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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
57/2001/ND-CP
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Hanoi, August 24, 2001
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DECREE
ON THE
SEA-SHIPPING BUSINESS CONDITIONS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant to the November 12, 1996 Law on Foreign Investment and the June 9,
2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign
Investment in Vietnam;
Pursuant to the April 20, 1995 State Enterprise Law;
Pursuant to the June 12, 1999 Enterprise Law;
Pursuant to the March 20, 1996 Cooperative Law;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope and
objects of application
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2. Enterprises governed by this Decree include
State enterprises; limited liability companies, joint-stock companies,
partnerships, private companies, cooperatives and foreign-invested enterprises
in the form of joint-venture.
Article 2.- Law application
1. Sea-shipping business activities in Vietnam must comply with the provisions of this Decree and other relevant legal documents of Vietnam as well as international agreements which Vietnam has signed or acceded to.
2. Where an international agreement which the
Socialist Republic of Vietnam has signed or acceded to contains different
provisions, the provisions of such international agreement shall apply.
3. For cases which have not yet been provided
for by Vietnamese laws and international agreements, the involved parties may
agree on the application of international practices thereto.
Article 3.- Interpretation
of terms
In this Decree, the following phrases are
construed as follows:
1. "Sea-shipping business" means the
exploitation of sea-going ships by enterprises to transport goods, passengers
and luggage along sea-shipping routes.
2. "Vietnamese ship owners" mean
owners or hirers of sea-going ships which have been registered in Vietnam’s national sea-going ship registration book.
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4. "Overseas routes" mean maritime
routes linking Vietnamese seaports with one or several foreign seaports and
vice versa.
Article 4.- Freight rates
Shipping freight rates shall be agreed upon by
the involved parties, except for cases otherwise provided for by law.
Chapter II
SEA-SHIPPING BUSINESS CONDITIONS
Article 5.- Conditions for
enterprises
Sea-shipping business enterprises must meet all
the following conditions:
1. Being Vietnamese ship owners.
2. Having signed written labor contracts with
crew members and arranged adequate complement of each ship according to the
regulations of the Minister of Communications and Transport.
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4. Having registered forms of shipping documents
at Vietnam Maritime Bureau, if the enterprises use one or several papers
referred to as shipping documents under Clause 3, Article 3 of this Decree.
5. For cases of transportation on overseas
routes, apart from the conditions mentioned in Clauses 1, 2 and 3 of this
Article, the enterprises must have a "compatibility certificate"
issued by Vietnam Registry Department according to the regulations of the
Minister of Communications and Transport on the basis of the International
Safety Management Code promulgated by the International Maritime Organization.
6. Sea-going ships must have all the following
papers:
a/ A sea-going ship registration certificate,
issued by Vietnam Maritime Bureau;
b/ Technical safety certificates and oil and
bilge pollution prevention certificates, issued by Vietnam Registry or a
foreign registry office authorized by Vietnam Registry;
c/ A permit for use of the ship’s radio as
prescribed;
d/ For transportation on overseas routes, apart
from the conditions mentioned at Points a, b and c, Clause 6 of this Article,
sea-going ships must have "safety management certificates" issued by
Vietnam Registry Department according to the regulations of the Minister of
Communications and Transport on the basis of the International Safety
Management Code promulgated by the International Maritime Organization.
7. Officers and crew members working on
Vietnamese sea-going ships must possess all the following qualification
certificates suited to their titles according to the regulations of the
Minister of Communications and Transport:
a/ A professional qualification certificate;
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c/ A professional training certificate;
d/ A special training certificate.
Article 6.- Other
conditions
In the course of conducting sea-shipping
business activities, besides complying with the conditions prescribed in
Article 5 of this Decree, the enterprises shall, when transporting goods which
require permits, transport these goods only after they obtain such permits.
Chapter III
SUPERVISION, INSPECTION, COMPLAINT, DENUNCIATION AND
HANDLING OF VIOLATIONS
Article 7.- Supervision and
inspection of sea-shipping business activities
1. The Minister of Communications and Transport
shall be responsible for organizing the inspection and supervision of
sea-shipping business activities and handle violations according to the
provisions of law.
2. The supervision and inspection contents cover
the observance of the law provisions on sea-shipping business and the
compliance with registrations committed with the competent State bodies.
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Enterprises may lodge complaints and
denunciations or initiate lawsuits at courts against State bodies or
individuals acts of violating their rights according to law provisions.
Article 9.- Handling of
violations
Organizations and individuals that violate the
provisions of this Decree shall, depending on the nature and seriousness of
their violations, be disciplined, administratively sanctioned or examined for
penal liability; if causing damage, they shall have to pay compensations
therefor according to law provisions.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 10.- Implementation
effect
1. This Decree takes effect 15 days after its
signing.
2. To repeal the provisions on ocean shipping at
Point d, Clause 1 and Point e, Clause 2, Article 13 of the Government’s Decree
No. 16/CP of February 21, 1997 on the transformation and registration of
cooperatives and the operation organization of the Unions of Cooperatives.
Article 11.- Transition
provisions
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2. Enterprises currently engaged in sea-shipping
business which fail to meet all the conditions prescribed in this Decree must
satisfy all the prescribed conditions within 90 days after this Decree takes
effect.
Article 12.-
Implementation provision
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities as well as concerned organizations and individuals shall
have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai