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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 111/2014/ND-CP
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Hanoi, November
20, 2014
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DECREE
PROVIDING
THE USEFUL LIFE OF INLAND WATERWAY VESSELS AND THE USEFUL LIFE OF VESSELS PERMITTED
FOR IMPORT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 15, 2004 Law on Inland
Waterway Navigation and the June 17, 2014 Law Amending and Supplementing a
Number of Articles of the Law on Inland Waterway Navigation;
At the proposal of the Minister of Transport,
The Government promulgates the Decree providing
for the useful life of inland waterway vessels and the useful life of vessels
permitted for import.
Chapter I
GENERAL PROVISIONS
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1. This Decree provides the useful life of inland
waterway vessels operating in Vietnam and the useful life of vessels permitted
to be imported for use as inland waterway vessels operating in Vietnam.
2. This Decree does not regulate inland waterway
vessels used for national defense or security purposes and fishing vessels and
foreign inland waterway vessels in transit through the Vietnamese territory.
Article 2. Subjects of
application
1. Regarding the useful life of inland waterway vessels:
This Decree applies to organizations and individuals owning or managing and
exploiting the use of inland waterway vessels operating in Vietnam, including
the following types of vessels:
a/ Ships carrying dangerous goods, oil, liquefied
gases in bulk;
b/ Overnight cruises, floating hotels, floating
restaurants;
c/ Passenger ships other than overnight cruises,
floating hotels, floating restaurants, high-speed vessels and hovercrafts;
d/ High-speed passenger vessels;
dd/ Hovercrafts.
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3. When a treaty to which the Socialist Republic of
Vietnam IS a contracting party contains provisions different from those of this
Decree, that treaty prevails.
Article 3. Interpretation
of terms
In this Decree, the terms below are construed as
follows:
1. Useful life of an inland waterway vessel means
the maximum period of time measured in years during which the vessel is
permitted to operate.
2. Useful life of a vessel permitted for import
means the maximum period of time measured in years during which an operating
vessel is permitted for import into Vietnam, below collectively referred to as
age of vessels permitted for import.
3. Passenger ship means an inland waterway vessel
with a capacity of over 12 passengers.
4. Passenger vessel means an inland waterway vessel
with a capacity not exceeding 12 passengers.
5. High-speed passenger ship means a passenger ship
that is inspected and certified by Vietnam Register as conformable with
national technical regulations on classification and building of high-speed
ships; a passenger ship that glides when its hull is lifted from the water
surface by aerodynamic lift generated by ground effect with a top speed of at
least 30 km/hr in a full load condition.
6. Hovercraft means an inland waterway vessel the
weight of which is wholly or significantly supported above the water surface
while still or moving by a continuously generated cushion of air and traveling
above the water surface.
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8. Floating hotel means an inland waterway vessel
with cabins and hotel business registration for carrying tourists, which may
anchor at a place on an inland waterway and may travel from this anchoring
place to another when necessary.
9. Floating restaurant means an inland waterway
vessel with food and drink service business registration but no cabin for
carrying passengers.
Chapter II
USEFUL LIFE OF INLAND
WATERWAY VESSELS AND AGES OF VESSELS PERMITTED FOR IMPORT
Article 4. Useful life of
inland waterway vessels
1. The useful life of inland waterway vessels is
prescribed as follows:
Number
Types of
vessels
With metal,
fiber-reinforced plastic, ferrocement or reinforced concrete hull, not
exceeding (years)
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1
Ships carrying dangerous goods, oil, liquefied
gases in bulk
30
25
2
Overnight cruises, floating hotels, floating
restaurants
35
20
3
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30
25
4
High-speed passenger ships
20
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5
Hovercrafts
18
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2. In some special cases, the Prime Minister shall
decide on the useful life of inland waterway vessels at the proposal of the
Minister of Transport.
Article 5. Ages of vessels
permitted for import
1. The ages of vessels permitted for import must
not exceed 10 years for passenger ships and passenger vessels and not exceed 15
years for other vessels.
2. Not to import wooden-hull overnight cruises,
floating restaurants and floating hotels and other vessels lacking sufficient
grounds for determining their building year.
3. In special cases, the Prime Minister shall decide
on the ages of vessels permitted for import at the proposal of the Minister of
Transport.
Article 6. Time for
counting the useful life
1. The useful life of an inland waterway vessel
shall be counted from the year of its building. The determination of building
years of vessels must comply with Article 7 of this Decree.
2. The age of a vessel permitted for import shall
be counted from the year of its building to the year of registration of the
customs declaration for its import into Vietnam.
Article 7. Vessel building
year
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2. For imported vessels, the year of building of a
vessel shall be counted from the year it was built and written in its
registration and inspection dossier or the dossier granted to the vessel by its
national management agency.
Chapter III
RESPONSIBILITIES FOR
ORGANIZATION OF IMPLEMENTATION
Article 8. The Ministry of
Transport
1. To organize and guide the implementation of this
Decree.
2. To review and complete technical regulations on
the useful life of inland waterway vessels in Vietnam.
3. To inspect, examine, and handle violations by
inland waterway vessels according to this Decree and other relevant
regulations.
Article 9. The Ministry of
Public Security
To coordinate with the Ministry of Transport in
inspection, examination and handling of violations with regard to inland
waterway vessels according to this Decree and other relevant regulations.
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To guide customs procedures on the import of
vessels according to this Decree and other relevant regulations.
Article 11. Provincial-level
People’s Committees
1. Based on their prescribed functions, tasks and
powers, to organize the implementation of this Decree.
2. To guide competent local agencies in inspecting,
examining, and handling violations with regard to inland waterway vessels
according to this Decree and other relevant regulations.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 12. Effect
This Decree takes effect on January 5, 2015.
Article 13. Transitional
provisions
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a/ Vessels with their useful life to expire before
January 5, 2015, may operate through December 31, 2016.
b/ Vessels with their useful life to expire between
January 5, 2015, and before January 5, 2016, may operate through December 31,
2017.
c/ Vessels with their useful life to expire between
January 5, 2016, and before January 5, 2017, may operate through December 31,
2018.
d/ Vessels with their useful life to expire on
January 5, 2017, or afterward may not operate after that date.
2. From the effective date of this Decree, the
useful life may be extended for inland waterway vessels prescribed in Article 4
of this Decree, excluding high-speed passenger ships, specifically as follows:
a/ Vessels with their useful life to expire before
January 5, 2015, may operate through December 31, 2019.
b/ Vessels with their useful life to expire between
January 5, 2015, and before January 5, 2016, may operate through December 31,
2020.
c/ Vessels with their useful life to expire between
January 5, 2016, and before January 5, 2017, may operate through December 31,
2021.
d/ Vessels with their useful life to expire between
January 5, 2017, and before January 5, 2018, may operate through December 31,
2022.
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e/ Vessels with their useful life to expire between
January 5, 2019, and before January 5, 2020, may operate through December 31,
2024.
g/ Vessels with their useful life to expire on
January 5, 2020, or afterward may not operate after that date.
3. For inland waterway vessels lacking sufficient
grounds for determining their year of building from the effective date of this
Decree, their useful life may be extended specifically as follows:
a/ High-speed passenger ships may operate through
December 31, 2016.
b/ Inland waterway vessels prescribed in Article 4
of this Decree, excluding high-speed passenger ships, may operate through
December 31, 2019.
4. Vessels imported into Vietnam under contracts
concluded before the effective date of this Decree are not subject to the
useful life applicable to vessels permitted for import but are subject to the
useful life applicable to inland waterway vessels prescribed in Article 4 of
this Decree when operating on Vietnam’s inland waterways.
5. Vessels prescribed in Clauses 1, 2, 3 and 4 of
this Article must assure technical safety and environmental protection as
prescribed.
Article 14. Implementation
responsibility
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of provincial-level
People’s Committees, and related organizations and individuals shall implement
this Decree.-
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung