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THE GOVERNMENT
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 69/2022/ND-CP
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Hanoi, September
23, 2022
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DECREE
PROVIDING AMENDMENTS TO DECREES ON BUSINESS OPERATIONS IN MARITIME
SECTOR
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on Amendments to the Law
on Government Organization and the Law on Local Government Organization dated
November 22, 2019;
Pursuant to the Maritime Code
of Vietnam dated November 25, 2015;
Pursuant to the Law on
Investment dated June 17, 2020;
Pursuant to the Law on
Enterprises dated June 17, 2020;
At the request of the Minister
of Transport of Vietnam;
The Government promulgates a
Decree providing amendments to decrees on business operations in maritime
sector.
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1. Point a and Point c Clause 2
Article 19 of Decree No. 70/2016/ND-CP are amended as follows:
a) Point a Clause 2 Article 19 is
amended as follows:
“a) A maritime pilotage company
shall, directly or by post or via the online public service system or in any
other appropriate form, submit the application including the documents
prescribed in Clause 1 of Article to Vietnam Maritime Administration;”
b) Point c Clause 2 Article 19 is
amended as follows:
“c) If the application which is
submitted by post or via the online public service system or in any other
appropriate form is inadequate, Vietnam Maritime Administration shall, within
02 working days from the receipt of the application, send a written request for
modification of the application in which reasons for the modification must be
indicated, by post or via the online public service system or in any other
appropriate form, to the applicant;”
2. The phrase “tối thiểu 05 năm”
(“at least 05 years”) is replaced with the phrase “tối thiểu 03 năm” (“at least
03 years”) in Clause 2 Article 5, Clause 2 Article 6, Clause 2 Article 7,
Clause 2 Article 8, Clause 2 Article 10, Clause 2 Article 11, Clause 2 Article
12, Clause 1 Article 14, Article 16 of the Decree No. 70/2016/ND-CP as amended
in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause
9 and Clause 11 Article 2 Decree No. 147/2018/ND-CP.
Article 2.
Amendments to the Government’s Decree No. 37/2017/ND-CP dated April 04, 2017
1. Clause 1 and Clause 3 Article
10 are amended as follows:
a) Clause 1 Article 10 is amended
as follows:
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a) The application form made using
Form No. 01 in the Appendix enclosed herewith;
b) The certified true copy or copy
accompanied with its original for verification purpose or electronic copy or
electronic copy from the master register or certified true electronic copy of
the original of the enterprise registration certificate;
c) The list of title holders and
their employment contracts accompanied with certified true copies or copies
accompanied with their originals for verification purpose or electronic copies
or electronic copies from the master registers or certified true electronic
copies of the originals of degrees, diplomas or certificates of title holders
as prescribed in Clause 2 Article 6 of this Decree;
d) The original or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the applicant’s seaport operation plan.”
b) Clause 3 Article 10 is amended
as follows:
“3. Within 07 working days from
the receipt of an adequate and valid application, Vietnam Maritime
Administration shall verify the received application, issue and send the
eligibility certificate directly or by post or via the online public service
system or in any other appropriate form to the applicant; if an application is
refused, Vietnam Maritime Administration shall give a written response in which
reasons for such refusal shall be indicated.”
2. Clause 2 Article 11 is amended
as follows:
“2. The applicant (i.e. the port
enterprise) shall, directly, by post or via the online public service system or
in any other appropriate form, submit an application for reissuance of the
eligibility certificate to Vietnam Maritime Administration. The application
includes:
a) The application form made using
Form No. 01 in the Appendix enclosed herewith;
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c) The original or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the applicant’s seaport operation plan (if there are changes
in information about location, scale or functions of the seaport).”
3. Clause 4 Article 11 is amended
as follows:
“4. Within 03 working days from
the receipt of an adequate and valid application, Vietnam Maritime
Administration shall examine the received application, re-issue and send the
eligibility certificate directly or by post or via the online public service
system or in any other appropriate form to the applicant; if an application is
refused, Vietnam Maritime Administration shall give a written response in which
reasons for such refusal shall be indicated.”
4. Contents of the documents
enclosed with Form No. 01 in the Appendix prescribing forms of documents used
in seaport operation enclosed with the Decree No. 37/2017/ND-CP are amended as
follows:
“Attached documents:
1. The certified true copy or copy
accompanied with its original for verification purpose or electronic copy or
electronic copy from the master register or certified true electronic copy of
the original of the enterprise registration certificate (in case of application
for issuance of the eligibility certificate or in case of application for
re-issuance of the eligibility certificate with regard to changes in
information about the port enterprise)
2. The list of title holders and
their employment contracts accompanied with certified true copies or copies
accompanied with their originals for verification purpose or electronic copies
or electronic copies from the master registers or certified true electronic
copies of the originals of degrees, diplomas or certificates of such title
holders as prescribed (in case of application for issuance of the eligibility
certificate).
3. The original or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the applicant’s seaport operation plan (in case of
application for issuance of the eligibility certificate or in case of
application for re-issuance of the eligibility certificate with regard to
changes in information about location, scale or functions of the seaport).”
Article 3.
Amendments to Government’s Decree No. 29/2017/ND-CP dated March 20, 2017
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“1. The seafarer recruitment and
placement service provider shall, directly, by post or via the online public
service system or in any other appropriate form, submit an application to
Vietnam Maritime Administration. The application includes:
a) The application form made using
Form No. 04 in the Appendix enclosed herewith;
b) The certified true copy or copy
accompanied with its original for verification purpose or electronic copy or
electronic copy from the master register or certified true electronic copy of
the original of the license to send seafarers to work abroad or license to
supply or outsource seafarers to work onboard ships in the form of labour
supply or outsourcing or guest worker program as prescribed by law;
c) The certified true copy or copy
accompanied with its original for verification purpose or electronic copy or
electronic copy from the master register or certified true electronic copy of
the original of the Certificate of conformity with ISO 9001 quality management
system and Regulation 1.4 of the MLC Convention on seafarer recruitment and
placement services.”
2. Clause 2 Article 14 is amended
as follows:
“2. The seafarer recruitment and
supply service provider shall, directly, by post or via the online public
service system or in any other appropriate form, submit an application for
reissuance of the Certificate to Vietnam Maritime Administration. The
application includes:
a) The application form made using
Form No. 04 in the Appendix enclosed herewith;
b) The certified true copy or copy
accompanied with its original for verification purpose or electronic copy or
electronic copy from the master register or certified true electronic copy of
the original of the enterprise registration certificate (if there are changes
in information about the port enterprise);
c) The original of the Certificate
(if the Certificate is expired or otherwise damaged).
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3. Form 04 in the Appendix
enclosed with the Decree No. 29/2017/ND-CP is replaced with Form 04 in the
Appendix enclosed herewith.
Article 4.
Amendments to the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017
1. Clause 1 and Clause 3 Article 6
are amended as follows:
a) Clause 1 Article 6 is amended
as follows:
“1. Before approving the
investment project, the investor shall submit an application for agreement
on locations and detailed technical specifications of the seaport, port,
wharf or navigational channel, directly or by post or via the online public
service system or in any other appropriate form to Vietnam Maritime
Administration. The application includes:
a) The application form made using
Form No. 01 enclosed herewith;
b) The copy or electronic copy of
the written approval for investment guidelines given by a competent authority
as prescribed in Clause 4 Article 4 of this Decree;
c) The original or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the drawing of the structure that shows the coordinates of
the location of main structure and other auxiliary structures, the distance
from the structure boundary to the adjacent structures;
d) The copies accompanied with
their originals for verification purpose or electronic copies or electronic
copies from the master registers or certified true electronic copies of the
originals of legal documents about the land area for the project (specifying
the coordinates of the boundary of the land area);
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b) Clause 3 Article 6 is amended
as follows:
“3. Within 03 working days from
the receipt of adequate opinions from relevant authorities about
the investor’s application, the Vietnam Maritime Administration
shall prepare and send a written agreement on location and detailed
technical specifications, directly or by post or via the online public service
system or in any other appropriate form to the investor. If an application is
refused, Vietnam Maritime Administration shall give a written response in which
reasons for such refusal shall be indicated.”
2. Clause 4 Article 7 is amended
as follows:
“4. For the project on
construction of the structures that intersect seaport waters and navigational
channels or that affect maritime operations, such as bridges, power lines,
cable cars, underground structures and other similar structures, upon his/her
proposal for the project, the investor shall, directly or by post or via the
online public service system or in any other appropriate form, submit a written
request to the Vietnam Maritime Administration for its opinions about
the necessity, expected location and scale, vertical clearance and depth of the
structure.
Within 05 working days from the
receipt of the written request for opinions and the copy of overall
contour map of the site, the Vietnam Maritime Administration shall send a
written response specifying the requirements that need to be satisfied to
ensure maritime safety and security, and prevent environmental pollution,
directly or by post or via the online public service system or in any other
appropriate form to the investor. In case of refusal, Vietnam Maritime
Administration shall give a written response in which reasons for such refusal
shall be indicated.”
3. Clause 5 Article 13 is amended
as follows:
a) The application form made using
Form No. 04 in the Appendix enclosed herewith;
b) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
record of the commissioning of the completely constructed structure, enclosed
with the as-built drawing of the navigational channel and aids to navigation
system that are invested according to the project;
c) The copies accompanied with
their originals for verification purpose or electronic copies or electronic
copies from the master registers or certified true electronic copies of the
originals of procedures for operation of a navigational channel, including:
channel standards, aids to navigation system, design specifications of the ship
and other specific conditions for operation;
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Within 03 working days from the
receipt of the application as prescribed in this Clause, Vietnam Maritime
Administration shall announce the first use of the navigational channel as
prescribed. In case of refusal, Vietnam Maritime Administration shall give
a written response in which reasons for such refusal shall be indicated.”
4. Clause 1 and Clause 4 Article
14 are amended as follows:
a) Clause 1 Article 14 is amended
as follows:
“1. After the construction
of a port, wharf, floating terminal, or dedicated waters is
completed, the investor shall submit an application for announcement of
the opening of a port, wharf, floating terminal, or dedicated waters,
directly or by post or via the online public service system or in any other
appropriate form, to Vietnam Maritime Administration.”
b) Clause 4 Article 14 is amended
as follows:
“4. Procedures for receiving and
processing an application: Vietnam Maritime Administration shall receive the
application. If the application is invalid, within 03 working days from
the receipt of the application, Vietnam Maritime Administration
shall provide guidelines for completion of the application as
prescribed in this Decree. If the application is valid, within 03 working days
from the receipt of the application, Vietnam Maritime Administration shall
issue the decision on announcement of the opening of a port, wharf, floating
terminal, or dedicated waters, using Form No. 07 provided in the Appendix
enclosed herewith, and send it directly or by post or via the online public
service system or in any other appropriate form to the investor.”
5. Point a Clause 2 Article 17 is
amended as follows:
“a) The investor or the regional
Maritime Administration shall submit an application form which is made using
the Form No. 10 provided in the Appendix enclosed herewith, directly or by post
or via the online public service system or in any other appropriate form, to
Vietnam Maritime Administration;”
6. Clause 1 Article 40 is amended
as follows:
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a) The application form made using
Form No. 15 provided in the Appendix enclosed herewith;
b) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
technical design of the the aids to navigation;
c) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
chart showing coordinates of the aids to navigation.”
