic Transport Permit shall not exceed one year and applies to sea vessels serving one production facility or to types of sea vessels that are not yet available in Vietnam.

2. The validity period of the Domestic Transport Permit shall not exceed six months and applies to other types of sea vessels not covered by Clause 1 of this Article.

3. The validity period of the Domestic Transport Permit on a voyage basis applies to sea vessels transporting passengers and luggage from cruise ships to the mainland and vice versa.

Article 8. Revocation of Domestic Transport Permit

1. The Domestic Transport Permit shall be revoked in the following cases:

a) Sea vessels no longer meet the conditions for transporting goods, passengers, and luggage as prescribed by law.

b) Transporting goods, passengers, and luggage contrary to the purpose or not in accordance with the contents recorded in the Domestic Transport Permit for foreign sea vessels engaged in domestic transport.

c) Forgery, alteration, or intentional distortion of information related to sea vessels, transport routes, goods, passengers, and luggage.

2. Authority to Revoke Domestic Transport Permit:

The Minister of Transport or the Director of the Port Maritime Office shall revoke the Domestic Transport Permit for cases stipulated in Clause 1 of this Article.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of organizations and individuals related.

1. Responsibilities of organizations and individuals with foreign-flagged vessels participating in domestic transportation.

a) Must present the Domestic Transportation Permit to the Maritime Port Services Office and relevant agencies at the port when handling procedures for the vessel's entry and exit from the port.

b) Carry out domestic transportation strictly in accordance with the contents specified in the Domestic Transportation Permit.

2. Responsibilities of the agency receiving and processing applications.

a) Implement the receipt and processing of applications in accordance with the prescribed procedures, formalities, and timeframes set forth in this Circular.

b) Bear responsibility for all matters related during the application review process.

c) Compile information and statistical data related to freight rates, goods, passengers, luggage, and foreign-flagged vessels, as well as Vietnamese-flagged vessels. Report to the Ministry of Transport on the 25th of March, June, September, and December each year.

d) Shall not accept and process applications from organizations and individuals who violate Clause 1 of Article 8 of this Circular.

3. Responsibilities of the Vietnam Maritime Administration.

a) Direct maritime port services offices to conduct inspections and supervision to promptly identify violations involving foreign-flagged vessels engaged in domestic transportation.

b) Monthly compile and publish on the Vietnam Maritime Administration’s official website a list of foreign vessels participating in domestic transportation.

c) Serve as the central point for receiving all information regarding foreign vessels engaged in domestic transportation. Resolve according to their authority or report to higher authorities for handling cases of violation of this Circular and Vietnamese laws.

d) Annually report to the Ministry of Transport on the results of granting permission for foreign-flagged vessels to engage in domestic transportation.

Article 10. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Three Appendices are attached to this Circular as follows:

a) Appendix I: Sample of the Domestic Transportation Permit issued by the Ministry of Transport.

b) Appendix II: Sample of the Domestic Transportation Permit issued by the Maritime Port Services Office.

c) Appendix III: Application Form.

Article 11. Implementation Organization

The Director of the Ministry's Office, the Inspector General, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related shall be responsible for implementing this Circular./.