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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
91/2001/ND-CP
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Hanoi, December 11, 2001
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DECREE
ON THE CONDITIONS FOR DEALING IN A NUMBER OF
INLAND WATERWAY COMMUNICATIONS AND TRANSPORT LINES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Law on State Enterprises of April 20, 1995;
Pursuant to the Law on Cooperatives of March 20, 1996;
Pursuant to Law No.13/1999/QH10 on Enterprises of June 12, 1999;
Pursuant to the April 20, 1995 Law on Foreign Investment in Vietnam and the
June 22, 2000 Law Amending and Supplementing a Number of Articles of the Law on
Foreign Investment in Vietnam;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
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1. Inland waterway passenger transportation, in
the following forms:
a/ Passenger transportation along fixed routes;
b/ Passenger transportation not along fixed
routes;
c/ Transport of passengers across rivers.
2. Inland waterway transportation across
Vietnamese borderlines.
3. Provision of cargo loading and unloading
services at inland waterway ports and wharves;
4. Designing of inland waterway transport means;
5. Building and repair of inland waterway
transport means.
Article 2.- Objects and scope of application
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In cases where an international treaty
concerning inland waterway communications and transport, which Vietnam has
signed or acceded to, contains provisions different from those of this Decree,
such international treaty shall apply.
Article 3.- Term interpretation
In this Decree, the following expressions shall
be construed as follows:
1.
Inland waterway passenger transportation means activities conducted by
organizations and individuals that use inland waterway means to transport
people and their personal luggage with the collection of freight.
2.
Passenger transportation along fixed routes means the business form of
inland waterway passenger transportation along fixed routes and with definite
ports or wharves of departure and arrival thereon, as well as with stable
operation charts.
3.
Passenger transportation not along fixed routes means the business form
of inland waterway passenger transportation conducted at passengers requests
agreed upon in transport contracts.
4.
Passenger transportation across rivers means the business form of inland
waterway passenger transportation whereby passengers are carried from a bank of
an inland waterway to the opposite bank or from a bank to floating structures
or other waterway means and vice versa.
5.
Inland waterway transportation across Vietnamese borderlines means the
form of cargo or passenger transportation by inland waterway means from Vietnam
to foreign countries and vice versa according to international treaties which
Vietnam has signed or acceded to, with the collection of freight.
6.
Provision of cargo loading and unloading services at inland waterway ports or
wharves means activities of loading and/or unloading cargoes at inland
waterway ports or wharves with the collection of loading and/or unloading
charges.
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8. Building
and repair of inland waterway means means activities of building and repairing inland waterway means with
the collection of charges.
9.
Inland waterway ports are inland waterway traffic works, which are
invested and constructed for the cargo loading and unloading or passenger
embarkation and disembarkation by waterway means.
10.
Inland waterway wharves are inland waterway traffic works, where the
natural conditions are tapped or temporarily reinforced for waterway means to
enter and leave for cargo handling or passenger embarkation or disembarkation.
Chapter
II
BUSINESS CONDITIONS FOR AND RESPONSIBILITIES OF ORGANIZATIONS AND
INDIVIDUALS DEALING IN CONDITIONAL PRODUCTION AND BUSINESS LINES
Article 4.- Conditions for dealing in inland waterway
passenger transportation along fixed routes and not along fixed routes
1. Concerned organizations and individuals must
have business registration for the inland waterway passenger transportation
line;
2. Inland waterway means must have their plate
numbers registered and satisfy the technical safety standards prescribed by the
Ministry of Communications and Transport;
3. Crew members on waterway means must be in
adequate numbers and have diplomas or professional certificates suitable to
their respective positions or titles according to the regulations of the
Ministry of Communications and Transport;
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Article 5.- Conditions for dealing in passenger
transportation across rivers
1. Concerned organizations and individuals must
have business registration for the cross-river passenger transportation line;
2. Inland waterway means must have their plate
numbers registered and satisfy the technical safety standards prescribed by the
Ministry of Communications and Transport;
3. Crew members on waterway means must be in
adequate numbers and have diplomas and professional certificates (for means
with a seating capacity of 13 passengers or more) or professional certificates
(for means with a seating capacity of less than 13 passengers) suitable to
their respective positions or titles according to the regulations of the
Ministry of Communications and Transport;
4. Passenger embarkation and disembarkation
stages must satisfy the safety conditions and be permitted by the competent
bodies for operation according to the regulations;
5. The communications and transport management
bodies at the level of province or centrally-run city shall specifically
prescribe business conditions for conducting the cross-river passenger
transportation by rudimentary means and guide the commune-level People’s Committees in managing such business activities,
thus ensuring safety for people’s
life and property.
Article 6.- Conditions for dealing in inland waterway
transportation across Vietnamese borderlines
1. Concerned organizations and individuals must
be enterprises or cooperatives having business registration for dealing in the
inland waterway transportation across Vietnamese borderlines;
2. Inland waterway means must have their plate
numbers registered and satisfy to the technical safety standards and allowed to
operate only on routes prescribed by the international treaties which Vietnam
has signed or acceded to;
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4. The insurance for means owners civil
liability as well as insurance for passengers have been purchased as agreed
upon by signatories to international treaties.
Article 7.- Conditions for provision of cargo loading and
unloading services at inland waterway ports and wharves
1. Concerned organizations and individuals must
have business registration for cargo loading and unloading at inland waterway
ports and wharves;
2. Inland waterway ports and wharves for cargo
loading and unloading must satisfy the safety conditions and are allowed to
operate under the regulations of the Ministry of Communications and Transport;
3. Cargo loading and unloading equipment (if
any) must be up to the prescribed technical safety standards; operators of
loading and unloading equipment must have diplomas or professional certificates
according to the provisions of law.
Article 8.- Conditions for the designing of inland waterway
means
1. Concerned organizations and individuals must
have business registration for the designing of inland waterway means;
2. They have at least one designer, who has
graduated from an intermediate school or a university in ship building and been
issued a diploma by the competent training institution.
Article 9.- Business conditions for the building and repair
of inland waterway means
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2. They have at least one technician, who has
graduated from an intermediate school or a university in ship building and been
issued a diploma by the competent training institution;
3. Their material and technical foundations must
satisfy the conditions prescribed for the building and repair of waterway
means.
Article 10.- Responsibilities of organizations and
individuals engaged in the conditional production and business lines
1. To satisfy all the conditions prescribed in
Articles 4, 5, 6, 7, 8 and 9 of this Decree;
2. To observe the regulations on ensuring
traffic order and safety and other relevant law provisions;
3. To fully and promptly observe the reporting
and statistical regimes and fulfill other obligations prescribed by law.
Chapter
III
EXAMINATION, INSPECTION, COMPLAINTS, DENUNCIATIONS AND HANDLING OF
VIOLATIONS
Article 11.- Examination and inspection
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2. The examination and inspection shall cover
the observance of the provisions of this Decree and other relevant law
provisions on dealing in production and business lines specified in Article 1
of this Decree.
3. The examination and inspection of business
organizations and individuals must be conducted in compliance with the current
law provisions. There must also be plans for close coordination among the
concerned agencies, so as to avoid overlapping and not to cause troubles to
business organizations and individuals.
Article 12.- Complaints and denunciations
Organizations and individuals dealing in the
production and business lines specified in Article 1 of this Decree may lodge
complaints and citizens may lodge denunciations with the competent authorities
or initiate lawsuits at courts according to the law provisions against State
agencies or officials that improperly apply the provisions of this Decree.
Article 13.- Handling of violations
1. Organizations and individuals dealing in the
inland waterway transportation, that violate the provisions of this Decree,
shall, depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability. If damage is
caused, compensations therefor must be paid according to law provisions.
2. State agencies and officials that violate the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be disciplined or examined for penal liability. If damage is
caused, compensations therefor must be paid according to law provisions.
Chapter
IV
IMPLEMENTATION PROVISIONS
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1. This Decree takes effect 30 days after its
signing. The previous stipulations which are contrary to this Decree are all
hereby annulled.
2. Organizations and individuals currently
engaged in the production and business lines specified in Article 1 of this
Decree shall have to satisfy all the prescribed business conditions within 120
(one hundred and twenty) days as from the effective date of this Decree.
Article 15.- Implementation responsibilities
1. The Minister of Communications and Transport
shall guide the implementation of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s
Committees of the provinces and centrally-run cities and the concerned
organizations and individuals shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai