Circular No. 08/2022/TT-BGTVT Amending and Supplementing Certain Provisions of Circulars Related to Business Operations in the Maritime Sector

CIRCULAR

Amending and supplementing certain articles of Circulars related to business operations in the maritime sector

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Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Law on Inland Waterway Transport dated June 15,June 2024;2004; Law amending and supplementing certain articles of the Inland Waterway Transport Law dated June 17, 2014;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Head of the Ministry of TransportDirector of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular amending and supplementing certain articles of Circulars related to business operations in the maritime sector.

2. Amending and supplementing Article 7 as follows:

"1. Organizations and individuals submit directly or through the postal service to the maritime port authority region or submit online via the online public service system the application for registration of fixed passenger transport services, which includes:

a) The application for passenger transport activities as stipulated in Appendix II attached to this Circular;

b) Written agreement or contract with the port management organization for the vessel to pick up and drop off passengers;

c) Copies accompanied by the original for verification or electronic copies with legal validity issued by the competent authority, including: Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate, containing the transportation of passengers by inland waterways; Vessel Registration Certificate; Technical Safety and Environmental Protection Certificate of the vessel still valid and suitable for the route of operation."

2. Amending and supplementing Clause 3 of Article 3 as follows:

"3. Within no more than five working days from the date of receipt of complete files as prescribed in Clause 1 and Clause 2 of this Article, the maritime port authority region shall examine the files. If the files are complete as prescribed, it shall issue a written approval sent directly or through the postal service or submitted online via the online public service system to the organization or individual providing fixed passenger transport services on the route. In case the files are incomplete or invalid, they shall be returned along with a clear explanation of the reasons."

1. Amending and supplementing Clause 4 of Article 6 as follows:

"4. One (1) copy from the original book or a copy and presentation of the original for verification or an electronic copy with legal validity issued by the competent authority, including one of the following documents: Agency Contract or Letter of Authorization representing the foreign shipowner (in case the applicant is an agent representing the foreign shipowner) or Charter Party between the foreign shipowner and a Vietnamese legal entity."

2. Amending and supplementing Clause 1, Clause 2, and Clause 5 of Article 7 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The shipowner or the agent representing the foreign shipowner or a Vietnamese legal entity chartering the ship from the foreign shipowner shall submit one (1) set of files as prescribed in Article 6 of this Circular directly or through the postal service to the Vietnam Maritime Administration or submit online via the online public service system;"

b) Amend and supplement Clause 2 as follows:

"2. The Vietnam Maritime Administration shall receive and check the files. In case of direct submission, the staff receiving the files must check and clearly inform the submitter of any necessary supplements or amendments (if any). In case of submission through the postal service or online public service system, if the files are incomplete within two (2) working days from the date of receipt, the Vietnam Maritime Administration shall clearly inform the necessary supplements or amendments. For online submissions, the notification method shall comply with the provisions of Government Decree No. 61/2018/NĐ-CP dated April 23, 2018 on the implementation of a single window mechanism in administrative procedures and Government Decree No. 107/2021/NĐ-CP dated December 6, 2021 amending and supplementing some articles of Government Decree No. 61/2018/NĐ-CP dated April 23, 2018 on the implementation of a single window mechanism in administrative procedures."

c) Amending and supplementing Clause 5 as follows:

"5. The Ministry of Transport shall deliver the results through the postal service or online via the online public service system to the shipowner or the agent representing the foreign shipowner; at the same time, send copies to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Maritime Administration for coordination and monitoring."

3. Amending and supplementing Clause 1, Clause 2, and Clause 5 of Article 9 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The shipowner or the agent representing the foreign shipowner shall submit one (1) set of files as prescribed in Article 8 of this Circular directly or through the postal service to the Vietnam Maritime Administration or submit online via the online public service system."

b) Amend and supplement Clause 2 as follows:

"2. The Vietnam Maritime Administration shall receive and check the files. In case of direct submission, the staff receiving the files must check and clearly inform the submitter of any necessary supplements or amendments (if any). In case of submission through the postal service or online public service system, if the files are incomplete within one (1) working day from the date of receipt, the Vietnam Maritime Administration shall clearly inform the necessary supplements or amendments. For online submissions, the notification method shall comply with the provisions of Government Decree No. 61/2018/NĐ-CP dated April 23, 2018 on the implementation of a single window mechanism in administrative procedures and Government Decree No. 107/2021/NĐ-CP dated December 6, 2021 amending and supplementing some articles of Government Decree No. 61/2018/NĐ-CP dated April 23, 2018 on the implementation of a single window mechanism in administrative procedures."

c) Amending and supplementing Clause 5 as follows:

"5. The Ministry of Transport shall deliver the results through the postal service or online via the online public service system to the shipowner or the agent representing the foreign shipowner; at the same time, send copies to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Maritime Administration for coordination and monitoring."

4. Amending and supplementing Clause 4 of Article 10 as follows:

"4. One (1) copy from the original book or a copy and presentation of the original for verification or an electronic copy with legal validity issued by the competent authority, including one of the following documents: Agency Contract or Letter of Authorization representing the foreign shipowner (in case the applicant is an agent representing the foreign shipowner)."

5. Amending and supplementing Clause 1, Clause 2, and Clause 4 of Article 11 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The shipowner or the agent representing the foreign shipowner shall submit one (1) set of files as prescribed in Article 10 of this Circular directly or through the postal service to the Port Maritime Authority in the area where the cruise ship docks or submit online via the online public service system."

b) Amend and supplement Clause 2 as follows:

"2. The Maritime Port Office shall receive and examine the file. In cases where the file is received directly, the staff member receiving the file must check it and clearly inform the submitter of the contents that need to be supplemented or amended (if any). In cases where the file is received through the postal system or through the online public service system and is found to be incomplete, within 01 (one) working day from the date of receipt of the file, the Maritime Port Office shall clearly notify the contents that need to be supplemented or amended. For files submitted through the online public service system, the form of notification shall be carried out in accordance with the provisions of Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementing the single-window mechanism in administrative procedures and Decree No. 107/2021/ND-CP dated December 6, 2021 of the Government amending and supplementing certain articles of Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government on implementing the single-window mechanism in administrative procedures."

c) Amend and supplement Clause 4 as follows:

"4. The Maritime Port Office shall return the result directly or through the postal system or online through the online public service system to the ship owner or the agent representing the ship owner; at the same time, send a copy to the Vietnam Maritime Administration for reporting."

Article 3. Effective date

1. This Circular takes effect from June 16, 2022.

2. The Circular No. 48/2018/TT-BGTVT dated August 31, 2018 of the Minister of Transport amending and supplementing certain articles of Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport on the procedures for issuing Domestic Sea Transport Permits for foreign ships is hereby abolished.

Article 4. Implementation organization

The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Vietnam Ship Survey Bureau, the Directors of the Provincial Departments of Transport under the central government, the Heads of agencies, units and organizations, and related individuals are responsible for implementing this Circular./.