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THE MINISTRY OF
TRANSPORT OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.:
08/2022/TT-BGTVT
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Hanoi, June 16,
2022
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CIRCULAR
PROVIDING AMENDMENTS
TO CIRCULARS ON BUSINESS OPERATIONS IN MARITIME SECTOR
Pursuant to the Maritime Code of Vietnam dated
November 25, 2015;
Pursuant to the Law on Inland Waterway Transport
dated June 15, 2004; the Law on amendments to the Law on Inland Waterway
Transport dated June 17, 2014;
Pursuant to the Government’s Decree No.
12/2017/ND-CP dated February 10, 2017 defining the functions, tasks, powers and
organizational structure of the Ministry of Transport;
At the request of the Director of Transportation
Department and the Director of Vietnam Maritime Administration;
The Minister of Transport of Vietnam promulgates
a Circular providing amendments to Circulars on business operations in maritime
sector.
Article 1. Amendments to Circular No.
16/2013/TT-BGTVT dated July 30, 2013 of Minister of Transport prescribing
management of waterway transport routes from shores to islands within
territorial waters of Vietnam
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“1. The organization or individual
(hereinafter referred to as “applicant”) shall submit an application for
registration of fixed-route passenger transport services directly by hand or by
post to the regional maritime administration, or submit an online application
via the online public service system. Such application includes:
a) The application form made using the form in the
Appendix II enclosed herewith;
b) The written agreement or contract on passenger
embarkation and disembarkation signed with the port or wharf managing
organization;
c) Copies presented together with their originals
for verification purposes, or electronic copies of equivalent legal effect,
issued by competent authorities, of the followings: Business registration
certificate or enterprise registration certificate or investment certificate in
which the business lines include waterway passenger transport services; ship
registration certificate; certificate of satisfaction of technical safety and
environmental protection requirements which is still valid and appropriate to
the operating route.”.
2. Clause 3 Article 3 is
amended as follows:
“3. Within a maximum duration of 05 working
days from the receipt of adequate application as prescribed in Clause 1 and
Clause 2 of this Article, the regional maritime administration shall consider
the received application and, if the application is satisfactory, give a
written approval directly, or by post, or via the online public service system,
to the applicant. If the application is inadequate or
unsatisfactory, it shall be refused and reasons for such refusal shall be
provided for the applicant.”.
Article 2. Amendments to Circular No.
50/2016/TT-BGTVT dated December 30, 2016 of Minister of Transport on procedures
for licensing foreign-flagged ships to provide domestic maritime transport
services
1. Clause 4 Article 6 is
amended as follows:
“4. 01 (one) copy extracted from master
register, or copy presented with its original for verification purposes, or
electronic copy of equivalent legal effect, issued by a competent authority of
one of the following documents: The agency contract or the appointment of
agency to act on behalf of the foreign-flagged ship owner (in case an
application is submitted by an agency representing the foreign-flagged ship
owner) or the ship lease contract between the foreign-flagged ship owner and a
Vietnamese juridical person.”.
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a) Clause 1 is amended as follows:
“1. The foreign-flagged ship owner, or his
agency, or Vietnamese lessee shall submit 01 (one) application as prescribed in
Article 6 of this Circular directly by hand or by post to Vietnam Maritime
Administration or online via the online public service system”;
b) Clause 2 is amended as follows:
“2. Vietnam Maritime Administration shall
receive and examine the application. In case the application is submitted
directly by hand, the receiving official shall examine the application and
notify the applicant of modifications (if required). In case the application
submitted by post or via the online public service system is inadequate, within
02 (two) working days from the receipt of the application, Vietnam Maritime
Administration shall notify required modifications. In case the application is
submitted via the online public service system, the notification shall be made
in accordance with the Government’s Decree No. 61/2018/ND-CP dated April 23,
2018 and the Government’s Decree No. 107/2021/ND-CP dated December 06, 2021.”;
c) Clause 5 is amended as follows:
“5. The Ministry of Transport shall give the
application processing result to the shipowner or his agency by post or via the
online public service system, and also provide the copies of the result for the
Ministry of Public Security, Ministry of National Defence, Ministry of Finance,
and Vietnam Maritime Administration for cooperation in management and
monitoring.”.
3. Clause 1, Clause 2 and Clause 5 Article 9 are
amended as follows:
a) Clause 1 is amended as follows:
“1. The foreign-flagged ship owner, or his
agency, shall submit 01 (one) application as prescribed in Article 8 of this
Circular directly by hand, or by post, or via the online public service system
to Vietnam Maritime Administration.”;
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“2. Vietnam Maritime Administration shall
receive and examine the application. In case the application is submitted
directly by hand, the receiving official shall examine the application and
notify the applicant of modifications (if required). In case the application
submitted by post or via the online public service system is inadequate, within
01 (one) working day from the receipt of the application, Vietnam Maritime
Administration shall notify required modifications. In case the application is
submitted via the online public service system, the notification shall be made
in accordance with the Government’s Decree No. 61/2018/ND-CP dated April 23,
2018 and the Government’s Decree No. 107/2021/ND-CP dated December 06, 2021.”;
c) Clause 5 is amended as follows:
“5. The Ministry of Transport shall give the
application processing result to the shipowner or his agency by post or via the
online public service system, and also provide the copies of the result for the
Ministry of Public Security, Ministry of National Defence, Ministry of Finance,
and Vietnam Maritime Administration for cooperation in management and
monitoring.”.
4. Clause 4 Article 10 is
amended as follows:
“4. 01 (one) copy extracted from master
register, or copy presented with its original for verification purposes, or
electronic copy of equivalent legal effect, issued by a competent authority of
one of the following documents: The agency contract or the appointment of
agency to act on behalf of the foreign-flagged ship owner (in case an
application is submitted by an agency representing the foreign-flagged ship
owner).”.
5. Clause 1, Clause 2 and Clause 4 Article 11 are
amended as follows:
a) Clause 1 is amended as follows:
“1. The foreign-flagged ship owner, or his agency,
shall submit 01 (one) application as prescribed in Article 10 of this Circular
directly by hand, or by post, or via the online public service system to the
maritime administration in charge of the area where the cruise ship anchors.”;
b) Clause 2 is amended as follows:
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c) Clause 4 is amended as follows:
“4. The in-charge maritime administration
shall give the application processing result to the shipowner or his agency
directly by hand, or by post, or via the online public service system, and also
provide the copy of the result for Vietnam Maritime Administration for
reporting.”.
Article 3. Effect
1. This Circular comes into force from June 16,
2022.
2. The Circular No. 48/2018/TT-BGTVT dated August
31, 2018 of the Minister of Transport providing amendments to the Circular No.
50/2016/TT-BGTVT dated December 30, 2016 of Minister of Transport on procedures
for licensing foreign-flagged ships to provide domestic maritime transport
services is abrogated.
Article 4. Implementation organization
Chief of the Ministry's Office, Chief Inspector of
the Ministry, Directors of Departments/Agencies affiliated to the Ministry,
Director of Vietnam Maritime Administration, Director of Vietnam Inland
Waterways Administration, Director of Vietnam Register, Directors of provincial
Departments of Transport, heads of relevant agencies/organizations and relevant
individuals shall be responsible for implementation of this Circular./.
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