Decree No. 89/2011/ND-CP amends and supplements certain articles of Decree No. 87/2009/ND-CP dated October 19, 2009 of the Government on international multimodal transport.

DECREE

Amending and supplementing some articles of Decree No. 87/2009/NĐ-CP

dated October 19, 2009 of the Government on multimodal transport

___________________

THE GOVERNMENT

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

Pursuant to the Vietnam Maritime Code on June 27, 2005;

Pursuant to the Road Traffic Law dated November 28, 2008;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Cooperatives dated November 26, 2003;

Based on the Investment Law dated November 29, 2005;

Based on the Customs Law dated June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Customs Law dated June 14, 2005;

Considering the proposal of the Minister of Transport,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 87/2009/NĐ-CP dated October 19, 2009 of the Government on multimodal transport with the following contents:

1. Amend Article 6 as follows:

"Procedures for Issuing International Multimodal Transport Business License"

2. Amend Clause 1 Article 6 as follows:

"1. Enterprises and cooperatives specified in Clause 1 and Clause 2 of Article 5 of this Decree shall submit one set of application documents for the issuance of an International Multimodal Transport Business License directly at the Ministry of Transport's Office or through postal service. The application package includes:

a) An application form for an International Multimodal Transport Business License (according to Form I attached hereto).

b) A certified copy of the Enterprise Registration Certificate or a certified copy of the Investment License including the registration of international multimodal transport business.

c) Confirmation of the enterprise's asset value from the financial management agency or the State Audit Agency, or an auditing firm. In case the enterprise or cooperative does not conduct an audit, it must be guaranteed by a banking organization equivalent."

3. Amending Clause 2 Article 6 as follows:

"2. Enterprises specified in Clause 3 of Article 5 of this Decree shall submit one set of application documents for the issuance of an International Multimodal Transport Business License directly at the Ministry of Transport's Office or through postal service. The application package includes:

a) An application form for an International Multimodal Transport Business License.

b) A copy of the International Multimodal Transport Business Registration Certificate issued by the competent authority of that country and legalized by consular certification.

c) Professional liability insurance contract for multimodal transport or equivalent guarantee."

4. Amend Clause 3 Article 6 as follows:

"3. Within seven working days from the date of receipt of complete application documents as prescribed, the Ministry of Transport shall issue an International Multimodal Transport Business License to the enterprise according to Form III attached to this Decree.

The International Multimodal Transport Business License is valid for five years from the date of issuance."

5. Supplement Clause 5 of Article 6 as follows:

"5. In case the application documents for an International Multimodal Transport Business License are incomplete as prescribed, within three working days from the date of direct receipt of the application or the postmark date, the Ministry of Transport must send a written response to the enterprise specifying the reasons."

6. Amend Clause 1 of Article 7 as follows:

"1. Enterprises and cooperatives specified in Clause 1, Clause 2, and Clause 3 of Article 5 of this Decree shall submit one set of application documents for reissuing an International Multimodal Transport Business License directly at the Ministry of Transport's Office or through postal service. The application package includes:

a) An application form for reissuing an International Multimodal Transport Business License (according to Form II attached hereto).

b) A certified copy of the Enterprise Registration Certificate (if there is any change).

c) Confirmation of the enterprise's asset value from the financial management agency or equivalent guarantee (if there is any change)."

7. Amend Clause 2 of Article 7 as follows:

"2. Within seven working days from the date of receipt of complete application documents as prescribed, the Ministry of Transport shall reissue an International Multimodal Transport Business License to the enterprise. This International Multimodal Transport Business License is valid for five years from the date of issuance."

8. Supplement Clause 3 of Article 7 as follows:

"3. In case the application documents for reissuing an International Multimodal Transport Business License are not valid, within three working days from the date of direct receipt of the application or the postmark date, the Ministry of Transport must send a written response to the enterprise specifying the reasons."

Article 2. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from November 25, 2011.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.