Decree No. 111/2014/ND-CP on the service life of inland waterway vessels and the service life of imported vessels

DECREE

Regulations on the service life of inland waterway vesselsand the service life of imported waterway vessels

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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;

At the proposal of the Minister of Transport,

The Government issues this Decree to regulate the service life of inland waterway vessels operating in Vietnam and the service life of imported waterway vessels permitted to operate as inland waterway vessels in Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates the service life of inland waterway vessels operating in Vietnam and the service life of imported waterway vessels permitted to be used as inland waterway vessels operating in Vietnam.

2. This Decree does not apply to inland waterway vessels used for national defense, security purposes, fishing vessels, and foreign inland waterway vessels transiting through the territory of Vietnam.

Article 2. Applicability

1. Regarding the service life of inland waterway vessels: This Decree applies to organizations and individuals who are owners or managers operating inland waterway vessels in Vietnam, including the following types of vessels:

a) Hazardous cargo ships, oil tankers, liquefied gas carriers;

b) Tourist vessels with overnight accommodation, floating hotels, floating restaurants;

c) Passenger vessels that are not tourist vessels with overnight accommodation, floating hotels, floating restaurants, high-speed passenger vessels, hovercrafts;

d) High-speed passenger vessels;

đ) Hovercrafts.

2. Regarding the service life of imported waterway vessels: This Decree applies to organizations and individuals who are owners, importers, or lessees managing and operating inland waterway vessels in Vietnam, including all types of inland waterway vessels.

3. In cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions, such treaty provisions shall apply.

Article 3. Explanation of Terms

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

1. The service life of inland waterway vessels is the maximum period measured in years during which inland waterway vessels are allowed to operate.

2. The service life of imported waterway vessels is the maximum period measured in years during which imported waterway vessels that have been operated are allowed to be imported into Vietnam, hereinafter referred to as the age of imported waterway vessels.

3. A passenger vessel is an inland waterway vessel with a capacity of more than 12 people.

4. A passenger-carrying vessel is an inland waterway vessel with a capacity of up to 12 people.

5. A high-speed passenger vessel is a passenger vessel inspected and certified by the Vietnamese Inspection Authority as complying with national technical standards for classification and construction of high-speed watercraft; it operates in planing mode where the hull is completely lifted off the water surface due to aerodynamic lift generated by surface effect, achieving a maximum speed of 30 km/hour or more under full load conditions.

6. An air cushion vessel is an inland waterway vessel where the entire or major part of its weight can be lifted up while stationary or moving due to continuous air cushion generated to lift the vessel above the water surface and run on it.

7. A tourist vessel with overnight accommodation is an inland waterway passenger vessel carrying tourists, equipped with sleeping cabins, and on its route, it stops at locations for tourists to sleep overnight.

8. A floating hotel is an inland waterway vessel carrying tourists for lodging, equipped with sleeping cabins, registered for hotel business, moored at a location on inland waterways and capable of moving from one mooring point to another when necessary.

9. A floating restaurant is an inland waterway vessel carrying passengers, registered for floating restaurant business providing meals on board without arranging sleeping cabins for lodging on the vessel.

Chapter II
SERVICE LIFE OF INLAND WATERWAY VESSELS AND AGEOF IMPORTED WATERWAY VESSELS PERMITTED TO BE IMPORTED

Article 4. Service Life of Inland Waterway Vessels

1. The service life of inland waterway vessels shall be regulated as follows:

2. In certain special cases, the Prime Minister shall decide on the service life of inland waterway vessels based on the proposal of the Minister of Transport.

Article 5. Age Limit for Imported Vessels

1. The age limit for imported vessels for passenger ships and people carriers shall not exceed ten years, while for other vessels it shall not exceed fifteen years.

2. It is not permitted to import tourist vessels for overnight stays, floating restaurants, floating hotels with wooden hulls, and vessels without sufficient basis to determine the year of construction.

3. In certain special cases, the Prime Minister shall decide on the age limit for imported vessels based on the proposal of the Minister of Transport.

Article 6. Time of Calculation of Service Life

1. The service life of inland waterway vessels is calculated from the year of construction of the vessel. The determination of the year of construction is carried out in accordance with Article 7 of this Decree.

2. The age of imported vessels is calculated from the year of construction until the year of declaration of customs clearance for the vessel in Vietnam.

Article 7. Year of Construction of Vessels

1. For inland waterway vessels constructed domestically, the year of construction is determined as the year when the vessel is issued the registration inspection file after completion of construction.

2. For imported vessels, the year of construction is determined as the year recorded in the registration inspection file or the file issued by the management authority of the country where the vessel was constructed.

Chapter III
RESPONSIBILITY FOR IMPLEMENTATION

Article 8. Ministry of Transport

1. Organizes and guides the implementation of this Decree.

2. Reviews and improves relevant technical standards related to the service life of inland waterway vessels in Vietnam.

3. Conducts inspections, checks, and handles violations of inland waterway vessels in accordance with this Decree and other relevant laws.

Article 9. Ministry of Public Security

Cooperates with the Ministry of Transport in inspecting, checking, and handling violations of inland waterway vessels in accordance with this Decree and other relevant laws.

Article 10. Ministry of Finance

Guides customs procedures related to the importation of vessels in accordance with this Decree and other relevant laws.

Article 11. People's Committees of Provinces and Central Cities

1. Based on their functions, tasks, and authorities as prescribed, they organize the implementation of this Decree.

2. Directs local functional agencies to conduct inspections, checks, and handle violations of inland waterway vessels in accordance with this Decree and other relevant laws.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect from January 5, 2015.

Article 13. Transitional Provisions

1. As of the date this Decree takes effect, the service life of high-speed passenger vessels will be extended as follows:

a) Vessels that have exceeded their service life before January 5, 2015, may continue operations until December 31, 2016.

b) Vessels that exceed their service life from January 5, 2015, to before January 5, 2016, may continue operations until December 31, 2017.

c) Vessels that exceed their service life from January 5, 2016, to before January 5, 2017, may continue operations until December 31, 2018.

d) Vessels that exceed their service life from January 5, 2017, will not be allowed to extend their operational period beyond this time.

2. As of the date this Decree takes effect, the service life of inland waterway vessels specified in Article 4 of this Decree, except for high-speed passenger vessels, will be extended as follows:

a) Vessels that have exceeded their service life before January 5, 2015, may continue operations until December 31, 2019.

b) Vessels that exceed their service life from January 5, 2015, to before January 5, 2016, may continue operations until December 31, 2020.

c) Vessels that exceed their service life from January 5, 2016, to before January 5, 2017, may continue operations until December 31, 2021.

d) Vessels that exceed their service life from January 5, 2017, to before January 5, 2018, may continue operations until December 31, 2022.

đ) Vessels that exceed their service life from January 5, 2018, to before January 5, 2019, may continue operations until December 31, 2023.

e) Vessels that exceed their service life from January 5, 2019, to before January 5, 2020, may continue operations until December 31, 2024.

g) Vessels that exceed their service life from January 5, 2020, will not be allowed to extend their operational period beyond this time.

3. As of the date this Decree takes effect, the service life of inland waterway vessels without sufficient basis to determine the year of construction will be extended as follows:

a) High-speed passenger vessels may continue operations until December 31, 2016.

b) Inland waterway vessels specified in Article 4 of this Decree, except for high-speed passenger vessels, may continue operations until December 31, 2019.

4. For vessels that have signed import contracts to Vietnam before the effective date of this Decree, the age limit for imported vessels will not apply, but the service life of inland waterway vessels as stipulated in Article 4 of this Decree must be applied when operating on inland waterways in Vietnam.

5. The means prescribed in Clauses 1, 2, 3, and Clause 4 of this Article must ensure technical safety and environmental protection in accordance with the provisions.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

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