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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.: 74/2023/ND-CP
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Hanoi, October
11, 2023
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DECREE
AMENDMENTS
TO DECREES PRESCRIBING DIVISION OF AUTHORITY TO HANDLE ADMINISTRATIVE
PROCEDURES IN MARITIME SECTOR
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
Pursuant to the Law on environmental protection
dated November 17, 2020;
Pursuant to the Law on Investment dated June 17,
2020;
Pursuant to the Law on Enterprises dated June
17, 2020;
At the request of the Minister of Transport of
Vietnam;
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Article 1. Amendments to
Government’s Decree No. 58/2017/ND-CP dated May 10, 2017, as amended by
Government’s Decree No. 69/2022/ND-CP dated September 23, 2022
1. Clauses 2 and 5 are amended, and Clause 5a is
added following Clause 5 Article 39 as follows:
a) Clause 2 Article 39 is amended as follows:
“2. Maritime safety enterprises shall assume
responsibility for timely establishment of aids to navigation for irregular
maritime safety services and immediately submit reports on such establishment
to Vietnam Maritime Administration and the local port authority. The
establishment of aids to navigation for irregular maritime safety services
shall be exempted from procedures for granting permission for establishment of
aids to navigation in Article 40 and procedures for putting aids to navigation
into operation in Article 41 but is subjected to procedures for issuance of
notices to mariners about establishment of new aids to navigation.”
b) Clause 5 Article 39 is amended as follows:
“5. Before establishing the aids to navigation, the
organizations and individuals specified in Clause 3 of this Article are
required to obtain approval, from the local port authority or Vietnam Maritime
Administration, of the location, scale and type of the aids to navigation as
prescribed in Article 40 of this Decree.”
c) Clause 5a is added following Clause 5 Article 39
as follows:
“5a. The establishment of aids to navigation under
construction investment projects as agreed upon in writing by maritime
authorities or approved under maritime safety assurance plans shall not be
subjected to procedures for granting permissions in Article 40 of this Decree.”
2. Article 40 is amended as follows:
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1. An application submitted for granting permission
for establishment of aids to navigation includes:
a) The application form made using Form No. 15
provided in the Appendix enclosed herewith;
b) The copy accompanied with its original for
verification purpose or electronic copy or electronic copy from the master
register or certified true electronic copy of the original of the technical
design of the aids to navigation;
c) The copy accompanied with its original for
verification purpose or electronic copy or electronic copy from the master
register or certified true electronic copy of the original of the chart and
coordinates of the aids to navigation.
2. If the aids to navigation are to be established
within seaport waters, an application shall be submitted directly or by post or
via the online public service system to the relevant port authority.
The port authority shall receive the application
and, if the received application is invalid, provide guidelines for
completion of the application as prescribed in this Decree within 02
working days upon its receipt of the application. If the application is valid,
within 05 working days from the receipt of the application, the port authority
shall give a written permission for establishment of aids to navigation. In
case of refusal, a written response indicating reasons for its refusal shall be
given.
3. If the aids to navigation are to be established
outside seaport waters or both within and outside seaport waters or within
seaport waters under jurisdiction of different port authorities, an application
shall be submitted directly or by post or via the online public service system
to Vietnam Maritime Administration.
Vietnam Maritime Administration shall receive the
application and, if the received application is invalid, provide
guidelines for completion of the application as prescribed in this Decree
within 02 working days upon its receipt of the application. If the application
is valid, within 05 working days from the receipt of the application, Vietnam
Maritime Administration shall give a written permission for establishment of
aids to navigation. In case of refusal, a written response indicating reasons
for its refusal shall be given.”
3. Article 41 is amended as follows:
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1. An application for approval for putting aids to
navigation into operation includes:
a) The application form made using Form No. 16 in
the Appendix enclosed herewith;
b) The copy accompanied with its original for
verification purpose or electronic copy or electronic copy from the master
register or certified true electronic copy of the original of the record of
commissioning and transfer;
c) The copy accompanied with its original for
verification purpose or electronic copy or electronic copy from the master
register or certified true electronic copy of the original of the contour map
of obstacles found on the newly constructed navigational channel route that is
carried out by a unit licensed to measure and survey. This unit shall assume the
joint responsibility with the investor for legality of the survey documents;
d) The copy accompanied with its original for
verification purpose or electronic copy or electronic copy from the master
register or certified true electronic copy of the original of the notice to
mariners about the establishment of new aids to navigation.
2. If the aids to navigation are to be established
within seaport waters, the investor shall submit an application directly or by
post or via the online public service system to the relevant port authority.
