CIRCULAR guide implementation of Decree No. 40/1998-10/ND-CP dated May 6, 1998 of the Government about the business of shipping companies, private enterprises, on 10 June 1998, the Government issued Decree No. 40/1998-ND-CP on trading of sea transport companies, private enterprises;
The base article 17 of the Decree, the Ministry of transport of specific instructions some content as follows: i. SHIPPING BUSINESS LICENSES: 1. With respect to the company, the business established: a. Please base shipping business conditions on the domestic shipping or international shipping routes to the provisions in article 5 and article 6 of Decree No. 40/1998/ ND-CP of the Government (hereinafter collectively referred to as the Decree), organization, company or individual private enterprise shipping business must prepare and submit to the provincial people's Committee, where the headquarters to the provincial people's Committee had reviewing text send The transportation proposal allows shipping business. Profile includes: a company profile, private business under the provisions of the Company Law or business law. Including the business plan and the Charter (for the company) or business projects (for private companies).
The text of the provincial PEOPLE'S COMMITTEE Ministry of transportation suggested approved shipping business licenses;
The minutes of which were Council members through the company, which clearly the Monetary Fund, capital contributed by the value of the property (for the company) or certificate of the Bank on the amount of foreign currency, gold, Vietnam of business owners and the minutes of Board of property valuation initial investment in kind of home business be certified by notary home (for private companies). This is lower than the capital of capital specified in article 5 or article 6 of the Decree;
Identifications of the trading company's Office, private business;
A copy of the certificate of the foreign language expertise and management, business operations and Chief Accountant of the State administrative agency or state-certified in accordance with the law;
Curriculum vitae of the Manager, business operations of local government.
b. procedures and approval process allows your business, licensing and business registration for shipping companies or private businesses to follow the provisions of article 8 of the Decree.
2. for companies, private business was allowed to sea transport business hinterland maritime routes, additional business lines now shipping international maritime routes: a. base shipping business conditions the international maritime routes specified in article 6 and article 10 of Decree , company, private enterprise has allowed shipping business domestic establishment provincial PEOPLE'S COMMITTEE sent home to Headquarters, to the provincial PEOPLE'S COMMITTEE had reviewing and writing Ministry of transportation allows.
The records include: text of provincial Ministry of transportation suggested approved additional shipping business international maritime routes;
A copy of valid license company or private enterprises and the business registration certificate of the competent authority;
Additional application to maritime transport industry international maritime routes accompanied by business plans and corporate Charter revised (for the company) or business projects (for private companies).
The minutes of which were Council members through the company, which clearly the Monetary Fund, capital contributed by the value of the property (for the company) or certificate of the Bank on the amount of foreign currency, gold, Vietnam of business owners and the minutes of Board of property valuation initial investment in kind of home business be certified by notary home (for private companies). This is lower than the capital of capital specified in article 6 of the Decree;
Identifications of the trading company's Office, private business;
A copy of the certificate of the foreign language expertise and management, business operations and Chief Accountant of the State administrative agency or state-certified in accordance with the law;
Curriculum vitae of the Manager, business operations of local government;
The text of the financial agencies have the authority to confirm the implementation of the financial obligations for the State in the previous financial year, the company's private business.
b. additional approval process industry ocean shipping international maritime route for companies, private businesses made under the provisions of article 8 of the Decree.
3. professional proficiency, language provisions in article 5 and article 6 of the Decree: a. the professional level of the Manager, administration operations are: high school graduation or more seafarers and has seniority working in the shipping industry from 3 years upwards for the transport business on domestic maritime routes. 5 years or more for international maritime coastal routes;
Graduate of seafarers and has seniority working in the shipping industry from 5 years or for international maritime routes and international maritime route near the ocean.
b. English level necessary for the operation of sea transport business on international maritime routes was the English level equal to B back up to normal transactions and handle are in English for the text in the transport business, such as invoices, vouchers , letter, telegram etc. with regard to international maritime routes and coastal with the C back-up for international maritime routes and international maritime route near the ocean.
 
