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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
144/2018/ND-CP
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Hanoi, October
16, 2018
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DECREE
AMENDING AND
SUPPLEMENTING CERTAIN DECREES ON MULTIMODAL TRANSPORT
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
Pursuant to the Law on road traffic dated
November 13, 2008;
Pursuant to the Law on civil aviation of Vietnam
dated June 29, 2006; the Law amending and supplementing a number of articles of
the Law on civil aviation of Vietnam dated November 21, 2014;
Pursuant to the Law on inland waterway transport
dated June 15, 2004; the Law amending and supplementing a number of articles of
the Law on inland waterway transport dated June 17, 2014;
Pursuant to the Law on railway transport dated
June 16, 2017;
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Pursuant to the Law on cooperatives dated
November 20, 2012;
Pursuant to the Law on investment dated November
26, 2014 and the Law dated November 22, 2016 amending and supplementing Article
6 and Appendix 4 regarding the list of conditional business lines of the Law on
investment;
Pursuant to the Law on customs dated June 23,
2014;
At the request of the Minister of Transport;
The Government promulgates a Decree amending and
supplementing certain Decrees on multimodal transport;
Article 1. Amendments and supplements to the
Government’s Decree No. 87/2009/ND-CP dated October 19, 2009 on multimodal
transport, as amended in the Government’s Decree No. 89/2011/ND-CP dated
October 10, 2011
1. Clause 3 is added to Article 1 as follows:
“3. Multimodal transport operators must meet
business conditions applied to each mode of transport as regulated by laws.”
2. Article 5 is amended and supplemented as
follows:
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1. A Vietnamese enterprise or cooperative, or a
foreign-invested enterprise in Vietnam is allowed to engage in international
multimodal transport only after obtaining the License to provide international
multimodal transport service by means of satisfying all of the following
licensing requirements:
a) Maintain a minimum amount of assets equivalent
to SDR 80,000 or provide an equivalent guarantee or an alternative of financial
character as regulated by laws;
b) Have a liability insurance policy for multimodal
transport operator or an equivalent guarantee.
2. An enterprise of a member state of the ASEAN
Framework Agreement on Multimodal Transport or another international treaty on
multimodal transport to which Vietnam is a signatory are allowed to perform
international multimodal transport contracts only after obtaining the License
to provide international multimodal transport service granted by a competent
authority of Vietnam by means of satisfying all of the following licensing
requirements:
a) Have a registration certificate of international
multimodal transport or another document of equivalent validity issued by the
competent national body of its country;
b) Have a liability insurance policy for multimodal
transport operator or an equivalent guarantee.
3. The Ministry of Transport shall organize the
management and issuance of license to provide international multimodal
transport service”.
3. Article 6 is amended and supplemented as
follows:
“Article 6. Procedures for licensing of
international multimodal transport
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a) The application form for the License to provide
international multimodal transport service made according to the form provided
in Appendix I enclosed herewith;
b) The duplicate copy derived from the original register,
the duplicate copy with the original copy for verification purposes (if the
application is submitted directly) or the certified duplicate copy (if the
application is submitted by post) of the certificate of business registration,
the certificate of investment registration or another document of equivalent
validity as regulated by laws;
c) Audited financial statements. If audited
financial statements are not available, the applicant must submit an equivalent
guarantee given by a bank or other organization or individual, or provide an
alternative financial plan as regulated by laws.
2. The applicant (that is one of enterprises as
prescribed in Clause 2 Article 5 of this Decree) shall submit 01 set of
required application documents for the License to provide international
multimodal transport service directly or by post or in any appropriate form to
the Ministry of Transport. The application documentation includes:
a) The application form for the License to provide
international multimodal transport service made according to the form provided
in Appendix I enclosed herewith;
b) The copy of the registration certificate of
international multimodal transport or another document of equivalent validity
issued by the competent national body of its country and legalized by a
consular official;
c) The liability insurance policy for multimodal
transport operator or an equivalent guarantee.
3. If the received application documentation is
invalid, within a period of 03 (three) business days from receipt of directly
submitted application or from the incoming date of the application specified on
the postage stamp, the Ministry of Transport must give a written response in
which unsatisfactory contents must be specified to the applicant.
4. Within a period of 05 (five) business days from
receipt of a valid application documentation, the Ministry of Transport shall
issue the License to provide international multimodal transport service using
the form provided in Appendix III enclosed herewith.
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5. If there is any change in contents of the
License to provide international multimodal transport service during its
validity, the multimodal transport operator must apply for re-issuance of the
License by following the procedures in Article 7 of this Decree".
4. Article 7 is amended and supplemented as
follows:
“Article 7. Re-issuing the License to provide
international multimodal transport service
In case there is any change in contents of the
License to provide international multimodal transport service during its
validity or the License is expired, lost, destroyed or damaged, the multimodal
transport operator is entitled to apply for re-issuance of the License. Procedures
for re-issuance of the License:
1. The applicant (that is one of enterprises or
cooperatives prescribed in Clause 1 or Clause 2 Article 5 of this Decree) shall
submit 01 set of required application documents for re-issuance of the License
to provide international multimodal transport service directly or by post or in
any appropriate form to the Ministry of Transport. The application
documentation includes:
a) The application form for re-issuance of the
License to provide international multimodal transport service made according to
the form provided in Appendix II enclosed herewith;
b) The duplicate copy derived from the original
register, the duplicate copy with the original copy for verification purposes
(if the application is submitted directly) or the certified duplicate copy (if
the application is submitted by post) of the certificate of business
registration or another document of equivalent validity as regulated by lawsoft
(if changed);
c) The audited financial statements or an
alternative financial plan as regulated by law or an equivalent guarantee (if
changed).
2. Within a period of 03 (three) business days from
receipt of a valid application documentation, the Ministry of Transport shall
re-issue the License to provide international multimodal transport service to
the applicant. The re-issued License to provide international multimodal
transport service is valid for 05 years from the date of re-issuance.
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Article 2. Entry into force and implementation
1. This Decree comes into force as from the date on
which it is signed.
2. The following regulations shall be abrogated:
a) Regulations in Chapter 3 of the Government's
Decree No. 87/2009/ND-CP dated October 19, 2009; and
b) Regulations in the Government’s Decree No.
89/2011/ND-CP dated October 10, 2011.
3. The Licenses to provide international multimodal
transport service issued by competent authorities of Vietnam before the date of
entry into force of this Decree are still valid until their expiration dates.
4. Ministers, heads of ministerial agencies, heads
of the Government’s affiliates and Chairpersons of People’s Committees of
provinces and central-affiliated cities shall implement this Decree.
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