Decision No. 29/2004/QD-BGTVT Issuing Regulations on Registration of Inland Waterway Vessels

Pursuant to …;

Issuing Regulations on Registration of Domestic Waterway Vessels

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MINISTRY OF TRANSPORTATION

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to Decree No. 86/2002/NĐ-CP dated December 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;

Based on the proposals of the Heads of the Legal Department and the Vietnam Inland Waterways Administration.

Pursuant to …;:

Article 1. The attached to this Decision "Regulations on Registration of Domestic Waterway Vessels" are hereby issued.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace the following legal normative documents:

1. Decision No. 2056-QĐ/PC dated August 6, 1996 of the Minister of Transport promulgating Regulations on Registration of Domestic Waterway Vessels;

2. Decision No. 1755-QĐ/PC dated July 12, 1997 of the Minister of Transport supplementing the Regulations on Registration of Domestic Waterway Vessels;

3. Decision No. 1522/1998/QĐ-BGTVT dated June 20, 1998 of the Minister of Transport amending and supplementing Decision No. 2056-QĐ/PC.

Article 3. The Director of the Vietnam Inland Waterways Administration shall be responsible for monitoring and inspecting the implementation of this Decision.

Article 4. The Heads of the Office, Inspectorate, Legal Department, Transport Department, Vietnam Inland Waterways Administration, Vietnam Ship Inspection Bureau, Directors of Provincial Departments of Transport and Public Works, Heads of organizations and individuals concerned shall be responsible for implementing this Decision./.

REGULATIONS

On registration of domestic waterway vessels

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(Issued together with Decision No. 29/2004/QĐ-BGTVT dated December 7, 2004 of the Minister of Transport)

ngày 07 tháng 12 năm 2004 của Bộ trưởng Bộ Giao thông vận tải)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

These Regulations stipulate procedures for registering domestic waterway vessels and the organization of such registration.

Domestic waterway vessels owned by organizations or individuals must be registered under these Regulations before being put into operation on inland waterways, except for primitive vessels with a total load capacity of less than one ton or carrying fewer than five people, or rafts.

These Regulations do not apply to the registration of the following types of vessels:

a) Vessels engaged in national defense and security duties;

b) Fishing vessels;

c) Sports boats and yachts.

Article 2. Interpretation of Terms

In these Regulations, the terms below are understood as follows:

1. Domestic waterway vessel (hereinafter referred to as vessel) means ships, boats, and other floating structures, powered or unpowered, operating exclusively on inland waterways.

2. Primitive vessel means a vessel without a motor that moves solely by human power or wind or water currents.

3. Fishing vessel means a vessel specifically used for fishing, aquaculture, or fish processing.

4. Sports boat and yacht means a vessel specifically used for training or sports competitions.

5. Vessel owner means an organization or individual owning or managing and using the vessel.

6. Vessel subject to inspection means a non-powered vessel with a total load capacity of five tons or more, or carrying more than twelve people; a powered vessel with a main engine power of five horsepower or more, or carrying five people or more.

7. Modification of technical characteristics of the vessel means changing the structure, dimensions, power, load capacity, or function of the vessel.

8. Raft means a vessel made by lashing bamboo, reed, wood, or other floating materials together for temporary transport or use on inland waterways.

9. Passenger capacity of the vessel means the maximum number of passengers allowed on the vessel, excluding crew members, drivers, and children under one year old.

Chapter II

REGISTRATION OF VEHICLES

Article 3. General Provisions

1. Vessels with complete documentation as prescribed shall be registered in the Register of Domestic Waterway Vessels and issued a Certificate of Registration for Domestic Waterway Vessels by the competent vessel registration authority as stipulated in Article 8 of this Regulation.

2. Vessels must be re-registered in cases prescribed in Clause 3, Article 25 of the Law on Inland Waterway Transport.

3. The vessel owner shall submit the vessel registration application to the vessel registration authority at the location where the owner's headquarters is located or where the owner has permanent residence registration.

4. A lost Certificate of Registration for Domestic Waterway Vessels shall be reissued upon submission of complete documentation as prescribed in Article 6 of this Regulation.

Article 4. Initial Vessel Registration Documents

Initial vessel registration documents include:

1. Documents to be kept at the vessel registration authority:

a- An application form for registering domestic waterway vessels according to Form No. 1;

b- Two photographs measuring 10x15 cm showing the entire right side of the vessel in its floating state;

c- Receipts for payment of initial registration tax as prescribed by law.

2. Documents to be presented:

a- Safety and technical inspection certificate and environmental protection certificate of the vessel, for vessels subject to inspection;

b- Import permit for the vessel as prescribed by law, for imported vessels;

c- Purchase or construction contract of the vessel, for vessels subject to inspection;

d- Documents proving permission to operate and having a registered office in Vietnam, for foreign organizations or documents proving permission to reside in Vietnam, for foreign individuals.

Article 5. Re-registration Documents for Vessels

1. In case of ownership transfer, re-registration documents for vessels include:

a- Documents to be kept at the vessel registration authority:

- An application form for re-registering domestic waterway vessels according to Form No. 2;

- Two photographs measuring 10x15 cm showing the entire right side of the vessel in its floating state;

- Certificate of Registration for Domestic Waterway Vessels;

- Receipts for payment of initial registration tax as prescribed by law.

b- Documents to be presented:

- Purchase or transfer decision of the competent authority, for vessels subject to inspection;

- Safety and technical inspection certificate and environmental protection certificate of the vessel, for vessels subject to inspection;

- Documents proving permission to operate and having a registered office in Vietnam, for foreign organizations or documents proving permission to reside in Vietnam, for foreign individuals.

2. In case of technical modification, re-registration documents for vessels include:

a- Documents to be kept at the vessel registration authority:

- An application form for re-registering domestic waterway vessels according to Form No. 3;

- Two photographs measuring 10x15 cm showing the entire right side of the vessel in its floating state;

- Certificate of Registration for Domestic Waterway Vessels.

b- Documents to be presented:

The safety and technical inspection certificate and environmental protection certificate of the vessel will be issued after the vessel has undergone technical modifications, for vessels subject to inspection.

3. In case of change in the owner's headquarters or permanent residence registration to another province or centrally administered city, re-registration documents for vessels include:

a- Documents to be kept at the vessel registration authority:

- An application form for re-registering domestic waterway vessels according to Form No. 4;

- Two photographs measuring 10x15 cm showing the entire right side of the vessel in its floating state;

- Certificate of Registration for Domestic Waterway Vessels.

b- Documents to be presented:

Safety and technical inspection certificate and environmental protection certificate of the vessel, for vessels subject to inspection.

Article 6. Documents for Reissuing the Registration Certificate for Vessels

1. In cases where the Registration Certificate for vessels is lost due to sinking or fire, the documents for reissuing the Registration Certificate for vessels shall include:

a- Documents to be kept at the vessel registration authority:

- An application form for reissuing the Registration Certificate for inland waterway vessels according to Form No. 5, with confirmation from the inland waterway traffic police agency managing the area where the vessel sank or was burned;

- Two photographs measuring 10 x 15 cm showing the entire right side of the vessel in its floating state after repair, which has been approved for operation by the inspection authority.

b- Documents to be presented:

The Safety and Environmental Protection Technical Certificate of the vessel after completion of repairs, for vessels subject to inspection.

2. In cases where the Registration Certificate for inland waterway vessels is lost for other reasons, the documents for reissuing the Registration Certificate for vessels shall include:

a- Documents to be kept at the vessel registration authority:

- An application form for reissuing the Registration Certificate for inland waterway vessels according to Form No. 5, with confirmation from the inland waterway traffic police agency managing the area where the incident occurred;

- Two photographs measuring 10 x 15 cm showing the entire right side of the vessel in its floating state.

b) Documents to be presented:

Safety and technical inspection certificate and environmental protection certificate of the vessel, for vessels subject to inspection.

Article 7. Name of the Vessel

The name of the vessel is determined by the owner of the vessel. If the owner chooses a name that is identical to the name of another registered vessel, the registration authority shall require the owner to choose a different name.

Article 8. Registration Authority

1. Departments of Transport and Departments of Transport and Public Works of provinces and centrally-administered cities shall handle the registration of vessels for organizations and individuals whose headquarters or permanent residence are located within their respective provinces or centrally-administered cities.

2. Depending on specific conditions of each locality, Departments of Transport and Departments of Transport and Public Works may request the People's Committees of provinces and centrally-administered cities to delegate the registration of vessels for organizations and individuals under the administrative jurisdiction of district-level People's Committees to transportation agencies at the district level.

Article 9. Responsibilities of the Registration Authority

1. Organize the implementation of equipment registration in accordance with regulations; guide the owners of equipment to prepare registration files.

2. Issue the Registration Certificate for inland waterway vessels to the owner of the vessel within the following timeframes when the owner has submitted all required documents as prescribed:

a- Not later than three (03) working days for initial registration or re-registration of vessels;

b- Not later than seven (07) working days for reissuing the Registration Certificate for vessels lost due to sinking or burning of the vessel;

c- Not later than thirty (30) working days for reissuing the Registration Certificate for vessels lost for other reasons.

3. In cases where the owner of the vessel has not submitted all required registration documents as prescribed, the registration authority must immediately notify the owner to complete the documents.

4. Issue the Registration Certificate for inland waterway vessels according to the following provisions:

a- For initial registration or re-registration of vessels: issue the Registration Certificate for inland waterway vessels according to Form No. 6;

b- For reissuing the Registration Certificate for vessels: issue the Registration Certificate for inland waterway vessels according to Form No. 6 stamped with "Reissued..."

5. Maintain the Register of inland waterway vessels; store and manage registration documents.

6. Monitor and compile statistics on vessel registrations within their jurisdiction; implement reporting systems and be subject to business guidance and inspection by the Ministry of Transport and the Vietnam Inland Waterways Administration.

7. Manage and use vessel registration seals according to current regulations.

8. Collect registration fees for vessels as prescribed by the Ministry of Finance.

Article 10. Responsibilities of the Vehicle Owner

1. To complete vehicle registration procedures in accordance with regulations; before putting the vehicle into operation, the owner must write the name, registration number, and safe draught mark of the vehicle, and the permitted passenger capacity for passenger-carrying vehicles.

2. To report to the vehicle registration authority to deregister the vehicle and return the Certificate of Domestic Waterway Vessel Registration in cases specified in Clause 4, Article 25 of the Law on Inland Waterway Traffic.

Article 11. Replacement of the Certificate of Domestic Waterway Vessel Registration Issued Pursuant to Decision No. 2056/QD-PC

1. After this Regulation takes effect, owners who have been issued the Certificate of Domestic Waterway Vessel Registration pursuant to Decision No. 2056/QD-PC dated August 6, 1996, of the Minister of Transport shall be responsible for replacing the Certificate of Domestic Waterway Vessel Registration at the registration authority.

The replacement of the Certificate of Domestic Waterway Vessel Registration must be completed by December 31, 2005.

2. The dossier for replacing the Certificate of Domestic Waterway Vessel Registration retained by the vehicle registration authority includes:

a- An application form for replacing the Certificate of Domestic Waterway Vessel Registration according to Form No. 7.

b- Two photographs measuring 10 x 15 cm showing the entire starboard side of the vessel in its floating state;

c- The Certificate of Domestic Waterway Vessel Registration issued pursuant to Decision No. 2056/QD-PC.

3. The vehicle registration authority is responsible for replacing the Certificate of Domestic Waterway Vessel Registration within two working days from the date of receipt of a complete dossier in accordance with regulations.

Article 12. Printing and Managing Registration Stamps for Domestic Waterway Vessels

The Vietnam Inland Waterways Administration is responsible for printing and issuing registration stamps for domestic waterway vessels or delegating this responsibility to the Department of Transport or the Department of Transport and Public Works in accordance with prescribed models.