THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 110/2014/ND-CP
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Hanoi, November
20, 2014
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DECREE
ON CONDITIONS FOR INLAND WATERWAY TRANSPORTATION BUSINESS
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;
Pursuant to the November 29,
2005 Law on Enterprises;
Pursuant to the November 20,
2012 Law on Cooperatives;
Pursuant to the June 14,
2005 Law on Tourism;
At the proposal of the
Minister of Transport,
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Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Decree provides conditions
for inland waterway transportation business, including passenger transportation
business and cargo transportation business.
Article 2.
Subjects of application
This Decree applies to
organizations and individuals involved in the business of inland waterway
transportation by inland waterway vessels (below referred to as vessels).
This Decree does not apply to
organizations and individuals involved in inland waterway passenger
transportation business within tourist resorts.
Article 3.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
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2. Inland waterway
transportation business means activities of transportation business units that
use vessels to transport passengers or cargoes and collect transportation
charges.
3. Fixed inland waterway
transportation route means a route approved or announced by a competent agency,
starting at the port or landing stage of departure and ending at the port or
landing stage of destination.
Article 4.
Forms of inland waterway transportation business
Inland waterway transportation
business may take the following forms:
1. Passenger transportation
business along fixed routes.
2. Passenger transportation
business under voyage contracts.
3. Tourist transportation
business.
4. Cross-river passenger
transportation business.
5. Cargo transportation
business.
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CONDITIONS FOR
CONDUCTING INLAND WATERWAY TRANSPORTATION BUSINESS
Article 5.
General conditions
An inland waterway transportation
business unit must fully meet the following conditions:
1. Having registered the inland
waterway transportation business.
2. Vessels ensure technical
safety and environmental protection under regulations and be suitable to
business forms and plans.
3. Crewmen have professional
diplomas or certificates under regulations. Crewmen fully meet health
conditions under regulations of the Ministry of Health.
4. Crewmen and attendants have
signed written labor contracts with the transportation business unit made
according to the form issued by the Ministry of Labor, War Invalids and Social
Affairs (except those who are owners of business households or parents, spouses
or children of owners of business households).
5. Buying vessel owner’s civil
liability insurance for passengers and third parties.
Article 6.
Conditions for conducting passenger transportation
business along fixed routes
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1. Meeting the conditions
specified in Article 5 of this Decree.
2. Having a document on routes
and route operation plan approved by the competent agency with which the
business unit has registered the business of inland waterway passenger
transportation along fixed routes. The Ministry of Transport shall guide
procedures for registration of routes of inland waterway passenger
transportation along fixed routes.
3. Attendants on vessels have
been trained in professional skills and the law on transportation activities
under regulations of the Ministry of Transport.
4. The transportation operator
has an intermediate or higher professional qualification in transportation or a
college or higher professional qualification in another economic or technical
discipline.
5. Having anchorages for
vessels in conformity with the route operation plan and ensuring navigation
safety, fire and explosion prevention and fighting and environmental protection
under regulations.
6. Vessels are fitted with
Automatic Identification System (AIS) equipment when operating along routes
from the coast to islands or between islands.
7. Having a division to manage
and monitor the navigation safety conditions.
Article 7.
Conditions for conducting passenger transportation
business under voyage contracts
A unit conducting the business
of passenger transportation under voyage contracts must meet the following
conditions:
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2. Having contracts with
transportation hirers.
3. Attendants on vessels have
been trained in professional skills and the law on transportation activities
under regulations of the Ministry of Transport.
4. The transport operator has
an intermediate or higher professional qualification in transport or a college
or higher professional qualification in another economic or technical
discipline.
5. Vessels are fitted with
Automatic Identification System (AIS) equipment when operating along routes
from the coast to islands or between islands.
6. Having a division to manage
and monitor the navigation safety conditions.
Article 8.
Conditions for conducting tourist transportation
business
A unit conducting the business
of tourist transportation must meet the following conditions:
1. Meeting the conditions
specified in Article 7 of this Decree.
2. Every vessel is attached
with a sign plate for tourist transportation under regulations of the Ministry
of Transport.
