Decree No. 110/2014/ND-CP on Conditions for Operating Domestic Waterway Transport

DECREE

Regulations on conditions for inland waterway transport business

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to the Enterprise Law dated November 29, 2005;

On the basis of Law on Cooperatives dated November 20, 2012;

Pursuant to the Tourism Law on June 14, 2005;

At the proposal of the Minister of Transport,

The Government issues a Decree stipulating conditions for inland waterway transport business.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions for inland waterway transport business, including passenger transport and cargo transport.

Article 2. Applicability

This Decree applies to organizations and individuals related to inland waterway transport business using inland waterway vessels (hereinafter referred to as vessels).

This Decree does not apply to organizations and individuals related to passenger transport business in inland waterways within closed tourist areas.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A transport business entity is a company, cooperative, or household engaged in transport business using inland waterway vessels.

2. Inland waterway transport business is the activity of a business entity using inland waterway vessels to transport passengers and goods with charges for transport services.

3. A fixed route for inland waterway transport is a route approved or announced by the competent authority, determined by the departure port or wharf and the arrival port or wharf.

Article 4. Forms of inland waterway transport business

Inland waterway transport business includes the following forms:

1. Passenger transport business along fixed routes;

2. Passenger transport business under charter contracts;

3. Tourist passenger transport business;

4. River-crossing passenger transport business;

5. Cargo transport business.

Chapter II

CONDITIONS FOR INLAND WATERWAY TRANSPORT BUSINESS

Article 5. General Conditions

An inland waterway transport business entity must meet the following conditions:

1. Registering business in the field of inland waterway transport.

2. Vessels must ensure technical safety and environmental protection as prescribed; they must be suitable for the form and business plan.

3. Crew members must have professional certificates as prescribed. Crew members must meet health standards set by the Ministry of Health.

4. Crew members and service staff must have written labor contracts with the transport business entity according to the model of the Ministry of Labor, Invalids, and Social Affairs (except in cases where they are also the head of the business household or parents, spouse, or children of the head of the business household).

5. Purchase civil liability insurance for the vessel owner concerning passengers and third parties.

Article 6. Conditions for passenger transport business along fixed routes

A passenger transport business entity along fixed routes must ensure the following conditions:

1. Meet all conditions stipulated in Article 5 of this Decree.

2. Have approval documents for the operating route and the exploitation plan of the competent authority at the place where the business entity submits the application for inland waterway passenger transport business along fixed routes. The Ministry of Transport guides the procedures for registering the operating route for inland waterway passenger transport business along fixed routes.

3. Service staff on board the vessel must be trained in their duties and legal regulations governing transport activities as prescribed by the Ministry of Transport.

4. The transport manager must have a professional level in transport from a college diploma or higher, or a higher education level in other economic or technical fields.

5. Have mooring facilities suitable for the exploitation plan of the route and ensuring traffic safety requirements, fire prevention, explosion prevention, and environmental protection as prescribed.

6. Vessels must be equipped with Automatic Identification System (AIS) devices when operating on routes from the shore to islands or between islands.

7. Have a department managing and monitoring traffic safety conditions.

Article 7. Conditions for operating passenger transport by contract trip

The business entity operating passenger transport by contract trip must ensure the following conditions:

1. Meet all conditions stipulated in Article 5 of this Decree.

2. Have a contract with the transportation lessee.

3. Service staff on board the vessel must be trained in their duties and legal regulations governing transport activities as prescribed by the Ministry of Transport.

4. The transport manager must have a professional level in transport from a college diploma or higher, or a higher education level in other economic or technical fields.

5. The means of transport must be equipped with an automatic identification system - AIS when operating on routes from the mainland to islands or between islands.

6. Have a department managing and monitoring traffic safety conditions.

Article 8. Conditions for operating tourist passenger transport

The business entity operating tourist passenger transport must ensure the following conditions:

1. Must meet all conditions prescribed in Article 7 of this Decree.

2. The means of transport must be issued a special sign for tourist passenger transport according to the regulations of the Ministry of Transport.

3. Staff serving on tourist passenger transport means of transport must be trained in tourism operations according to relevant laws on tourism.

Article 9. Conditions for operating cross-river passenger transport

The business entity operating cross-river passenger transport must ensure the following conditions:

1. The business entity must be approved by the competent authority for cross-river passenger transport according to the regulations. The Ministry of Transport will guide the procedures for approval of cross-river passenger transport.

2. Must pick up and drop off passengers at wharfs that have been granted permission to operate by the competent authority.

3. The means of transport must ensure technical safety and environmental protection.

4. Crew members and drivers of the means of transport must hold professional certificates.

Article 10. Conditions for operating cargo transport

The business entity operating cargo transport must ensure the following conditions:

1. Meet all conditions stipulated in Article 5 of this Decree.

2. For operating dangerous goods transport, it must comply with the provisions of the law on dangerous goods transport. Transportation of goods with potential environmental hazards must meet the requirements for environmental protection as stipulated in Article 74 of the Environmental Protection Law 2014.

Chapter III

RESPONSIBILITY FOR IMPLEMENTATION

Article 11. Ministry of Transport

1. Uniformly manage inland waterway transport business activities as prescribed in this Decree.

2. Direct, guide, and organize the implementation of the provisions of this Decree.

3. Organize inspections, checks, and handle violations of the implementation of business operation and business conditions for inland waterway transport as prescribed in this Decree and other related laws.

4. Guide procedures for approving inland waterway transport; conditions for departments managing and monitoring traffic safety conditions; installation, management, and use of automatic identification systems; training in professional and technical skills for inland waterway transport operations.

Article 12. Ministry of Public Security

Take the lead or coordinate with the Ministry of Transport to inspect inland waterway transport business activities and handle violations according to the law.

Article 13. Ministry of Culture, Sports and Tourism

Coordinate with the Ministry of Transport to guide tourist passenger transport businesses using inland waterway transport means to implement the provisions of this Decree and other related laws.

Article 14. Ministry of Information and Communications

Lead and coordinate with the Ministry of Transport to guide the management of frequency usage, telecommunications infrastructure, and other communication equipment used in the management and operation of inland waterway transport business activities; national technical standards for automatic identification systems.

Article 15. Ministry of Health

Issuing regulations on standards for health examinations and regulations on healthcare facilities conducting health examinations for seafarers and inland waterway vessel operators.

Article 16. Ministry of Labor - Invalids and Social Affairs

1. Taking the lead and coordinating with the Ministry of Transport to guide the implementation of legal provisions regarding labor contracts, social insurance, health insurance, and other benefits for workers engaged in inland waterway passenger transport business.

2. Coordinating with the Ministry of Transport to guide the implementation of legal provisions concerning policies and benefits for persons with disabilities, elderly individuals, and other policy beneficiaries when using inland waterway passenger transport services.

Article 17. Provincial People's Committee

1. Managing the operation of passenger transport businesses within tourist areas and river passenger terminals.

2. Managing the operation of inland waterway transport businesses in accordance with this Decree and other relevant legal provisions.

3. Organize inspections, checks, and handle violations of the implementation of business operation and business conditions for inland waterway transport as prescribed in this Decree and other related laws.

Article 18. Inspection System for Business Conditions of Transport Businesses

1. Transport businesses are subject to inspection by competent authorities regarding compliance with business and operating conditions for inland waterway transport.

2. Forms of Inspection:

a) Periodic inspection;

b) Surprise inspections shall be conducted when serious traffic accidents occur, complaints or reports are made, or there are indications that the business conditions and operating conditions for inland waterway transport have not been fully implemented.

3. The Minister of Transport and the Chairman of the People's Committee of provinces have the responsibility to direct functional agencies to organize inspections to ensure compliance with business conditions for inland waterway transport businesses.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Transitional Provisions

1. Transport businesses operating inland waterway transport before the effective date of this Decree may continue their operations.

2. From January 5, 2015 to December 31, 2016, transport businesses mentioned in Clause 1 of this Article must meet all conditions stipulated in this Decree.

Article 20. Effective Date

This Decree takes effect from January 5, 2015; Article 10 of Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government detailing certain provisions of the Law on Inland Waterway Traffic Management is hereby repealed.

Article 21. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree./.