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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