Decree No. 74/2023/ND-CP Amending and supplementing certain articles of decrees related to the delegation of administrative procedures in the maritime sector

DECREE

Amending and supplementing certain articles of Decrees related to the delegation of administrative procedure resolution levels 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 Environmental Protection Law dated November 17, 2020;

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 the delegation of administrative procedure resolution levels in the maritime sector.

Article 1. Amending and supplementing certain articles of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code on maritime activity management which has been amended and supplemented by Decree No. 69/2022/NĐ-CP dated September 23, 2022 of the Government amending and supplementing certain articles of Decrees related to business activities in the maritime sector.

1. Amending and supplementing Clause 2, Clause 5 and adding Clause 5a after Clause 5 of Article 39 as follows:

a) Amending and supplementing Clause 2 of Article 39 as follows:

"2. A maritime safety assurance enterprise shall promptly establish maritime signals to serve urgent maritime safety assurance, and report immediately to the Vietnam Maritime Administration and the maritime port area authority. Maritime signals established to serve urgent maritime safety assurance are not required to follow the procedures for establishing maritime signals under Article 40 and putting maritime signals into use under Article 41 of this Decree but only need to implement the procedure for publishing a maritime notice regarding the establishment of new maritime signals."

b) Amending and supplementing Clause 5 of Article 39 as follows:

"5. Organizations and individuals specified in Clause 3 of this Article must obtain approval from the maritime port authority or the Vietnam Maritime Administration regarding the location, scale, and type of maritime signals according to Article 40 of this Decree before proceeding with the establishment of maritime signals."

c) Adding Clause 5a after Clause 5 of Article 39 as follows:

"5a. For maritime signals belonging to construction investment projects that have been agreed upon in writing or approved in the maritime safety assurance plan by competent authorities in charge of maritime affairs, it is not necessary to follow the procedure for approving the establishment of maritime signals under Article 40 of this Decree."

2. Amending and supplementing Article 40 as follows:

"Article 40. Procedure for approving the establishment of maritime signals

1. Documents for the procedure for approving the establishment of maritime signals include:

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 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 layout, coordinates of the location for establishing the maritime signal.

2. For maritime signals located within port waters, organizations and individuals submit one set of documents directly or through the postal service or through the online public service system to the maritime port authority.

The maritime port authority receives the documents; if the documents are incomplete, within two working days from the date of receipt, the maritime port authority guides the completion of the documents according to this Decree. If the documents are complete, within five working days from the date of receipt, the maritime port authority issues a document approving the establishment of maritime signals; in case of disapproval, a written response with clear reasons must be provided.

3. For maritime signals located outside port waters or for systems of maritime signals located simultaneously within and outside port waters or for systems of maritime signals located simultaneously in multiple port waters managed by different maritime port authorities, organizations and individuals submit one set of documents directly or through the postal service or through the online public service system to the Vietnam Maritime Administration.

The Vietnam Maritime Administration receives the documents; if the documents are incomplete, within two working days from the date of receipt, the Vietnam Maritime Administration guides the completion of the documents according to this Decree. If the documents are complete, within five working days from the date of receipt, the Vietnam Maritime Administration issues a document approving the establishment of maritime signals; in case of disapproval, a written response with clear reasons must be provided."

3. Amending and supplementing Article 41 as follows:

"Article 41. Procedures for putting maritime signals into use

1. The dossier for putting maritime signals into use 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 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 survey and obstacle clearance chart of the new shipping channel for maritime signals on newly constructed shipping channels, carried out by units with measurement and survey functions and jointly responsible with the investor for the legal validity of the survey dossier;

d) 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 maritime notice regarding the establishment of new maritime signals.

2. For maritime signals located within port waters, the investor shall submit one set of the dossier directly or through the postal system or through the online public service system to the Port Maritime Service.

The Port Maritime Service will accept the dossier; if the dossier is not valid, within two working days from the date of receipt of the dossier, the Port Maritime Service will guide the completion of the dossier in accordance with this Decree. If the dossier is valid, within five working days from the date of receipt of the dossier, the Port Maritime Service will issue a decision document on putting maritime signals into use; in case of non-approval, it must reply in writing and specify the reasons.

