|
THE
GOVERNMENT
--------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------
|
|
No:
10/2001/ND-CP
|
Hanoi, March 19,
2001
|
DECREE
REGARDING BUSINESS CONDITIONS FOR MARITIME SERVICE PROVISION
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant to the April 20, 1995 Law on State Enterprises;
Pursuant to the June 12, 1999 Law on Enterprises;
Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the
June 9, 2000 Law Amending and Supplementing a number of Articles of the Law on
Foreign Investment in Vietnam;
Pursuant to the March 20, 1996 Law on Cooperatives;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
application
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Sea-ship agency service;
2. Sea-transport agency service;
3. Maritime brokerage service;
4. Sea-ship supply service;
5. Goods inspection and counting service;
6. Sea towage service;
7. Services for sea-ship repairs at ports;
8. Sea-ship cleaning service;
9. Services for cargo loading and unloading at
ports.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Enterprises of all economic sectors, which fully
meet the conditions prescribed in this Decree, may provide assorted maritime
services mentioned in Article 1 above. For enterprises with foreign investment
capital, the capital contributed by the Vietnamese party must not be lower than
51%; particularly for two kinds of services: sea ship agency service and sea
towage service, only enterprises with 100% domestic investment capital may
provide them.
Article 3.- Applicable
laws and international treaties
1. Enterprises providing maritime services must
abide by the provisions of this Decree, Vietnamese laws and relevant
international treaties which the Socialist Republic of Vietnam has signed or
acceded to.
2. Where an international treaty which the
Socialist Republic of Vietnam has signed or acceded to contains different
provisions, the provisions of such international treaty shall apply.
Chapter II
MARITIME SERVICE
ACTIVITIES
Article 4.- Sea ship
agency service
The sea ship agency service means the service
for performing the following jobs under the ship owners authorization:
1. Carrying out procedures for ships to enter
and leave ports with competent bodies;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Providing necessary information to parties
related to ships, cargo and passengers, preparing documents and papers on cargo
and passengers, arranging the delivery of goods to consignees;
4. Carrying out ship-related customs and
border-gate procedures as well as procedures for cargo handling and/or passengers
embarkation and/or disembarkation;
5. Collecting and/or paying on behalf of ship
owners freight, damages, reward money, ship release fines and other sums;
6. Arranging the supply for sea ships at ports;
7. Signing contracts for ship charter, carrying
out procedures for hand over of ships and crews;
8. Signing contracts for cargo transport or
handling;
9. Carrying out procedures relating to maritime
disputes;
10. Settling other matters as authorized.
Article 5.- Sea
transport agency service
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Organizing and carrying out works in service
of the process of goods transport, delivery and reception, passengers and
luggage transport on the basis of sea transport contracts or multi-mode
transport contracts;
2. Leasing, renting on behalf of goods owners
sea transport means, loading and unloading equipment, warehouses, wharves and
yards, piers and other special-use maritime equipment;
3. Acting as container agents
4. Settling other matters as authorized.
Article 6.- Maritime
brokerage service
The maritime brokerage service means the service
for performing the following tasks:
1. Acting as intermediary in signing contracts
for cargo, passenger and luggage transport;
2. Acting as intermediary in signing maritime
insurance contracts;
3. Acting as intermediary in signing ship lease
contracts, ship purchase/sale contracts, towage contracts, crew hiring
contracts;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 7.- Sea-ship
supply service
The sea-ship supply service means the service
for performing the following tasks related to sea ships:
1. Supplying sea ships with food, foodstuff,
fresh water, materials, equipment, fuel, lubricant, wedging, lining and/or
partitioning materials;
2. Providing services for daily-life needs,
health care, entertainment and recreation of passengers and crews, organizing
the departure, arrival, entry, exit and/or change of crews.
Article 8.- Goods
inspection and counting service
The goods inspection and counting service means
the service for inspecting and counting the actual quantity of goods upon the
delivery and reception thereof with sea ships or other means under the
entrustment of goods consignors, goods consignees or carriers.
Article 9.- Sea ship
towage service
Sea ship towage service means the service for
operation of towing, tugging, pushing or supporting sea ships and other
floating means on sea or water areas relating to sea ports where sea ships are
allowed to enter, leave and/or operate.
Article 10.- Sea-ship
repairing service at ports
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 11.- Sea-ship
cleaning service
The sea-ship cleaning service means the service
for gathering and treating garbage, discharge oils and other wastes discharged from
sea- ships while anchorage or mooring at ports.
Article 12.- Cargo
handling service at sea ports
The cargo handling service at sea ports means
the service for cargo loading and unloading at ports according to the
technological process for loading and unloading each kind of goods.
Chapter III
CONDITIONS ON MARITIME
SERVICE BUSINESS
Article 13.- Conditions
on sea-ship agency service business
Enterprises may provide sea-ship agency services
when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea-ship agency operations for at least 2 (two) years;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Having graduated from the maritime university
or the foreign trade university or having performed sea-ship agency-related
operations for at least 3 (three) years;
b) Having certificates of the professional
qualifications for sea-ship agency operations, granted by the Maritime Agency
and Brokerage Association;
3. The enterprises always have the credit
balance of at least 1 (one) billion VN dong in their deposit accounts at banks
established and operating under Vietnamese laws or have purchased the
occupational liability insurance for sea-ship agency activities.
Article 14.- Conditions
on sea transport agency service business
Enterprises may provide sea transport agency
services when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea transport agency operations for at least 2 (two) years;
2. The agency staff members fully meet the
following conditions:
a) Having graduated from the maritime university
or the foreign trade university, or having performed the sea- transport agency
service operations for at least 3 (three) years;
b) Having certificates of professional
qualifications for sea transport agency service operations, granted by the
Forwarding Association;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 15.- Conditions
on maritime brokerage service business
Enterprises may provide maritime brokerage
services when meeting all the following conditions:
1. The enterprises directors have directly
performed the maritime operations for at least 2 (two) years;
2. The maritime brokers have graduated from the
maritime university or the foreign trade university or have performed the
maritime operations for at least 3 (three) years.
Article 16.- Conditions
on sea-ship supply service business
Enterprises may provide sea-ship supply services
when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea-ship supply operations for at least 2 (two) years;
2. The sea-ship suppliers have graduated from
the maritime schools or trade schools of intermediate or higher level, or have
performed the maritime operations for at least 3 (three) years;
3. The goods items supplied to sea ships must
fully satisfy the law-prescribed standards.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Enterprises may provide goods inspection and
counting services when meeting all the following conditions:
1. The enterprises directors have directly
performed the goods inspection and counting operations for at least 2 (two)
years;
2. The goods inspectors and counters have
graduated from schools of intermediate or higher level, or have performed the
maritime operations for at least 3 (three) years.
Article 18.- Conditions
on sea-ship towage service business
Enterprises may provide sea-ship towage services
when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea- ship towage for at least 2 (two) years;
2. The crew members working on towage ships have
the professional certificates of maritime operations as prescribed by law;
3. The enterprises have their towage ships
registered in Vietnam, which satisfy the technical safety requirements as
prescribed by law;
4. The enterprises have purchased insurance for
the towage ship owners civil liability and for crew members.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Enterprises may provide services for sea-ship
repair at ports when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea-ship repair operations for at least 2 (two) years;
2. Having enough means, equipment and personnel
that satisfy the requirements prescribed by law.
Article 20.- Conditions
on sea-ship cleaning service business
Enterprises may provide sea-ship cleaning
services when meeting all the following conditions:
1. The enterprises directors have directly
performed the sea-ship cleaning operations for at least 2 (two) years;
2. Having enough means, equipment and personnel
that satisfy the requirements prescribed by law.
3. Having plans for treatment of garbage,
discharged oil, wastes and the environmental impact assessment reports approved
by competent State bodies;
Article 21.- Conditions
on cargo-handling service business
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The enterprises directors have directly
performed the cargo loading and unloading operations for at least 2 (two)
years;
2. Having loading and unloading means, equipment
and instruments which satisfy the technical safety standards, and the
contingent of loading and unloading workers meeting the prescribed
requirements.
Chapter IV
EXAMINATION, INSPECTION,
COMPLAINTS, DENUNCIATIONS AND HANDLING
OF VIOLATIONS
Article 22.-
Examination and inspection of maritime service business activities
1. The Ministry of Communications and Transport
shall have to organize the inspection and examination of maritime service
business activities and handle violations according to its competence.
2. The inspection and examination contents shall
cover the observance of law provisions on maritime service business and the
making of committed registrations with competent State bodies.
3. The examination and inspection of enterprises
in their maritime service business must comply with the provisions of law.
Article 23.- Complaints
and denunciations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 24.- Handling
of violations
Organizations and individuals that violate the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be disciplined, administratively sanctioned or examined for
penal liability; where damage is caused, compensation therefor must be made
according to law provisions.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 25.-
Implementation provisions
1. This Decree takes effect 15 days after its
signing.
The previous regulations contrary to the
provisions of this Decree shall all be annulled.
2. Enterprises which have conducted the maritime
service business before this Decree takes effect may continue their operations,
but have to satisfy all the prescribed business conditions within 180 (one hundred
and eighty) days as from the date this Decree takes effect.
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the Peoples Committees of the provinces and
centrally-run cities shall have to implement this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai