The Decree 30/2014/nd-Cp: About Business Conditions In Maritime Transport And Shipping Services

Original Language Title: Nghị định 30/2014/NĐ-CP: Về điều kiện kinh doanh vận tải biển và dịch vụ hỗ trợ vận tải biển

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THE GOVERNMENT.
Number: 30 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 14, 2014

DECREE

On the terms of marine transport business and the transport support service. n

__________________

Government Law Base December 25, 2001;

Vietnam Maritime Code Base June 14, 2005;

Corporate Law Base November 29, 2005;

The Investment Law Base November 29, 2005;

The Commercial Law Base June 14, 2005;

On the recommendation of the Minister of Transport,

The government issued a decree on the conditions of shipping and shipping support services.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree rules:

a) The shipping business conditions;

b) The service of the service of marine transportation support includes the marine service ship service and sea-ship hybrid service.

2. In addition to the regulations at this Decree on business conditions, the organization, the individual must follow in accordance with the relevant other provisions of the law.

What? 2. Subject applies

This decree applies to the organization, the Vietnamese personally and the organization, the foreign individual involved in the shipping business and the maritime dealership service business, the maritime navigation service in Vietnam.

What? 3. Explain words

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

1. Marine shipping business is the business that uses ships to transport goods, passengers, luggage.

2. Inland Sea transport is the transport of goods, passengers, luggage by sea, which the venue receives goods, passengers, luggage, and the location of the goods, passengers, and luggage in the South Vietnamese seaport, Vietnam Sea.

3. International sea transport is the transport of goods, passengers, luggage by sea between Vietnam ' s seaport and the foreign sea port or between foreign ports.

4. Marine shipping business, business-based shipping support business in this decree includes the established business under the provisions of the law on business and the cooperative establishment under the rule of law on the cooperative.

Chapter II

MARINE TRANSPORTATION BUSINESS

What? 4. Marine Transport Business

The South Vietnamese shipping business has to establish a maritime shipping business by law and is only used by the shipping business after being granted a license to the shipping business.

What? 5. Charter of Marine Transport Business License

1. Have a business registration business.

2. Marine shipping business must have a dedicated department that performs the following tasks:

a) Safe management under the regulation of the International Code of Safety Management-ISM Code if the business of shipping international routes;

b) Maritime security pursues to the international Code of Marine Security and Wharf-ISPS Code if the international shipping business;

c) Operation marine exploitation and implementation of the legal work of the business according to the regulation of the law.

3. The person appointed to hold the position in charge of the shipping field must have a university degree in terms of one of the maritime, foreign, commercial, or economic majors and must have a working experience in the field of marine mining for the minimum of 3 years.

4. The person appointed to hold a position in charge of the safety management system, security must have a work experience in the field of maritime mining management for a minimum of 2 years; training, training, and certification only in accordance with regulation.

5. The person appointed to hold a position in charge of a business law must have a university degree in law majors and must have work experience in the field of minimum law for 2 years.

6. Have the minimum capital or property equivalent to 20 (twenty) billion dollars if the international sea transport business and 05 (year) billion dollars if the domestic sea transport business.

What? 6. Profile of the Marine Transport Business License

The profile of granting a license to the Marine Transport Business License includes:

1. The application of the license to license the shipping business under Form 01 rules at the Appendix of this Decree.

2. Business Registration Certificate (Certificate copy).

3. The list of titles accompanied by a peer-to-peer record specifies the time of the experience of each title and equal, the relevant certificate of the specified positions at Clause 3, 4 and 5 Article 5 of this decree.

4. The document confirms the capital or value of the enterprise assets of the financial agency or the competent audit body of the credit organization (the main version) with the bail value and the bail deadline in accordance with the minimum asset value of the company. The duration and duration of the license.

What? 7. Marine Transport Business License

1. Enterprise offers a license to license the shipping business to send 1 direct files directly or through the postal system to the Vietnam Maritime Service.

2. Vietnam Maritime Service received the profile. The case case received through the postal system was missing or not valid, for a 2-day period of work since the date of the filing, the Bureau of Vietnam announced that the contents should be added, modified. The case case is directly received, the profile handles must check and inform the person that the contents need additional, modified; if the file is full, the certificate level is given to the applicant.

3. During the period 05 (year) day of work, since the date of the receiving of valid records, the Vietnam Maritime Service appraisal records, granting the shipping business licenses and paying results directly or through the postal system.

In the absence of a Marine Transport Business License, the Vietnam Maritime Service must respond in writing and specify a reason.

4. The shipping business license is in effect 05 (five) years from the date of the grant. The contents of the Marine Transport Business License by Form 02 specified at the Appendix of this Decree.

What? 8. Level the Marine Transport Business License

The license for marine transport business is reissued in the following cases:

1. The case of the sea transport business license expires:

a) A minimum of 01 months before the Marine Revenue Business License expires, the business must take the procedure to be granted a license again;

b) The business case without the change of content in the filing of the previous license-issued request, the record offers a license to grant the license to include: The application of the license to the Marine Transport Business License under Form 01 rules at the Appendix of this Decree and Paper. Old shipping business.

The reorder of the Marine Transport Business License implemented as specified in Article 7 of this decree;

c) The business case has a change in the content in the filing of a previous license-grade license, records and reorder of the Marine Transport Business License implemented in accordance with Article 6 and Article 7 of this decree.

2. The case of a lost or damaged sea transport business license cannot continue to be used:

a) The shipping business business pays directly or sent through the postal system to the Vietnam Maritime Service South China Department of filings offering a grant of the Marine Transport Business License.