II. level of MARITIME ACTIVITY "license": 1. All private boat as defined in article 2 of the Decree (hereinafter referred to as the train of the sea) would like to transport operations on the maritime routes are to be granted the "maritime" activity permit form attached to this circular.
The ship due to companies, private enterprises to hire business, mining business suits and the ship was registered in the "national ship registry" also applied as ships owned by the company, private business.
2. "the maritime operation licenses" ship is granted on the basis of the technical safety conditions, boat insurance, and the business registration certificate of the shipowner as defined in article 10 of the Decree.
3. "maritime operations license" does not substitute for the type of the certificate about the State of engineering and ship agency divisions of Vietnam register or the register Agency was Vietnam authoritative registry Agency (hereinafter referred to as the Agency posted the check) check and give the ship.
4. "maritime operations permit" provided only for the company, private enterprise had the task of shipping business functions on the maritime routes to operate according to the provisions of article 4 of the Decree, are specified as follows: domestic maritime Route for the vessel register agencies check , hierarchy and the certificate that signs the limited operation III (there may be more limited distance specified in brackets behind the active region restriction signs).
International maritime route near the sea for sea vessels are register authorities check, hierarchy and granted the certificate of the limited signs active region II or the train has limited signs active region III has recorded specific maritime routes match the ship level.

International maritime route near for the ships to be register agency check, hierarchy and granted the certificate that signs the limited activity I.
International maritime routes by ocean for the ship be register agency check, hierarchy and the active certificate in unrestricted waters.
5. The duration of the "marine operations" license: "license term of maritime activities" was issued for each vessel must conform with the provisions of article 10 of the decree but must not exceed the time limit stated in the "certificate of sea-going capability" of the register by the Agency.
6. procedure for granting "permits the maritime activities" for the ship to comply with the provisions of article 11 of the Decree.
7. Vietnam Maritime Bureau level "of maritime activity licenses" ship at sea. In case of need, the Vietnam Maritime Bureau may authorize a subordinate Administration made, but still have to take responsibility for the grant.
 
III. MARITIME TRANSPORT BUSINESS LICENSE for COMPANIES, PRIVATE BUSINESSES and PRIVATE SHIPS are MARITIME TRANSPORT BUSINESS FROM BEFORE the DATE of the DECREE in FORCE: 1. All companies, private businesses and private ships are maritime transport business from the front on 25/6/1998 must please shipping business license under the provisions of the Decree.
The deadline to apply for a business license of sea transport as specified in article 17 of the decree is 365 days from the date of 25/6/1998.
Following on 25/6/1999, if the corporate, private and business ship said in this section do not redo the procedure according to the provisions of the decree will be handled according to the current law.
2. Application for business license for the shipping company, said private enterprise in this part include the papers as specified in section 2 of part I of the circular.
3. procedures for maritime transport business for companies, private enterprises:-provincial PEOPLE'S COMMITTEE to send dispatches and records to the Department of transportation proposed approved shipping business licenses for companies, private enterprises;
The provincial PEOPLE'S COMMITTEE-based approval or disapproval of sea transport business license for companies, private enterprises to hold or add or cancel the license of company formation, private business.
4. the grant of "operating licences" for maritime ships: a. Vietnam Maritime Bureau based on the papers specified in part II of the circular to the level of "license to operate" for maritime shipping.
b. in the case of provincial PEOPLE'S COMMITTEES hold license companies, private enterprises, the Vietnam Maritime Bureau bases the papers specified in part II of the circular and the written approval of the Department of transportation allowed the company, private enterprise sea transport business , to grant "the maritime operation licenses" ship at sea.
IV. IMPLEMENTATION: 1. This circular takes effect after 15 days from the date of signing.
2. the Chairman of the province, central cities, the Service staff functions, heads of specialized Management Bureau, Director of the Department of transport (Department of transport) and the organizations and individuals concerned is responsible for implementation of this circular.
 
The MINISTRY OF TRANSPORT of the REPUBLIC of VIETNAM'S SOCIALIST VIETNAM MARITIME BUREAU independence-freedom-happiness of MARITIME ACTIVITY LICENSES............ (ACCORDING to article 4 of the ND)
DIRECTOR GENERAL NAVAL base no. 40/1998/ND-CP dated 10 June 1998 from the Government about the business of shipping companies, private enterprises;
Pursuant to circular No. 253/1998/TT-BGTVT on 15 August 1998 by the Minister of transport;
The base license company, private business............. the people's committees of provinces and cities ..........; The base Business of...........................;
 
The DECISION to allow ship:................. Hô hiệu:..........................
Length: ... .... (m), width ... .... (m), beam ... ... (m), total volume:........ (GRT), the capacity of main machine:........ (CV)
Của..............................................................
Trụ sở giao dịch:................................................
Tel:............................... Fax:......................... Allowed to operate on the route: ..................................
Purpose of activity: business transport goods by sea this licence is valid from the day................................., on May .... in........
 
VIETNAM MARITIME BUREAU CHIEF:........../GP-CHHVN