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THE
GOVERNMENT
DECREE No.
10/2001/ND-CP OF MARCH 19, 2001 REGARDING BUSINESS CONDITIONS FOR
MARITIME SERVICE PROVISIONS
THE GOVERNMENT
Pursuant
to the September 30, 1992 Law on Organization of the Government;
Pursuant
to the June 30, 1990 Maritime Code of Vietnam;
Pursuant
to the April 20, 1995 Law on State Enterprises;
Pursuant
to the June 12, 1999 Law on Enterprises;
Pursuant
to the November 12, 1996 Law on Foreign Investment in Vietnam and the
June 9, 2000 Law Amending and Supplementing a number of Articles of the
Law on Foreign Investment in Vietnam;
Pursuant
to the March 20, 1996 Law on Cooperatives;
At the
proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1:
Scope of
application
This
Decree prescribes the business conditions for maritime service
provisions applicable to the following forms of maritime service:
1.
Sea-ship
agency service;
2.
Sea-transport agency service;
3.
Maritime brokerage service;
4.
Sea-ship supply service;
5.
Goods inspection and counting service;
6.
Sea
towage service;
7.
Services for sea-ship repairs at ports;
8.
Sea-ship cleaning service;
9.
Services for cargo loading and unloading at ports.
Article 2:
Enterprises licensed to provide maritime services in Vietnam
Enterprises of all economics sectors, which fully meet the conditions
prescribed in this Decree, may provide assorted maritime services
mentioned in Article 1 above. For enterprises with foreign investment
capital, the capital contributed by the Vietnamese party must not be
lower than 51%; particularly for two kinds of services: sea ship agency
service and sea towage service, only enterprises with 100%
domestic investment capital may provide them.
Article 3:
Applicable laws
and international treaties
1.
Enterprises providing maritime services must abide by the provisions of
this Decree, Vietnamese laws and relevant international treaties which
the Socialist Republic of Vietnam has signed or acceded to .
2.
Where an international treaty which the Socialist Republic of Vietnam
has signed or acceded to contains different provisions, the provisions
of such international treaty shall apply.
Chapter II
MARITIME SERVICE
ACTIVITIES
Article 4:
Sea ship agency
service
The sea
ship agency service means the service for performing the following jobs
under the ship owners’ authorization:
1.
Carrying out procedures for ships to enter and leave ports with
competent bodies;
2.
Arranging tow ships, arranging pilots for pilotage, arranging wharves
and mooring places for ships to load and/or unload cargo, embark and/or
disembark passengers;
3.
Providing necessary information to parties related to ships, cargo and
passengers, preparing documents and papers on cargo and passengers,
arranging the delivery of goods to consignees;
4.
Carrying out ship-related customs and border-gate procedures as well as
procedures for cargo handling and/or passenger’s embarkation and/or
disembarkation;
5.
Colleting and/or paying on behalf of ship owners freight, damages,
reward money, ship release fines and other sums;
6.
Arranging the supply for sea ships at ports;
7.
Signing contracts for ship charter, carrying out procedures for hand
over of ships and crews;
8.
Signing contracts for cargo transport or handling;
9.
Carrying out procedures relating to maritime disputes;
10.
Settling other matters as authorized.
Article 5:
Sea transport
agency service
Sea
transport agency service means the service for performing the following
tasks under the entrustment of goods owners:
1.
Organizing and carrying out works in service of the process of goods
transport, delivery and reception, passengers and luggage transport on
the basis of sea transport contracts or multi-mode transport
contracts;
2.
Leasing, renting on behalf of goods owners sea transport means, loading
and unloading equipment, warehouse, wharves and yards , piers and other
special use maritime equipment;
3.
Acting as container agents
4.
Settling other matters as authorized.
Article 6:
Maritime brokerage
service
The
maritime brokerage service means the service for performing the
following tasks:
1.
Acting as intermediary in signing contracts for cargo, passenger and
luggage transport;
2.
Acting as intermediary in singing maritime insurance contracts;
3.
Acting as intermediary in signing ship lease contracts, ship purchase
sale contracts, towage contracts, crew hiring contracts;
4.
Acting as intermediary in singing other contracts relating to maritime
activities at the requests of authorizers according to each specific
contract.
Article 7:
Sea-ship supply
service
The
sea-ship supply service means the service for performing the
following tasks related to sea ships:
1.
Supplying sea ships with food, foodstuff, fresh water, materials,
equipment, fuel, lubricant, wedging, lining and/or partitioning
materials;
2.
Providing services for daily-life needs, health care, entertainment and
recreation of passengers and crews, organizing the departure, arrival,
entry, exit and /or change of crews.
Article 8:
Goods inspection
and counting service
The
goods inspection and counting service means the service for inspecting
and counting the actual quantity of goods upon the delivery and
reception thereof with sea ships or other means under the entrustment of
goods consignors, goods or carriers.
Article 9:
Sea ship towage
service
Sea
ships towage service means the service for operation of towing, tugging,
pushing or supporting sea ships and other floating means on sea or
water areas relating to sea ports where sea ships are allowed to enter,
leave and/or operate.
Article 10:
Sea-ship repairing
service at ports
The
sea-ship repairing service at ports means the service for repairing and
maintaining sea ships during their anchorage at ports.
Article 11:
Sea-ship cleaning
service
The
sea-ship cleaning service means the service for gathering and treating
garbage, discharge oils and other wastes discharged from sea-ships while
anchorage or mooring at ports.
Article 12:
Cargo handling
service at sea ports
The
cargo handling service at sea ports means the service for cargo loading
and unloading at ports according to the technological process for
loading and unloading each kind of goods.
Chapter III
CONDITIONS ON
MARITIME SERVICE BUSINESS
Article 13:
Conditions on
sea-ship agency service business
Enterprises may provide sea-ship agency services when meeting all the
following conditions:
1.
The
enterprises directors have directly performed the sea-ship agency
operations for at least 2 (two) years;
2.
The
agency staff members must fully meet the following conditions:
a)
Having graduated from the maritime university or the foreign trade
university or having performed sea-ship agency-related operations for at
least 3 (three) years;
b)
Having certificates of the professional qualifications for sea-ship
agency operations, granted by the Maritime Agency and Brokerage
Association;
3.
The
enterprises always have the credit balance of at least 1 (one) billion
VN dong in their deposit account at banks established and operating
under Vietnamese laws or have purchased the occupational liability
insurance for sea-ship agency activities.
Article 14:
Conditions on sea
transport agency service business
Enterprises may provide sea transport agency services when meeting all
the following conditions:
1.
The
enterprises’ directors have directly performed the sea transport agency
operations for at least 2 (two) years;
2.
The
agency staff members fully meet the following conditions:
a)
Having graduated from the maritime university or the foreign trade
university or having performed the sea-transport agency service
operations for at least 3 (three) years;
b)
Having certificates of professional qualifications for sea transport
agency service operations, granted by the Forwarding Association;
3.
The
enterprises have purchased the occupational liability insurance for sea
transport agency activities.
Article 15:
Conditions on
maritime brokerage service business
Enterprises may provide maritime brokerage services when meeting all the
following conditions:
1.
The
enterprises’ directors have directly performed the maritime operations
for at least 2 (two) years;
2.
The
maritime brokers have graduated from the maritime university or the
foreign trade university or have performed the maritime operations for
at least 3 (three) years.
Article 16:
Conditions on
sea-ship supply service business
Enterprises may provide sea-ship supply services when meeting all the
following conditions:
1.
The
enterprises’ directors have directly performed the sea-ship supply
operations for at least 2 (two) years;
2.
The
sea-ship suppliers have graduated from the maritime schools or trade
schools of intermediate or higher level, or have performed the maritime
operations for at least 3 (three) years;
3.
The
goods items supplied to sea ships must fully satisfy the law-prescribed
standards.
Article 17:
Conditions on
goods inspection and counting service business
Enterprises may provide goods inspection and counting services when
meeting all the following conditions:
1.
The
enterprises’ directors have directly performed the goods inspection and
counting operations for at least 2(two) years;
2.
The
goods inspectors and counters have graduated from schools of
intermediate or higher level, or have performed the maritime operations
for at least 3 (three) years.
Article 18:
Conditions on
sea-ship towage service business
Enterprises may provide sea-ship towage services when meeting all the
following conditions:
1.
The
enterprises’ directors have directly performed the sea-ship towage for
at least 2 (two) years;
2.
The
crew members working on towage ships have the professional certificates
of maritime operations as prescribed by law;
3.
The
enterprises have their towage ships registered in Vietnam, which satisfy
the technical safety requirements as prescribed by law;
4.
The
enterprises have purchased insurance for the towage ship owners’ civil
liability and for crew members.
Article 19:
Conditions on
sea-ship repairing services at ports
Enterprises may provide services for sea-ship repair at ports when
meeting all the following condition:
1.
The
enterprises’ directors have directly performed the sea ship repair
operations for at least 2 (two) years;
2.
Having enough means, equipment and personnel that satisfy the
requirements prescribed by law.
Article 20:
Conditions on
sea-ship cleaning services when meeting all the following conditions:
Enterprises may provide sea-ship cleaning services when meeting all the
following condition:
1.
The
enterprises directors have directly performed the sea-ship cleaning
operations for at least 2 (two) years;
2.
Having enough means, equipment and personnel that satisfy the
requirements prescribed by law.
3.
Having plans for treatment of garbage, discharged oil, wastes and the
environmental impact assessment reports approved by competent State
bodies;
Article 21:
Conditions on
cargo-handling service business
Enterprises may provide cargo-handling services when meeting all the
following conditions:
1.
The
enterprises’ directors have directly performed the cargo loading and
unloading operations for at least 2 (two) years;
2.
Having loading and unloading means, equipment and instruments which
satisfy the technical safety standards, and the contingent of loading
and unloading workers meeting the prescribed requirements.
Chapter IV
EXAMINATION,
INSPECTION, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 22:
Examination and
inspection of maritime service business activities
1.
The
Ministry of Communications and Transport shall have to organize the
inspection and examination of maritime service business activities and
handle violations according to its competence.
2.
The
inspection and examination contents shall cover the observance of law
provisions on maritime service business and the making of committed
registrations with competent State bodies.
3.
The
examination and inspection of enterprises in their maritime service
business must comply with the provisions of law.
Article 23:
Complaints and
denunciations
Enterprises may lodge complaints and/or denunciations or initiative
lawsuits according to law provisions against State bodies and/or
individuals committing acts of violating their law prescribed right.
Article 24:
Handling of
violations
Organizations and individuals that violate the provisions of this Decree
shall, depending on the nature and seriousness of their violations, be
disciplined, administratively sanctioned or examined for penal
liability, where damage is caused, compensation therefore must be made
according to law provisions.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 25:
Implementation
provisions
1.
This
Decree takes effect 15 days after its signing.
The
previous regulations contrary to the provisions of this Decree shall all
be annulled.
2.
Enterprises which have conducted the maritime service business before
this Decree takes effect may continue their operations, but have to
satisfy all the prescribed business conditions within 180 (one hundred
and eighty) days from the date this Decree takes effect.
3.
The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to
implement this Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI |
