CIRCULAR
Prescribing procedures for grant of domestic shipping licenses to foreign seagoing ships
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Pursuant to the 2015 Vietnam Maritime Code;
Pursuant to the Government’s Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Transport Department and the Director of the Vietnam Maritime Administration;
The Minister of Transport promulgates the Circular prescribing procedures for grant of domestic shipping licenses to foreign seagoing ships.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular prescribes procedures for grant of domestic shipping licenses.
Article 2. Subjects of application
This Circular applies to Vietnamese and foreign organizations and individuals related to foreign seagoing ships engaged in domestic shipping.
Article 3. Interpretation of terms
1. Foreign seagoing ship means a seagoing ship registered to fly a foreign state flag.
2. Domestic shipping means the transportation of cargo, passengers and luggage by seagoing ship between places of embarkation and disembarkation in Vietnam’s sea areas.
Article 4. Competence to grant domestic shipping licenses
1. The Minister of Transport shall grant domestic shipping licenses in the following cases:
a/ Transportation of extra-large or extra-heavy cargo or cargo of other types by special-use seagoing ship; release of cargo, passengers and luggage congested at ports due to the insufficient capacity of Vietnamese seagoing ships;
b/ Prevention and control of natural disasters or epidemics or rendering of urgent humanitarian relief.
2. Directors of Maritime Administrations shall grant domestic shipping licenses to foreign seagoing ships being tourist ships for transporting passengers and luggage ashore and vice versa by their transshipment vessels.
Article 5. Validity duration of domestic shipping licenses
1. Domestic shipping licenses with a validity duration of 1 (one) year shall be granted to:
a/ Seagoing ships serving 1 (one) manufacturing establishment;
b/ Seagoing ships of types which the Vietnamese seagoing fleet does not have.
2. Domestic shipping licenses with a validity duration of 6 (six) months shall be granted to seagoing ships other than those specified in Clause 1 of this Article.
3. In case an enterprise proposes a specific period for a foreign seagoing ship to engage in domestic shipping, the validity duration of the domestic shipping license granted to such foreign seagoing ship will be as proposed but must not exceed 1 (one) year, for the case specified in Clause 1 of this Article, or 6 (six) months, for the case specified in Clause 2 of this Article.
4. Domestic shipping licenses which are valid for each trip shall be granted to foreign seagoing ships being tourist ships for transporting passengers and luggage ashore and vice versa.
Chapter II
PROCEDURES FOR GRANT AND REVOCATION OF DOMESTIC SHIPPING LICENSES TO/FROM FOREIGN SEAGOING SHIPS
Section 1
TRANSPORTATION OF OVERSIZE OR OVERWEIGHT CARGO OR CARGO OF OTHER TYPES BY SPECIAL-USE SEAGOING SHIPS; RELEASE OF CARGO, PASSENGERS AND LUGGAGE CONGESTED AT PORTS
Article 6. Dossiers of application for domestic shipping licenses
A dossier of application for a domestic shipping license must comprise:
1. An application for a domestic shipping license, made according to the form in Appendix I to this Circular;
2. 1 (one) copy of the seagoing ship registration certificate.
3. 1 (one) set of the seagoing ship’s conformity-testing registration dossier, including copies of technical safety and environmental protection certificates granted to the seagoing ship under the Minister of Transport’s Circular No. 41/2016/TT-BGTVT of December 16, 2016, providing the list of certificates and documents of seagoing ships, public-duty seagoing ships, submarines, submersibles, floating storage and offloading units and mobile offshore units.
4. 1 (one) notarized copy of the shipping agency contract or 1 (one) certified copy of the foreign shipowner’s agent appointment letter (in case the applicant is an agent representing a foreign shipowner) or 1 (one) notarized copy of the ship charter contract between the foreign shipowner and the Vietnamese legal person.
Article 7. Order of receiving and processing dossiers and granting domestic shipping licenses
1. A shipowner, shipowner’s agent or Vietnamese legal person chartering a ship from a foreign shipowner shall directly submit, send by post or another appropriate way 1 (one) set of the dossier prescribed in Article 6 of this Circular to the Vietnam Maritime Administration.
