Decree No. 115/2007/ND-CP stipulates conditions for operating marine transportation services in Vietnam, including ship agency services, port towing assistance services, and other services. This decree applies to domestic organizations and individuals conducting business and requires that the proportion of foreign investment capital not exceed 49%.
适用范围
Organizations and individuals operating marine transportation services in Vietnam.
要点
- Organizations and individuals operating ship agency services must establish a business enterprise in accordance with the provisions of the law and the proportion of foreign capital contribution shall not exceed 49% of the total charter capital.
- Organizations and individuals operating port towing assistance services in Vietnamese seaports must also establish a business enterprise in accordance with the provisions of the law, the proportion of foreign capital contribution shall not exceed 49%, and they must have registered towing vessels flying the flag of Vietnamese shipping nationality.
- Organizations and individuals operating other marine transportation services shall comply with commitments made between Vietnam and the World Trade Organization (WTO) and international treaties to which the Socialist Republic of Vietnam is a party.
- The Minister, the Chairman of the People's Committee of provinces and centrally governed cities, and the heads of specialized state management agencies in the maritime sector are responsible for inspecting compliance with business conditions of organizations and individuals as prescribed in this Decree.
- Organizations and individuals violating the provisions of this Decree will be subject to disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, compensation must be provided.
🌐 本文件的社会影响
- This Decree establishes a clear legal framework for operating marine transportation service businesses, helping to ensure quality and safety in the industry.
- However, the requirement that the proportion of foreign investment capital not exceed 49% may limit the participation of foreign investors in this market.
❓ 常见问题
What conditions must organizations and individuals operating ship agency services comply with?
Organizations and individuals operating ship agency services must establish a business enterprise in accordance with the provisions of the law and the proportion of foreign capital contribution shall not exceed 49% of the total charter capital.
What conditions must organizations and individuals operating port towing assistance services at Vietnamese seaports comply with?
Organizations and individuals operating port towing assistance services at Vietnamese seaports must establish a business enterprise in accordance with the provisions of the law, the proportion of foreign capital contribution shall not exceed 49%, and they must have registered towing vessels flying the flag of Vietnamese shipping nationality.
What conditions must organizations and individuals operating other marine transportation services comply with?
Organizations and individuals operating other marine transportation services shall comply with commitments made between Vietnam and the World Trade Organization (WTO) and international treaties to which the Socialist Republic of Vietnam is a party.
If this Decree is violated, how will organizations and individuals be dealt with?
Organizations and individuals engaged in marine transportation services who violate the provisions of this Decree will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette.
全文
DECREE
On conditions for operating marine transportation services
THE GOVERNMENT
Based on the Law on the Organization of the Government dated December 25, 2001;
Pursuant to the Vietnam Maritime Code on June 14, 2005;
Pursuant to the Enterprise Law dated November 29, 2005;
The Government issues this Decree on the re-registration and conversion of foreign-invested enterprises and the change of investment licenses for projects implemented under joint venture contracts.
Pursuant to the Commercial Law on June 14, 2005;
Considering the proposal of the Minister of Transport,
DECREE:
Article 1. Scope of application
This Decree stipulates the conditions for operating marine transportation services. In this Decree, marine transportation services include: ship agency services, tug assistance services at Vietnamese seaports, and other marine transportation services.
Article 2. Applicability
1. This Decree applies to organizations and individuals operating marine transportation services in Vietnam.
2. In addition to the conditions for operating marine transportation services prescribed in Articles 3, 4, and 5 of this Decree, organizations and individuals operating marine transportation services must also comply with other business conditions as provided by law.
Article 3. Conditions for operating ship agency services
Organizations and individuals operating ship agency services must establish a business enterprise in accordance with the provisions of law; in the case of a foreign-invested enterprise, the proportion of foreign capital contribution shall not exceed 49% of the total charter capital of the enterprise.
Article 4. Conditions for operating tug assistance services at Vietnamese seaports
Organizations and individuals operating tug assistance services at Vietnamese seaports must establish a business enterprise in accordance with the provisions of law; in the case of a foreign-invested enterprise, the proportion of foreign capital contribution shall not exceed 49% of the total charter capital of the enterprise and must have tug boats registered under the flag of Vietnamese marine vessels.
Article 5. Conditions for operating other marine transportation services
Organizations and individuals operating other marine transportation services in Vietnam shall implement commitments between Vietnam and the World Trade Organization (WTO) and international treaties to which the Socialist Republic of Vietnam is a member.
Article 6. Inspection and handling of violations
1. Business condition inspection
The Minister, the Chairman of the People's Committee of provinces and centrally governed cities, and the heads of specialized state management agencies in maritime affairs direct competent agencies to organize inspections to ensure compliance with business conditions of organizations and individuals as prescribed in this Decree.
2. Disciplinary Actions
Organizations and individuals engaged in marine transportation services who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the provisions of law.
Article 7. Effectiveness
This Decree takes effect fifteen days from the date of publication in the Official Gazette. The Government Decrees No. 57/2001/NĐ-CP dated August 24, 2001 on conditions for operating marine transportation and No. 10/2001/NĐ-CP dated March 19, 2001 on conditions for operating maritime services are hereby repealed.
Article 8. Responsibility for Implementation
1. The Minister of Transport is responsible for implementing this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial and centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.
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