Decree 110/2014/nd-Cp: Regulation Of Business Conditions In Inland Waterway Transport

Original Language Title: Nghị định 110/2014/NĐ-CP: Quy định điều kiện kinh doanh vận tải đường thủy nội địa

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THE GOVERNMENT.
Number: 110 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2014

DECREE

Local waterway transport business regulation

____________________

Government Law Base December 25, 2001;

The Internal Traffic Law Base on June 15, 2004 and the Amendment Law, which added some of the provisions of the Internal Traffic Law on June 17, 2014;

Corporate Law Base November 29, 2005;

Base. Law Co-operation on November 20, 2012;

The Travel Law Base June 14, 2005;

On the recommendation of the Minister of Transport,

The government issued a decree regulating the domestic shipping business.

Chapter I

GENERAL REGULATION

Number one. Adjustment range

This decree regulates the business of domestic waterways, including passenger transport business and freight business.

Article 2. Subject applies

This decree applies to organizations, individuals who are involved in the operation of domestic waterway transport business by the inland waterway (later called the vehicle).

This decree does not apply to the organization, the individual involved in the operation of domestic waterway passengers in closed tourist areas.

Third. Explain the word

In this decree, the words below are understood as follows:

1. The transport business unit is the business, cooperative, and business engaged in the shipping business by the domestic waterway.

2. The domestic waterway transport business is the operation of the business unit that uses the domestic vehicle to transport passengers, goods that have a freight toll.

3. The fixed inland waterway transport line is approved by the authority or announced by the authority, identified by the port, dock, and port, to the destination.

Article 4. Local waterway transport business forms

The local waterway transport business includes the following forms:

1. Business transport business by fixed line;

2. The passenger transport business on a trip contract;

3. Travel customer transport business;

4. Transport business across the river;

5. Sales of goods.

Chapter II

DOMESTIC WATERWAY TRANSPORT BUSINESS

What? 5. Common Conditions

The domestic shipping business unit must have enough of the following conditions:

1. Have a business register of domestic waterway transport.

2. The means of ensuring technical safety and environmental protection by regulation; in line with the form and method of business.

3. The captain must be equal, certificate of expertise by regulation. The crew must be eligible for the Health Ministry's health standards.

4. Captain, service officer has a written labor contract with the Department of Labor and Social Affairs (except for the same time as the business owner or father, mother, wife, husband, child of the business owner).

5. Buy a media owner ' s civil liability insurance on the passengers and the third person.

What? 6. Terms of business transport business by fixed line

A fixed-line passenger transport business unit must secure the following conditions:

1. There are sufficient regulatory conditions at Article 5 of this Decree.

2. There is an operational and route acceptance text of the competent agency where the business unit applied for the registration of the domestic waterway passenger transport in the fixed line. The Ministry of Transport directed the procedure to register the route of a fixed-line domestic passenger route.

3. Employees who serve on the means must be trained on a job and regulations of the law on transportation activities under the provisions of the Ministry of Transport.

4. The transport operator must have a specialized level of transport in terms of or above-level transport or higher-level degrees from college to other economic, technical, and technological majors.

5. There is an anchorage for the means to match the route of mining and ensuring the requirements for traffic safety, fire prevention, detonation, and environmental protection.

6. The vehicle must install an automated identification device-AIS when operating on the route from the shore to the island or between the islands.

7. There is a management department, which monitors the conditions of traffic safety.

What? 7. The passenger transport business under a trip contract.

The passenger transport business unit on a trip contract must secure the following conditions:

1. There are sufficient regulatory conditions at Article 5 of this Decree.

2. There is a contract with the transport tenant.

3. Employees who serve on the means must be trained on a job and regulations of the law on transportation activities under the provisions of the Ministry of Transport.

4. The transport operator must have a specialized level of transport in terms of or above-level transport or higher-level degrees from college to other economic, technical, and technological majors.

5. The vehicle must install an automated identification device-AIS when operating on the route from the shore to the island or between the islands.

6. There is a management department, which monitors the conditions of traffic safety.

What? 8. Tourist business conditions

The travel business unit must ensure the following conditions:

1. There are sufficient regulatory conditions at Article 7 of this Decree.

2. The vehicle must be granted its own sign to the transport of tourists by the regulation of the Ministry of Transport.

3. Employees who serve on the transport of tourists must be trained in the travel business under the relevant rules of travel legislation.

