Decree No. 128/2018/ND-CP Amending and Supplementing Certain Provisions of Decrees on Conditions for Investment and Business in the Inland Waterway Transport Sector

DECREE

Amending and supplementing certain articles of Decrees stipulating conditions for investment and business activities in inland waterway transport

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Pursuant to the Law on Government Organization dated June 19, 2015;

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

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Business Fields Subject to Investment Conditions of the Investment Law dated November 22, 2016;

Pursuant to the Vocational Education Law dated November 21, 2014;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of Decrees stipulating conditions for investment and business activities in inland waterway transport.

Article 1. Amending and supplementing certain articles of Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government stipulating conditions for business operations in inland waterway transport as follows:

1. Amend Clause 1 of Article 3 as follows:

"1. An entity engaged in inland waterway transport business is a company or cooperative participating in inland waterway transport business by means of vessels."

2. Amending and supplementing Article 6 as follows:

"Article 6. Conditions for operating passenger transport on fixed routes, conditions for operating passenger transport under charter contracts, and conditions for transporting tourists

The entity engaged in transport business must establish a company or cooperative in accordance with Vietnamese law."

3. Amend and supplement Article 19 as follows:

"Article 19. Transitional provisions

Entities currently operating passenger transport on inland waterways before the effective date of this Decree shall continue to operate."

4. Abolishing Article 5, Article 7, Article 8, Article 9, Article 10, Clause 4 of Article 11 of Decree No. 110/2014/NĐ-CP dated November 20, 2014 of the Government stipulating conditions for business operations in inland waterway transport.

Article 2. Amending and supplementing certain articles of Decree No. 78/2016/NĐ-CP dated July 1, 2016 of the Government stipulating conditions for business operations in training seafarers and crew members of inland waterway vessels as follows:

1. Amend and supplement Article 5 as follows:

“Article 5. Conditions for specialized classrooms, examination rooms, and testing rooms

The system of specialized classrooms and examination/testing rooms must comply with the National Technical Regulations on specialized classroom systems, examination/testing rooms; workshops for practical training; areas for teaching driving and machine operation at training institutions for seafarers and crew members of inland waterway vessels issued by the Minister of Transport, including: Classroom for laws on inland waterway transport, classroom for vessel control, classroom for theoretical knowledge on machinery and electricity, and basic maritime vocational classroom. Examination/testing rooms may be arranged together with specialized classrooms.”

2. Amending and supplementing Article 6 as follows:

“Article 6. Practical Training Workshops

Practical training workshops must comply with the National Technical Regulations on specialized classroom systems, examination/testing rooms; practical training workshops; areas for teaching driving and machine operation at training institutions for seafarers and crew members of inland waterway vessels issued by the Minister of Transport, including: Cold-mechanical practical workshop, machinery and electricity practical workshop.”

3. Amending and supplementing Article 7 as follows:

“Article 7. Areas for Teaching Driving and Machine Operation

1. Areas for teaching driving and machine operation must comply with the National Technical Regulations on specialized classroom systems, examination/testing rooms; practical training workshops; areas for teaching driving and machine operation at training institutions for seafarers and crew members of inland waterway vessels issued by the Minister of Transport.

2. Training vessels must have legal registration papers, inspection certificates, equipment for the journey, life-saving, fire-fighting, and first aid devices, and must display a "Training Vessel" sign in an easily visible position during training.”

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

“Article 8. Content and Curriculum for Training Seafarers and Crew Members of Inland Waterway Vessels

The content and curriculum for training seafarers and crew members of inland waterway vessels shall be implemented in accordance with the regulations of the Minister of Transport.”

5. Amend and supplement Article 9 as follows:

“Article 9. Teaching Staff

1. The standards for teaching staff shall be implemented in accordance with the law on vocational education.

2. For instructors teaching practical skills, in addition to the standards prescribed in Clause 1 of this Article, they must also meet the following standards:

a) Instructors teaching practical skills for master mariners and chief engineers must hold a certificate of professional competence for master mariner or chief engineer at least one higher grade than the grade of the certificate of professional competence assigned to teach;

b) Instructors teaching practical skills for master mariners and chief engineers of the highest grade must hold a certificate of professional competence for master mariner or chief engineer of the highest grade and have at least 36 months of experience in the highest grade position.”

Article 15. Inspection labels for fire prevention and firefighting equipment

“Article 15. Transitional Provisions

Training institutions that have been granted a Certificate of Eligibility for Business Operations in Training Seafarers and Crew Members of Inland Waterway Vessels before the effective date of this Decree shall continue to operate until the expiration of their Certificate.

In cases where the Certificate of Eligibility for Training Seafarers and Crew Members of Inland Waterway Vessels has not yet expired but there is a need for a new Certificate, the institution's management shall proceed with the procedures stipulated in this Decree.”

Article 3. Amend and supplement Article 6 of Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport as follows:

1. Amend and supplement Article 6 as follows:

"Article 6. Conditions for operating businesses of new construction, conversion, repair, and restoration of inland waterway vessels

1. Businesses engaged in the new construction, conversion, repair, and restoration of inland waterway vessels must establish a company or a Cooperative in accordance with Vietnamese laws.

2. Possess material resources, equipment, technological processes, and construction capabilities appropriate to the types and sizes of inland waterway vessels produced and services provided according to the National Technical Regulations issued by the Minister of Transport.

3. Have human resources meeting the requirements for production and business activities, specifically as follows:

a) For businesses engaged in the new construction, conversion, repair, and restoration of vessels carrying 50 people or more; non-motorized vessels with a total deadweight of 200 tons or more; motorized vessels with a total main engine power of 135 horsepower or more; specialized vessels such as floating docks, floating wharves, floating construction equipment, floating houses, floating hotels, dredgers, suction ships, and other inland waterway vessels with a designed length of 10 meters or more, there must be at least one person who has graduated from a university majoring in shipbuilding and one engineer specializing in marine engine technology;

b) For businesses engaged in the new construction, conversion, repair, and restoration of passenger vessels carrying from 13 to less than 50 people; motorized vessels with a total main engine power of 50 to less than 135 horsepower; vessels with a designed length of 20 meters or more and a total deadweight of less than 200 tons; specialized inland waterway vessels such as floating docks, floating wharves, floating construction equipment, floating houses, dredgers, suction ships, and other vessels with a designed length of less than 10 meters, each department must have at least one person who has graduated from a vocational college majoring in shipbuilding or a technical secondary school majoring in shipbuilding and one person who has graduated from a technical secondary school majoring in marine engine technology or a vocational college majoring in marine engine technology;

c) For businesses engaged in the new construction, conversion, repair, and restoration of vessels with a designed length of less than 20 meters; motorized vessels with a total main engine power of less than 50 horsepower; motorized vessels with a total main engine power of up to 15 horsepower and carrying up to 12 people, there must be at least one person holding a basic certificate in ship hull manufacturing technology;

d) For businesses engaged in the new construction, conversion, repair, and restoration of wooden vessels built traditionally over generations by local people in each region and recognized as safe by inspection (folk vessels), which are vessels with a designed length of less than 20 meters; motorized vessels with a total main engine power of less than 50 horsepower; cargo vessels with a total deadweight of less than 100 tons; vessels carrying up to 12 people, there must be at least one skilled worker experienced in the new construction, conversion, repair, and restoration of wooden inland waterway vessels."

2. Amend and supplement Article 14 as follows:

"Article 14. Transitional Provisions

Businesses engaged in the new construction, conversion, repair, and restoration of vessels that were operating before May 1, 2015 shall continue to operate until December 31, 2020; thereafter, if they wish to continue their operations, they must meet the conditions stipulated in this Decree."

Article 4. Implementation provisions

1. This Decree takes effect from the date of issuance.

2. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant organizations, and individuals are responsible for implementing this Decree./.