Circular No. 13/2023/TT-BGTVT Amending and supplementing certain articles of Circulars guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport.

CIRCULAR

Amending and supplementing certain Articles of guiding circulars implementing certain provisions of
the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport
Cognizant of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport signed on December 17, 2009; the Annex amending Article 6 and Article 17 of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport signed on February 26, 2019;

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At the proposal of the Director of the Department of International Cooperation and the Director General of the Directorate of Inland Waterways of Vietnam;

Pursuant to the ASEAN Framework Agreement on Facilitation of Intra-Regional Land Transport signed on December 10, 2009;

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

The Minister of Transport issues this Circular to amend and supplement certain provisions of

the guiding circulars implementing certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport. Article 1. Amending and supplementing certain provisions of Circular No. 08/2012/TT-BGTVT dated March 23, 2012 issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport (hereinafter referred to as Circular No. 08/2012/TT-BGTVT) and Circular No. 03/2013/TT-BGTVT dated March 29, 2013 issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 08/2012/TT-BGTVT (hereinafter referred to as Circular No. 03/2013/TT-BGTVT).

1\. Amending and supplementing Clause 3 of Circular No. 08/2012/TT-BGTVT as follows:

"Clause 3. Scope of operation of vessels

1\. Domestic inland waterway vessels (hereinafter referred to as domestic vessels) of Vietnam, which are granted a Border Transport Permit, are only permitted to operate inland waterway transport between Vietnam and Cambodia along routes and ports, wharfs, port clusters specified in Item 1 and Item 4.1 of Appendix I attached hereto.
2\. Inland waterway vessels of Cambodia entering Vietnam are not allowed to carry goods or passengers between two points within the territory of Vietnam (domestic transport) and are only permitted to operate along routes and ports, wharfs, port clusters of Vietnam as specified in Item 2 and Item 4.2 of Appendix I attached hereto.
3\. Within the scope of routes and ports, wharfs, port clusters specified in this Circular, domestic vessels of Vietnam and Cambodia with a Border Transport Permit may perform the following activities without being considered as domestic transport:
a\. Loading goods or boarding passengers onto vessels at ports, wharfs, port clusters specified in Item 4.2 of Appendix I attached hereto for transportation to Cambodia;
b\. Unloading goods or disembarking passengers at ports, wharfs, port clusters specified in Item 4.2 of Appendix I attached hereto for goods and passengers transported from Cambodia to Vietnam.
4\. Sea vessels participating in transit transport must complete all relevant procedures related to departure, entry, customs, health, and animal and plant quarantine at the following locations:
a\. Entry (arrival): A single-stop procedure conducted by competent authorities of Vietnam at Vung Tau or at the Da Dinh An gate;
b\. Departure (departure): A single-stop procedure conducted by competent authorities of Vietnam at the International Land and River Border Gate Vinh Xuong or the International Land and River Border Gate Thuong Phuoc.
5\. Domestic vessels of Vietnam and Cambodia participating in cross-border transport from Vietnam to Cambodia:
a\. Complete once all relevant procedures related to departure, customs, health, and animal and plant quarantine at the first departure port or wharf. When the vessel arrives at the International Land and River Border Gate Vinh Xuong or the International Land and River Border Gate Thuong Phuoc, it must present proof of having completed departure procedures according to the law to the border authority before leaving Vietnam's territory;
b\. In cases where goods or passengers are loaded or boarded onto vessels during the journey as stipulated in Clause 3 of this Article but have not yet completed procedures, they must declare, submit, and present relevant documents to the customs, animal and plant quarantine, health, and border defense authorities at the International Land and River Border Gate Vinh Xuong or the International Land and River Border Gate Thuong Phuoc to complete procedures for goods and passengers that have not yet been processed before departure;
c\. In cases where the relevant authorities are not fully available at the specified ports, wharfs, port clusters, the missing procedures will be completed at the International Land and River Border Gate Vinh Xuong or the International Land and River Border Gate Thuong Phuoc."
2\. Amending and supplementing Clause 1 of Clause 4 of Circular No. 08/2012/TT-BGTVT as follows:

"1\. Vessels operating cross-border inland waterway transport must carry and present to competent authorities upon request the following documents:

a\. Certificate of registration;
b\. Safety and technical inspection certificate and environmental protection certificate issued by the competent authority or delegated agencies of the state where the vessel is registered;
c\. Border transport permit issued by the competent authority;
d\. Cargo declaration form and/or passenger list with detailed information of passports;
đ\. Certificate of civil liability insurance for third parties and other types of insurance as prescribed;
e\. Crew list with full positions, certificates of professional qualifications, professional certificates as prescribed, passports, and international vaccination certificates of crew members;
g\. Declaration form for temporary importation-reexportation of domestic inland waterway transport vessels or Declaration form for temporary exportation-reimportation of domestic inland waterway transport vessels."
3\. Amending and supplementing Article 5 of Circular No. 08/2012/TT-BGTVT as follows:

"Article 5. Provisions for crew members, service staff, and passengers

1\. Crew members crossing borders must carry valid and effective documents as follows:
a\. Passport or international travel document issued by the competent authority (for crew members of inland waterway vessels); passport or international travel document issued by the competent authority and seaman’s book (for crew members of transiting sea vessels);"
a) Passport or international travel document issued by the competent authority (for crew members of inland waterway vessels); passport or international travel document issued by the competent authority and seafarer’s record book (for crew members of transiting sea vessels);
b) Certificate of professional competence or specialized certificate as prescribed.
2. For passengers and service staff, passports or international travel documents issued by competent authorities must be presented.