7. Clause 1 Article 41 is amended
as follows:
“1. The investor shall, directly
or by post or via the online public service system or in any other appropriate
form, submit an application to Vietnam Maritime Administration. The application
includes:
a) The application form made using
Form No. 16 in the Appendix enclosed herewith;
b) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
record of commissioning and transfer;
c) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
contour map of obstacles found on the newly constructed navigational channel
route that is carried out by a unit licensed to measure and survey. This unit
shall assume the joint responsibility with the investor for legality of the
survey documents;
d) The copy accompanied with its
original for verification purpose or electronic copy or electronic copy from
the master register or certified true electronic copy of the original of the
notice to mariners about the establishment of new aids to navigation.”
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“b) Vietnam Maritime
Administration shall receive the application. If the application is
invalid, within 02 working days from the receipt of the
application, Vietnam Maritime Administration shall provide guidelines
for completion of the application as prescribed in this Decree. If the
application is valid, within 07 working days from the receipt of the
application, Vietnam Maritime Administration shall give a written response and
send it directly or by post or via the online public service system or in any
other appropriate form to the applicant; if an application is refused, Vietnam
Maritime Administration shall give a written response in which reasons for such
refusal shall be indicated.”
9. The phrase “hoặc gửi bằng hình
thức phù hợp khác” (“or in any other appropriate form” is replaced with the
phrase “hoặc gửi qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến
hoặc bằng hình thức phù hợp khác” (“or directly or by post or via the online
public service system or in any other appropriate form”) in Point a Clause 3,
Point a Clause 5 Article 25; Point a Clause 3 Article 75.
10. The phrase “và gửi văn bản cho
chủ đầu tư qua hệ thống bưu chính
hoặc chủ đầu tư nhận trực tiếp tại
Cục Hàng hải Việt Nam” (“and send it to the investor by post or the investor
shall receive it directly at the office of Vietnam Maritime Administration”) is
replaced with the phrase “và gửi trực tiếp hoặc qua hệ thống bưu chính hoặc qua
hệ thống dịch vụ công trực tuyến hoặc bằng hình thức phù hợp khác đến chủ đầu tư” (“and send it directly or by post or via the online public
service system or in any other appropriate form to the investor”) in Point b
Clause 3, Clause 4, Point b Clause 5 Article 25.
11. The phrase “và gửi cho người đề nghị thông qua hệ thống bưu chính hoặc người
đề nghị đến nhận trực tiếp tại Cục Hàng hải Việt Nam” (“and send it to the
applicant by post or the applicant shall receive it directly at the office of
Vietnam Maritime Administration”) is replaced with the phrase “và gửi trực tiếp
hoặc qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc nhận
bằng hình thức phù hợp khác đến tổ
chức, cá nhân đề nghị” (“and send
it directly or by post or via the online public service system or in any other
appropriate form to the applicant”) in Point b Clause 2 Article 17.
Article 5.
Amendments to Government’s Decree No. 05/2017/ND-CP dated January 16, 2017
1. Clause 1 Article 13 is amended
as follows:
“1. An application for approval of
the salvage plan shall be submitted directly or by post or via the online
public service system or in any other appropriate form to the competent
authority prescribed in Article 12 of this Decree.”
2. Clause 3 Article 13 is amended
as follows:
“3. If the application is invalid,
within 02 working days from the receipt of the application, the authority
competent to give approval for the salvage plan shall instruct the applicant to
complete the application in accordance with regulations of this Decree. If the
application is valid, within 10 working days from the receipt of the
application, the authority competent to give approval for the salvage plan
shall make and send the written approval for the salvage plan directly or by
post or via the online public service system or in any other appropriate form
to the applicant. If an application is refused, a written response specifying
the reasons thereof shall be given to the applicant.”
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1. This Decree comes into force
from October 30, 2022.
2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, and Chairpersons of Provincial
People’s Committees shall be responsible for guidance on and implementation of
this Decree.
ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh