Decree No. 69/2022/ND-CP Amending and supplementing certain articles of decrees related to business operations in the maritime sector

DECREE

Amending and supplementing certain articles of decrees related to business activities in the maritime sector

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the proposal of the Minister of Transport;

The Government promulgates this Decree amending and supplementing certain articles of decrees related to business activities in the maritime sector.

Article 1. Amending and supplementing certain articles of Decree No. 70/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for providing maritime safety assurance services and Decree No. 147/2018/NĐ-CP dated October 24, 2018 of the Government amending and supplementing certain articles of decrees on conditions for business activities in the maritime sector.

1. Amending and supplementing Point a and Point c Clause 2 Article 19 of Decree No. 70/2016/NĐ-CP as follows:

a) Amending and supplementing Point a Clause 2 Article 19 as follows:

"a) The pilot company shall directly send or through postal service or through online public service system or by other appropriate means to the Vietnam Maritime Administration the dossier prescribed in Clause 1 of this Article;"

b) Amending and supplementing Point c Clause 2 Article 19 as follows:

"c) In case of receipt through postal service or through online public service system or by other appropriate means, if the dossier is not complete as prescribed, within two working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall send a document to the pilot company through postal service or through online public service system or by other appropriate means, stating the reasons and requesting supplementation and completion of the dossier;"

2. Replacing the phrase "at least five years" with "at least three years" in Clause 2 Article 5, Clause 2 Article 6, Clause 2 Article 7, Clause 2 Article 8, Clause 2 Article 10, Clause 2 Article 11, Clause 2 Article 12, Clause 1 Article 14, and Article 16 of Decree No. 70/2016/NĐ-CP which has been amended and supplemented at Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 9, and Clause 11 Article 2 of Decree No. 147/2018/NĐ-CP.

Article 2. Amending and supplementing certain articles of Decree No. 37/2017/NĐ-CP dated April 4, 2017 of the Government on conditions for port operation business.

1. Amending and supplementing Clause 1 and Clause 3 Article 10 as follows:

a) Amend and supplement Clause 1 of Article 10 as follows:

"1. A port enterprise applying for issuance of a Business Condition Certificate (hereinafter referred to as the Certificate) must directly send or through postal service or through online public service system or by other appropriate means to the Vietnam Maritime Administration one set of dossier. The dossier includes:

a) An application form for issuance of the Certificate according to Model No. 01 stipulated in the Appendix attached hereto;

b) A certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Enterprise Registration Certificate;

c) A list of positions and labor contracts accompanied by a certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the certificates according to the positions specified in Clause 2 Article 6 of this Decree;

d) The original or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Port Operation Plan of the port enterprise."

"3. Submission of application: Organizations and individuals complete one set of application forms as prescribed and submit directly or through postal services or via the online public service portal or by other suitable means to the Inspection Branch."

"3. Within seven working days from the date of receipt of a complete and valid dossier, the Vietnam Maritime Administration shall organize verification and issue the Certificate and directly send or through postal service or through online public service system or by other appropriate means to the port enterprise; in case of non-issuance of the Certificate, the Vietnam Maritime Administration must provide a written response stating the reasons."

2. Amend and supplement Clause 2 Article 11 as follows:

"2. A port enterprise shall directly send or through postal service or through online public service system or by other appropriate means to the Vietnam Maritime Administration one set of dossier for reissuance of the Certificate. The dossier includes:

a) An application form for reissuance of the Certificate according to Model No. 01 stipulated in the Appendix attached hereto;

b) A certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Enterprise Registration Certificate (in case of change of information about the enterprise);

c) The original or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Port Operation Plan of the port enterprise (in case of change of content regarding location, scale, or function of the port)."

3. Amend and supplement Clause 4 of Article 11 as follows:

"4. Within three working days from the date of receipt of a complete and valid dossier, the Vietnam Maritime Administration shall check and reissue the Certificate and directly send or through postal service or through online public service system or by other appropriate means to the port enterprise; in case of non-reissuance of the Certificate, the Vietnam Maritime Administration must provide a written response stating the reasons."

4. Amending and supplementing the accompanying documents at Model No. 01 Appendix of the templates used in port operation business activities promulgated together with Decree No. 37/2017/NĐ-CP as follows:

"Accompanying documents:

1. A certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Enterprise Registration Certificate (in case of application for issuance of certificate or change of information about the enterprise in case of reissuance)

2. A list of positions and labor contracts accompanied by a certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the certificates according to the positions (in case of application for issuance of certificate).

3. The original or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Port Operation Plan of the port enterprise (in case of application for issuance of certificate or change of content regarding location, scale, or function of the port in case of reissuance)."

1. Amending and supplementing Clause 1 of Article 13 as follows:

"1. Recruitment and supply organizations of seafarers shall directly send or through the postal system or through the online public service system or by other appropriate means to the Vietnam Maritime Administration one set of application dossier. The dossier includes:

a) Application form according to Form No. 04 stipulated in the Appendix promulgated together with this Decree;

b) A certified copy or a copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original permit to send seafarers to work abroad or a rental permit or a sublet permit for seafarers working on ships under a rental or sublet labor arrangement or sending workers to work abroad according to the provisions of the law;

c) A certified copy or a copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original Certificate of Compliance with the Quality Management System standard ISO 9001 and Regulation 1.4 of the MLC Convention on recruitment and supply services for seafarers."

2. Amending and supplementing Clause 2 of Article 14 as follows:

"2. Recruitment and supply organizations of seafarers shall directly send or through the postal system or through the online public service system or by other appropriate means to the Vietnam Maritime Administration one set of application dossier requesting issuance of the Confirmation Certificate. The dossier includes:

a) Application form for reissuing the Confirmation Certificate according to Form No. 04 stipulated in the Appendix promulgated together with this Decree;

b) A certified copy or a copy with original for comparison or an electronic copy or an electronic copy from the original book or an electronically certified copy from the original of the Enterprise Registration Certificate (in case of change of information about the enterprise);

c) The original Confirmation Certificate (in cases where the Confirmation Certificate has expired or been damaged).

Within three working days from the date of receipt of the request, the Vietnam Maritime Administration shall issue and directly send or through the postal system or through the online public service system or by other appropriate means the Confirmation Certificate to the recruitment and supply organizations of seafarers; if not approved, the Vietnam Maritime Administration must provide a written response stating the reasons."

3. Amending and supplementing Model No. 04 attached to Decree No. 29/2017/NĐ-CP with Model No. 04 attached to this Decree.

Article 4. Amending and supplementing some articles of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing some provisions of the Vietnam Maritime Code on maritime activity management.

1. Amending and supplementing Clause 1 and Clause 3 of Article 6 as follows:

a) Amending and supplementing Clause 1 of Article 6 as follows:

"1. Before approving the investment project, the investor shall directly send or through the postal system or through the online public service system or by other appropriate means to the Vietnam Maritime Administration the application dossier requesting agreement on the location and detailed technical specifications of the port, wharf, pier, and shipping channel. The dossier includes:

a) A document according to Model No. 01 prescribed in the Appendix issued together with this Decree requesting agreement on the location and detailed technical specifications of the port, wharf, pier, and shipping channel;

b) A copy or an electronic copy of the approval document for the investment proposal by the competent authority as stipulated in Clause 4 of Article 4 of this Decree;

c) The original or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original plan showing the coordinates of the main construction and other auxiliary constructions, the distance from the edge of the construction to adjacent constructions;

d) A copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original legal document regarding the land area for the project research (specifically the coordinates of the land boundary);

đ) A copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original opinion of the competent authority on fire prevention and firefighting for constructions requiring specific safety distances from adjacent constructions."

c) Amending and supplementing Clause 4 of Article 6 as follows:

"3. Within three working days from the date of receiving complete comments from relevant agencies on the investor's proposal, the Vietnam Maritime Administration shall issue a document agreeing on the location and detailed technical specifications and directly send or through the postal system or through the online public service system or by other appropriate means to the investor. If not approved, the Vietnam Maritime Administration must provide a written response stating the reasons."

2. Amend and supplement Clause 4 of Article 7 as follows:

"4. For projects crossing water areas of ports, shipping channels or constructions affecting maritime activities such as bridges, power lines, cable cars, underground constructions, and similar constructions, during the project proposal phase, the investor shall directly send or through the postal system or through the online public service system or by other appropriate means to the Vietnam Maritime Administration a document seeking opinions on the necessity, location, and planned scale of the construction, clearance height, and depth of the construction.

Within five working days from the date of receipt of the document seeking opinions and a copy of the overall layout plan of the construction, the Vietnam Maritime Administration shall provide a written response about the requirements that need to be followed to ensure maritime safety, maritime security, and environmental pollution prevention and directly send or through the postal system or through the online public service system or by other appropriate means to the investor; if not approved, the Vietnam Maritime Administration must provide a written response stating the reasons."

3. Amending and supplementing Clause 5 of Article 13 as follows:

"5. Procedure and formalities for requesting announcement of the opening of a shipping channel for use: After completing the new construction, adjustment, expansion, or upgrade of a shipping channel, the investor or the project management organization shall directly send or through the postal system or through the online public service system or by other appropriate means one set of dossier to the Vietnam Maritime Administration. The dossier includes:

a) A document requesting the announcement of the opening of the shipping channel for use according to Model No. 04 prescribed in the Appendix issued together with this Decree;

b) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original acceptance certificate to put the completed construction project into use, accompanied by the as-built drawings of the maritime channel and the maritime navigation signal system invested under the project;

c) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original operating guide for the maritime channel including: Channel rules, the maritime navigation signal system, design ship parameters, and other specific operating conditions;

d) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original maritime notice regarding the technical parameters of the maritime channel accompanied by the chart of the maritime channel; the maritime notice regarding the maritime navigation signal system invested under the project; the acceptance certificate between the investor and the competent authority regarding the results of the survey and clearance of underwater obstructions in the maritime channel and related waters.

Within three working days from the date of receipt of the dossier prescribed in this clause, the Vietnam Maritime Administration shall implement the announcement to put the channel into use in accordance with the regulations; in case of disagreement, the Vietnam Maritime Administration must provide a written response and clearly state the reasons.

4. Amend and supplement Clause 1 and Clause 4 of Article 14 as follows:

a) Amend and supplement Clause 1 of Article 14 as follows:

"1. After completing the construction of the port terminal, wharf, mooring buoy area, water area, or water zone, the investor shall directly submit or through the postal service or through the online public service system or by any suitable method one set of dossier to the Vietnam Maritime Administration requesting the announcement to open the port terminal, wharf, mooring buoy area, water area, or water zone."

b) Amend and supplement Clause 4 of Article 14 as follows:

"4. Procedure for receiving and processing dossiers: The Vietnam Maritime Administration receives the dossier; if the dossier is not valid, within the latest three working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall guide the completion of the dossier according to the provisions of this Decree. If the dossier is valid, within the latest three working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall announce the opening of the port terminal, wharf, water area, or water zone according to Model No. 07 stipulated in the Appendix promulgated together with this Decree and directly send or through the postal service or through the online public service system or by any suitable method to the investor."

5. Amend and supplement Point a Clause 2 of Article 17 as follows:

"a) The investor or the Port Maritime Office sends directly or through the postal service or through the online public service system or by any suitable method one document according to Model No. 10 stipulated in the Appendix promulgated together with this Decree;"

"1. Organizations or individuals shall directly submit or through the postal service or through the online public service system or by any suitable method one set of dossier to the Vietnam Maritime Administration. The dossier includes:

a) An application form of organizations and individuals according to Model No. 15 stipulated in the Appendix issued together with this Decree;

b) A copy with the original for comparison or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original technical design of the maritime signal;

c) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original chart, coordinates of the location of the establishment of maritime signals."

"1. The investor shall directly submit or through the postal service or through the online public service system or by any suitable method one set of dossier to the Vietnam Maritime Administration. The dossier includes:

a) A request document for putting maritime signals into use according to Model No. 16 prescribed in the Appendix issued together with this Decree;

b) A copy accompanied by the original for comparison or an electronic copy or an electronic copy from the original record book or an electronically certified copy from the original acceptance handover report;

c) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original survey chart and clearance of obstacles in the maritime channel for new maritime channels constructed by units with measurement and survey functions and jointly responsible with the investor for the legal validity of the survey dossier;

d) A certified copy with the original for comparison, or an electronic copy, or an electronic copy from the original record, or an electronically certified copy from the original maritime notice regarding the establishment of new maritime signals."

8. Amend and supplement Point b Clause 3 of Article 75 as follows:

"b) The Vietnam Maritime Administration receives the dossier; if the dossier is not valid, within the latest two working days from the date of receipt of the dossier, it must guide the completion of the dossier according to the provisions of this Decree. If the dossier is valid, within the latest seven working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall provide a written response and directly send or through the postal service or through the online public service system or by any suitable method to the person handling the procedure; in case of non-approval, the Vietnam Maritime Administration must provide a written response and clearly state the reasons."

9. Replace the phrase "or sent by any suitable method" with the phrase "or sent through the postal service or through the online public service system or by any suitable method" at Point a Clause 3, Point a Clause 5 of Article 25; Point a Clause 3 of Article 75.

10. Replace the phrase "and send the document to the investor through the postal service or the investor receives directly at the Vietnam Maritime Administration" with the phrase "and send directly or through the postal service or through the online public service system or by any suitable method to the investor" at Point b Clause 3, Clause 4, Point b Clause 5 of Article 25.

11. Replace the phrase "and send to the person requesting through the postal service or the person requesting to receive directly at the Vietnam Maritime Administration" with the phrase "and send directly or through the postal service or through the online public service system or receive by any suitable method to the organization or individual requesting" at Point b Clause 2 of Article 17.

Article 5. Amend and supplement some articles of Decree No. 05/2017/NĐ-CP dated January 16, 2017 of the Government on handling sunken assets on inland waterway routes, port water areas, and Vietnam's maritime zones.

1. Amending and supplementing Clause 1 of Article 13 as follows:

"1. Organizations and individuals shall submit directly or through the postal system or through the online public service system or by other appropriate means to the competent authority specified in Article 12 of this Decree one set of application documents for approval of the salvage plan for sunken assets."

2. Amending and supplementing Clause 3 of Article 13 as follows:

"3. In case the received application documents are not valid, the approving authority must guide the applicant to complete the documents in accordance with this Decree within no more than two working days from the date of receipt of the documents. If the documents are valid, the approving authority must issue a decision approving the salvage plan for sunken assets and send it directly or through the postal system or through the online public service system or by other appropriate means to the organization or individual within no more than ten working days from the date of receipt of the documents. In case of non-approval, the authority must issue a response letter stating the reasons."

Article 6. Effectiveness

1. This Decree takes effect from October 30, 2022.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for guiding and implementing this Decree.