| THE
MINISTRY OF TRANSPORT
CIRCULAR NO. 10/2004/TT-BGTVT OF JUNE 23, 2004 GUIDING THE
GOVERNMENT'S DECREE NO. 125/2003/ND-CP OF OCTOBER 29, 2003
ON INTERNATIONAL MULTI-MODAL TRANSPORTATION
Pursuant to Clause 2, Article 4 of the Government's
Decree No. 125/2003/ND-CP of October 29, 2003 on international
multi-modal transportation, hereinafter referred to as the
Decree, the Ministry of Transport hereby guides in detail
the implementation of the following points:
I. Conditions for multi-modal transportation business
(Article 5 of the Decree)
a) Vietnamese enterprises include:
- Limited liability companies, joint-stock companies, partnerships
and private enterprises established and operating under
the 1999 Law on Enterprises;
- The State companies, limited liability companies and
joint-stock companies established and operating under the
2003 Law on State Enterprises;
- Cooperatives established and operating under the 2003
Law on Cooperatives;
- Foreign-invested enterprises in Vietnam being joint-venture
companies and companies with 100% foreign capital operating
under the 1996 Law on Foreign Investment in Vietnam and
the 2000 Law Amending and Supplementing a Number of Articles
of the Law on Foreign Investment in Vietnam.
b) Foreign enterprises are enterprises defined at Point
a, Clause 3, Article 6 of the Decree.
c) Vietnamese enterprises and foreign enterprises shall
be allowed to conduct multi-modal transportation business
only after they are granted by the Ministry of Transport
multi-modal transportation business licenses. Foreign-invested
enterprises in Vietnam shall be allowed to conduct multi-modal
transportation business only after they are granted by the
Ministry of Planning and Investment licenses for investment
in multi-modal transportation domain.
2. Multi-modal transportation business licensing
conditions (Article 6 of the Decree)
a) Vietnamese enterprises and foreign enterprises shall
be granted multi-modal transportation business licenses
when they fully meet the conditions prescribed in Clauses
1 and 2, Article 6 of the Decree.
b) Conditions on having professional liability insurance
for multi-modal transportation or bank guarantees, more
concretely as follows:
- Enterprises must have multi-modal transportation contracts
for which professional insurance has been purchased from
Vietnamese insurance organizations or foreign insurance
organizations licensed to operate in Vietnam.
- Enterprises must have guarantees of Vietnamese banking
organizations or foreign banking organizations licensed
to operate in Vietnam.
3. Procedures for evaluating dossiers and granting
multi-modal transportation business licenses (Article 7
of the Decree)
a) A dossier of application for multi-modal transportation
business license comprises:
For Vietnamese enterprises:
- An application for multi-modal transportation business
license, which must be signed and sealed by the head representing
the applying enterprise.
- Valid copies of business registration certificate, written
declaration of the enterprise's assets, or equivalent guarantee
papers, professional liability insurance contract or bank
guarantee papers, which must be notarized by the State Notary
Public or authenticated by the agencies issuing such papers.
- The written declaration of the enterprise's assets, which
must be certified by the finance agency managing the enterprise,
or equivalent guarantee papers, which must be certified
by banks.
For foreign enterprises:
- An application for multi-modal transportation business
license, made according to a form set by the Transport Ministry;
- The copy of multi-modal transportation business registration
certificate, which must be consularly legalized or authenticated
by the Vietnam-based embassy or consulate of the country
of the applying foreign enterprise.
Applications for granting of multi-modal transportation
business licenses and application for re-granting of multi-modal
transportation business licenses shall be made according
to the set forms in the Appendices to this Circular (not
printed herein).
b) Evaluation of dossiers and granting of multi-modal transportation
business licenses to Vietnamese and foreign enterprises.
- Vietnamese enterprises and foreign enterprises conducting
multi-modal transportation business must each submit to
the Transportation Department of the Transport Ministry
three dossiers sets. The Transportation Department shall
have to check them and guide the enterprises in completing
their dossiers and give signature for receipt of the submitted
dossiers.
- After receiving the complete and valid papers, the Transportation
Department shall, within 5 working days, have to send dossier
to the concerned agencies for organization of evaluation.
- Within 5 working days after receiving the complete dossiers
of application for multi-modal transportation business licenses,
the specialized management departments and relevant departments
shall have to send their written comments thereon to the
Transportation Department. Past that time limit, if the
said departments do not give written comments, they are
considered having approved the dossiers.
- Within 5 working days after receiving replies of the
concerned evaluation agencies, the Transportation Department
shall sum them up and submit licenses to the Transport Minister.
Enterprises shall receive multi-modal transportation business
licenses within 20 days after submitting complete and valid
dossiers . In case of refusal to grant licenses, the reasons
therefor must be clearly stated in written replies to enterprises
within 20 days.
c) Multi-modal transportation business licenses shall be
valid for 24 months counting from the date of granting.
Enterprises which are granted multi-modal transportation
business licenses shall have to pay the licensing fee according
to the Finance Ministry's regulations.
4. Regarding the regulations applicable to foreign
invested enterprises in Vietnam (Clause 5, Article 7 of
the Decree)
After receiving dossiers of application for investment
licenses in multi-modal transportation business of foreign
invested enterprises in Vietnam sent by the Planning and
Investment Ministry, the Transportation Department shall
have to evaluate and sum up before submitting them to the
Transport Ministry for reply within 10 working days after
receiving written requests of the Planning and Investment
Ministry.
5. Management and withdrawal of multi-modal transportation
business licenses (Article 8 of the Decree)
After one year (12 months) of operation as from the date
of being granted multi-modal transportation business licenses,
enterprises engaged in multi-modal transportation business
shall have to report on multi-modal transportation business
results to the Transportation Department of the Transport
Ministry for monitoring.
The Transportation Department of the Transport Ministry
shall coordinate with the concerned specialized management
departments in inspecting multi-modal transportation business
activities of enterprises. If detecting that the multi-modal
transportation business enterprises violate the provisions
in Clause 1, Article 8 of the Decree, it shall report such
to the Transport Minister for withdrawal of multi-modal
transportation business licenses according to the provisions
of Clause 2, Article 8 of the Decree.
6. Registration of multi-modal transportation vouchers
(Article 9 of the Decree)
The Transportation Department shall certify the registration
of multi-modal transportation voucher forms for Vietnamese
enterprises and foreign enterprises engaged in multi-modal
transportation business on the basis of the contents prescribed
in Article 12 of the Decree. Multi-modal transportation
voucher forms must show particularities of enterprises and
must not be copies of other voucher originals.
7. Organization of implementation
This Circular takes effect 15 days after its publication
in the Official Gazette.
Enterprises which have conducted multi-modal transportation
business must carry out the procedures for granting multi-modal
transportation business licenses within 30 days after the
effective date of this Circular.
If any problems or misunderstandings arise in the course
of implementation organization, enterprises engaged in multi-modal
transportation business should report them to the Ministry
for timely solution.
For the Minister of Transport
Vice Minister
PHAM THE MINH
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