The profile included: The application to grant a license to the Marine Transport Business License under Form 01 stipulated at the Appendix of this Decree and the Old Sea Transport Business License (in the case of damaged sea transport business license);

b) Vietnam Maritime Service received the profile. The case case received via a postal system was not valid, for a 2-day period of work since the date of adoption, the Vietnamese Maritime Service reported that the content needed additional, modified. The case case is directly received, the profile handles must check and inform the person that the contents need additional, modified; if the file is full, the certificate level is given to the applicant;

c) During the time of 3 (three) working days, since the date of the receiving of valid records, the Vietnam Maritime Service appraisal records and licenses; the case does not issue a license, must respond in writing and specify the reason.

3. The case of a sea transport business license is also valid but the business that changes the relevant content expressed in the Marine Transport Business License has been granted:

a) The marine shipping business of shipping 1 sets of records offer to grant a license to the Marine Transport Business License includes the application of a license to the Marine Transport Business License under Form 01 stipulated at the Appendix of this Decree and documents, related papers, etc. The content changed;

b) During the time of 3 (three) days of work, since the date of the validity of the validity of the validity of the business in accordance with the stipulation at this point of paragraph, the Republic of Vietnam Maritime Service granted the license again; the case is not granted, it must be reported in writing and specifies the reason.

4. The duration of the Marine Transport Business License is reissued in case of regulation at Clause 2, 3 This does not exceed the validity deadline of the license that was granted earlier.

What? 9. The procedure to revoking the shipping business license

The license for the shipping business was no longer effective when it was decided to recover the state agency's authority. The procedure for the recovery of the Marine Transport Business is performed as follows:

1. The business of violating business conditions under the rule of law or intentionally falloin information in the filing of a license to grant the license to the shipping business, Vietnam Department of Maritime Affairs decided to revoking the license of the shipping business. granted the business under the recommendation of the authority of the competent organ for the handling of the relevant administrative violation.

2. The case of a business that was bankrupt or dissolved, the Vietnam Maritime Service issued a decision to revoking the license of the shipping business that granted the state agency the decision to decide whether the state agency had jurisdiction over bankruptcy or dissolving the business.

3. The procedure of revoking the shipping business license at the suggestion of the shipping business business is done as follows:

a) The business sent directly or through the postal mail system proposed to the Vietnam Maritime Service accompanied by the Marine Transport Business License was granted prior to that;

b) During the time of 3 (three) days of work, since the date received the recommended text, the Vietnam Maritime Service made the decision to revoking the shipping business license to the business.

4. Vietnam Maritime Service informs the agencies and announces business information revoked on the Vietnam Maritime Service's electronic information site. During the period (05) five days, since the date received the decision to recall, the shipping business business must submit a Marine Transport Business License to the Vietnam Maritime Service, directly submitted or sent through the postal system.

Chapter III

MARINE TRANSPORT SUPPORT SERVICES BUSINESS

Item 1

OCEAN TRAIN DEALERSHIPS

What? 10. Marine dealership service business

1. Organization, individual business business personnel in Vietnam must establish a business under the rule of law.

2. Have a business register for the marine dealership service.

3. The business has to be in charge of the implementation of the marine and enterprise ship dealership service.

4. The holder of the position in charge of the field of marine dealerships must be experienced in the service of the minimum sea ship dealerships 02 (two) years.

5. Marine dealerships must be Vietnamese citizens, with a university degree from one of the major maritime, foreign, commercial, or economic majors.

6. The head of the business law must have a university degree in law and must have work experience in the field of minimum law 02 (two) years.

What? 11. The condition of maintaining marine ship dealership service business

1. There is a contract insurance policy that is responsible for a marine service or with equal financial guarantee.

2. There is a train dealership contract for each specific train or in a specific deadline.

What? 12. Conditions on the capital of the organization, the foreign individual business of marine ship dealerships

The organization, the foreign individual who was founded by the company's business venture capital firm, of which foreign investor's capital was not exceeding 49% of the total cost of the business.

Item 2

TRAIN HYBRID SERVICE

What? 13. Hybrid service business conditions

1. Organization, the business individual who leads ships in Vietnam must establish a business in accordance with the provisions of the law.

2. Have business regionships in the marine service.

3. The business has to be in charge of performing a hybrid train and business enforcement services.

4. The person appointed to hold the position in charge of the sea crossing must be experienced in the minimal sea train hybrid operation of 2 (two) years.

5. The person in charge of the business law must have a degree in law degree or equivalent and must have work experience in the field of minimum law 02 (two) years.

6. There are a minimum of 2 (two) dedicated hybrid vessels.

What? 14. Conditions of maintaining Iai operations lead ship

1. Have a career-based service liability insurance or equivalent guarantee.

2. There is a contract to cross the ship to each particular train or in a specific deadline.

What? 15. The condition of the organization ' s capital, the foreign individual of the hybrid ship service business

The organization, the foreign individual who was founded by the company's business venture capital company, in which foreign investor's capital contributions did not exceed 49% of the business's total capital.

Chapter IV

EXECUTION CLAUSE

What? 16. The transition clause

1. The business is operating business in the marine transport sectors, ocean shipping services, or sea-ship hybrid services ahead of the date of this Decree which is in effect, and continues to do business.

2. During the period of 05 (five) years from the date of this Decree to effect, the business stipulated at clause 1 This must fully meet the conditions specified at this decree.

What? 17.

This decree has the enforcement effect since July 1, 2014 and replaces the Protocol No. 1. 115 /2007/NĐ-CP July 5, 2007 of the Government on the terms of the shipping business conditions.

What? 18.

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 and the organizations, the individual is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung