|
DECREE No.57/2001/ND-CP OF AUGUST 24, 2001 ON THE SEA-SHIPPING BUSINESS
CONDITIONS
THE
GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant
to the November 12, 1996 Law on Foreign Investment and the June 9, 2000
Law on Foreign Investment and the June 9, 2000 Law Amending and
Supplementing a Number of Articles of the Law on Foreign Investment in
Vietnam;
Pursuant
to the April 20, 1995 State Enterprise Law;
Pursuant
to the June 12, 1999 Enterprise Law;
Pursuant
to the March 20, 1996 Cooperative Law;
At the
proposal of the Minister of Communications and Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1:
Scope and objects
of application
1.
This Decree applies to the goods, passenger and luggage
sea-shipping business, conducted by enterprises which are established
and operating under the Vietnamese laws.
2.
Enterprises governed by this Decree include State enterprises;
limited liability companies, joint-stock companies, partnership, private
companies, cooperatives and foreign-invested enterprises in the form of
joint- venture.
Article 2:
Law application
1.
Sea-shipping business activities in Vietnam must comply with the
provisions of this Decree and other relevant legal documents of Vietnam
as well as international agreements which Vietnam has signed or acceded
to.
2.
Where an international agreement which the Socialist Republic of
Vietnam has signed or acceded to contains different provisions, the
provisions of such international agreement shall apply.
3.
For cases which have not yet been provided for by Vietnamese laws
and international agreements, the involved parties may agree on the
application of international practices thereto.
Article 3:
Interpretation of
terms
In this
Decree, the following phrases are construed as follows:
1.
“Sea-shipping business” means the exploitation of sea-going ships
by enterprises to transport goods, passengers and luggage along
sea-going shipping routes.
2.
“Vietnamese ship owners” mean owners or hirers of sea-going ships
which have been registered in Vietnam’s national sea-going ship
registration book.
3.
“shipping documents” mean bills of lading, goods consignment
papers or other similar goods shipping documents for goods
transportation; tickets or contracts for passenger transportation.
4.
“Overseas routes” mean maritime routes linking Vietnamese
seaports with one or several foreign seaports and vice versa.
Article 4:
Freight rates
Shipping
freight rates shall be agreed upon by the involved parties, except for
cases otherwise provided for by law.
Chapter II
SEA-SHIPPING
BUSINESS CONDITIONS
Article 5:
Conditions for
enterprises
Sea-shipping business enterprises must meet all the following
conditions:
1.
Being Vietnamese ship owners.
2.
Having signed written labor contracts with crew members and
arranged adequate complement of each ship according to the regulations
of the Minister of Communications and Transport.
3.
Having bought ship owner’s civil liability insurance and crew
members’ insurance. For passenger transportation, passenger insurance is
also required.
4.
Having registered forms of shipping documents at Vietnam Maritime
Bureau, if the enterprises use one or several papers referred to as
shipping documents under Clause 3, Article 3 of this Decree.
5.
For cases of transportation on overseas routes, apart from the
conditions mentioned in Clauses 1, 2 and 3 of this Article, the
enterprises must have a “compatibility certificate” issued by Vietnam
Registry Department according to the regulations of the Minister of
Communications and Transport on the basis of the International Safety
Management Code Promulgated by the promulgated by the International
Maritime Organization.
6.
Sea-going ships must have all the following papers:
a)
A
sea-going ship registration certificate, issued by Vietnam Maritime
Bureau;
b)
Technical safety certificates and oil and bilge pollution prevention
certificates, issued by Vietnam Registry or a foreign registry office
authorized by Vietnam Registry;
c)
A
permit for use of the ship’s radio as prescribed;
d)
For
transportation on overseas routes, apart from the conditions mentioned
at Points a, b, c, Clause 6 of this Article, sea-going ships must have
“safety management certificates” issued by Vietnam Registry Department
according to the regulations of the Minister of Communications and
Transport on the basis of the International Safety Management Code
promulgated by the International Maritime Organization.
7.
Officers and crew members working on Vietnamese sea-going ships
must possess all the following qualification certificates suited to
their titles according to the regulations of the Minister of
Communications and Transport:
a)
A professional qualification certificate;
b)
A basic training certificate;
c)
A professional training certificate;
d)
A special training certificate.
Article 6:
Other conditions
In the
course of conducting sea-shipping business activities, besides complying
with the conditions prescribed in Article 5 of this Decree, the
enterprises shall, when transporting goods which require permits,
transport these goods only after they obtain such permits.
Chapter III
SUPERVISION,
INSPECTION, COMPLAINT, DENUNCIATION AND HANDLING OF VIOLATIONS
Article 7:
Supervision and
inspection of sea-shipping business activities
1.
The Minister of Communications and Transport shall be responsible
for organizing the inspection and supervision of sea-shipping business
activities and handle violations according to the provisions of law.
2.
The supervision and inspection contents cover the observance of
the law provisions on sea-shipping business and the compliance with
registration committed with the competent State bodies.
Article 8:
Complaints and denunciations
Enterprises may lodge complaints and denunciations or initiate lawsuits
at courts against State bodies’ or individuals’ acts of violating their
rights according to law provisions.
Article 9:
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; if causing damage, they shall have to pay compensations
therefore according to law provisions.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 10:
Implementation
effect
1.
This Decree takes effect 15 days after its signing.
2.
To repeal the provisions on ocean shipping at Point d, Clause 1
and Point e, Clause 2, Article 13 of the Government’ s Decree No. 16/CP
of February 21,1997 on the transformation and registration of
cooperatives and the operation organization of the Unions of
Cooperatives.
Article 11:
Transition
provisions
1.
Enterprises currently engaged in sea-shipping business, which
meet all the conditions set in this Decree may continue their operation.
2.
Enterprises currently engaged in sea-shipping business which fail
to meet all the conditions prescribed in this Decree must satisfy all
the prescribed conditions within 90 days after this Decree takes effect.
Article 12:
Implementation
provision
The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s
Committees of the provinces and centrally-run cities as well as
concerned organizations and individuals shall have to implement this
Decree.
On behalf of the Government
Prime Minister
PHAN VAN KHAI |
