Circular No. 37/2015/TT-BGTVT on procedures for issuing import permits for second-hand ships for dismantling

CIRCULAR

Regulations on the procedures for issuing permits to import second-hand ships for dismantling. rock

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Pursuant to the Environmental Protection Law on June 23, 2014;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 114/2014/NĐ-CP dated November 26, 2014 of the Government stipulating the objects and conditions for permission to import and dismantle second-hand ships.

At the proposal of the Director of the Environmental Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular regulating the procedures for issuing Permits to Import Second-Hand Ships for Dismantling.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures for issuing, reissuing, and revoking Permits to Import Second-Hand Ships for Dismantling in Vietnam.

2. This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to the procedures for issuing, reissuing, and revoking Permits to Import Second-Hand Ships for Dismantling in Vietnam.

Article 2. Confirmation Document on Legal Capital

Enterprises importing second-hand ships for dismantling must have a confirmation document on legal capital of at least fifty (50) billion Vietnamese dong as follows:

1. For contributions in Vietnamese dong and freely convertible foreign currencies: A document from a credit institution confirming the amount of funds frozen at the credit institution of the enterprise applying for the Permit to Import Second-Hand Ships for Dismantling; the release of the frozen funds at the credit institution can only be carried out after the enterprise has been issued the Permit to Import Second-Hand Ships for Dismantling or when the enterprise receives a notification letter rejecting the issuance of the Permit to Import Second-Hand Ships for Dismantling.

2. For contributions in assets and real estate directly serving the purpose of importing second-hand ships for dismantling: A document from a competent valuation organization confirming the value converted into money of the assets and real estate.

3. Organizations and individuals with the authority to directly confirm the capital of the enterprise are responsible for the accuracy and honesty of the data at the time of confirmation.

4. For enterprises currently carrying out ship dismantling, bank guarantees may be used as confirmation documents on capital.

Chapter II

PROCEDURES FOR ISSUING, REISSUING AND REVOKING PERMITS TO IMPORT

SECOND-HAND SHIPS FOR DISMANTLING

Article 3. Authority to Issue, Reissue and Revoke Permits to Import Second-Hand Ships for Dismantling

The Ministry of Transport is the competent authority to issue, reissue, and revoke Permits to Import Second-Hand Ships for Dismantling.

Article 4. Procedures for Issuing Permits to Import Second-Hand Ships for Dismantling

1. Enterprises that meet the conditions prescribed in Clause 1, Article 7 of Decree No. 114/2014/NĐ-CP dated November 26, 2014 of the Government stipulating the objects and conditions for permission to import and dismantle second-hand ships (hereinafter referred to as Decree No. 114/2014/NĐ-CP) shall prepare one (01) set of application documents for the Permit to Import Second-Hand Ships for Dismantling in accordance with the provisions of this Clause and submit it directly or through the postal service or by other appropriate means to the Vietnam Maritime Administration.

2. The application documents include the following papers:

a) Application form for the Permit according to Model No. 01 attached to this Circular (original);

b) Business registration certificate (certified copy or copy from the original book or copy accompanied by the original for verification);

c) Organizational chart of the enterprise with specialized departments as prescribed in Point b, Clause 1, Article 7 of Decree No. 114/2014/NĐ-CP;

d) Confirmation document on legal capital as prescribed in Article 2 of this Circular (original).

3. Receipt and processing of documents

a) In case of direct submission, the Vietnam Maritime Administration will receive and check the documents; if the documents are complete as required, it will issue a receipt for the documents and schedule the result delivery as prescribed; if the documents are incomplete, it will guide the enterprise to complete the documents as required;

b) In case of submission through the postal service or other appropriate means, if the documents are incomplete as required, within two (02) working days from the date of receipt of the documents, the Vietnam Maritime Administration must issue a document guiding the enterprise to complete the documents;

c) Within ten (10) working days from the date of receiving all documents as required, the Vietnam Maritime Administration will review and report to the Ministry of Transport for consideration and decision;

d) Within three (03) working days from the date of receipt of the review document from the Vietnam Maritime Administration, the Ministry of Transport will consider issuing the Permit to Import Second-Hand Ships for Dismantling according to Model No. 02 attached to this Circular; in case of refusal to issue the Permit to Import Second-Hand Ships for Dismantling, it must issue a notification letter to the enterprise, the Vietnam Maritime Administration, and specify the reasons.

