Decree No. 144/2018/ND-CP Amending and Supplementing Decrees on Multimodal Transport

DECREE
Amending and supplementing decrees on multimodal transport 

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

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

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

Pursuant to the Railways Law dated June 16, 2017;

Pursuant to the Enterprise Law dated November 26, 2014;

Pursuant to the Law on Cooperatives dated November 20, 2012;

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

Pursuant to the Customs Law dated June 23, 2014;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing decrees on multimodal transport.

Article 1. Amending and supplementing certain provisions of the Government Decree No. 87/2009/NĐ-CP dated October 19, 2009 on multimodal transport, which has been amended and supplemented by the Government Decree No. 89/2011/NĐ-CP dated October 10, 2011

1. Supplement Clause 3 of Article 1 as follows:

"3. Business entities operating each mode of transport participating in multimodal transport activities must meet the business conditions prescribed by law corresponding to each mode of transport."

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

"Article 5. Conditions for operating international multimodal transport
1. Vietnamese enterprises, cooperatives, foreign-invested enterprises in Vietnam may only operate international multimodal transport after obtaining a Multimodal Transport International Operation License based on meeting the following conditions:
a) Maintaining assets equivalent to at least 80,000 Special Drawing Rights (SDR) or having equivalent guarantees or alternative financial plans as prescribed by law;
b) Having multimodal transport liability insurance or equivalent guarantees.
2. Enterprises from member states of the ASEAN Framework Agreement on Multimodal Transport or enterprises from countries that have signed international agreements with Vietnam on multimodal transport may only operate international multimodal transport after obtaining a Multimodal Transport International Operation License from Vietnam based on meeting the following conditions:
a) Holding a Certificate of Registration for International Multimodal Transport Operations or equivalent documents issued by the competent authority of their country;
b) Having multimodal transport liability insurance or equivalent guarantees.
3. The Ministry of Transport shall manage and issue Multimodal Transport International Operation Licenses."

3. Article 6 shall be amended and supplemented as follows:

"Article 6. Procedures for Issuing Multimodal Transport International Operation Licenses
1. Enterprises, cooperatives, foreign-invested enterprises in Vietnam as stipulated in Clause 1 of Article 5 of this Decree shall submit one set of application documents directly to the Ministry of Transport or through postal service or other appropriate means as prescribed. The documents include:
a) An application form for a Multimodal Transport International Operation License according to the model prescribed in Appendix I attached to this Decree;
b) A copy from the original book or a copy and presentation of the original for verification or a certified copy (in case of direct submission), a certified copy (in case of submission through postal service) of the Enterprise Registration Certificate or Investment Registration Certificate or equivalent documents as prescribed by law;
c) Audited financial statements. In cases where enterprises or cooperatives do not conduct audits, they must be guaranteed by banks or other organizations or individuals with equivalent guarantees; or have alternative financial plans as prescribed by law.
2. Enterprises as stipulated in Clause 2 of Article 5 of this Decree shall submit one set of application documents directly to the Ministry of Transport or through postal service or other appropriate means. The documents include:
a) An application form for a Multimodal Transport International Operation License according to the model prescribed in Appendix I attached to this Decree;
b) A copy of the Certificate of Registration for International Multimodal Transport Operations or equivalent documents issued by the competent authority of their country and legalized by consular certification;
c) A multimodal transport liability insurance contract or equivalent guarantees.
3. In case the application documents for a Multimodal Transport International Operation License are incomplete within three working days from the date of receipt of the documents directly or the postmark date, the Ministry of Transport must issue a written response to the enterprise specifying the reasons.
4. Within five working days from the date of receiving complete documents as prescribed, the Ministry of Transport shall issue a Multimodal Transport International Operation License to the enterprise according to the model prescribed in Appendix III attached to this Decree. The Multimodal Transport International Operation License is valid for five years from the date of issuance.
5. If there is a change in any of the contents recorded in the Multimodal Transport International Operation License during its validity period, the operator of international multimodal transport must follow the procedures stipulated in Article 7 of this Decree to apply for a new Multimodal Transport International Operation License."

4. Article 7 shall be amended and supplemented as follows:

"Article 7. Reissuing Multimodal Transport International Operation Licenses

In case there is a change in any of the contents recorded in the Multimodal Transport International Operation License during its validity period or if the license expires, is lost, destroyed, or damaged, the enterprise will be reissued a Multimodal Transport International Operation License. The reissue procedure is as follows:
1. Enterprises, cooperatives as stipulated in Clauses 1 and 2 of Article 5 of this Decree shall submit one set of application documents for reissuing a Multimodal Transport International Operation License directly to the Ministry of Transport or through postal service or other appropriate means as prescribed. The documents include:
a) An application form for reissuing a Multimodal Transport International Operation License according to the model prescribed in Appendix II attached to this Decree;
b) A certified copy from the original register or a copy presented with the original for verification or a certified copy (in case of direct submission of the application); a certified copy (in case of submission through postal service) of the Enterprise Registration Certificate or equivalent documents as prescribed by law (if there is any change);
c) An audited financial report or an alternative financial plan as prescribed by law or equivalent guarantee (if there is any change).
2. Within three (3) working days from the date of receipt of complete application files as prescribed, the Ministry of Transport shall reissue the International Multimodal Transport Business License to the enterprise. This International Multimodal Transport Business License shall be valid for five (5) years from the date of issuance.
3. In case the application files for reissuing the International Multimodal Transport Business License are not in compliance, within two (2) working days from the date of receiving the direct submission or the postmark date, the Ministry of Transport must issue a written response to the enterprise specifying the reasons.

Article 2. Effectiveness and responsibility for implementation

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

2. The following regulations are abolished:

a) Chapter 3 of Decree No. 87/2009/ND-CP dated October 19, 2009 of the Government on multimodal transport;

b) Decree No. 89/2011/ND-CP dated October 10, 2011 of the Government amending and supplementing certain articles of Decree No. 87/2009/ND-CP dated October 19, 2009 of the Government on multimodal transport.

3. Organizations that have been issued the International Multimodal Transport Business License of Vietnam prior to the effective date of this Decree may continue their operations until the expiration date of such License.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.