| MINISTRY OF TRANSPORT OF VIETNAM | SOCIALIST REPUBLIC OF VIETNAM |
| No. 29/VBHN-BGTVT | Hanoi, June 30, 2022 |
Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport of Vietnam on the procedure for licensing foreign sea-going vessels to provide domestic marine transport services, which came into force as of July 1, 2017, amended by:
Circular No. 08/2022/TT-BGTVT dated June 16, 2022 of the Minister of Transport of Vietnam on amendments to Circulars on business operations in maritime sector, which came into force as of June 16, 2022.
Pursuant to the Maritime Code of Vietnam 2015;
Pursuant to Decree No. 107/2012/ND-CP dated December 20, 2012 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Transport of Vietnam;
At the request of the Director of the Transportation Department and the Director of Vietnam Maritime Administration;
The Minister of Transport of Vietnam hereby promulgates the Circular on the procedure for licensing foreign sea-going vessels to provide domestic marine transport services.[1]
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This Circular provides for regulations on the procedure for granting a license of domestic marine transport.
This Circular applies to Vietnamese and foreign organizations and individuals related to foreign sea-going vessels that provide domestic marine transport services.
Article 3. Interpretation of terms
1. Foreign sea-going vessel means a registered maritime ship that sails under the flag of a foreign country.
2. Domestic maritime transport refers to the transference of cargo, passengers, and luggage by sea from a site of embarkation to a site of disembarkation in the territorial waters of Vietnam.
Article 4. Competency in granting a license of domestic maritime transport
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a) Transportation of oversize loads or other types of cargo on specialized sea-going vessels; clearance of cargo, passengers and luggage in congestion at a port due to Vietnamese sea-going vessels' incapacity to provide transport;
b) Prevention of and recovery from natural disasters and epidemics, or humanitarian emergency aid.
2. Directors of the port authorities shall license a foreign sea-going vessel, which is a cruise ship, to transport its passengers and luggage ashore domestically at sea or vice versa via its conveyances.
Article 5. Term of a license of domestic maritime transport
1. A license of domestic maritime transport shall be valid for 1 year in the following circumstances:
a) The licensed sea-going vessel is of use to 1 product manufacturer;
b) The licensed vessel is not present in any Vietnamese fleets.
2. A license of domestic maritime transport granted to a sea-going vessel other than those prescribed in Clause 1 of this Article shall be valid for 6 months.
3. The term of a license of domestic maritime transport for a foreign sea-going vessel can be set as requested by the applicant; however, its term shall not exceed 1 year in the circumstances specified in Clause 1 of this Article or 6 months according to Clause 2 of this Article.
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Article 6. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:
1. The application form as prescribed in Appendix I promulgated with this Circular.
2. 1 copy of the certificate of sea-going vessel registration.
3. 1 set of sea-going vessel registry documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport of Vietnam on the list of certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals, and mobile platforms in Vietnam.
4.[2] 1 copy extracted from master register, or copy presented with its original for verification purposes, or electronic copy of equivalent legal effect, issued by a competent authority of one of the following documents: The agency contract or the appointment of agency to act on behalf of the foreign-flagged ship owner (in case an application is submitted by an agency representing the foreign-flagged ship owner) or the ship lease contract between the foreign-flagged ship owner and a Vietnamese juridical person.
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1.[3] The foreign-flagged ship owner, or his/her agency, or Vietnamese juridical person leasing the ship shall submit 1 application as prescribed in Article 6 of this Circular directly by hand or by post to Vietnam Maritime Administration or via the online public service system.
2.[4] Vietnam Maritime Administration shall receive and examine the application. In case the application is submitted directly by hand, the receiving official shall examine the application and notify the applicant of modifications (if required). In case the application submitted by post or via the online public service system is inadequate, within 2 working days from the receipt of the application, Vietnam Maritime Administration shall notify required modifications. In case the application is submitted via the online public service system, the notification shall be made in accordance with Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government of Vietnam and Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government of Vietnam.
3. Within 7 working days after receiving a complete application, Vietnam Maritime Administration shall appraise the documents, post information on the website of Vietnam Maritime Administration for public opinions and prepare and submit an appraisal report to the Ministry of Transport of Vietnam for finalization.
4. Within 3 working days after receiving the appraisal report from Vietnam Maritime Administration, the Ministry of Transport of Vietnam shall consider and approve the granting of the license of domestic maritime transport according to the form prescribed in Appendix II promulgated with this Circular. In case the application is rejected, the Ministry of Transport of Vietnam shall answer and explain in writing.
5.[5] The Ministry of Transport of Vietnam shall give the application processing result to the ship-owner or his/her agency by post or via the online public service system, and also provide the copies of the result for the Ministry of Public Security of Vietnam, Ministry of National Defence of Vietnam, Ministry of Finance of Vietnam, and Vietnam Maritime Administration for cooperation in management and monitoring.
Article 8. Application for a license of domestic maritime transport
An application for a license of domestic maritime transport includes:
1. The official dispatch of a competent state agency requesting the foreign vessel’s provision of domestic maritime transport.
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3. 1 set of sea-going vessel registry documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport of Vietnam on the list of certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals, and mobile platforms in Vietnam.
1.[6] The foreign-flagged ship owner or his/her agency shall submit 1 application as prescribed in Article 8 of this Circular directly by hand or by post to Vietnam Maritime Administration or via the online public service system.
2.[7] Vietnam Maritime Administration shall receive and examine the application. In case the application is submitted directly by hand, the receiving official shall examine the application and notify the applicant of modifications (if required). In case the application submitted by post or via the online public service system is inadequate, within 1 working day from the receipt of the application, Vietnam Maritime Administration shall notify required modifications. In case the application is submitted via the online public service system, the notification shall be made in accordance with Decree No. 61/2018/ND-CP dated April 23, 2018 of the Government of Vietnam and Decree No. 107/2021/ND-CP dated December 06, 2021 of the Government of Vietnam.
3. Within 2 working days after receiving the complete application, Vietnam Maritime Administration shall appraise the documents and make an appraisal report to the Ministry of Transport for final decision.
4. Within 1 working day after receiving the verification report from Vietnam Maritime Administration, the Ministry of Transport of Vietnam shall consider and approve the granting of the license of domestic maritime transport according to the form prescribed in Appendix II promulgated with this Circular. In case the application is rejected, the Ministry of Transport of Vietnam shall answer and explain in writing.
5.[8] The Ministry of Transport of Vietnam shall give the application processing result to the ship-owner or his/her agency by post or via the online public service system, and also provide the copies of the result for the Ministry of Public Security of Vietnam, Ministry of National Defence of Vietnam, Ministry of Finance of Vietnam, and Vietnam Maritime Administration for cooperation in management and monitoring.
Section 3. TRANSPORT OF PASSENGERS AND LUGGAGE FROM CRUISE SHIP TO LAND
Article 10. Application for a license of domestic maritime transport
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1. The application form as prescribed in Appendix I promulgated with this Circular.
2. 1 copy of the certificate of sea-going vessel registration.
3. 1 set of sea-going vessel registry documents, including the copies of the certificates of technical safety and environment protection for sea-going vessel as prescribed in Circular No. 41/2016/TT-BGTVT dated December 16, 2016 by the Minister of Transport of Vietnam on the list of certificates and papers for sea-going vessels, sea-going vessels on official duty, submarines, submersibles, floating terminals, and mobile platforms in Vietnam.
4.[9] 1 copy extracted from master register, or copy presented with its original for verification purposes, or electronic copy of equivalent legal effect, issued by a competent authority of one of the following documents: The agency contract or the appointment of agency to act on behalf of the foreign-flagged ship owner (in case an application is submitted by an agency representing the foreign-flagged ship owner).
5. The detailed plan for transporting passengers and luggage from the cruise ship to land and vice versa.
1.[10] The foreign-flagged ship owner, or his agency, shall submit 1 application as prescribed in Article 10 of this Circular directly by hand, or by post, or via the online public service system to the maritime administration in charge of the area where the cruise ship anchors.
2.[11] The Port Authority shall receive and examine the application. In case the application is submitted directly by hand, the receiving official shall examine the application and notify the applicant of modifications (if required). In case the application submitted by post or via the online public service system is inadequate, within 1 working day from the receipt of the application, the Port Authority shall notify required modifications. In case the application is submitted via the online public service system, the notification shall be made in accordance with the Government’s Decree No. 61/2018/ND-CP dated April 23, 2018 and the Government’s Decree No. 107/2021/ND-CP dated December 06, 2021.
3. Within 1 working day after receiving the complete application, the Port Authority shall appraise documents and grant the license of domestic maritime transport as specified in Appendix III promulgated with this Circular. In case the application is rejected, the Port Authority shall answer and explain in writing.
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Section 4. REVOCATION OF DOMESTIC MARITIME TRANSPORT LICENSES
Article 12. Cases of revocation of domestic maritime transport licenses
Domestic maritime transport licenses are revoked in the following cases:
1. The sea-going vessel no longer qualifies for transporting cargo, passengers and luggage as prescribed by law.
2. The cargo, passengers and luggage transported are contrary to those specified in the license of domestic maritime transport.
3. The information on the sea-going vessel, transport route, cargo, passengers, and luggage is forged, altered, or made deliberately misleading.
Article 13. Domestic maritime transport license revocation agencies
1. The Minister of Transport of Vietnam shall revoke domestic maritime transport licenses as prescribed in Clause 1 Article 4 of this Circular.
2. Directors of the port authorities shall revoke domestic maritime transport licenses as prescribed in Clause 2 Article 4 of this Circular.
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Article 14. Responsibilities of relevant organizations and individuals
1. Organizations and individuals that have foreign sea-going vessels providing domestic maritime transport service shall:
a) Provide domestic maritime transport service according to the license of domestic maritime transport;
b) Store the license of domestic maritime transport on the sea-going vessel to present it to the port authority and relevant bodies at a port while performing procedures for the vessel's entry or departure at the port;
c) Comply with regulations against fraudulent alteration of the content of the license of domestic maritime transport;
d) Comply with regulations against the use of a false license of domestic maritime transport;
dd) Comply with regulations against other fraudulent acts to obtain a license of domestic maritime transport.
2. The Vietnam Maritime Administration shall:
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b) Inspect and verify information to grant licenses of domestic maritime transport as per regulation;
c) Instruct the port authorities to inspect, supervise, and detect violations regarding foreign sea-going vessels providing domestic maritime transport service in a timely manner;
d) Make and post the list of foreign vessels providing domestic transport service on the website of the Vietnam Maritime Administration on a monthly basis;
dd) Act as the lead contact for reports on foreign vessels providing domestic transport service. Handle the violations of this Circular and the law of Vietnam intra vires or report them to competent authorities;
e) Aggregate statistical data on cargo, passengers, and luggage transported by sea and on the licensing of foreign sea-going vessels to provide domestic transport service; submit reports to the Ministry of Transport before the 25th of December each year.
3. Port authorities shall:
a) Grant licenses of domestic maritime transport to foreign sea-going vessels that carry passengers and luggage ashore from a cruise ship and vice versa via the ship's intermediary vehicles;
b) Inspect, supervise, and detect violations regarding foreign vessels’ activities of domestic maritime transport in a timely manner.
Article 15. Entry into force [13]
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2. If documents cited in this Circular are amended, comply with their new edition.
1. The Vietnam Maritime Administration and port authorities shall implement this Circular.
2. Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of the Vietnam Maritime Administration, and directors of relevant agencies, organizations, and individuals shall implement this Circular./.
VERFICICATION OF CONSOLIDATED DOCUMENT
PP. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang
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APPLICATION FORM
(Promulgated together with Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport of Vietnam)
APPLYING ORGANIZATION
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
............ Location, date
FOR DOMESTIC MARITIME TRANSPORT LICENSE
To: (receiving agencies)
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Address Phone number Fax
- Vessel management and utilization unit:...........................................................................
Address Phone number Fax
- Vessel’s owner:..................................................................................................................
Address Phone number........................... Fax................................................
Requesting
domestic maritime transport license in Vietnam with the following information:
1. Information on the vessel:
a) Vessel’s name:.....................; Nationality:.......................................................................
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c) Call sign/IMO number:............; Deadweight tonnage (DWT) .........................................
d) Total capacity: .........................................................................................................
2. Information on goods or passengers, transport time, and transport route:
a) Type of goods or number of passengers: ......................................................
b) Transport time or number of transport routes: ................................................................
c) Transport route: ............................................................................................................
3. Explanation for purposes and reasons to request the domestic maritime transport license
We guarantee to take full responsibility for the authenticity of the records and the operation of the sea-going vessel in Vietnam according to the law./.
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APPLYING ORGANIZATION
(Signature, full name, and seal)
MODEL DOMESTIC MARITIME TRANSPORT LICENSE ISSUED BY THE MINISTRY OF TRANSPORT OF VIETNAM
(Promulgated with Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport of Vietnam)
MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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DOMESTIC MARITIME TRANSPORT LICENSE
No. .........../20…/GPVT
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1. Information on the vessel:
a) Vessel’s name:..............................; Nationality:..........................................................
b) Year built:..................; Type:...............................................................................
c) Call sign/IMO number:............; Deadweight tonnage (DWT) .....................................
d) Total capacity: .........................................................................................................
2. Information on goods, transport time, and transport route:
a) Goods type: ..............................................................................................................
b) Transport time: from date to date
c) Transport route: .......................................................................................................
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3. Other information:
a) License issuance place and date: ..............................................................................
b) Vessel management and utilization unit (name, address, phone number):...................................................................................
c) Vessel’s owner (name, address, phone number): ......................................................
Minister
(Signature, full name, and seal)
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VIETNAM MARITIME ADMINISTRATION
PORT AUTHORITY..........
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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DOMESTIC MARITIME TRANSPORT LICENSE
No. .........../20…/GPVT
Director of the Port Authority……. shall license foreign sea-going vessels with the following fundamental information to provide domestic maritime transport services:
1. Information on the vessel:
a) Vessel’s name:.....................; Nationality:.....................................................................
b) Year built:..................; Type:...............................................................................
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d) Total capacity: .........................................................................................................
2. Information on passengers, transport time, and transport route:
a) Number of passengers: ......................................................
b) Transport time: ....................................................................
c) Transport route: ............................................................................................................
3. Other information:
a) License issuance place and date: .................................................................................
b) Vessel management and utilization unit (name, address, phone number):...................................................................................
c) Vessel’s owner (name, address, phone number): .........................................................
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DIRECTOR
(Signature, full name, and seal)
[1] Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, with bases for promulgation as follows:
“Pursuant to the Vietnam Maritime Code dated November 25, 2015;
Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law on amendments to the Law on Inland Waterway Transport dated June 17, 2014;
Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Transport of Vietnam;
At the request of the Director of the Department of Transport of Vietnam and the Director of the Vietnam Maritime Administration;
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[2] This Clause is amended according to Clause 1 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[3] This Clause is amended according to Point a Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[4] This Clause is amended according to Point b Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[5] This Clause is amended according to Point c Clause 2 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[6] This Clause is amended according to Point a Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[7] This Clause is amended according to Point b Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[8] This Clause is amended according to Point c Clause 3 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[9] This Clause is amended according to Clause 4 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[10] This Clause is amended according to Point a Clause 5 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
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[12] This Clause is amended according to Point c Clause 5 Article 2 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which comes into force as of June 16, 2022.
[13] Article 3 and Article 4 of Circular No. 08/2022/TT-BGTVT on amendments to Circulars on maritime business operations, which come into force as of June 16, 2022, are as follows:
“Article 3. Entry into force
1. This Circular comes into force as of June 16, 2022.
2. Circular No. 48/2018/TT-BGTVT dated August 31, 2018 of the Minister of Transport of Vietnam on amendments to Circular No. 50/2016/TT-BGTVT dated December 30, 2016 of the Minister of Transport of Vietnam on procedures for licensing a foreign sea-going vessel is annulled.
Article 4. Implementation
Chief of the Ministry Office, Chief Inspector of the Ministry, Directors of Departments affiliated to the Ministry, Director of the Vietnam Maritime Administration, Director of the Vietnam Inland Waterways Administration, Director of the Vietnam Register, Directors of Departments of Transport of provinces and centrally affiliates cities, and Directors of relevant agencies, units, organizations, and individuals shall be responsible.”.
File gốc của Integrated document No. 29/VBHN-BGTVT dated June 30, 2022 Circular on the procedure for licensing foreign sea-going vessels to provide domestic marine transport services đang được cập nhật.
Integrated document No. 29/VBHN-BGTVT dated June 30, 2022 Circular on the procedure for licensing foreign sea-going vessels to provide domestic marine transport services
Tóm tắt
| Cơ quan ban hành | Bộ Giao thông vận tải |
| Số hiệu | 29/VBHN-BGTVT |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Nguyễn Xuân Sang |
| Ngày ban hành | 2022-06-30 |
| Ngày hiệu lực | 2022-06-30 |
| Lĩnh vực | Giao thông - Vận tải |
| Tình trạng | Còn hiệu lực |