2. The Vietnam Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or supplemented contents (if any). In case the dossier is sent by post, if finding that it is incomplete, within 2 (two) working days after receiving it, the Vietnam Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents.
3. Within 7 (seven) working days after receiving a complete dossier of application for a domestic shipping license, the Vietnam Maritime Administration shall appraise the dossier and at the same time, publish relevant information on its portal to seek public opinions, then make an appraisal report and submit it to the Ministry of Transport for consideration and decision.
4. Within 3 (three) working days after receiving an appraisal dossier from the Vietnam Maritime Administration, the Ministry of Transport shall consider and grant a domestic shipping license according to the form in Appendix II to this Circular. In case of refusal to grant a license, it shall issue a written reply clearly stating the reason.
Section 2
PREVENTION AND CONTROL OF NATURAL DISASTERS OR EPIDEMICS OR RENDERING OF URGENT HUMANITARIAN RELIEF
Article 8. Dossiers of application for domestic shipping licenses
A dossier of application for a domestic shipping license must comprise:
1. A competent state agency’s official letter requesting permission for a foreign seagoing ship to engage in domestic shipping.
2. 1 (one) copy of the seagoing ship registration certificate.
3. One set of the seagoing ship’s conformity testing registration dossier, including copies of technical safety and environmental protection certificates granted to the seagoing ship under the Minister of Transport’s Circular No. 41/2016/TT-BGTVT of December 16, 2016, providing the list of certificates and documents of seagoing ships, public-duty seagoing ships, submarines, submersibles, floating storage and offloading units and offshore mobile units.
Article 9. Order of receiving and processing dossiers and granting domestic shipping licenses
1. A shipowner or shipowner agent shall directly submit, send by post or another appropriate way 1 (one) set of the dossier prescribed in Article 8 of this Circular to the Vietnam Maritime Administration.
2. The Vietnam Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or -supplemented contents (if any). In case the dossier is sent by post, if it is incomplete, within 1 (one) working days after receiving it, the Vietnam Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents.
3. Within 2 (two) working days after receiving a complete dossier, the Vietnam Maritime Administration shall appraise the dossier, make an appraisal report and send it to the Ministry of Transport for consideration and decision.
4. Within 1 (one) working day after receiving an appraisal dossier from the Vietnam Maritime Administration, the Ministry of Transport shall consider and grant a domestic shipping license according to the form in Appendix II to this Circular. In case of refusal to grant a license, it shall issue a written reply clearly stating the reason.
5. The Ministry of Transport shall notify the result by post or another appropriate way to the shipowner or shipowner agent and at the same time send a copy of the notification to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance and the Vietnam Maritime Administration for coordinated management and monitoring.
Section 3
TRANSPORTATION OF PASSENGERS AND LUGGAGE FROM TOURIST SHIPS ASHORE AND VICE VERSA
Article 10. Dossiers of application for domestic shipping licenses
A dossier of application for a domestic shipping license must comprise:
1. An application made according to the form in Appendix I to this Circular.
2. 1 (one) copy of the seagoing ship registration certificate.
3. 1 (one) set of the seagoing ship’s conformity testing registration dossier, including copies of technical safety and environmental protection certificates granted to the seagoing ship under the Minister of Transport’s Circular No. 41/2016/TT-BGTVT of December 16, 2016, providing the list of certificates and documents of seagoing ships, public-duty seagoing ships, submarines, submersibles, floating storage and offloading units and offshore mobile units.
4. 1 (one) notarized copy of the shipping agency contract or 1 (one) certified copy of the foreign shipowner’s agent appointment letter (in case the applicant is an agent representing a foreign shipowner).
5. A detailed plan on transportation of passengers and luggage from tourist ships ashore and vice versa.
Article 11. Order of receiving and processing dossiers and granting domestic shipping licenses
1. A shipowner or shipowner agent shall directly submit, send by post or another appropriate way 1 (one) set of the dossier prescribed in Article 10 of this Circular to the Maritime Administration in charge of the area where the tourist ship anchors.