The port authority shall receive the application
and, if the received application is invalid, provide guidelines for
completion of the application as prescribed in this Decree within 02
working days upon its receipt of the application. If the application is valid,
within 05 working days from the receipt of the application, the port authority
shall issue a decision to put aids to navigation into operation. In case of
refusal, a written response indicating reasons for its refusal shall be given.
3. If the aids to navigation are to be established
outside seaport waters or both within and outside seaport waters or within
seaport waters under jurisdiction of different port authorities, the investor
shall submit an application directly or by post or via the online public
service system to Vietnam Maritime Administration.
Vietnam Maritime Administration shall receive the
application and, if the received application is invalid, provide
guidelines for completion of the application as prescribed in this Decree
within 02 working days upon its receipt of the application. If the application
is valid, within 05 working days from the receipt of the application, Vietnam
Maritime Administration shall issue a decision to put aids to navigation into operation.
In case of refusal, a written response indicating reasons for its refusal shall
be given.”
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“a) Documents to be
submitted (originals), 01 original for each, including (Forms
provided in the Appendix enclosed herewith): General Declaration (for
inland waterway ships) made using Form No. 59, Crew List (for inland waterway
ships) made using Form No. 60, Passenger List (for the passenger ships) made
using Form No. 61, and Port Clearance Certificate;”
5. Point a1 is added following Point a Clause 2
Article 100 as follows:
“a1. Crew list (if there are any changes) made
using Form No. 60;”
6. Clause 3 Article 110 is amended as follows:
“3. Before granting permission for aquaculture activities
to be conducted within seaport waters, a competent licensing authority, as
defined in the Law on Fisheries, shall be required to seek opinions from the
relevant local port authority.”
7. Forms No. 42, 43, 44, 47, 48, 57 and 58 in the
Decree No. 58/2017/ND-CP are replaced with Forms No. 42, 43, 44, 47, 48, 57 and
58 in Section 1 of the Appendix enclosed herewith.
Article 2. Amendments to
Government’s Decree No. 38/2017/ND-CP dated April 04, 2017
1. Clause 3 Article 22 is amended as follows:
“3. Procedures for operational suspension or
closure of a dry port
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b) Within 05 working days after its receipt of the
application, Vietnam Maritime Administration shall issue a decision to announce
the operational suspension or closure of the dry port which is made using Form
No. 05 in the Appendix enclosed herewith. In case of refusal, a written
response indicating reasons for its refusal shall be given.”
2. Article 24 is amended as follows:
“Article 24. Procedures for renaming of dry
ports
1. The investor or the operator of the dry port
shall submit a declaration form, which is made using Form No. 06 in the
Appendix enclosed herewith, directly or by post or via the online public
service system to Vietnam Maritime Administration.
2. Vietnam Maritime Administration shall receive
and check the validity and rationality of the declaration form, and shall, if
the declaration form is invalid or the new name of the dry port is irrational,
provide guidelines for the applicant to complete their declaration form within
02 working days upon its receipt of the declaration form.
3. If the declaration form is valid, within 03
working days from the receipt of the declaration form, Vietnam Maritime
Administration shall issue a decision to rename the dry port. In case of
refusal, a written response indicating reasons for its refusal shall be given.”
3. Forms No. 04, 05 and 06 in the Appendix enclosed
with the Decree No. 38/2017/ND-CP are replaced with Forms No. 04, 05 and 06 in
Section 2 of the Appendix enclosed herewith.
Article 3. Amendments to
Government’s Decree No. 29/2017/ND-CP dated March 20, 2017, as amended by
Government’s Decree No. 69/2022/ND-CP dated September 23, 2022, coming into
force from October 30, 2022
1. Clause 4 and Clause 6 Article 3 are amended as
follows:
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“4. Certificate of compliance of maritime training
center for seafarers’ training (hereinafter referred to as “certificate of
compliance” means a document issued by the Director General of Vietnam Maritime
Administration to an organization that is in full compliance for providing
seafarer training courses.”
b) Clause 6 is amended as follows:
“6. Certificate of endorsement for seafarer
recruitment and placement service providers (hereinafter referred to as
“certificate of endorsement”) means a document issued by the Director of a
Branch of Vietnam Maritime Administration to a seafarer recruitment and placement
service provider for certifying its compliance with regulations on seafarer
recruitment and placement of MLC Convention.”
2. Article 7 is amended as follows:
“Article 7. Issuance of certificates of
compliance
1. Director General of Vietnam Maritime
Administration shall issue certificates of compliance in accordance with
regulations herein.
2. The organization that wishes to provide seafarer
training (applicant) shall submit an application directly or by post or via the
online public service system to Vietnam Maritime Administration. Such an
application includes:
a) The application form made using Form No. 01 in
the Appendix enclosed herewith;
b) A certified true copy or copy from the master
register or copy accompanied with its original for verification purpose or
electronic copy from the master register or certified true electronic copy of
the original of the applicant’s establishment decision or decision to grant
permission for establishment;
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3. Vietnam Maritime Administration shall receive
the application and, if the received application is invalid, provide
written guidelines for completion of the application as prescribed in this
Decree within 03 working days upon its receipt of the application. If the
application is valid, within 15 working days from its receipt of the
application, Vietnam Maritime Administration shall conduct a verification visit
and then issue a certificate of compliance using Form No. 03 in the Appendix
enclosed herewith. In case of refusal, a written response indicating reasons
for such refusal shall be given.”
3. Clause 2 and Clause 3 Article 8 are amended as
follows:
“2. The training institution shall submit an
application form for re-issuance of the certificate of compliance, which is
made using Form No. 01 in the Appendix enclosed herewith, indicates the reasons
for re-issuance, and is accompanied with documents proving changes in
information of the training institution (if any), directly or by post or via
the online public service system to Vietnam Maritime Administration. Within 03
working days from its receipt of the application, Vietnam Maritime
Administration shall re-issue the certificate of compliance. In case of
refusal, a written response indicating reasons for such refusal shall be given.
3. When re-issuing a certificate of compliance,
Vietnam Maritime Administration shall clearly state the replacement of the old
certificate in the new one and publish such replacement on its website.”
4. Clause 2 and Clause 3 Article 9 are amended as
follows:
“2. Director General of Vietnam Maritime
Administration shall issue a decision to suspend provision of seafarer training
courses. Such a decision must clearly indicate the reasons and duration of
suspension, and measures for ensuring rights and benefits of teachers, learners
and employees of the training institution subject to the suspension, and be
published on the website of Vietnam Maritime Administration.
3. After the duration of suspension expires, if the
violation resulting in such suspension has been successfully remedied, the
Director General of Vietnam Maritime Administration shall issue a decision to
permit the training institution to resume its operation.”
5. Clause 2 and Clause 3 Article 10 are amended as
follows:
“2. Director General of Vietnam Maritime
Administration shall issue a decision to revoke the certificate of compliance
which shall be published on its website and also sent to relevant authorities
for reference and cooperation.
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6. Article 11 is amended as follows:
“Article 11. Evaluation of seafarer training
institutions
1. Vietnam Maritime Administration shall organize
annual evaluation of the compliance by training institutions with standards for
seafarer training courses laid down in laws.
2. Every 05 years, Vietnam Maritime Administration
shall organize an independent evaluation of the compliance by training
institutions with standards of STCW Convention.”
7. Article 13 is amended as follows:
“Article 13. Procedures for issuance of
certificates of endorsement
1. The seafarer recruitment and placement service
provider shall submit an application directly or by post or via the online
public service system to the relevant Branch of Vietnam Maritime
Administration. Such an application includes:
a) The application form made using Form No. 04 in
the Appendix enclosed herewith;
b) The certified true copy or copy accompanied with
its original for verification purpose or electronic copy or electronic copy
from the master register or certified true electronic copy of the original of
the license to send seafarers to work abroad or license to supply or outsource
seafarers to work onboard ships in the form of labour supply or outsourcing or
guest worker program as prescribed by law;
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2. The Branch of Vietnam Maritime Administration
shall receive the application and, if the received application is
invalid, notify and instruct the applicant in writing to complete its
application as prescribed in this Decree within 03 working days upon its
receipt of the application. If the application is valid, within 03 working days
from its receipt of the application, the Branch of Vietnam Maritime
Administration shall issue a certificate of endorsement using Form No. 05 in
the Appendix enclosed herewith. In case of refusal, a written response
indicating reasons for such refusal shall be given.
3. The Branch of Vietnam Maritime Administration
shall publish information on the seafarer recruitment and placement service
provider issued with the certificate of endorsement on its website."
8. Clause 2 and Clause 3 Article 14 are amended as
follows:
“2. The seafarer recruitment and placement service
provider shall submit an application for re-issuance of the certificate of
endorsement directly or by post or via the online public service system to the
relevant Branch of Vietnam Maritime Administration. Such an application
includes:
a) The application form made using Form No. 04 in
the Appendix enclosed herewith;
b) The certified true copy or copy accompanied with
its original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
enterprise registration certificate (if there are changes in information about
the enterprise);
Within 03 working days from the receipt of the
application, the Branch of Vietnam Maritime Administration shall re-issue and
send the certificate of endorsement directly or by post or via the online
public service system to the applicant. In case of refusal, a written response
indicating reasons for such refusal shall be given.
3. When re-issuing a certificate of endorsement,
the Branch of Vietnam Maritime Administration shall clearly state the
replacement of the old certificate in the new one and publish such replacement
on its website.”
9. Clause 2 Article 15 is amended as follows:
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10. Forms No. 01, 03, 04 and 05 in the Appendix
enclosed with the Decree No. 29/2017/ND-CP are replaced with Forms No. 01, 03,
04 and 05 in Section 3 of the Appendix enclosed herewith.
Article 4. Amendments to
Government’s Decree No. 82/2019/ND-CP dated November 12, 2019
1. Article 8 is amended as follows:
“Article 8. Authority to decide putting of
ship-breaking facilities into operation
Director General of Vietnam Maritime Administration
shall make decisions to put ship-breaking facilities into operation.”
2. Article 9 is amended as follows:
“Article 9. Procedures for making decisions to
put ship-breaking facilities into operation
1. The ship-breaking facility’s owner shall submit
an application for approval to put the ship-breaking facility into operation
directly or by post or via the online public service system to Vietnam Maritime
Administration.
2. An application for approval to put the
ship-breaking facility into operation includes:
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b) A certified true copy or copy accompanied with
its original for verification purpose or electronic copy or electronic copy
from the master register or certified true electronic copy of the original of
the environmental permit issued by a competent authority to the applicant;
c) Certified true copies or copies accompanied with
their originals for verification purpose or electronic copies or electronic
copies from their master registers or certified true electronic copies of the
procedure for control of hazards and harmful factors and the plan for handling
serious technical incidents threatening occupational safety and health;
d) A certified true copy or copy accompanied with
its original for verification purpose or electronic copy or electronic copy
from the master register or certified true electronic copy of the original of
the written approval for the fire prevention and fighting plan given by a
competent fire police office.
3. Procedures for receiving and processing
applications:
a) Vietnam Maritime Administration shall receive
and check the validity of the application and, if the received application is
invalid, provide the applicant with guidelines for completion of its
application as prescribed in this Decree within 02 working days upon its
receipt of the application.
b) Within 05 working days from its receipt of an
adequate and valid application, Vietnam Maritime Administration shall issue a
decision put the ship-breaking facility into operation which is made using Form
No. 02 in the Appendix enclosed herewith. In case of refusal, a written
response indicating reasons for such refusal shall be given. During its
processing of an application, Vietnam Maritime Administration may carry out
surveys and verification of the received information and data on material facilities
of the ship-breaking facility.”
3. Article 11 is amended as follows:
“Article 11. Decision to immediately suspend
operation of a ship-breaking facility
1. Upon request of a competent authority, Vietnam
Maritime Administration shall make a decision to immediately suspend operation
of the ship-breaking facility where an accident or incident occurs and causes
serious damage to people and environment.
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3. Vietnam Maritime Administration shall inform
relevant authorities and publish the decision to immediately suspend operation
of the ship-breaking facility on its website.”
4. Article 12 is amended as follows:
“Article 12. Decision to shut down a
ship-breaking facility
1. Upon request of a competent authority, Vietnam
Maritime Administration shall issue a decision to shut down the ship-breaking
facility in the following circumstances:
a) The ship-breaking facility fails to meet
requirements laid down in Article 7 hereof;
b) The shutdown of the ship-breaking facility aims
to serve national defense and security tasks;
c) The ship-breaking facility must be shut down in
case of epidemics, disasters and other cases as prescribed by laws.
2. Within 05 working days from the receipt of a
competent authority’s written request, Vietnam Maritime Administration shall,
based on recommendations specified in the received request, consider issuing a
decision to shut down the ship-breaking facility. If a request is refused,
Vietnam Maritime Administration shall give a written response indicating reasons
for such refusal to the requesting authority.
3. Vietnam Maritime Administration shall inform
relevant authorities and publish the decision to shut down the ship-breaking
facility on its website.”
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Article 5. Implementation
1. This Decree comes into force from November 27,
2023. Clause 7 Article 1 of this Decree shall come into force from October 11,
2024.
2. Transition clauses:
a) Written approvals, decisions, certificates of
compliance and certificates of endorsement given or issued before the effective
date of this Decree shall remain valid until their prescribed expiry dates;
b) Applications for approvals, decisions,
certificates of compliance or certificates of endorsement received before the
effective date of this Decree shall continue to be processed in accordance with
provisions of legislative documents in force at the time of application
receipt;
c) Director General of Vietnam Maritime
Administration and Directors of its Branches shall have the jurisdiction to
revoke certificates of compliance and certificates of endorsement issued before
the effective date of this Decree respectively.
3. This Decree nullifies the following:
a) Article 3, Clauses 6 and 7 Article 4 of the
Government’s Decree No. 69/2022/ND-CP dated September 23, 2022;
b) Article 18 of the Government’s Decree No.
29/2017/ND-CP dated March 20, 2017.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha