Circular No. 50/2016/TT-BGTVT on procedures for issuing Domestic Sea Transport Permits for foreign ships

CIRCULAR

Regulations on Procedures for Issuing Domestic Sea Transport Permits to Foreign Ships

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At the proposal of the Director of the Department of Transport Infrastructure and the Director General of the Vietnam Maritime Administration;

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;

At the request of the Director of the Department of Transport and the Director of the Vietnam Maritime Administration,

The Minister of Transport hereby issues this Circular stipulating procedures for issuing domestic sea transport permits to foreign ships.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates procedures for issuing domestic sea transport permits.

Article 2. Applicability

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals related to foreign ships engaged in domestic sea transport.

Article 3. Explanation of Terms

1. Foreign ships are ships registered under the flag of a foreign country.

2. Domestic sea transport is the transportation of goods, passengers, and luggage by ship where both the place of receipt and the place of delivery of goods, passengers, and luggage are within Vietnamese waters.

Article 4. Authority to issue Domestic Sea Transport Permits

1. The Minister of Transport shall issue domestic sea transport permits in the following cases:

a) Transporting oversized, overweight goods or other types of goods using specialized vessels; unblocking goods, passengers, and luggage that are delayed at ports when Vietnamese ships are unable to transport them.

b) To prevent, mitigate natural disasters, epidemics, or urgent humanitarian aid.

2. The Director of the Marine Port Control shall issue domestic sea transport permits to foreign ships transporting passengers and luggage from cruise ships to land and vice versa using the cruise ship's transfer means.

Article 5. Validity Period of Domestic Sea Transport Permits

1. The validity period of Domestic Sea Transport Permits is one year and applies to the following cases:

a) A ship serving one (1) production facility.

b) Types of ships that the Vietnamese fleet does not have.

2. The validity period of Domestic Sea Transport Permits is six months and applies to other types of ships not covered by Clause 1 of this Article.

3. In cases where enterprises propose a duration for foreign ships to engage in domestic sea transport, the duration of the domestic sea transport permit issued shall be based on the enterprise's proposal but shall not exceed one (1) year for the case stipulated in Clause 1 of this Article, and not more than six (6) months for the case stipulated in Clause 2 of this Article.

4. The validity period of Domestic Sea Transport Permits on a voyage basis applies to ships transporting passengers and luggage from cruise ships to the mainland and vice versa.

Chapter II
PROCEDURES FOR ISSUING AND REVOKING DOMESTIC SEA TRANSPORT PERMIT

FOR SHIPS FOREIGN

Section 1
DOMESTIC SEAWAY TRANSPORTATION OF OVERSIZED AND OVERWEIGHT GOODS

OR OTHER TYPES OF GOODS BY SPECIALIZED VESSELS; UNBLOCKING GOODS, PASSENGERS, AND

LUGGAGE DELAYED AT PORTS 1. Application form according to the model prescribed in Appendix I attached to this Circular.

2. One (1) copy of the Certificate of Ship Registration.

Article 6. Documents for Application for Issuance of Domestic Sea Transport Permits

The documents for application for issuance of Domestic Sea Transport Permits include:

3. One (1) set of ship inspection files including certificates regarding technical safety and environmental protection issued to the ship (copies) in accordance with Circular No. 41/2016/TT-BGTVT dated December 16, 2016 of the Minister of Transport stipulating the list of certificates and documents of Vietnamese ships, government service ships, submarines, diving vessels, floating storage units, and mobile platforms.

4. One (1) certified copy of the Agency Contract or one (1) certified copy of the appointment letter designating the agency representing the foreign ship owner (in the case where the applicant is the agency representing the foreign ship owner) or one (1) certified copy of the Charter Party between the foreign ship owner and a Vietnamese legal entity.

1. The ship owner or the agency representing the foreign ship owner or the Vietnamese legal entity chartering the ship from the foreign ship owner shall submit one (1) set of application documents as prescribed in Article 6 of this Circular directly or through postal services or other appropriate methods to the Vietnam Maritime Administration.

Article 7. Procedure for receiving, processing applications and issuing Domestic Sea Transport Permits

5. The Ministry of Transport shall deliver the results through postal services or other appropriate methods to the ship owner or the agency representing the ship owner; and simultaneously send copies to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Maritime Administration for coordinated management and monitoring.

EMERGENCY RELIEF AND HUMANITARIAN ASSISTANCE

Section 2
DISEASE OUTBREAKS

OR 1. Official letter from the competent authority requesting foreign ships to enter domestic transportation.

Article 8. Application Documents for Requesting Issuance of Domestic Sea Transport Permit

The documents for application for issuance of Domestic Sea Transport Permits include:

1. The ship owner or the agency representing the foreign ship owner shall submit one (1) set of application documents as prescribed in Article 8 of this Circular directly or through postal services or other appropriate methods to the Vietnam Maritime Administration.