3. For maritime signals located outside port waters or for a system of maritime signals located simultaneously within and outside port waters or for a system of maritime signals located simultaneously in multiple port waters under the management of different Port Maritime Services, the investor shall submit one set of the dossier directly or through the postal system or through the online public service system to the Vietnam Maritime Administration.

The Vietnam Maritime Administration will accept the dossier; if the dossier is not valid, within two working days from the date of receipt of the dossier, the Vietnam Maritime Administration will guide the completion of the dossier in accordance with this Decree. If the dossier is valid, within five working days from the date of receipt of the dossier, the Vietnam Maritime Administration will issue a decision document on putting maritime signals into use; in case of non-approval, it must reply in writing and specify the reasons.

4. Amend and supplement point a of Clause 2 of Article 99 as follows:

"a) Documents to be submitted (originals), one copy each, including (the forms of documents are prescribed in the Appendix issued together with this Decree): General Declaration Form (for inland waterway vessels) according to Model No. 59, Crew List (for inland waterway vessels) according to Model No. 60, Passenger List (for passenger-carrying vessels) according to Model No. 61, Departure Permit;"

5. Add point a1 after point a of Clause 2 of Article 100 as follows:

"a1. Crew List (if there is any change) according to Model No. 60;"

6. Amend and supplement Clause 3 of Article 110 as follows:

"3. Before issuing permission for aquaculture activities in port waters, the competent authority issuing such permission under the Fisheries Law must seek the opinion of the relevant Port Maritime Service."

7. Replace Models Nos. 42, 43, 44, 47, 48, 57, and 58 of Decree No. 58/2017/NĐ-CP with Models Nos. 42, 43, 44, 47, 48, 57, and 58 at Section 1 of the Appendix issued together with this Decree.

Article 2. Amending and supplementing some articles of Decree No. 38/2017/NĐ-CP dated April 4, 2017 of the Government on investment in construction, management, and operation of inland container terminals

1. Amending and supplementing Clause 3 of Article 22 as follows:

"3. Procedures for announcing temporary suspension of operations or closure of inland container terminals

a) Organizations or individuals proposing to temporarily suspend operations or close an inland container terminal shall submit one set of documents directly or through the postal service or via the online public service system to the Vietnam Maritime Administration. The documents include the Application Form for Temporary Suspension of Operations or Closure of Inland Container Terminal according to Model No. 04 stipulated in the Appendix attached to this Decree;

b) Within five working days from the date of receipt of the request, the Vietnam Maritime Administration shall issue a decision to announce the temporary suspension of operations or closure of the inland container terminal according to Model No. 05 stipulated in the Appendix attached to this Decree; in case of disagreement, it must provide a written response to the applicant and clearly state the reasons."

2. Amending and supplementing Article 24 as follows:

"Article 24. Procedures for changing the name of an inland container terminal

1. The project investor or the person managing the operation of the inland container terminal shall submit directly or through the postal service or via the online public service system to the Vietnam Maritime Administration one Application Form according to Model No. 06 stipulated in the Appendix attached to this Decree.

2. The Vietnam Maritime Administration shall accept the documents, check their compliance. If the documents are not compliant or the name of the inland container terminal is not appropriate, within two working days from the date of receipt of the documents, the Vietnam Maritime Administration shall guide the project investor or the operator of the inland container terminal to complete the documents in accordance with regulations.

3. Within three working days from the date of receipt of the compliant documents, the Vietnam Maritime Administration shall issue a decision to change the name of the inland container terminal; in case of non-approval, it must provide a written response to the applicant and clearly state the reasons."

3. Replacing Model No. 04, Model No. 05, and Model No. 06 in the Appendix attached to Decree No. 38/2017/NĐ-CP with Model No. 04, Model No. 05, and Model No. 06 in Section 2 of the Appendix attached to this Decree.

Article 3. Amending and supplementing some articles of Decree No. 29/2017/NĐ-CP dated March 20, 2017 of the Government on conditions for training institutions and organizations recruiting and supplying seafarers, which has been amended and supplemented by Decree No. 69/2022/NĐ-CP dated September 23, 2022 of the Government amending and supplementing some articles of decrees related to business activities in the maritime sector, effective from October 30, 2022

1. Amending and supplementing Clause 4 and Clause 6 of Article 3 as follows:

a) Amend and supplement Clause 4 as follows:

"4. The Certificate of Eligibility for Training and Training Seafarers (hereinafter referred to as the Certificate) is a document issued by the Director of the Vietnam Maritime Administration to institutions meeting the conditions for operating in the field of training and training seafarers."

b) Amend and supplement Clause 6 as follows:

"6. The Confirmation of Compliance for Recruitment and Supply of Seafarers (hereinafter referred to as the Confirmation) is a document issued by the Head of the Vietnam Maritime Branch to organizations recruiting and supplying seafarers to confirm compliance with recruitment and supply of seafarers in accordance with the provisions of the MLC Convention."

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

"Article 7. Issuing the Certificate

1. The Director of the Vietnam Maritime Administration shall issue the Certificate in accordance with this Decree.

2. Training and training institutions shall submit one set of documents directly or through the postal service or via the online public service system to the Vietnam Maritime Administration. The documents include:

a) An Application Form according to Model No. 01 stipulated in the Appendix attached to this Decree;

b) A certified copy or a copy made from the original book or a copy accompanied by the original for comparison or an electronic copy made from the original book or an electronically certified copy made from the original for comparison of the Decision on Establishment or Permission to Establish the Training and Training Institution;

c) The original Detailed Report on Conditions Ensuring Training and Training Activities according to Model No. 02 stipulated in the Appendix attached to this Decree.

3. The Vietnam Maritime Administration shall accept the documents. If the documents are not compliant, within three working days from the date of receipt of the documents, the Vietnam Maritime Administration shall issue a written guidance to the training and training institution to complete the documents in accordance with this Decree. If the documents are compliant, within fifteen working days from the date of receipt of the documents, the Vietnam Maritime Administration shall organize an on-site inspection and issue the Certificate according to Model No. 03 stipulated in the Appendix attached to this Decree; in case of non-issuance, it must provide a written response and clearly state the reasons."

3. Amending and supplementing Clause 2 and Clause 3 of Article 8 as follows:

"2. Training and training institutions shall submit directly or through the postal service or via the online public service system to the Vietnam Maritime Administration one Application Form requesting reissue of the Certificate according to Model No. 01 stipulated in the Appendix attached to this Decree, stating the reason for reissuance along with supporting documents proving changes in information about the training institution (if any). Within three working days from the date of receipt of the application, the Vietnam Maritime Administration shall reissue the Certificate; in case of non-reissuance, it must provide a written response and clearly state the reasons.

3. When reissuing the Certificate, the Vietnam Maritime Administration must clearly record in the new Certificate that it replaces the old Certificate and must announce on the Vietnam Maritime Administration's official website."

4. Amending and supplementing Clause 2 and Clause 3 of Article 9 as follows:

"2. The Director of the Vietnam Maritime Administration shall issue a decision to suspend training and training of seafarers. The decision to suspend training and training of seafarers must clearly specify the reason for suspension, the duration of suspension, measures to ensure the rights of teachers, students, and workers in the training and training institution, and must be announced on the Vietnam Maritime Administration's official website.

3. After the suspension period, if the cause leading to the suspension is resolved, the Director of the Vietnam Maritime Administration shall issue a decision allowing the training and training institution to resume training and training activities."

5. Amending and supplementing Clause 2 and Clause 3 of Article 10 as follows:

"2. The Director of the Vietnam Maritime Administration shall issue a decision to revoke the Certificate and announce it on the Vietnam Maritime Administration's electronic information portal, while simultaneously sending it to relevant agencies for coordination in management.

3. Training institutions must immediately cease their activities of training and instructing seafarers according to the decision to revoke the Certificate issued by the Director of the Vietnam Maritime Administration."

6. Amending and supplementing Article 11 as follows:

"Article 11. Evaluation of training institutions for seafarers

1. Annually, the Vietnam Maritime Administration shall organize the evaluation of training institutions for seafarers regarding their training and instruction of seafarers in accordance with the standards prescribed by law.

2. Every five years, the Vietnam Maritime Administration shall organize independent evaluations of training institutions for seafarers according to the standards prescribed by the STCW Convention."

7. Amend and supplement Article 13 as follows:

"Article 13. Procedures for Issuing the Confirmation Certificate

1. Organizations recruiting and supplying seafarers shall submit directly or through the postal system or through the online public service system to the Vietnam Maritime Branch one set of application documents. The application 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 accompanied by the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original seafarer employment abroad permit or leasing permit or subleasing permit for seafarers working on ships under leasing or subleasing labor conditions or sending workers to work abroad as prescribed by law;

c) A certified copy or a copy accompanied by the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original certificate of conformity to the quality management system standard ISO 9001 and Regulation 1.4 of the MLC Convention concerning recruitment and supply services for seafarers.

2. The Vietnam Maritime Branch shall accept the application documents. If the application is not valid, within three working days from the date of receipt of the application, the Vietnam Maritime Branch shall issue a written notice and guide the organization recruiting and supplying seafarers to complete the application documents in accordance with this Decree. If the application is valid, within three working days from the date of receipt of the application, the Vietnam Maritime Branch must issue the Confirmation Certificate according to Form No. 05 stipulated in the Appendix promulgated together with this Decree; if not issued, there must be a written response stating the reasons.

3. The Vietnam Maritime Branch shall announce information about organizations recruiting and supplying seafarers who have been issued the Confirmation Certificate on the Vietnam Maritime Branch's electronic information portal."

8. Amend and supplement Clause 2 and Clause 3 of Article 14 as follows:

"2. Organizations recruiting and supplying seafarers shall submit directly or through the postal system or through the online public service system to the Vietnam Maritime Branch one set of application documents for reissuing the Confirmation Certificate. The application 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 accompanied by the original for verification or an electronic copy or an electronic copy from the original record or an electronically certified copy from the original business registration certificate (in cases where business information changes).

Within three working days from the date of receipt of the request, the Vietnam Maritime Branch shall reissue the Confirmation Certificate and deliver the result directly or through the postal system or through the online public service system to the organization recruiting and supplying seafarers; if not approved, the Vietnam Maritime Branch must issue a written response stating the reasons. 3. When reissuing the Confirmation Certificate, the Vietnam Maritime Branch must clearly state in the new Confirmation Certificate that it replaces the old one and announce it on the Vietnam Maritime Branch's electronic information portal."

9. Amend and supplement Clause 2 of Article 15 as follows:

"2. The Director of the Vietnam Maritime Branch shall decide to revoke the Confirmation Certificate and announce it on the Vietnam Maritime Branch's electronic information portal, while simultaneously sending it to relevant agencies for coordination in implementation of management."

10. Replace Form No. 01, Form No. 03, Form No. 04, and Form No. 05 at the Appendix promulgated together with Decree No. 29/2017/NĐ-CP with Form No. 01, Form No. 03, Form No. 04, and Form No. 05 at Section 3 of the Appendix promulgated together with this Decree.

Article 4. Amending and supplementing certain provisions of Decree No. 82/2019/NĐ-CP dated November 12, 2019 of the Government on the importation and dismantling of used ships

1. Unit prices for construction projects published by the People's Committee of the province in accordance with Clause 2, Article 26 of Decree No. 10/2021/NĐ-CP serve as the basis for determining and managing construction investment costs within the province. The unit prices for construction projects published by the People's Committee of the province are determined based on construction norms issued by competent authorities and the cost factors' prices specified in Clause 3, Clause 4, and Clause 5 of this Article, consistent with the time of determining the unit price for construction projects. Cost factors' prices include: material prices, labor unit prices, machinery and equipment rental prices.

"Article 8. Competence to decide on the operation commencement of ship dismantling facilities

The Director of the Vietnam Maritime Administration decides on the operation commencement of ship dismantling facilities.

2. Amendment and supplementation of Article 9 as follows:

"Article 9. Procedures for deciding on the operation commencement of ship dismantling facilities

1. The owner of the ship dismantling facility submits one set of application documents for the operation commencement of the ship dismantling facility directly, through the postal service system, or through the online public service system to the Vietnam Maritime Administration.

2. The application documents for the operation commencement of the ship dismantling facility include:

a) A request for the operation commencement of the ship dismantling facility according to Model No. 01 prescribed in the Appendix issued together with this Decree;

b) An environmental permit of the ship dismantling facility owner issued by the competent state agency (certified copy or copy with original for comparison or electronic copy or electronic copy from the original record or certified electronic copy from the original);

c) Procedures for controlling hazardous factors and harmful elements and technical emergency plans causing serious occupational safety and health incidents (original or certified copy or electronic copy or certified electronic copy from the original);

d) Fire prevention and fighting inspection and acceptance report of the Fire Prevention and Fighting Police Department (certified copy or copy with original for comparison or electronic copy or electronic copy from the original record or certified electronic copy from the original).

3. Procedure for receiving and processing documents:

a) The Vietnam Maritime Administration receives the documents, checks their compliance; if the documents are not valid, within two working days from the date of receipt, the Vietnam Maritime Administration guides the ship dismantling facility owner to complete the documents in accordance with this Decree.

b) Within five working days from the date of receiving valid documents, the Vietnam Maritime Administration decides on the operation commencement of the ship dismantling facility according to Model No. 02 prescribed in the Appendix issued together with this Decree; in case of non-approval, a written response must be provided with clear reasons. During the document processing period, the Vietnam Maritime Administration may conduct activities such as surveying and verifying information and data about the material infrastructure of the ship dismantling facility.

3. Amending and supplementing Article 11 as follows:

"Article 11. Decision to immediately stop the operation of ship dismantling facilities

1. The Vietnam Maritime Administration decides to immediately stop the operation of the facility in cases where the ship dismantling facility causes serious accidents or incidents affecting people and the environment, based on the proposal of the competent state agency.

2. Based on the recommendations and suggestions of the competent state agency, within one working day from the date of receipt of the request, the Vietnam Maritime Administration considers and decides to stop the operation of the ship dismantling facility.

3. The Vietnam Maritime Administration informs relevant agencies and announces the decision to immediately stop the operation of the ship dismantling facility on the Vietnam Maritime Administration's electronic portal.

4. Amending and supplementing Article 12 as follows:

"Article 12. Decision to suspend operations of shipbreaking facilities

1. The Vietnam Maritime Administration decides to suspend the operations of shipbreaking facilities in the following cases based on the proposal of competent state agencies:

a) The shipbreaking facility does not meet the conditions for operation as stipulated in Article 7 of this Decree;

b) For reasons of national defense and security;

c) In case of epidemics, natural disasters, catastrophes, and other cases as prescribed by law.

2. Based on proposals and recommendations from competent state agencies, within five working days from the date of receipt of the request document, the Vietnam Maritime Administration shall examine and decide to suspend the operations of shipbreaking facilities; if the decision is not to suspend the operations of used shipbreaking facilities, the Vietnam Maritime Administration must issue a written response stating the reasons.

3. The Vietnam Maritime Administration shall notify relevant agencies and publish the decision to suspend the operations of shipbreaking facilities on the Vietnam Maritime Administration's electronic portal.

5. Replace Model No. 01, Model No. 02, and Model No. 03 attached to Decree No. 82/2019/NĐ-CP with Model No. 01, Model No. 02, and Model No. 03 in Section 4 of the Appendix attached to this Decree.

Article 5. Implementation Provisions

1. This Decree takes effect from November 27, 2023. Clause 7 of Article 1 of this Decree takes effect from October 11, 2024.

2. Transitional provisions:

a) Approval documents, Decisions, Certificates, Confirmation Letters that have been approved or issued by competent authorities before the effective date of this Decree shall continue to be implemented until their expiration dates as specified in those documents;

b) For applications for approval documents, Decisions, Certificates, Confirmation Letters submitted to competent authorities before the effective date of this Decree, the authorities that received the applications shall continue to process them according to the legal regulations in force at the time of application submission;

c) The Director of the Vietnam Maritime Administration has the authority to revoke Certificates issued before the effective date of this Decree; the Head of the Vietnam Maritime Branch has the authority to revoke Confirmation Letters issued before the effective date of this Decree.

3. This Decree abolishes:

a) Article 3, Clause 6 and Clause 7 of Article 4 of Decree No. 69/2022/NĐ-CP dated September 23, 2022 of the Government amending and supplementing certain provisions of Decrees related to business activities in the maritime sector;

b) Article 18 of Decree No. 29/2017/NĐ-CP dated March 20, 2017 of the Government prescribing conditions for training institutions, training organizations, and recruitment and supply of seafarers in the maritime sector.

4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for guiding and implementing this Decree.