Circular No. 10/2024/TT-BGTVT Amending and supplementing certain provisions of Circulars regulating the management of inland waterway transport routes from the mainland to islands within Vietnam's territorial waters

CIRCULAR

Amending and supplementing certain provisions of Circulars on management of routes for waterway transport from mainland to islands in Vietnam's territorial waters
Amending and supplementing certain provisions of Circulars on management of routes for waterway transport from mainland to islands in Vietnam's territorial waters

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Pursuant to the proposal of the Director of the Transport Department, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Inland Waterways Administration;

The Minister of Transport issues this Circular amending and supplementing certain provisions of Circulars on management of routes for waterway transport from mainland to islands in Vietnam's territorial waters.

"Article 3. Procedures for registering fixed passenger transport services on routes for waterway transport from mainland to islands

The procedures for registering fixed passenger transport services on routes for waterway transport from mainland to islands prescribed in Appendix I attached hereto shall be implemented as follows:
1. Organizations and individuals submit registration files for fixed passenger transport services directly or through postal services or through online public service systems or other appropriate methods to the Department of Transport, the file includes:
a) A registration form for passenger transport activities according to the model prescribed in Appendix II attached hereto;
b) Original or electronic copy or certified electronic copy or certified electronic copy with written agreement or contract with port management organizations for vessels to pick up and drop off passengers;
c) Present original for inspection (in case of direct submission) or electronic copy or certified electronic copy or certified electronic copy (in case of submission through postal services, through online public service systems or other appropriate methods), including: Certificate of vessel registration; Valid technical safety and environmental protection certificate of the vessel consistent with the route of operation.
2. Implementation procedure: The Department of Transport receives, checks the file and processes as follows:
a) In case of direct submission: if the file does not comply with regulations, it will be returned immediately and the organization or individual will be guided to complete the file; if the file complies with regulations, within no more than three working days from the date of receiving all necessary documents, the Department of Transport sends a written request for opinion of the Marine Port Office of the region, the Inland Waterway Port Office under the Vietnam Inland Waterways Administration (hereinafter referred to as the Port Office) where the waterway transport route from mainland to islands passes. The Port Office is responsible for replying in writing within three working days from the date of receipt of the document;
b) In case of submission through postal services or through online public service systems or other appropriate methods: if the file does not comply with regulations, within two working days from the date of receipt of the file, the Department of Transport must send a written document to the organization or individual requesting supplementation and completion of the file. Within thirty days from the date of issuing the notification document, if the organization or individual does not complete or supplement the file, the Department of Transport will terminate the processing of the file. If the organization or individual wishes to continue the registration process for fixed passenger transport services, they must start over according to regulations.

If the file complies with regulations, within no more than three working days from the date of receiving all necessary documents, the Department of Transport sends a written request for opinion of the Port Office where the waterway transport route from mainland to islands passes. The Port Office is responsible for replying in writing within three working days from the date of receipt of the document;

3. Within no more than three working days from the date of receiving the reply document from the agency or unit specified in Clause 2 of this Article, the Department of Transport examines and issues a written approval according to the model prescribed in Appendix II attached hereto, sent directly or through postal services or sent online through the online public service system to the organization or individual providing fixed passenger transport services on the route. In case of disapproval, a written reply stating the reasons will be issued."

Article 2. Replacing and Revoking Certain Clauses and Annexes of Circular No. 16/2013/TT-BGTVT and Circular No. 24/2022/TT-BGTVT

1. Replace Annex I of Circular No. 16/2013/TT-BGTVT (which has been replaced by Clause 7, Article 1 of Circular No. 24/2022/TT-BGTVT) with Annex I issued together with this Circular.

2. Replace Annex III of Circular No. 16/2013/TT-BGTVT (which has been supplemented by Clause 8, Article 1 of Circular No. 24/2022/TT-BGTVT) with Annex II issued together with this Circular.

3. Revoke Clause 2, Article 1 of Circular No. 24/2022/TT-BGTVT.

Article 3. Effectiveness

This Circular takes effect from June 1, 2024.

Article 4. Organization of Implementation

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