Thông tư 04/2012/TT-BGTVT

CIRCULAR

PROVIDING THE LICENSING PROCEDURES FOR INLAND TRANSPORT OF FOREIGN SEAGOING SHIPS

Pursuant to the 2005 Vietnam Maritime Code;

Pursuant to the Government's Decree No.51/2008/ND-CP of April 28, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

The Minister of Transport provides the licensing procedures for inland transport of foreign seagoing ships as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for cases allowing inland transport of foreign seagoing ships, procedures for granting the license of inland transport and responsibilities of relevant organizations and individuals.

Article 2. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals relating to procedures for grant or revocation of inland transport licenses.

Article 3. Interpretation of terms

1. Vietnamese seagoing ship means a ship registered in the Vietnam National Register of Ships or from as obtaining a temporary permit for flying the Vietnamese flag by a foreign-based Vietnamese diplomatic mission or consulate.

2. Foreign seagoing ship means a ship which flies a foreign flag.

3. Inland transport means transport of cargo, passengers and luggage by seagoing ship and locations of delivery and receipt within the sea area or internal water of Vietnam.

4. Cargo includes machinery, equipment, materials, fuels, consumer goods and other movable properties, including live animals, containers or similar tools supplied by the consignor for package with respect to carried goods under contracts on goods transport by sea.

5. Inland transport license means a license for inland transport of foreign seagoing ship granted by the Minister of Transport or the director of a provincial Maritime Administration.

Article 4. Cases licensed for inland transport of foreign seagoing ships

1. The Minister of Transport shall grant an inland transport license, made according to the form specified in Appendix I attached to this Circular, when Vietnamese seagoing ships are incapable for carriage in the following cases:

a/ Carrying extra-long and extra-heavy cargo or other kinds of cargo by special-use seagoing ships;

b/ For preventing, remedying the consequences of natural disasters or epidemics or emergency humane relief;

c/ Releasing cargo, passengers and luggage stuck at seaports.

2. When Vietnamese seagoing ships are incapable to transport, the director of a provincial Maritime Administration shall grant an inland transport license for foreign seagoing ships to transport inland passengers and luggage from tourist ships enter mainland and vice versa, which is made according to the form specified in Appendix II attached to this Circular.

Chapter II

LICENSING PROCEDURES FOR INLAND TRANSPORT OF FOREIGN SEAGOING SHIPS

Article 5. Dossiers of application for inland transport of foreign seagoing ships

1. For the cases specified in Clause 1, Article 4 of this Circular: The foreign ship owner or its representative agent shall submit 01 (one) set of dossier directly or by postal system to the Vietnam Maritime Administration. A dossier includes:

a/ An application, made according to the form specified in Appendix III attached to this Circular;

b/ 01 (one) copy of the seagoing ship registration certificate;

c/ 01 (one) set of seagoing ship registering dossier, including certificates of seagoing ship technical safety (copies);

d/ 01 (one) notarized copy of the shipping agency contract or 1 (one) certified copy of the written appointing the agent as representative of foreign ship owner (in case the applicant is an agent as representative of foreign ship owner).

2. For the cases specified in Clause 2, Article 4 of this Circular: The foreign ship owner or its representative agent shall file 1 (one) set of dossier directly or by postal system to the provincial Maritime Administration at the zone where the tourist ship is mooring.

A dossier includes the papers specified at Point a, Point d, Clause 1 of this Article, and a detailed project to transport passengers and luggage from the tourist passenger ship enter mainland and vice versa.

Article 6. Order of receiving and handling dossiers and granting inland transport licenses

1. For the cases specified in Clause 1, Article 4 of this Circular:

a/ The Vietnam Maritime Administration shall receive and examine dossiers. If a dossier is incomplete as prescribed, it shall guide organization, individual to complete it; if the dossier is received by postal system, it must guide in writing within 2 (two) working days;

b/ Within 3 (three) working days after receiving a complete dossier as prescribed, the Vietnam Maritime Administration shall appraise the dossier, make an appraisal report under provisions in Clause 1, Article 4 of this Circular, and send with enclosed dossier to submit to the Ministry of Transport for consideration and decision;

c/ Within 03 (three) working days after receiving an appraisal dossier of the Vietnam Maritime Administration, an agency assigned to review shall consult and submit to the Minister of Transport to consider and grant an inland transport license. In case of refusal, it must have a written reply clearly stating the reason therefore.

d/ The Ministry of Transport shall notify licensing results by postal system to ship owners or their agents; and make copies and send them to the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Vietnam Maritime Administra­tion for coordinated management and overseeing.

