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MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 29/VBHN-BGTVT
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Hanoi, June 30,
2022
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CIRCULAR
ON
THE PROCEDURE FOR LICENSING FOREIGN SEA-GOING VESSELS TO PROVIDE DOMESTIC MARINE
TRANSPORT SERVICES
Circular No. 50/2016/TT-BGTVT dated December 30,
2016 of the Minister of Transport of Vietnam on the procedure for licensing
foreign sea-going vessels to provide domestic marine transport services, which
came into force as of July 1, 2017, amended by:
Circular No. 08/2022/TT-BGTVT dated June 16, 2022
of the Minister of Transport of Vietnam on amendments to Circulars on business
operations in maritime sector, which came into force as of June 16, 2022.
Pursuant to the Maritime Code of Vietnam 2015;
Pursuant to Decree No. 107/2012/ND-CP dated
December 20, 2012 of the Government of Vietnam on functions, tasks,
entitlements, and organizational structure of the Ministry of Transport of
Vietnam;
At the request of the Director of the Transportation
Department and the Director of Vietnam Maritime Administration;
The Minister of Transport of Vietnam hereby
promulgates the Circular on the procedure for licensing foreign sea-going
vessels to provide domestic marine transport services.[1]
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GENERAL PROVISIONS
Article 1. Scope
This Circular provides for regulations on the
procedure for granting a license of domestic marine transport.
Article 2. Regulated entities
This Circular applies to Vietnamese and foreign organizations
and individuals related to foreign sea-going vessels that provide domestic
marine transport services.
Article 3. Interpretation of
terms
1. Foreign sea-going vessel
means a registered maritime ship that sails under the flag of a foreign country.
2. Domestic maritime transport
refers to the transference of cargo, passengers, and luggage by sea from a site
of embarkation to a site of disembarkation in the territorial waters of
Vietnam.
Article 4. Competency in
granting a license of domestic maritime transport
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a) Transportation of oversize loads or other types
of cargo on specialized sea-going vessels; clearance of cargo, passengers and luggage
in congestion at a port due to Vietnamese sea-going vessels' incapacity to
provide transport;
b) Prevention of and recovery from natural
disasters and epidemics, or humanitarian emergency aid.
2. Directors of the port authorities shall license
a foreign sea-going vessel, which is a cruise ship, to transport its passengers
and luggage ashore domestically at sea or vice versa via its conveyances.
Article 5. Term of a license of
domestic maritime transport
1. A license of domestic maritime transport shall
be valid for 1 year in the following circumstances:
a) The licensed sea-going vessel is of use to 1
product manufacturer;
b) The licensed vessel is not present in any
Vietnamese fleets.
2. A license of domestic maritime transport granted
to a sea-going vessel other than those prescribed in Clause 1 of this Article
shall be valid for 6 months.
3. The term of a
license of domestic maritime transport for a foreign sea-going vessel can be
set as requested by the applicant; however, its term shall not exceed 1 year in
the circumstances specified in Clause 1 of this Article or 6 months according
to Clause 2 of this Article.
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Chapter II
PROCEDURE FOR GRANTING
AND REVOKING THE LICENSE OF DOMESTIC MARINE TRANSPORT FOR FOREIGN SEA-GOING
VESSELS
Section 1. TRANSPORT OF OVERSIZE
LOADS OR OTHER TYPES OF CARGO ON SPECIALIZED SEA-GOING VESSELS; CLEARANCE OF
CARGO, PASSENGERS AND LUGGAGE IN CONGESTION AT A PORT
Article 6. Application for a
license of domestic maritime transport
An application for a license of domestic maritime
transport includes:
1. The application form as
prescribed in Appendix I promulgated with this Circular.
2. 1 copy of the certificate
of sea-going vessel registration.
3. 1 set of sea-going vessel
registry documents, including the copies of the certificates of technical
safety and environment protection for sea-going vessel as prescribed in
Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of
Transport of Vietnam on the list of certificates and papers for sea-going
vessels, sea-going vessels on official duty, submarines, submersibles, floating
terminals, and mobile platforms in Vietnam.
4.[2] 1 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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1.[3] The foreign-flagged ship owner, or his/her
agency, or Vietnamese juridical person leasing the ship shall submit 1
application as prescribed in Article 6 of this Circular directly by hand or by
post to Vietnam Maritime Administration or via the online public service
system.
2.[4] 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 2 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
Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government of Vietnam and
Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government of Vietnam.
3. Within 7 working days after receiving a complete
application, Vietnam Maritime Administration shall appraise the documents, post
information on the website of Vietnam Maritime Administration for public
opinions and prepare and submit an appraisal report to the Ministry of Transport
of Vietnam for finalization.
4. Within 3 working days after receiving the
appraisal report from Vietnam Maritime Administration, the Ministry of
Transport of Vietnam shall consider and approve the granting of the license of
domestic maritime transport according to the form prescribed in Appendix II
promulgated with this Circular. In case the application is rejected, the
Ministry of Transport of Vietnam shall answer and explain in writing.
5.[5] The Ministry of Transport of Vietnam
shall give the application processing result to the ship-owner or his/her
agency by post or via the online public service system, and also provide the
copies of the result for the Ministry of Public Security of Vietnam, Ministry
of National Defence of Vietnam, Ministry of Finance of Vietnam, and Vietnam
Maritime Administration for cooperation in management and monitoring.
Section 2. PREVENTION OF
AND RECOVERY FROM NATURAL DISASTERS AND EPIDEMICS, OR HUMANITARIAN EMERGENCY
AID
Article 8. Application for a
license of domestic maritime transport
An application for a license of domestic maritime
transport includes:
1. The official dispatch of a
competent state agency requesting the foreign vessel’s provision of domestic
maritime transport.
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3. 1 set of sea-going vessel
registry documents, including the copies of the certificates of technical
safety and environment protection for sea-going vessel as prescribed in
Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of
Transport of Vietnam on the list of certificates and papers for sea-going
vessels, sea-going vessels on official duty, submarines, submersibles, floating
terminals, and mobile platforms in Vietnam.
Article 9. Procedure for
receiving, processing applications, and issuing licenses of domestic maritime
transport
1.[6] The foreign-flagged ship owner or
his/her agency shall submit 1 application as prescribed in Article 8 of this
Circular directly by hand or by post to Vietnam Maritime Administration or via
the online public service system.
2.[7] 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 1 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 Decree No. 61/2018/ND-CP dated
April 23, 2018 of the Government of Vietnam and Decree No. 107/2021/ND-CP dated
December 06, 2021 of the Government of Vietnam.
3. Within 2 working days after receiving the
complete application, Vietnam Maritime Administration shall appraise the
documents and make an appraisal report to the Ministry of Transport for final
decision.
4. Within 1 working day after receiving the
verification report from Vietnam Maritime Administration, the Ministry of
Transport of Vietnam shall consider and approve the granting of the license of
domestic maritime transport according to the form prescribed in Appendix II promulgated
with this Circular. In case the application is rejected, the Ministry of
Transport of Vietnam shall answer and explain in writing.
5.[8] The Ministry of Transport of Vietnam
shall give the application processing result to the ship-owner or his/her agency
by post or via the online public service system, and also provide the copies of
the result for the Ministry of Public Security of Vietnam, Ministry of National
Defence of Vietnam, Ministry of Finance of Vietnam, and Vietnam Maritime
Administration for cooperation in management and monitoring.
Section 3. TRANSPORT OF
PASSENGERS AND LUGGAGE FROM CRUISE SHIP TO LAND
Article 10. Application for a
license of domestic maritime transport
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1. The application form as
prescribed in Appendix I promulgated with this Circular.
2. 1 copy of the certificate
of sea-going vessel registration.
3. 1 set of sea-going vessel
registry documents, including the copies of the certificates of technical
safety and environment protection for sea-going vessel as prescribed in
Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of
Transport of Vietnam on the list of certificates and papers for sea-going
vessels, sea-going vessels on official duty, submarines, submersibles, floating
terminals, and mobile platforms in Vietnam.
4.[9] 1 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. The detailed plan for transporting passengers
and luggage from the cruise ship to land and vice versa.
Article 11. Procedure for
receiving, processing applications, and issuing licenses of domestic maritime
transport
1.[10] The foreign-flagged ship owner, or
his agency, shall submit 1 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.
2.[11] The Port Authority 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 1 working day from the
receipt of the application, the Port Authority 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.
3. Within 1 working day after receiving the
complete application, the Port Authority shall appraise documents and grant the
license of domestic maritime transport as specified in Appendix III promulgated
with this Circular. In case the application is rejected, the Port Authority
shall answer and explain in writing.
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Section 4. REVOCATION OF
DOMESTIC MARITIME TRANSPORT LICENSES
Article 12. Cases of
revocation of domestic maritime transport licenses
Domestic maritime transport licenses are revoked in
the following cases:
1. The sea-going vessel no longer qualifies for
transporting cargo, passengers and luggage as prescribed by law.
2. The cargo, passengers and luggage transported
are contrary to those specified in the license of domestic maritime transport.
3. The information on the sea-going vessel,
transport route, cargo, passengers, and luggage is forged, altered, or made
deliberately misleading.
Article 13. Domestic maritime
transport license revocation agencies
1. The Minister of Transport
of Vietnam shall revoke domestic maritime transport licenses as prescribed in
Clause 1 Article 4 of this Circular.
2. Directors of the port
authorities shall revoke domestic maritime transport licenses as prescribed in
Clause 2 Article 4 of this Circular.
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IMPLEMENTATION
Article 14. Responsibilities
of relevant organizations and individuals
1. Organizations and individuals that have foreign
sea-going vessels providing domestic maritime transport service shall:
a) Provide domestic maritime transport service
according to the license of domestic maritime transport;
b) Store the license of domestic maritime transport
on the sea-going vessel to present it to the port authority and relevant bodies
at a port while performing procedures for the vessel's entry or departure at
the port;
c) Comply with regulations against fraudulent
alteration of the content of the license of domestic maritime transport;
d) Comply with regulations against the use of a
false license of domestic maritime transport;
dd) Comply with regulations against other
fraudulent acts to obtain a license of domestic maritime transport.
2. The Vietnam Maritime Administration shall:
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b) Inspect and verify information to grant licenses
of domestic maritime transport as per regulation;
c) Instruct the port authorities to inspect,
supervise, and detect violations regarding foreign sea-going vessels providing
domestic maritime transport service in a timely manner;
d) Make and post the list of foreign vessels
providing domestic transport service on the website of the Vietnam Maritime
Administration on a monthly basis;
dd) Act as the lead contact for reports on foreign
vessels providing domestic transport service. Handle the violations of this
Circular and the law of Vietnam intra vires or report them to competent
authorities;
e) Aggregate statistical data on cargo, passengers,
and luggage transported by sea and on the licensing of foreign sea-going
vessels to provide domestic transport service; submit reports to the Ministry
of Transport before the 25th of December each year.
3. Port authorities shall:
a) Grant licenses of domestic maritime transport to
foreign sea-going vessels that carry passengers and luggage ashore from a cruise
ship and vice versa via the ship's intermediary vehicles;
b) Inspect, supervise, and detect violations
regarding foreign vessels’ activities of domestic maritime transport in a
timely manner.
Article 15. Entry into force
[13]
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2. If documents cited in this
Circular are amended, comply with their new edition.
Article 16. Implementation
1. The Vietnam Maritime
Administration and port authorities shall implement this Circular.
2. Chief of the Ministry
Office, Chief Inspector of the Ministry, Directors of the Vietnam Maritime
Administration, and directors of relevant agencies, organizations, and
individuals shall implement this Circular./.
VERFICICATION
OF CONSOLIDATED DOCUMENT
PP. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang
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APPLICATION FORM
(Promulgated together with Circular No. 50/2016/TT-BGTVT dated December 30,
2016 of the Minister of Transport of Vietnam)
APPLYING
ORGANIZATION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
No.
............
Location, date
APPLICATION
FOR DOMESTIC MARITIME TRANSPORT LICENSE
To: (receiving
agencies)
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Address Phone number Fax
- Vessel management and utilization
unit:...........................................................................
Address Phone number Fax
- Vessel’s
owner:..................................................................................................................
Address Phone number...........................
Fax................................................
Requesting
domestic maritime
transport license in Vietnam with the following information:
1. Information on the vessel:
a) Vessel’s name:.....................;
Nationality:.......................................................................
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c) Call sign/IMO number:............; Deadweight
tonnage (DWT) .........................................
d) Total capacity: .........................................................................................................
2. Information on goods or passengers, transport
time, and transport route:
a) Type of goods or number of passengers:
......................................................
b) Transport time or number of transport routes:
................................................................
c) Transport route:
............................................................................................................
3. Explanation for purposes and reasons to request
the domestic maritime transport license
We guarantee to take full responsibility for the
authenticity of the records and the operation of the sea-going vessel in
Vietnam according to the law./.
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APPLYING
ORGANIZATION
(Signature, full name, and seal)
APPENDIX II
MODEL DOMESTIC MARITIME TRANSPORT LICENSE ISSUED BY THE
MINISTRY OF TRANSPORT OF VIETNAM
(Promulgated with Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of
the Minister of Transport of Vietnam)
MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
DOMESTIC MARITIME
TRANSPORT LICENSE
No.
.........../20…/GPVT
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1. Information on the vessel:
a) Vessel’s name:..............................;
Nationality:..........................................................
b) Year built:..................;
Type:...............................................................................
c) Call sign/IMO number:............; Deadweight
tonnage (DWT) .....................................
d) Total capacity: .........................................................................................................
2. Information on goods, transport time, and
transport route:
a) Goods type:
..............................................................................................................
b) Transport time: from date to date
c) Transport route:
.......................................................................................................
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3. Other information:
a) License issuance place and date:
..............................................................................
b) Vessel management and utilization unit (name,
address, phone
number):...................................................................................
c) Vessel’s owner (name, address, phone number):
......................................................
Minister
(Signature, full name, and seal)
APPENDIX III.
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VIETNAM MARITIME
ADMINISTRATION
PORT AUTHORITY..........
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
DOMESTIC MARITIME
TRANSPORT LICENSE
No.
.........../20…/GPVT
Director of the
Port Authority……. shall license foreign sea-going vessels with the following
fundamental information to provide domestic maritime transport services:
1. Information on the vessel:
a) Vessel’s name:.....................;
Nationality:.....................................................................
b) Year built:..................;
Type:...............................................................................
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d) Total capacity:
.........................................................................................................
2. Information on passengers, transport time, and
transport route:
a) Number of passengers:
......................................................
b) Transport time:
....................................................................
c) Transport route:
............................................................................................................
3. Other information:
a) License issuance place and date:
.................................................................................
b) Vessel management and utilization unit (name,
address, phone number):...................................................................................
c) Vessel’s owner (name, address, phone number):
.........................................................
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DIRECTOR
(Signature, full name, and seal)
[1] Circular No.
08/2022/TT-BGTVT on amendments to Circulars on maritime business operations,
with bases for promulgation as follows:
“Pursuant to the Vietnam Maritime Code
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 Decree No. 12/2017/ND-CP dated
February 10, 2017 of the Government of Vietnam on functions, tasks,
entitlements, and organizational structure of the Ministry of Transport of
Vietnam;
At the request of the Director of the Department
of Transport of Vietnam and the Director of the Vietnam Maritime
Administration;
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[2] This Clause is amended according
to Clause 1 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[3] This Clause is amended according
to Point a Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[4] This Clause is amended according to
Point b Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[5] This Clause is amended according
to Point c Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[6] This Clause is amended according
to Point a Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[7] This Clause is amended according
to Point b Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[8] This Clause is amended according
to Point c Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[9] This Clause is amended according
to Clause 4 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[10] This Clause is amended according
to Point a Clause 5 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
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[12] This Clause is amended according
to Point c Clause 5 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to
Circulars on maritime business operations, which comes into force as of June
16, 2022.
[13] Article 3 and
Article 4 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on
maritime business operations, which come into force as of June 16, 2022, are as
follows:
“Article 3. Entry into
force
1. This Circular
comes into force as of June 16, 2022.
2. Circular
No. 48/2018/TT-BGTVT dated August 31, 2018 of the Minister of Transport of
Vietnam on amendments to Circular No. 50/2016/TT-BGTVT dated December 30, 2016
of the Minister of Transport of Vietnam on procedures for licensing a foreign
sea-going vessel is annulled.
Article 4. Implementation
Chief of the Ministry Office, Chief Inspector of
the Ministry, Directors of Departments affiliated to the Ministry, Director of
the Vietnam Maritime Administration, Director of the Vietnam Inland Waterways
Administration, Director of the Vietnam Register, Directors of Departments of
Transport of provinces and centrally affiliates cities, and Directors of
relevant agencies, units, organizations, and individuals shall be
responsible.”.