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Article 9.
Conditions for conducting cross-river passenger
transportation business
A unit conducting the business
of cross-river passenger transportation must meet the following conditions:
1. Having obtained approval for
cross-river passenger transportation from a competent agency under regulations.
The Ministry of Transport shall guide procedures for approval of cross-river
passenger transportation.
2. Embarking and disembarking
passengers at landing stages that have operation licenses granted by competent
agencies.
3. Vessels ensure technical
safety and environmental protection.
4. Crewmen and steersmen
possess professional certificates.
Article
10. Conditions for conducting cargo
transportation business.
A unit conducting the business
of cargo transportation must meet the following conditions:
1. Meeting the conditions
specified in Article 5 of this Decree.
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Chapter
III
RESPONSIBILITIES FOR
ORGANIZATION OF IMPLEMENTATION
Article
11. The Ministry of Transport
1. To uniformly manage inland
waterway transportation business activities prescribed in this Decree.
2. To direct, guide and
organize the implementation of this Decree.
3. To inspect, examine and
handle violations in the implementation of regulations on inland waterway
transportation business and its conditions under this Decree and other relevant
laws.
4. To guide procedures for the
approval of inland waterway transportation; conditions for a division to manage
and monitor the navigation safety conditions; installation, management and use
of Automatic Identification System equipment; and provide training in
professional and technical skills of inland waterway transportation activities.
Article
12. The Ministry of Public Security
To assume the prime
responsibility for, or coordinate with the Ministry of Transport in, inspecting
inland waterway transportation business activities and handling violations
under regulations.
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To coordinate with the Ministry
of Transport in guiding units that conduct the business of tourist
transportation by inland waterway vessels to implement this Decree and other
relevant laws.
Article
14. The Ministry of Information and
Communications
To assume the prime
responsibility for, and coordinate with the Ministry of Transport in, guiding
the management of use of radio frequency, information infrastructure and other
information and communication equipment used in the management and operation of
inland waterway transportation business; and issue national technical
regulations on Automatic Identification System equipment.
Article
15. The Ministry of Health
To issue regulations on health
criteria, health examination and health establishments eligible to conduct
medical checkups for crewmen and steersmen.
Article
16. The Ministry of Labor, War Invalids
and Social Affairs
1. To assume the prime
responsibility for, and coordinate with the Ministry of Transport in, guiding
the implementation of regulations on labor contract, social insurance, health
insurance and other benefits of employees in inland waterway transportation
business activities.
2. To coordinate with the
Ministry of Transport in guiding the implementation of regulations on benefits
and policies applicable to people with disabilities, the elderly and policy
beneficiaries when using inland waterway transportation services.
Article
17. Provincial-level People’s Committees
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2. To manage inland waterway
transportation business activities prescribed in this Decree and other relevant
laws.
3. To inspect, examine and
handle violations in the implementation of regulations on inland waterway
transportation business and its conditions under this Decree and other relevant
laws.
Article
18. Provisions on inspection of business
conditions of transportation business units
1. Transportation business
units are subject to the inspection by competent agencies of their compliance
with regulations on inland waterway transportation business and its conditions.
2. Form of inspection:
a/ Periodic inspection;
b/ Irregular inspection upon
occurrence of particularly serious navigation accidents, receipt of complaints,
denunciations or information about or detection of signs of non-compliance with
regulations on inland waterway transportation business and its conditions.
3. The Minister of Transport
and chairpersons of provincial-level People’s Committees shall direct
functional agencies to inspect the business eligibility of inland waterway
transportation business units.
Chapter IV
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Article 19. Transitional provisions
1. Business units conducting
the business of inland waterway transportation before the effective date of
this Decree may continue conducting their business.
2. From January 5, 2015,
through December 31, 2016, business units specified in Clause 1 of this Article
must fully meet the conditions prescribed in this Decree.
Article
20. Effect
This Decree takes effect on January
5, 2015; to annul Article 10 of the Government’s Decree No. 21/2005/ND-CP of
March 1, 2005, detailing a number of articles of the Law on Inland Waterway
Navigation.
Article
21. 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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