Thông tư 24/2022/TT-BGTVT của Bộ Giao thông Vận tải về việc sửa đổi, bổ sung các Thông tư của Bộ trưởng Bộ Giao thông Vận tải quy định về quản lý tuyến vận tải thủy từ bờ ra đảo trong vùng biển Việt Nam

CIRCULAR

Amendments to Circulars of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam

Pursuant to the Vietnam Maritime Code dated June 14, 2005;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;

Pursuant to the Law on amendments to certain Articles of the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government of Vietnam on functions, tasks, powers and organizational structure of the Ministry of Transport of Vietnam;

At the request of the Director General of the Department of Transport and Director Generals of the Vietnam Maritime Administration and Vietnam Inland Waterways Administration;

The Minister of Transport promulgates a Circular on amendments to Circulars of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam.

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1. Amendments to Clauses 1 and 2 Article 2:

“1. The Vietnam Maritime Administration shall organize management of the waterway transport on the routes specified in Appendix I enclosed with this Circular as prescribed by law on maritime and inland waterway transport; organize inspection and instructions of the compliance with regulations of law on maritime and inland waterway transport for waterway transport routes from shores to islands prescribed in Appendix I issued herewith and devolved on the People’s Committees of provinces and central-affiliated cities by the Ministry of Transport.

2. The Vietnam Inland Waterways Administration shall organize management or inspect and guide agencies and units assigned to organize the management for the waterway transport routes from shore to islands announced as prescribed by law on inland waterway transport; organize inspection and instructions of the compliance with regulations of law on waterway transport routes for waterway transport routes from shores to islands devolved on the People’s Committees of provinces and central-affiliated cities by the Ministry of Transport”

2. Addition of clause 3 of Article 2:

“3. On the basis of proposals of the People’s Committees of provinces and central-affiliated cities, the Ministry of Transport shall consider and devolve the organization of management of the waterway transport on routes proposed to be devolved according to the existing regulations.”

3. Amendments to Clause 1 of Article 3:

Procedures for applying passenger transport on fixed waterway transport routes from shore to islands specified in Appendix I enclosed herewith are performed as follows:

1. Organization or individual shall submit an application for passenger transport on fixed routes  in person or via postal system to its regional Maritime Port Authority or agency/unit assigned by the provincial People’s Committee (in case of being devolved) or via the online public service system. The application includes:

a) An application form for passenger transport business as prescribed in Appendix II enclosed with this Circular.

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c) Copies enclosed with originals for comparison or valid electronic copies issued by a competent authority, including: a certificate of business registration or certificate of enterprise registration or certificate of investment that includes waterway passenger transport; a certificate of vehicle registration; a certificate of technical safety and environmental protection of means which remains effect and conforms to the operational routes.".

4. Amendments to Clause 2 of Article 3:

“2. Within 03 working days after receiving a full application as prescribed in Clause 1 of this Article, the regional Maritime Port Authority shall consult in writing with the Department of Transport of the province where the port or wharf for embarkment and disembarkment is located under management of the province.  The provincial Department of Transport shall reply in writing within 03 working days after receiving the consultation document.

For the routes devolved by the Ministry of Transport, within 03 working days after receiving the full application as prescribed in Clause 1 of this Article, the agency/unit assigned by the People’s Committee of the province or central-affiliated city shall consult in writing with the regional maritime port authority or inland waterways port authority affiliated to the Vietnam Inland Waterways Administration (hereinafter referred to as “Port Authority”) of the province where the a waterway transport route from the shore to the island pass.  The Port Authority shall reply in writing within 03 working days after receiving the consultation document.”.

5. Amendments to Clause 3 of Article 3:

“3. Within 03 working days after receiving the full application as prescribed in clause 1 and clause 2 of this Article, the regional maritime port authority, agency/unit assigned by the provincial People’s Committee (in case of being devolved) shall consider and send a written agreement according to the form prescribed in Appendix II enclosed herewith if the application is adequate as prescribed to the organization or individual applying for passenger transport on fixed routes in person or via the postal system or via the online public service system. In case the application is inadequate or invalid, it shall be returned with clear explanation.".

6. Annulment of Article 6 of Circular No. 16/2013/TT-BGTVT dated April 30, 2013 of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam.

7. Replacement of Appendices I and II of Circular No. 16/2013/TT-BGTVT dated April 30, 2013 of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam by Appendices I and II enclosed herewith.

8. Addition of Appendix III to Circular No. 16/2013/TT-BGTVT dated April 30, 2013 of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam equivalent to Appendix III issued herewith.

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1. This Circular comes into force from December 15, 2022.

2. Annulments of Circular No. 36/2019/TT-BGTVT dated September 12, 2019 of the Minister of Transport on amendments to Circulars on management of waterway transport routes from shores to islands in territorial waters of Vietnam, Circular No. 30/2021/TT-BGTVT dated November 30, 2021 of the Minister of Transport on amendments to certain Articles of Circular No. 36/2019/TT-BGTVT, Circular No. 05/2017/TT-BGTVT dated February 2, 2017 of the Minister of Transport on amendments to certain Articles of Circular No. 16/2013/TT-BGTVT dated July 30, 2013 of the Minister of Transport on management of waterway transport routes from shores to islands in territorial waters of Vietnam in the territorial waters of Vietnam, Article 1 of Circular No. 08/2022/TT-BGTVT dated June 16, 2022 of the Minister of Transport on amendments to certain Articles of Circulars on regulations related to navigation business.

Article 3. Organizing implementation

Chief of the Ministry Office, Chief Inspector of the Ministry, Director Generals of Ministries, Director General of Vietnam Maritime Administration, Director General of Vietnam Inland Waterways Administration, Director General of Vietnam Register, Directors of Departments of Transport, Heads of relevant agencies, units, organizations and individuals are responsible for the implementation of this Circular./.

PP. MINISTERDEPUTY MINISTERNguyen Xuan Sang