What? 9. Transport business conditions across the river

The transport business unit across the river must ensure the following conditions:

1. The business unit must be given a competent authority to approve the transport by the river by regulation. The Transport Ministry instructed the procedure to transport passengers across the river.

2. To pick up, return passengers at the dock have been granted permission to grant permission to operate.

3. The vehicle must secure technical safety and protect the environment.

4. Captain, the driver of the vehicle must have specialized certificate.

What? 10. commodity shipping business conditions

The cargo business unit must ensure the following conditions:

1. There are sufficient regulatory conditions at Article 5 of this Decree.

2. For the business of transporting dangerous goods must meet the regulations of the law on the transport of dangerous goods. The transportation of goods at risk of environmental incidents has to ensure environmental protection requirements under regulation at Article 74 Environmental Protection Law of 2014.

Chapter III

ORGANIZATIONAL RESPONSIBILITY

What? 11. Transport Ministry

1. Unity of the domestic waterway transport business regulations stipulated at this decree.

2. Directed by, instruct, the organization implementing the regulations at this Decree.

3. Organization for inspection, inspection and handling of the implementation of the implementation of the business regulations and business conditions of the domestic hydroshipping business under the regulation of this decree and other provisions relevant to the law.

4. Guide to the procedure for the transport of the inland waterway; the conditions of the management department, which monitors the conditions of traffic safety; the installation, management, use of automatic identification equipment; professional case training, technical career for the company, and the management. Domestic waterway transport.

What? 12. Ministry of Public Security

Presiding or in coordination with the Department of Transport inspects the local waterways transport business activities and handles violations by the rule of law.

What? 13. Ministry of Culture, Sports and Tourism

In collaboration with the Ministry of Transport guides the business units of transporting tourists by the local means of implementing regulations at this Decree and other provisions relevant to the law.

What? 14. Ministry of Information and Communication

Presiding, in collaboration with the Department of Transport guidance management of the use of radio frequency, information infrastructure and information equipment, other contacts used in management work, operating the domestic waterway transport business; the rule of the United States. are about the national technical standard of automated identification equipment.

What? 15. Ministry of Health

The practice of standard regulation, health examination and regulation on the health of the ship's health care facility, the local transport driver.

What? 16. Ministry of Labor-Trade and Social Affairs

1. Host, in coordination with the Ministry of Transport for the implementation of the provisions of the law on the contract of labor, social insurance, health insurance and other workers of the workers in the operation of domestic waterways.

2. Coordinate with the Department of Transport for the implementation of the provisions of law on the regimes, policies on persons with disabilities, seniors, and other policy objects when using domestic waterway transport services.

What? 17. Provincial People ' s Committee

1. The organization manages the operation of passenger transport business in the tourist areas and marinas across the river.

2. The organization manages the domestic waterways transport business under the regulation of this Decree and other provisions relevant to the law.

3. Organization for inspection, inspection and handling of the implementation of the implementation of the business regulations and business conditions of the domestic hydroshipping business under the regulation of this decree and other provisions relevant to the law.

What? 18. The audit regime performs the business conditions of the transport business unit.

1. The transport business unit is subject to examination of the business regulations and business conditions of the domestic waterways of the competent authority.

2. The test form:

a) periodic examination;

b) A sudden examination of a traffic accident is particularly severe, with a complaint, denouncing, or when information is available, the sign of not fully implementing the business regulations and the business conditions of domestic waterways.

3. Minister of Transport, Chairman of the Provincial People ' s Committee is responsible for directing the organization of organizational functions examining the compliance of the business conditions of the domestic shipping business unit.

Chapter IV

EXECUTION CLAUSE

What? 19. The transition clause

1. The business unit that is operating the domestic shipping business prior to the date of this Decree has the effect of being enforced, and continues to do business.

2. During the period from 5 January 2015 to the end of December 31, 2016, business units stipulated at Section 1 This must fully meet the regulatory conditions at this Decree.

What? 20.

This decree has the enforcement effect since January 05, 2015; repel Article 10 of the Digital Protocol. 21 /2005/NĐ-CP March 1, 2005, the government regulates the implementation of some of the provisions of the Internal Traffic Law.

What? 21.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee of the Provinces, the Central City of the Central Committee, the organizations, the individual are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung