Decree No. 30/2014/ND-CP on Conditions for Operating Marine Transport and Supporting Services for Marine Transport

DECREE

Regarding the conditions for operating maritime transport and supporting maritime transport services.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Based on the Investment Law dated November 29, 2005;

Pursuant to the Law on Trade dated June 14, 2005;

At the proposal of the Minister of Transport,

The Government issues a Decree on the conditions for operating maritime transport and supporting maritime transport services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides for:

a) Conditions for operating maritime transport.

b) Conditions for operating supporting maritime transport services including ship agency services and ship towing services.

2. In addition to the provisions of this Decree on operating conditions, organizations and individuals must also comply with other relevant legal regulations.

Article 2. Applicability

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals related to operating maritime transport and ship agency services, ship towing services in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Operating maritime transport is conducting business using ships to transport goods, passengers, and luggage.

2. Domestic maritime transport is transporting goods, passengers, and luggage by ship where the place of receiving goods, passengers, and luggage and the place of delivering goods, passengers, and luggage are within Vietnamese ports and Vietnamese waters.

3. International maritime transport is transporting goods, passengers, and luggage by ship between Vietnamese ports and foreign ports or between foreign ports.

4. Enterprises operating maritime transport and supporting maritime transport services as stipulated in this Decree include enterprises established in accordance with the Law on Enterprises and cooperatives established in accordance with the Law on Cooperatives.

Chapter II

CONDITIONS FOR OPERATING SEA TRANSPORT

Article 4. Conditions for operating sea transport

Individuals operating maritime transport in Vietnam must establish a maritime transport enterprise in accordance with the law and can only operate maritime transport after obtaining a Maritime Transport Business License.

Article 5. Conditions for issuing a Maritime Transport Business License

1. Having registered to operate in the maritime transport industry.

2. A maritime transport enterprise must have a dedicated department responsible for performing the following tasks:

a) Safety management in accordance with the International Safety Management Code (ISM Code) if operating international maritime routes.

b) Maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code) if operating international maritime routes.

c) Ship operation activities and implementing corporate legal work in accordance with the law.

3. The person appointed to manage ship operations must hold a bachelor's degree in one of the following fields: maritime affairs, international trade, commerce, or economics and must have at least three years of experience working in ship operation.

4. The person appointed to manage safety and security systems must have at least two years of experience working in ship operation management; trained, instructed, and certified in accordance with the regulations.

5. The person appointed to manage corporate legal affairs must hold a bachelor's degree in law and must have at least two years of experience working in the legal field.

6. Having capital or other assets equivalent to a minimum of 20 billion Vietnamese dong if operating international maritime transport and 5 billion Vietnamese dong if operating domestic maritime transport.

Article 6. Documents for Application for Marine Transport Business License

The documents for application for Marine Transport Business License include:

1. An application form for Marine Transport Business License according to Form No. 01 prescribed in the Appendix of this Decree.

2. A copy of the business registration certificate certified true copy.

3. A list of positions with attached horizontal file clearly showing the working experience period of each position and copies of relevant certificates (certified true copy) of the positions specified in Clause 3, 4, and 5 of Article 5 of this Decree.

4. A document confirming the capital or asset value of the enterprise issued by the financial agency or authorized auditing agency or a guarantee letter from a credit institution (original) with a guarantee value and duration consistent with the minimum asset value of the enterprise and the duration of the license.

Article 7. Procedure for Issuing Marine Transport Business License

1. An enterprise applying for a Marine Transport Business License must submit one set of documents directly or through the postal system to the Vietnam Maritime Administration.

2. The Vietnam Maritime Administration receives the documents. In case the documents received through the postal system are incomplete or invalid, within two working days from the date of receipt, the Vietnam Maritime Administration will notify the contents that need to be supplemented or amended. In case the documents are submitted directly, the staff receiving the documents must check and clearly inform the applicant about the contents that need to be supplemented or amended; if the documents are complete, they issue a receipt for the documents to the applicant.

3. Within five (5) working days from the date of receipt of valid documents, the Vietnam Maritime Administration will review the documents, issue the Marine Transport Business License, and return the result directly or through the postal system.

In case the Marine Transport Business License is not issued, the Vietnam Maritime Administration must reply in writing and specify the reasons.

4. The Marine Transport Business License is valid for five (5) years from the date of issuance. The content of the Marine Transport Business License follows Form No. 02 prescribed in the Appendix of this Decree.

Article 8. Reissuing Marine Transport Business License

The Marine Transport Business License shall be reissued in the following cases:

1. When the Marine Transport Business License expires:

a) At least one month before the expiration of the validity period of the Marine Transport Business License, the enterprise must complete the procedures to obtain a new license;

b) If the enterprise has no changes in the content of the application documents for the previous license, the application documents for reissuing the license include: An application form for reissuing the Marine Transport Business License according to Form No. 01 prescribed in the Appendix of this Decree and the old Marine Transport Business License.

The procedure for reissuing the Marine Transport Business License is carried out in accordance with the provisions of Article 7 of this Decree;

c) If the enterprise has changes in the content of the application documents for the previous license, the documents and the procedure for reissuing the Marine Transport Business License are implemented in accordance with the provisions of Articles 6 and 7 of this Decree.

2. When the Marine Transport Business License is lost or damaged and cannot be used:

The marine transport enterprise submits one set of documents for reissuing the Marine Transport Business License directly or through the postal system to the Vietnam Maritime Administration.