4. Amend and supplement Clause 2 of Article 6 of Circular No. 08/2012/TT-BGTVT (amended and supplemented at Clause 2 of Article 1 of Circular No. 03/2013/TT-BGTVT) as follows:

"2. Documents for Application for Cross-border Transport Permit
a) Original or electronic form of the Application for Cross-border Transport Permit for vehicles according to the model prescribed in Appendix III attached hereto;
b) Copy or electronic copy of Vehicle Registration Certificate;
c) Copy or electronic copy of Technical Safety and Environmental Protection Certificate;
d) Copy or electronic copy of Civil Liability Insurance Certificate for the transport of flammable and explosive goods issued by the transport business operator for third parties; copy of Compulsory Civil Liability Insurance Certificate for passenger transport issued by the transport business operator for passengers."

5. Amend and supplement Article 7 of Circular No. 08/2012/TT-BGTVT as follows:

"Article 7. Competent Authority for Issuing Cross-border Transport Permit
1. The Vietnam Inland Waterway Administration is the competent authority for issuing Cross-border Transport Permit for watercraft engaged in Group 1 and Special Group transport operations as stipulated in Clause 1 of Article 6 of this Circular.
2. Provincial Departments of Transport under central cities are the competent authorities for issuing Cross-border Transport Permit for watercraft under local management in Groups 1, 2, and Special Group as stipulated in Clause 1 of Article 6 of this Circular.
3. In cases where the Vietnam Inland Waterway Administration issues Cross-border Transport Permit for watercraft engaged in Group 1 and Special Group transport operations as stipulated in Clause 1 of this Article, it shall notify the Provincial Departments of Transport under central cities where the vessel is registered. In cases where the Provincial Departments of Transport under central cities issue Cross-border Transport Permit for watercraft under local management in Groups 1, 2, and Special Group as stipulated in Clause 2 of this Article, they shall notify the Vietnam Inland Waterway Administration."

6. Amend and supplement Article 8 of Circular No. 08/2012/TT-BGTVT as follows:

"Article 8. Procedure for Issuing Cross-border Transport Permit
1. Organizations and individuals submit directly or through postal services or via online public service system one set of application documents for Cross-border Transport Permit to one of the competent authorities for issuing permits as stipulated in Article 7 of this Circular.
2. The competent authority for issuing permits receives and examines the documents. If the documents are incomplete as required, the competent authority for issuing permits shall guide the completion within one working day from the date of receipt of the documents. If the documents are complete as required, the competent authority for issuing permits shall issue the permit within three working days from the date of receipt of the documents and deliver it directly or through postal services or via online public service system to the organization or individual. In case of refusal to issue the permit, the competent authority for issuing permits shall provide a written response stating the reasons."

7. Amend and supplement Clause 1 of Article 9 of Circular No. 08/2012/TT-BGTVT as follows:

"1. The competent authority for issuing permits shall revoke or cancel the issued Cross-border Transport Permit if the watercraft does not comply with the contents specified in the permit or as stipulated in Clause 1 of Article 8 of this Circular."

8. Amend and supplement Clause 2 of Article 11 of Circular No. 08/2012/TT-BGTVT as follows:

"2. Attach five (5) Appendices to this Circular, including:
a) Appendix I: List of regulated inland waterways routes, transit routes, ports, wharfs, port clusters;
b) Appendix II: Passenger list for fixed routes;
c) Appendix III: Application for Cross-border Transport Permit;
d) Appendix IV: Application for Extension of Cross-border Transport Permit Cambodia-Vietnam;
e) Appendix V: Cross-border Transport Permit."

9. Replace Appendix I issued together with Circular No. 08/2012/TT-BGTVT (amended and supplemented at Clause 4 of Article 1 of Circular No. 03/2013/TT-BGTVT) with Appendix I issued together with this Circular.

10. Replace Appendix III and IV issued together with Circular No. 08/2012/TT-BGTVT respectively with Appendix II and III issued together with this Circular.

11. Replace the term "waterway transport" with "inland waterway transport" in Article 1; Clause 1 of Article 2; Clause 1 of Article 12 of Circular No. 08/2012/TT-BGTVT.

12. Replace the term "Cross-border Waterway Transport Permit" with "Cross-border Transport Permit" in Chapter II; Clause 1 of Article 6; Article and Clause 3 of Article 9; Clause 2 of Article 10; Appendix V of Circular No. 08/2012/TT-BGTVT.

13. Replace the term "Cambodia-Vietnam Waterway Transport Permit" with "Cambodia-Vietnam Cross-border Transport Permit" in point b of Clause 3 of Article 10 of Circular No. 08/2012/TT-BGTVT (amended and supplemented at Clause 3 of Article 1 of Circular No. 03/2013/TT-BGTVT).

Article 2. Effective Date

This Circular takes effect from September 1, 2023.

Article 3. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, the Director of the Vietnam Inland Waterway Administration, Directors of Provincial Departments of Transport, relevant agencies, organizations, and individuals are responsible for implementing this Circular./.