2. The Maritime Administration shall receive and check the dossier. In case the dossier is submitted directly, the officer receiving the dossier shall check and notify the submitter to-be-amended or -supplemented contents (if any). In case the dossier is sent by post, if finding that it is incomplete, within 1 (one) working days after receiving it, the Maritime Administration shall notify the applicant of to-be-amended or -supplemented contents.
3. Within 1 (one) working day after receiving a complete dossier of application, the Maritime Administration shall appraise the dossier and grant a domestic shipping license according to the form in Appendix II to this Circular. In case of refusal to grant a license, it shall issue a written reply clearly stating the reason.
4. The Maritime Administration shall send by post or another appropriate way the result to the shipowner or shipowner agent and at the same time make and send a copy of the notification to the Vietnam Maritime Administration for reporting.
Section 4
REVOCATION OF DOMESTIC SHIPPING LICENSES
Article 12. Cases subject to revocation of domestic shipping licenses
A domestic shipping license shall be revoked in the following cases:
1. The seagoing ship no longer meets the conditions for transportation of cargo, passengers and luggage in accordance with law.
2. The transportation of cargo, passengers and luggage does not conform to contents of the granted domestic shipping license.
3. Information relating to the seagoing ship, transport route, cargo, passengers and luggage has been forged, erased or deliberately falsified.
Article 13. Agencies revoking domestic shipping licenses
1. The Minister of Transport shall revoke domestic shipping licenses prescribed in Clause 1, Article 4 of this Circular.
2. Directors of Maritime Administrations shall revoke domestic shipping licenses prescribed in Clause 2, Article 4 of this Circular.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 14. Responsibilities of related organizations and individuals
1. Responsibilities of organizations and individuals possessing licenses for seagoing ships to engage in domestic shipping:
a/ To organize domestic shipping in accordance with contents of their domestic shipping licenses;
b/ To keep domestic shipping licenses on board their seagoing ships and produce them to Maritime Administrations and related agencies when carrying out arrival and departure procedures for the ships;
c/ To refrain from erasing or tampering with their domestic shipping licenses;
d/ To refrain from using fake domestic shipping licenses;
dd/ To refrain from committing other fraudulent acts in order to be granted domestic shipping licenses.
2. Responsibilities of the Vietnam Maritime Administration:
a/ To receive and process dossiers according to the order prescribed in this Circular and take responsibility for relevant contents during the process of dossier appraisal;
b/ To examine, inspect and appraise the grant of domestic shipping licenses according to regulations;
c/ To direct Maritime Administrations to examine, inspect and supervise so as to timely detect violations in domestic shipping operations of foreign seagoing ships;
d/ Annually, to make and post on its portal the list of foreign seagoing ships engaging in domestic shipping;
dd/ To act as the focal point in receiving information and reports on foreign seagoing ships engaging in domestic shipping. To handle according to its competence or report to competent authorities for handling violations of this Circular and Vietnam’s law.
e/ To sum up information and statistical data concerning cargo, passengers and luggage transported by seagoing ships and grant of domestic shipping licenses to foreign seagoing ships for reporting to the Ministry of Transport before December 25 every year.
3. Responsibilities of Maritime Administrations:
a/ To grant domestic shipping licenses for foreign seagoing ships being tourist ships to transport passengers and luggage ashore and vice versa;
b/ To conduct examination, inspection and supervision so as to timely detect violations in domestic shipping operations of foreign seagoing ships.
Article 15. Effect
1. This Circular takes effect on July 1, 2017, and replaces the Minister of Transport’s Circular No. 04/2012/TT-BGTVT of February 29, 2012, providing the grant of licenses for foreign seagoing ships to engage in domestic shipping.
2. In case a document referred to in this Circular is amended or supplemented, the amending or supplementing document shall be applied.
Article 16. Organization of implementation
1. The Vietnam Maritime Administration and Maritime Administrations shall organize the implementation of this Circular.
2. The Director of the Ministry’s Office, the Chief Inspector, directors of departments, the Director of the Vietnam Maritime Administration, heads of related agencies and organizations, and related individuals shall implement this Circular./.