Circular No. 08/2012/TT-BGTVT guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on Inland Waterway Transport On the basis of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on Inland Waterway Transport signed on December 17, 2009, which became fully effective from January 20, 2011;

The Minister of Transport hereby issues this Circular to provide guidelines for implementing certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on Inland Waterway Transport signed on December 17, 2009.

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

This Circular provides detailed guidance on certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on Inland Waterway Transport (hereinafter referred to as the "Agreement").

PART I

GENERAL PROVISIONS

1. This Circular applies to organizations and individuals related to inland waterway transport activities between Vietnam and Cambodia.

Article 2. Applicability

a) Ships of international organizations, diplomatic missions of the Government, and rescue ships of Vietnam and Cambodia;

b) Household means of transportation of residents living in border areas.

Article 3. Scope of Operation of Vessels

2. Cambodian vessels entering Vietnam may not transport goods or passengers between two points within Vietnam's territory and may only operate back and forth along the waterways and ports in Vietnam as specified in Clause 2 and Clause 4.2 of Appendix I attached hereto.

1. Vessels engaged in cross-border inland waterway transport must present to competent authorities upon request the following valid documents:

Article 4. Regulations for vehicles

b\. Safety and technical inspection certificate and environmental protection certificate issued by the competent authority or delegated agencies of the state where the vessel is registered;

c\. Border transport permit issued by the competent authority;

d) A cargo list and/or passenger manifest with detailed passport information;

e) A crew list with full positions, certificates of competence, passports, and international vaccination certificates of crew members;

e\. Crew list with full positions, certificates of professional qualifications, professional certificates as prescribed, passports, and international vaccination certificates of crew members;

g) Customs declaration forms for goods;

h) Animal and plant quarantine certificates (as prescribed by relevant regulations).

2. Cambodian vessels entering Vietnam may remain in Vietnamese territory for the duration specified in the Permit. In cases of legitimate reasons (such as natural disasters, accidents, malfunctions that cannot be repaired promptly), the inland waterway port authority where the vessel encountered problems shall consider extending the duration.

a\. Passport or international travel document issued by the competent authority (for crew members of inland waterway vessels); passport or international travel document issued by the competent authority and seaman’s book (for crew members of transiting sea vessels);"

b) Relevant certificates of competence.

2. For passengers and service personnel, they must present a passport or other document recognized as equivalent to a passport issued by a competent authority.

3. Seafarer’s passports are issued by the Vietnam Maritime Administration in accordance with current regulations governing seafarer’s passports.

ISSUANCE OF CROSS-BORDER INLAND WATERWAY TRANSPORT PERMITS FOR VESSELS

Chapter II

ISSUE OF PERMITS FOR CROSSING THE BORDER IN WATERWAY TRANSPORT FOR VEHICLES

Article 6. Documents for Application for Issuance of Permit

a) Group 1: Permit for multiple trips with a maximum validity period of twelve (12) months.

b) Group 2: Permit for single trip with a maximum validity period of sixty (60) days.

c) Special Group: Permit for dangerous cargo transport vessels with a maximum validity period of sixty (60) days.

a) Application form for issuance of international inland waterway transport permit according to the model prescribed in Appendix III issued together with this Circular;

b) Copy of the vessel registration certificate;

c) Copy of the technical safety and environmental protection certificate;

1. The Vietnam Inland Waterways Administration is the competent authority for issuing international inland waterway transport permits for vessels operating under Groups 1 and Special Group as stipulated in Clause 1, Article 6 of this Circular.

2. The Ministry of Transport delegates provincial and centrally-administered city Departments of Transport to be the competent authorities for issuing international inland waterway transport permits for Group 2 for vessels under local management as stipulated in Clause 1, Article 6 of this Circular.

1. Organizations and individuals submit directly one (01) set of application documents for issuance of international inland waterway transport permit or send through postal service to the competent authority for issuing permit as prescribed in Article 7 of this Circular.

2. The competent authority for issuing permit receives, examines the application documents and issues international inland waterway transport permit for vessels according to regulations. If the application documents are incomplete, the competent authority will guide directly or in writing within one (01) working day. Within three (03) working days from the date of receiving complete application documents, the issuing authority will review the application documents and issue the international inland waterway transport permit. If the permit is not issued, it must be replied in writing and specify the reasons.

Article 9. Revocation and Reissuance of International Inland Waterway Transport Permit for Transport Vessels

2. When the permit expires or the permit is damaged or lost, organizations and individuals shall prepare the application documents for issuance of permit according to Articles 6, 7, and 8 of this Circular.

Article 10. Procedures for Extending Stay Period in Vietnam for Cambodian Transport Vessels

1. Cambodian vessels exceeding the stay period in Vietnam due to valid reasons (such as natural disasters, accidents, breakdowns...) may be extended once with a duration not exceeding thirty (30) days from the expiry date.

a) Organizations and individuals submit one (01) set of documents directly to the Inland Waterway Port Office where the vessel encountered the incident;

Chapter III

EFFECTIVE DATE AND IMPLEMENTATION

Article 11. Effective Date

1. This Circular takes effect from June 1, 2012; abolishes Clause 2, Article 4 of Circular No. 20/2011/TT-BGTVT dated March 31, 2011 of the Minister of Transport regarding domestic inland waterway passenger transport.

a) Appendix I: List of inland waterway routes specifying transit routes and ports, wharfs, port clusters;

b) Appendix II: Passenger list for fixed routes;

c) Appendix III: Application for issuance of international inland waterway transport permit;

d) Appendix IV: Application for extension of Cambodian-Vietnam international inland waterway transport permit;

đ) Appendix V: International inland waterway transport permit.

Article 12. Responsibility for Implementation and Organization of Enforcement

3. The Heads of the Ministry's Office, the Inspectorate General, Department Directors under the Ministry, the Director of the Vietnam Inland Waterway Administration, the Directors of Departments of Transport, related agencies, organizations, and individuals shall be responsible for implementing this Circular.