4. One (1) certified copy of the Agency Contract or one (1) certified copy of the appointment letter designating the agency representing the foreign ship owner (in the case where the applicant is the agency representing the foreign ship owner) or one (1) certified copy of the Charter Party between the foreign ship owner and a Vietnamese legal entity.

1. The ship owner or the agency representing the foreign ship owner or the Vietnamese legal entity chartering the ship from the foreign ship owner shall submit one (1) set of application documents as prescribed in Article 6 of this Circular directly or through postal services or other appropriate methods to the Vietnam Maritime Administration.

Article 9. Procedure for Receiving, Processing Applications and Issuing Domestic Sea Transport Permit

4. Within one (1) working day from the date of receipt of the review report from the Vietnam Maritime Administration, the Ministry of Transport shall consider and issue the domestic sea transport permit according to the model prescribed in Appendix II attached to this Circular. If the permit is not issued, the Ministry of Transport must respond in writing and specify the reasons.

5. The Ministry of Transport shall deliver the results through postal services or

Section 3
TO LAND

4. One (1) certified copy of the Agency Contract or one (1) certified copy of the appointment letter designating the agency representing the foreign ship owner (in the case where the applicant is the agency representing the foreign ship owner).

Article 10. Documents for Application for Domestic Maritime Transport Permit

The documents for application for issuance of Domestic Sea Transport Permits include:

3. One (1) set of ship inspection files including certificates regarding technical safety and environmental protection issued to the ship (copies) in accordance with Circular No. 41/2016/TT-BGTVT dated December 16, 2016 of the Minister of Transport stipulating the list of certificates and documents of Vietnamese ships, government service ships, submarines, diving vessels, floating storage units, and mobile platforms.

4. One (1) certified copy of the Agency Contract or one (1) certified copy of the appointment letter designating the agency representing the foreign ship owner (in the case where the applicant is the agency representing the foreign ship owner) or one (1) certified copy of the Charter Party between the foreign ship owner and a Vietnamese legal entity.

1. The ship owner or the agency representing the foreign ship owner or the Vietnamese legal entity chartering the ship from the foreign ship owner shall submit one (1) set of application documents as prescribed in Article 6 of this Circular directly or through postal services or other appropriate methods to the Vietnam Maritime Administration.

5. Detailed plan for the implementation of passenger and luggage transportation from cruise tourist ships to the mainland and vice versa.

Article 11. Procedure for Acceptance, Processing of Documents and Issuance of Domestic Maritime Transport Permit

3. Within one working day from the date of receipt of complete documents, the Maritime Port Authority shall review the documents and issue the Domestic Sea Transport Permit in accordance with the form prescribed in Appendix III attached to this Circular. If the Domestic Sea Transport Permit is not issued, a written response stating the reasons must be provided.

Section 4
REVOCATION OF DOMESTIC MARITIME TRANSPORT PERMIT

Article 12. Circumstances for Revocation of Domestic Maritime Transport Permit

The Domestic Maritime Transport Permit will be revoked in the following circumstances:

1. The vessel is no longer capable of meeting the legal requirements for transporting goods, passengers, and baggage.

2. Transporting goods, passengers, and baggage not in accordance with the contents specified in the Domestic Sea Transport Permit.

3. Forgery, alteration, or intentional distortion of information related to the vessel, transport route, goods, passengers, and baggage.

Article 13. Authority to Revoke Domestic Maritime Transport Permit

1. The Minister of Transport shall revoke the Domestic Sea Transport Permit stipulated in Clause 1, Article 4 of this Circular.

2. The Director of the Maritime Port Authority in the region shall revoke the Domestic Sea Transport Permit stipulated in Clause 2, Article 4 of this Circular.

Chapter III
IMPLEMENTATION

Article 14. Responsibilities of Organizations and Individuals Involved

1. Responsibilities of organizations and individuals owning foreign vessels participating in domestic maritime transport:

a) Conduct domestic sea transportation strictly in accordance with the contents stated in the Domestic Sea Transport Permit;

b) The Domestic Sea Transport Permit must be carried on board the vessel and presented to the Maritime Port Authority and relevant agencies at the port when handling procedures for the vessel's arrival or departure;

c) Not to erase or distort information in the Domestic Maritime Transport Permit;

d) Not to use fake Domestic Maritime Transport Permits;

d) Not engage in any deceptive acts to obtain a new Domestic Sea Transport Permit.

2. Responsibilities of the Vietnam Maritime Administration:

a) To accept and process documents in accordance with the procedures prescribed in this Circular and bear responsibility for the content related during the document review process;

b) To conduct inspections, audits, and reviews for issuing Domestic Maritime Transport Permits in accordance with regulations;

c) Direct the Maritime Port Authorities to carry out inspections, audits, and supervision to promptly detect violations involving foreign vessels engaged in domestic transportation;

d) Monthly compile and publish on the Vietnam Maritime Administration’s website a list of foreign vessels participating in domestic transportation;

d) Serve as the point of contact for all information regarding foreign vessels engaged in domestic transportation. Resolve according to authority or report to higher authorities for handling cases of violation of this Circular and Vietnamese laws;

e) Compile information and statistical data related to cargo, passengers, and baggage transported by sea; results of issuing permits to foreign vessels for domestic transportation; report to the Ministry of Transport before December 25 each year.

3. Responsibilities of the Maritime Port Authority:

a) Issue the Domestic Sea Transport Permit to foreign vessels transporting passengers and baggage from cruise ships to the mainland and vice versa using the transfer facilities of those cruise ships;

b) Carry out inspections, audits, and supervision to promptly detect violations related to the domestic sea transportation activities of foreign vessels.

Article 15. Effective Date

1. This Circular takes effect from July 1, 2017, and replaces Circular No. 04/2012/TT-BGTVT dated February 29, 2012, of the Minister of Transport on procedures for granting permits to foreign vessels for domestic transportation.

2. In cases where the referenced documents in this Circular are amended or supplemented, they shall be applied in accordance with the provisions of those documents.

Article 16. Implementation Organization

1. The Vietnam Maritime Administration and the Maritime Port Authority are responsible for implementing this Circular.

2. The Head of the Ministry's Office, the Chief Inspector of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, and the Heads of organizations and individuals concerned are responsible for enforcing this Circular./.

Appendix I

Application Form

(Annexed to Circular No. 50/2016/TT-BGTVT dated December 30, 2016)

of the Ministry of Transport)

PETITION FOR APPLICATION

APPLICATION FOR DOMESTIC SEA TRANSPORT PERMIT

Respectfully submitted to: (name of receiving agency)

- Requesting organization: …

Address: …Telephone …Fax …

- Vessel Management and Operation Unit: …

Address: …Telephone …Fax …

- Ship Owner: …

Address: …Telephone …Fax …

Request for foreign vessel to conduct domestic sea transportation in Vietnam with the following information:

a) Vessel Name: …; Nationality: …

1. Information about the ship:

b) Year Built: …; Type of Vessel: …

c) Call Sign/IMO Number: …; Gross Tonnage (DWT): …

d) Total Volume: …

a) Type of Cargo or Number of Passengers: …

2. Information about cargo or passengers, duration of transport and route:

b) Duration of Transportation or Number of Trips: …

c) Route: …

3. Provide a clear explanation of the purpose and reason for requesting the Domestic Sea Transport Permit.

Sample of the Domestic Sea Transport Permit Issued by the Ministry of Transport

We hereby undertake full responsibility for the authenticity of the application and the operation of the foreign ship in Vietnam in accordance with the law./.

Seal Registration Certificate

(Annexed to Circular No. 50/2016/TT-BGTVT dated December 30, 2016)

Number: …/20…/GPVT

of the Ministry of Transport)

 

DOMESTIC SEA TRANSPORT PERMIT

The Minister of Transport permits the foreign vessel with the following basic parameters to conduct domestic sea transportation:

a) Type of Cargo: …

1. Information about the ship:

b) Year Built: …; Type of Vessel: …

c) Call Sign/IMO Number: …; Gross Tonnage (DWT): …

d) Total Volume: …

a) Type of Cargo or Number of Passengers: …

2. Information about cargo, duration of transport and route:

b) Duration of Transportation: From … Day … Month … Year … To … Day … Month … Year …

a) Place and Date of Issuance of the Permit: …

3. Provide a clear explanation of the purpose and reason for requesting the Domestic Sea Transport Permit.

……………………………………………………………………….............

3. Additional information:

b) Vessel Management and Operation Unit (Name, Address, Telephone): …

c) Vessel Owner (Name, Address, Telephone): …

Sample of the Domestic Sea Transport Permit Issued by the Maritime Port Authority

 

 Appendix III

MARITIME PORT AUTHORITY …

Number: …/20…/GPVT

of the Ministry of Transport)

DOMESTIC SEA TRANSPORT PERMIT

The Minister of Transport permits the foreign vessel with the following basic parameters to conduct domestic sea transportation:

a) Number of Passengers: …

1. Information about the ship:

b) Year Built: …; Type of Vessel: …

c) Call Sign/IMO Number: …; Gross Tonnage (DWT): …

d) Total Volume: …

a) Type of Cargo or Number of Passengers: …

2. Information about passengers, duration of transport and route:

b) Duration of Transportation: …

b) Vessel Management and Operation Unit (Name, Address, Telephone): …

3. Provide a clear explanation of the purpose and reason for requesting the Domestic Sea Transport Permit.

3. Additional information:

b) Vessel Management and Operation Unit (Name, Address, Telephone): …

b) Management and operation unit of the ship (name, address, telephone)...

Sample of the Domestic Sea Transport Permit Issued by the Maritime Port Authority