4. The Permit to Import Second-Hand Ships for Dismantling is valid for five (05) years from the date of issuance.

5. The enterprise is responsible for paying fees and charges as prescribed.

Article 5. Procedure for Reissuing Import Permit for Used Ships for Scrapping

1. In case the Import Permit for Used Ships for Scrapping remains valid but is lost or damaged and cannot be used further:

a) The enterprise requesting reissue of the Import Permit for Used Ships for Scrapping shall submit one (01) set of documents directly or through the postal service or by other appropriate means to the Vietnam Maritime Administration;

b) The application dossier for reissuing the Import Permit for Used Ships for Scrapping includes: Application Form for Reissuing the Import Permit for Used Ships for Scrapping according to Model No. 03 of the Appendix issued together with this Circular (original copy) and the previously issued Import Permit for Used Ships for Scrapping that remains valid in case of damage (original copy);

c) The procedure for receiving and processing the dossier shall be carried out in accordance with Clause 3 of Article 4 of this Circular.

2. In case the Import Permit for Used Ships for Scrapping remains valid but the enterprise has changed contents related to the Import Permit for Used Ships for Scrapping that was previously issued:

a) The enterprise requesting reissue of the Import Permit for Used Ships for Scrapping shall submit one (01) set of documents directly or through the postal service or by other appropriate means to the Vietnam Maritime Administration;

b) The application dossier for reissuing the Import Permit for Used Ships for Scrapping includes: Application Form for Reissuing the Import Permit for Used Ships for Scrapping according to Model No. 03 of the Appendix issued together with this Circular (original copy) accompanied by relevant documents concerning the changes (certified true copy or copy from original book or copy with original for verification) and the previously issued Import Permit for Used Ships for Scrapping (copy);

c) The procedure for receiving and processing the dossier shall be carried out in accordance with Clause 3 of Article 4 of this Circular;

d) The enterprise must return the original copy of the previously issued Import Permit for Used Ships for Scrapping immediately upon receipt of the newly issued Import Permit for Used Ships for Scrapping.

3. In case the Import Permit for Used Ships for Scrapping has expired: The enterprise shall comply with the provisions of Article 4 of this Circular.

4. The validity period of the reissued Import Permit for Used Ships for Scrapping shall be the same as that of the previously issued Import Permit for Used Ships for Scrapping.

5. The enterprise is responsible for paying fees and charges as prescribed by law.

Article 6. Revocation of Import Permit for Used Ships for Scrapping

1. Enterprises falling under any of the following circumstances shall have their Import Permit for Used Ships for Scrapping revoked:

a) Violating the conditions for issuance of the Import Permit for Used Ships for Scrapping as stipulated in Clause 1 of Article 7 of Decree No. 114/2014/NĐ-CP;

b) Intentionally distorting information in the application dossier for the Import Permit for Used Ships for Scrapping;

c) Operating contrary to purpose or not in accordance with the content recorded in the Import Permit for Used Ships for Scrapping;

d) The enterprise being revoked by the Ministry of Transport the Decision on Operation of Ship Scrapping Facility or the Decision to Suspend Operation of Ship Scrapping Facility pursuant to Article 15 of Decree No. 114/2014/NĐ-CP.

2. Within three (03) working days from the date of discovering that the enterprise falls under any of the circumstances specified in points a, b, c, d of Clause 1 of this Article or at the request of the administrative violation handling authority, the Vietnam Maritime Administration shall report to the Ministry of Transport to issue a decision revoking the Import Permit for Used Ships for Scrapping.

3. In case the enterprise goes bankrupt or is dissolved, the Vietnam Maritime Administration shall report to the Ministry of Transport to issue a decision revoking the Import Permit for Used Ships for Scrapping based on the decision of the competent state agency regarding the bankruptcy or dissolution of the enterprise.

4. In case the enterprise changes its business sector or for other reasons as requested by the enterprise, the enterprise shall send a letter along with the valid Import Permit for Used Ships for Scrapping (original copy) to the Vietnam Maritime Administration, the Vietnam Maritime Administration shall report to the Ministry of Transport to issue a decision revoking the permit.

5. The Vietnam Maritime Administration shall notify relevant agencies and publish information about enterprises whose permits have been revoked on the Vietnam Maritime Administration's Electronic Information Website.

Chapter III

IMPLEMENTATION

Article 7. Effective Date

This Circular takes effect from September 15, 2015.

Article 8. Implementation organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Maritime Administration, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.