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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