The documents include: An application form for reissuing the Marine Transport Business License according to Form No. 01 prescribed in the Appendix of this Decree and the old Marine Transport Business License (in case the Marine Transport Business License is damaged);

b) The Vietnam Maritime Administration receives the documents. In case the documents received through the postal system are invalid, within two working days from the date of receipt, the Vietnam Maritime Administration will notify the contents that need to be supplemented or amended. In case the documents are submitted directly, the staff receiving the documents must check and clearly inform the applicant about the contents that need to be supplemented or amended; if the documents are complete, they issue a receipt for the documents to the applicant;

c) Within three (3) working days from the date of receipt of valid documents, the Vietnam Maritime Administration will review the documents and issue the license; in case the license is not issued, they must reply in writing and specify the reasons.

3. When the Marine Transport Business License is still valid but the enterprise has changes in the contents reflected in the previously issued Marine Transport Business License:

The marine transport enterprise submits one set of documents for reissuing the Marine Transport Business License including an application form for reissuing the Marine Transport Business License according to Form No. 01 prescribed in the Appendix of this Decree and related documents and papers concerning the changed contents;

Within three (3) working days from the date of receipt of valid documents of the enterprise as stipulated in Point a of this Clause, the Vietnam Maritime Administration will reissue the license; in case it is not reissued, they must notify in writing and specify the reasons.

4. The validity period of the Marine Transport Business License reissued under the provisions of Clauses 2 and 3 of this Article shall not exceed the validity period of the previously issued license.

Article 9. Procedure for Revoking the Business License for Marine Transportation

The business license for marine transportation shall be deemed invalid upon issuance of a revocation decision by the competent state agency. The procedure for revoking the business license for marine transportation shall be carried out as follows:

1. In cases where the enterprise violates the conditions for doing business as prescribed by law or intentionally distorts information in the application dossier for the business license for marine transportation, the Vietnam Maritime Administration shall issue a decision to revoke the business license for marine transportation previously granted to the enterprise based on the proposal of the competent administrative violation handling agency.

2. In cases where the enterprise goes bankrupt or is dissolved, the Vietnam Maritime Administration shall issue a decision to revoke the business license for marine transportation previously granted to the enterprise based on the decision of the competent state agency regarding the bankruptcy or dissolution of the enterprise.

3. The procedure for revoking the business license for marine transportation at the request of the marine transportation enterprise shall be carried out as follows:

a) The enterprise shall submit directly or through the postal service a written request to the Vietnam Maritime Administration along with the previously issued business license for marine transportation.

b) Within three working days from the date of receipt of the written request, the Vietnam Maritime Administration shall issue a decision to revoke the business license for marine transportation of the enterprise.

4. The Vietnam Maritime Administration shall notify relevant agencies and publish information about the enterprise whose license has been revoked on its official website. Within five days from the date of receipt of the revocation decision, the marine transportation enterprise must return the business license for marine transportation to the Vietnam Maritime Administration, either directly or through the postal service.

Chapter III

CONDITIONS FOR OPERATING MARINE TRANSPORTATION SUPPORT SERVICES

Section 1

MARINE SHIPPING AGENCY SERVICES

Article 10. Conditions for Operating Marine Shipping Agency Services

1. Organizations and individuals operating marine shipping agency services in Vietnam must establish an enterprise in accordance with the provisions of the law.

2. They must have a business registration for the marine shipping agency service industry.

3. The enterprise must have dedicated staff responsible for operating the marine shipping agency service and corporate legal affairs.

4. The person appointed to manage the marine shipping agency service sector must have at least two years of experience in marine shipping agency activities.

5. Marine shipping agency staff must be Vietnamese citizens holding a bachelor's degree in one of the following fields: maritime, international trade, commerce, or economics.

6. The person in charge of corporate legal affairs must hold a bachelor's degree in law and must have at least two years of work experience in the legal field.

Article 11. Conditions for Maintaining Operations of Marine Shipping Agency Services

1. There must be a professional liability insurance contract for marine shipping agency services or equivalent financial guarantee.

2. There must be a specific ship agency contract for each voyage or within a specific period.

Article 12. Capital Conditions for Foreign Organizations and Individuals Engaged in Marine Shipping Agency Services

Foreign organizations and individuals may establish a joint venture company to operate marine shipping agency services, wherein the foreign investor's capital contribution ratio does not exceed 49% of the total registered capital of the enterprise.

Section 2

MARINE TUGGING SERVICES

Article 13. Conditions for operating ship towing services

1. Organizations and individuals operating marine towing services in Vietnam must establish an enterprise in accordance with the provisions of the law.

2. They must have a business registration for the marine towing service industry.

3. The enterprise must have dedicated staff responsible for operating the marine towing service and corporate legal affairs.

4. The person appointed to manage the marine towing service sector must have at least two years of experience in marine towing activities.

5. The person in charge of corporate legal affairs must hold a bachelor's degree in law or an equivalent field and must have at least two years of work experience in the legal field.

6. There must be a minimum of two specialized towing vessels.

Article 14. Conditions for Maintaining Marine Tugboat Service Operations

1. Have professional liability insurance for marine tugboat services or equivalent guarantee.

2. Have specific tugboat service contracts for each individual voyage or within a specified period.

Article 15. Capital Conditions for Foreign Organizations and Individuals Engaging in Marine Tugboat Services

Foreign organizations and individuals may establish joint ventures to operate marine tugboat services, with the foreign investor's capital contribution not exceeding 49% of the total charter capital of the enterprise.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Transitional Provisions

1. Enterprises currently operating in the fields of maritime transport, ship agency services, or marine tugboat services prior to the effective date of this Decree shall continue their operations.

2. Within five (5) years from the effective date of this Decree, enterprises mentioned in Clause 1 of this Article must fully meet the conditions stipulated in this Decree.

Article 17. Effective Date

This Decree takes effect from July 1, 2014, and replaces Government Decree No. 115/2007/NĐ-CP dated July 5, 2007, on conditions for operating maritime transport services.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./.