2. For the cases specified in Clause 2, Article 4 of this Circular:

a/ The provincial Maritime Administrations shall receive and examine dossiers. In case a dossier has not been complete as prescribed, the provincial Maritime Administra­tion shall guide the applicant to complete it; if the dossier is received by postal system, it must have written guidance within 01 (one) working day.

b/ Within 03 (three) working days after receiving a complete dossier as prescribed, the provincial Maritime Administration shall appraise and grant an inland transport license. In case of refusal, it must have a written reply clearly stating the reason therefore;

c/ The provincial Maritime Administra­tions shall notify licensing results directly or by postal system to ship owners or their agents; and make copies and send them to the Vietnam Maritime Administration for report.

Article 7. Time limit of inland transport licenses

1. Time limit of an inland transport license is no more than 01 (one) year, applied to seagoing ships that serve a goods manufacture establishment or seagoing ships that have not yet been available in Vietnam;

2. Time limit of an inland transport license is no more than 06 (six) months, applied to seagoing ships other than that specified in Clause 1 of this Article.

3. Time limit of inland transport licenses being based each voyage is applied to seagoing ships transporting passengers and luggage from tourist ships to enter into mainland and vice versa.

Article 8. Withdrawal of inland transport licenses

1. An inland transport license is withdrawn in the following cases:

a/ The seagoing ship fails to satisfy conditions on carriage of cargo, passengers and luggage under provisions of law;

b/ The seagoing ship transports cargo, passengers and luggage with wrong purpose or not comply with right content stated in its inland transport license;

c/ Information relating to the seagoing ship, transport voyage, cargo, passengers or luggage has been forged, erased or deliberately falsified.

2. Inland transport license revoking authorities:

The Minister of Transport or directors of provincial Maritime Administrations may withdraw inland transport licenses with respect to cases specified in Clause 1 of this Article.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9. Responsibilities of concerned organizations and individuals

1. Responsibilities of organizations and individuals possessing foreign seagoing ships participated in inland transport

a/ Presenting the inland transport license to the provincial Maritime Administrations and concerned agencies at seaports when making procedures for entry and exit of the seagoing ship;

b/ Performing inland transport according to the content of inland transport license

2. Responsibilities of agencies receiving and processing dossier

a/ Receiving and processing dossiers according to the order of, procedures for and periods as prescribed in this Circular;

b/ Being responsible for all concerned contents during course of dossier appraisal;

c/ Summarizing information and statistical data relating to freights, cargo, passengers, luggage and foreign or Vietnamese seagoing ships; reporting to the Ministry of Transport on the 25 of March, June, September and December annually;

d/ Refusing to receive and process dossiers of organizations, individuals violating Clause 1, Article 8 of this Circular

3. Responsibilities of the Vietnam Maritime Administration

a/ Directing provincial Maritime Administrations in examination and inspection to promptly detect violations relating to foreign seagoing ships participated in inland transport;

b/ Monthly, making statistics and posting on the website of Vietnam Maritime Administration the list of foreign seagoing ships participated in inland transport;

c/ Being the focal point for receiving the reflected information relating to inland transport of foreign seagoing ships. Handling under its competence or reporting to competent authorities for handling cases breaching this Circular and Vietnamese law;

d/ Annually, reporting to the Ministry of Transport on the result of licensing for inland transport of foreign seagoing ships.

Article 10. Effect

1. This Circular takes effect after 45 days from the date of signing.

2. Promulgating together with this Circular the 3 appendices, as follows:

a/ Appendix I: Form of inland transport license granted by the Ministry of Transport;

b/ Appendix II: Form of inland transport license granted by the provincial Maritime Administrations;

c/ Appendix III: Form of request application.

Article 11. Organization of implementation

The chief of the Ministry's office, the chief inspector of the Ministry, directors of the Departments, the director of Vietnam Maritime Administration, heads of agencies and relevant organizations and individuals shall implement this Circular.