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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
89/2011/ND-CP
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Hanoi,
October 10, 2011
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DECREE
AMENDING,
SUPPLEMENTING SOME ARTICLES OF THE DECREE NO. 87/2009/ND-CP DATED OCTOBER 19,
2009 OF THE GOVERNMENT ON MULTIMODAL TRANSPORT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005
Maritime Code of Vietnam; Pursuant to the November 13, 2008 Law on Road
Traffic; Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation;
Pursuant to the June 15, 2004
Law on Inland Waterway Navigation; Pursuant to the June 14, 2005 Law on
Railways;
Pursuant to the November 29,
2005 Enterprise Law; Pursuant to the November 26, 2003 Law on Cooperatives;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the June 29, 2001
Customs Law and the June 14, 2005 Law
Amending and Supplementing a
Number of Articles of the Customs Law;
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DECREES:
Article 1. To amend,
supplement some articles of the Decree No.87/2009/ND-CP dated October 19, 2009
of the Government on multimodal transport with following contents:
1. To amend the title of
Article 6 as follows:
“Procedures of application for
international multimodal transport business licenses”
2. To amend clause 1, Article
6 as follows:
“Enterprises and cooperatives
defined in Clauses 1 and 2, Article 5 of this Decree shall send a dossier of
application for international multimodal transport business licenses directly
to the Ministry of Transport or by post. Such a dossier comprises:
a/ An application for a license
(made according to a form provided in Appendix I, not translated herein);
b/ A certified (or notarized)
copy of the business registration certificate or the investment license which
covers the international multimodal transport business line;
c/ The finance agency’s
certification of the enterprise's asset value, or State Audit of Vietnam, audit
enterprises. In the case that enterprises and cooperatives are not audited,
they must be guaranteed by an equivalent bank”
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“Enterprises and cooperatives
defined in Clause 3, Article 5 of this Decree shall send a dossier of
application for international multimodal transport business licenses directly
to the Ministry of Transport or by post. Such a dossier comprises:
a/ An application for a license;
b/ A copy of the international
multimodal transport business registration certificate, issued by a competent
agency of that country and legalized by a consulate;
c/ A contract on professional
liability insurance for international multimodal transport, or an equivalent
guarantee.
4. To amend clause 4, Article
6 as follows:
“3. Within 07 working days after
receiving a complete and valid dossier in accordance with regulations, the
Ministry of Transport shall grant a multimodal transport business license to
the applicant (made according to a form provided in Appendix III. not
translated herein).
An international multimodal
transport business license is valid for 5 years from the date of its grant.
5. To supplement clause 5,
Article 6 as follows:
“5. In the case that a dossier
of application for international multimodal transport business licenses is not
fully in accordance with regulations, the Ministry of Transport shall have
document answering enterprises with stated reasons within 03 working days after
receiving direct dossiers or receiving date on post stamp.”
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“1. Enterprises and cooperatives
defined in Clauses 1, 2 and 3, Article 5 of this Decree shall send dossiers of
application for re-grant of multimodal transport business licenses directly to
the Ministry of Transport or by post. Such a dossier comprises:
a/ An application for re-grant
of the license (made according to a form provided in Appendix II. not
translated herein);
b/ A certified (or notarized)
copy of the business registration certificate (in case of any change);
c/ The finance agency's
certification of the enterprise’s asset value or equivalent guarantee (in case
of any change).
7. To amend clause 2, Article
7 as follows:
“2. Within 07 working days after
receiving a complete and valid dossier, the Ministry of Transport shall
re-grant an international multimodal transport business license to the
applicant. Such a license is valid for 5 years from the date of its grant.”
8. To supplement clause 3,
Article 7 as follows:
“3. In the case that a dossier
of application for international multimodal transport business licenses is
valid, the Ministry of Transport shall have document answering enterprises with
stated reasons within 03 working days after receiving direct dossiers or
receiving date on post stamp.”
Article 2. Effectiveness
and implementation responsibility
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2. Ministers, heads of
ministerial-level agencies, heads of government- attached agencies,
chairpersons of provincial-level People’s Committees, and concerned organizations
and individuals shall implement this Decree.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung