Circular No. 04/2014/TT-BGTVT on Conditions and Procedures for Issuing Import Permits for Maritime Safety Signals

CIRCULAR

Specifies conditions and procedures for issuing import permits for maritime safety signal flaresDeputy ministers of ministerial-level agencies, customary issuance of import permit for fireworks

for maritime safety

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Based on Decree No. 107/2012/NĐ-CP dated December 20June 2024;2, which stipulates functions, tasks, powers, and organizational structure1187/2013/NĐ-CP dated December 20of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs4. Circular No. 34/2013/TT-BGTVT dated October 15, 2013 of the Minister of the Ministry of Transport stipulating the tasks, powers, and organization of the Inspectorate of the Vietnam Maritime Administration.

Pursuant to DecreeNo. 2013, which provides detailed implementation of the Law on Trade regarding international purchasing activities 11 and salesJune 2024;and related agency services for purchase, sale, processing, and issued quality control lAt the request of the Director of the Department of Planning and Investment,June 2024; for goods with foreign countries;

The Minister of Transport issues this Circular to specify conditions and procedures for issuing Import Permits for maritime safety signal flares.policies Investment Planning,

This Circular applies to organizations and individuals involved in importing maritime safety signal flares.onMaritime safety signal flares include parachute flares, hand-held flares, and smoke signals that meet the requirements set forth in Chapter III of the International Convention for Safety of Life at Sea (LSA Code) of the International Maritime Organization.rime Minister cArticle 2.

2. The staff member receiving the application shall compare the information in the citizen's application file with the information in the National Population Database and the Citizen Identification Card Database and handle as follows:无效ealth

This Circular applies to organizations and individuals involved in importing maritime safety signal flares.

3. Amend Clause 3 Article 2 as follows:iArticle 3. DApplicability

Maritime safety signal flares include parachute flares, hand-held flares, and smoke signals that meet the requirements set forth in Chapter III of the International Convention for Safety of Life at Sea (LSA Code) of the International Maritime Organization.

Article 3. Explanation of Terms

Conditions for Issuing the Permit

Article 4Organizations and individuals wishing to import maritime safety signal flares must satisfy the following conditions:

1. Possess a Business Registration Certificate (or Investment Certificate) indicating business activities related to marine equipment, materials, and shipbuilding.

2. Hold a certificate from the competent authority of the producing country confirming that the maritime safety signal flares have been tested and comply with the provisions of Resolution MSC.81(70) of the International Maritime Organization dated December 11, 1998.

Article 5. Procedures for Issuing the Permit

1. Organizations and individuals wishing to import maritime safety signal flares shall submit one set of application documents directly or through postal service to the Ministry of Transport. The application package includes:

a) A written request for importing maritime safety signal flares specifying the type, quantity, producing country, product specifications, characteristics, and usage period of each type; and the importation deadline;

b) A certified copy of the Business Registration Certificate (or Investment Certificate);

c) An officially certified translation of the Certificate of Origin issued by the competent authority of the producing country confirming that the maritime safety signal flares have been tested and comply with the provisions of Resolution MSC.81(70) of the International Maritime Organization dated December 11, 1998;

d) A report from the organization or individual detailing the implementation of the previous year's import permit and the tracking record of the import permit from the Customs Office (if available).

2. The Ministry of Transport will review the application. If the application is incomplete within five working days from receipt, the Ministry will issue a written request for supplementation and completion of the application. If the application is complete and valid, the Ministry will forward it to the Ministry of National Defense for comments within five working days. Within five working days from receipt of the Ministry of Transport’s letter, the Ministry of National Defense (or authorized agency) will provide a written response. Within five working days from receipt of the Ministry of National Defense’s letter, if the Ministry of National Defense agrees, the Ministry of Transport will issue the permit according to the model attached to this Circular. In cases where the Ministry of National Defense does not respond within the specified time frame, the Ministry of Transport will decide on issuing the permit based on the actual needs of the organization or individual. If the permit is not granted, the Ministry of Transport will provide a written refusal with specific reasons.

3. The Ministry of Transport will not issue an import permit for maritime safety signal flares in the following situations:

a) Signal flares that have exceeded their usage period or certificates of origin issued by unauthorized authorities.

b) Application documents showing signs of forgery.

c) Disagreement from the Ministry of National Defense.

d) Clear and reasonable grounds for refusing to issue the permit.

4. The validity period of the permit: as requested by the importer, but not extending beyond the next calendar year.

4. Term of validity of the Permit: as requested by the organization or individual importing, but not extended into the following year after the year the Permit was issued.

Article 6. Effectiveness 1. This Circular takes effect from February 15, 2026; Circular No. 24/2013/TT-BKHCN dated September 30, 2013 of the Minister of Science and Technology on activities related to calibration, verification, testing of measuring instruments, and measurement standards shall cease to be effective from the date this Circular takes effect.

This Circular shall take effect from May 15, 2014, and replace Decision No. 20/2006/QĐ-BGTVT dated May 4, 2006, issued by the Minister of Transport regarding conditions, standards, and procedures for issuing Import Permits for maritime safety signals.

Article 7. Implementation Organization

1. The Planning and Investment Department shall be the advisory body responsible for implementing the issuance of Permits to organizations and individuals as prescribed in this Circular.

2. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the General Directors of the Vietnam Highway Administration, the Heads of the Ministries' Bureaus, the Heads of relevant agencies, organizations, and individuals shall be responsible for enforcing this Circular./.