Decree No. 91/2001/ND-CP On Conditions for Operating Certain Sectors and Trades in Domestic Inland Waterway Transport

DECREE

On Conditions for Operating Certain Transportation Industries and Trades

Inland Waterway Transport

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the State Enterprise Law dated April 20, 1995;

Pursuant to the Cooperative Society Law dated March 20, 1996;

Pursuant to the Enterprise Law No. 13/1999/QH10 dated June 12, 1999;

Pursuant to the Law on Foreign Investment in Vietnam dated April 20, 1995 and

The Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam dated June 22, 2000;

At the proposal of the Minister of Transport,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the conditions for operating the following trades:

1. Passenger transport by inland waterway, in the forms:

a. Fixed-route passenger transport;

b. Non-fixed-route passenger transport;

c. River-crossing passenger transport.

2. Inland waterway transport through Vietnam's borders.

3. Cargo handling at inland waterway ports and wharfs;

4. Design of inland waterway vessels;

5. Construction and repair of inland waterway vessels.

Article 2. Scope of Application

This Decree applies to all organizations and individuals, both domestic and foreign, belonging to all economic sectors engaged in the trades specified in Article 1 of this Decree.

Where international treaties related to inland waterway transport that Vietnam has signed or acceded to provide otherwise, such treaties shall be applied.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. Passenger transport by inland waterway is the activity of organizations and individuals using inland waterway vessels to transport people and their accompanying luggage for a fare.

2. Fixed-route passenger transport is a form of passenger transport by inland waterway carried out on fixed routes with designated departure and arrival ports or wharfs and with a stable schedule.

3. Non-fixed-route passenger transport is a form of passenger transport by inland waterway according to passengers' requests, agreed upon by a transport contract.

4. River-crossing passenger transport is a form of passenger transport by inland waterway from one bank to the opposite bank of an inland waterway route or from the bank to floating structures or other waterway vessels and vice versa.

5. Inland waterway transport through Vietnam's borders is a form of cargo or passenger transport by inland waterway between Vietnam and another country, in accordance with international treaties that Vietnam has signed or acceded to, for a fare.

6. Cargo handling at inland waterway ports and wharfs is the activity of handling cargo at inland waterway ports and wharfs for a handling fee.

7. Design of inland waterway vessels is the activity of designing inland waterway vessels for a fee.

8. Construction and repair of inland waterway vessels is the activity of constructing and repairing inland waterway vessels for a fee.

9. Inland waterway port is a waterway transportation facility constructed for inland waterway vessels to enter and exit for cargo handling or passenger embarkation and disembarkation.

10. Inland waterway wharf is a waterway transportation facility utilizing natural conditions or temporarily reinforced for inland waterway vessels to enter and exit for cargo handling or passenger embarkation and disembarkation.

Chapter 2:

CONDITIONS FOR OPERATING AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN TRADES REQUIRING CONDITIONS

Article 4. Conditions for operating passenger transport by inland waterway in fixed and non-fixed routes.

1. Having registered the trade of passenger transport by inland waterway;

2. The inland waterway transport vessels must be registered with a number plate and meet safety technical standards as prescribed by the Ministry of Transport;

3. Crew members on board must be sufficient in number and hold appropriate certificates or qualifications for their positions as prescribed by the Ministry of Transport;

4. Registering with the competent traffic management authority regarding the route of operation and business plan for fixed-route transport or the area of operation for non-fixed-route transport.

Article 5. Conditions for operating passenger river transport services

1. Have registered to operate the business of passenger river transport services;

2. The inland waterway transport vessels must be registered with a number plate and meet safety technical standards as prescribed by the Ministry of Transport;

3. Crew members on the vessel must ensure sufficient quantity, hold certificates and professional qualifications (if the vessel has a capacity of 13 passengers or more) or hold professional qualifications (if the vessel has a capacity below 13 passengers) in accordance with their positions as stipulated by the Ministry of Transport;

4. Passenger embarkation and disembarkation terminals must ensure safety conditions and be permitted to operate according to regulations by competent authorities;

5. Provincial-level traffic management agencies or municipal-level agencies directly under the central government shall specify detailed conditions for operating passenger river transport services using simple means of transportation and guide commune People's Committees to manage such business activities to ensure the safety of lives and property of the people.

Article 6. Conditions for operating domestic inland waterway transport services through Vietnam’s border

1. Must be a company or cooperative that has registered to operate the business of domestic inland waterway transport services through Vietnam’s border;

2. Domestic inland waterway transport vessels must be registered with license plates and meet technical safety standards and can only operate on routes specified in international treaties to which Vietnam is a party;

3. Crew members on board must be sufficient in number and hold appropriate certificates or qualifications for their positions as prescribed by the Ministry of Transport;

4. Must have liability insurance for the owner of the vessel and passenger insurance as agreed upon by the parties to the international treaties.

Article 7. Conditions for operating cargo handling services at inland waterway ports and terminals

1. Have registered to operate the business of cargo handling services at inland waterway ports and terminals;

2. Inland waterway ports or terminals for cargo handling must ensure safety conditions and be permitted to operate according to regulations of the Ministry of Transport;

3. Cargo handling equipment (if any) must meet technical safety standards as prescribed; operators of such equipment must hold certificates and professional qualifications as prescribed by law.

Article 8. Conditions for operating design services for inland waterway vessels

1. Have registered to operate the business of designing inland waterway vessels;

2. Must have at least one design engineer who has graduated from a vocational college or university specializing in mechanical shipbuilding and has been issued a certificate by an authorized training institution.

Article 9. Conditions for operating new construction and repair services for inland waterway vessels

1. Have registered to operate the business of new construction and repair services for inland waterway vessels;

2. Must have at least one technical staff member who has graduated from a vocational college or university specializing in mechanical shipbuilding and has been issued a certificate by an authorized training institution;

3. Material and technical facilities must meet the conditions stipulated in the regulations on new construction and repair of inland waterway vessels.

Article 10. Responsibilities of organizations and individuals operating conditional businesses

1. Ensure all conditions prescribed in Articles 4, 5, 6, 7, 8, and 9 of this Decree;

2. Comply with regulations on ensuring traffic order and safety and other relevant laws;

3. Fully and promptly implement reporting and statistical systems and other obligations as prescribed by law.

Chapter 3:

INSPECTION, AUDIT, COMPLAINTS, REPORTING AND VIOLATION HANDLING

Article 11. Inspection and Audit

1. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial-level People's Committees directly under the Central Government, within their functions and responsibilities, shall be responsible for organizing inspections, audits, and handling violations within their authority.

2. The content of inspections and audits includes compliance with the provisions of this Decree and other relevant laws concerning the operation of businesses as stipulated in Article 1 of this Decree.

3. Inspections and audits of organizations and individuals operating businesses must comply with current legal regulations, closely coordinate between agencies to avoid overlapping and causing inconvenience to organizations and individuals operating businesses.

Article 12. Petitioning and Reporting

Organizations and individuals operating businesses as stipulated in Article 1 of this Decree have the right to file complaints; citizens have the right to report to competent authorities or initiate lawsuits at courts in accordance with the law regarding the improper implementation of this Decree by state agencies or civil servants.

Article 13. Handling Violations

1. Organizations and individuals operating inland waterway transport businesses violating the provisions of this Decree will be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

2. State agencies and civil servants violating the provisions of this Decree will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the law.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 14. Effectiveness

1. This Decree takes effect thirty days from the date of signature. Previous regulations contrary to this Decree are abolished.

2. Organizations and individuals currently operating businesses as stipulated in Article 1 of this Decree must ensure compliance with business conditions as prescribed within 120 (one hundred twenty) days from the date this Decree takes effect.

Article 15. Responsibility for Implementation

1. The Minister of Transport shall provide guidance on the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial-level People's Committees directly under the Central Government, and related organizations and individuals shall be responsible for implementing this Decree.