Decision No. 20/2006/QĐ-BGTVT stipulates conditions, standards, and procedures for issuing Import Permits for maritime safety signal flares.

Pursuant to …;

Regulations on conditions, standards, and procedures for issuing import permits for maritime safety signals tín hiệu pháo cho an toàn hàng hải

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and foreign-related agency buying, selling, processing, and transiting goods;

Based on the proposal of the Director of the Department of Planning and Investment.

Pursuant to …;

Article 1. Scope of application

This Decision regulates the conditions, standards, and procedures for issuing Import Permits for various maritime safety signals (hereinafter referred to as the Permit).

Article 2. Applicability

This Decision applies to agencies, organizations, and individuals related to the importation of various maritime safety signals.

Article 3. Definitions

Maritime safety signals include parachute flares, hand-held flares, and smoke signals that meet the provisions set out in Chapter III of the International Convention on Life-Saving Appliances (as per Resolution MSC.48(66) of June 4, 1996) of the International Maritime Organization (IMO).

Article 4. Conditions and standards for permit issuance

1. Agencies, organizations, and individuals wishing to import maritime safety signals must have the function of producing, trading in marine equipment, materials, and shipbuilding.

2. Various maritime safety signals must meet the standards specified in Appendix 2 attached to this Decision.

Article 5. Procedures for issuing permits

1. Agencies, organizations, and individuals wishing to import various maritime safety signals shall submit to the Ministry of Transport an application file for the Permit in accordance with Article 6 of this Decision.

2. The Ministry of Transport will review the application file. If it is complete and valid, the Ministry will send a letter seeking comments from the Ministry of National Defense. Within seven working days from the date of receipt of the letter from the Ministry of Transport, the Ministry of National Defense (or an agency authorized by the Ministry of National Defense) shall provide a written response. Within five working days from the date of receipt of the letter from the Ministry of National Defense, if the Ministry of National Defense agrees, the Ministry of Transport shall issue the Permit according to the model specified in Appendix 1 attached to this Decision to the organization or individual requesting it. In case the Ministry of National Defense disagrees or does not respond within the time limit prescribed in this clause, the Ministry of Transport shall decide on the issuance of the Permit based on actual needs.

3. The Ministry of Transport shall not issue the Permit in the following cases:

a) Imported maritime signals have exceeded their usage period or the test certificate for maritime signals issued by an unauthorized agency or the information in the application file for the Permit is inaccurate or fraudulent. Within five working days from the date of receipt of the application file for the Permit, the Ministry of Transport must provide a written response and clearly state the reasons for not issuing the Permit.

b) In case the Ministry of National Defense disagrees and the Ministry of Transport has clear and reasonable grounds to refuse the issuance of the Permit. Within five working days from the date of receipt of the written response from the Ministry of National Defense, the Ministry of Transport must provide a written response and clearly state the reasons for not issuing the Permit.

Article 6. Application file for the Permit

The application file for the Permit includes:

1. A written request for importing various maritime safety signals, specifying the type, quantity, country of production, product specifications, characteristics, and uses, identification code, usage period of each type; import period;

2. Business registration certificate;

3. Certificate from the competent authority of the country of production confirming that the maritime safety signals have been tested in compliance with the provisions of Resolution MSC.81(70) of December 11, 1998 of the International Maritime Organization;

4. Report from the agency, organization, or individual on the implementation of the previous year's import permit and the import permit tracking record of the Customs Sub-department at the port (if applicable).

Article 7. Effective Date

This Decision takes effect fifteen days after its publication in the Official Gazette. All previous regulations contrary to this Decision are abolished.

Article 8. Responsibility for Implementation

1. The Department of Planning and Investment is the advisory body for the Minister to implement the acceptance of application files, examination, and submission to the leadership of the Ministry for the issuance of Permits to agencies, organizations, and individuals in accordance with this Decision.

2. The Heads of the Office, Inspectorate, Departments, and Units under the Ministry, and the Heads of relevant agencies, organizations, and individuals are responsible for implementing this Decision./.