Nghị định 69/2022/NĐ-CP sửa đổi các Nghị định quy định liên quan đến hoạt động kinh doanh trong lĩnh vực hàng hải

DECREE

PROVIDING AMENDMENTS TO DECREES ON BUSINESS OPERATIONS IN MARITIME SECTOR

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

At the request of the Minister of Transport of Vietnam;

The Government promulgates a Decree providing amendments to decrees on business operations in maritime sector.

Article 1. Amendments to the Government’s Decree No. 70/2016/ND-CP dated July 01, 2016 and the Government’s Decree No. 147/2018/ND-CP dated October 24, 2018

1. Point a and Point c Clause 2 Article 19 of Decree No. 70/2016/ND-CP are amended as follows:

a) Point a Clause 2 Article 19 is amended as follows:

“a) A maritime pilotage company shall, directly or by post or via the online public service system or in any other appropriate form, submit the application including the documents prescribed in Clause 1 of Article to Vietnam Maritime Administration;”

b) Point c Clause 2 Article 19 is amended as follows:

“c) If the application which is submitted by post or via the online public service system or in any other appropriate form is inadequate, Vietnam Maritime Administration shall, within 02 working days from the receipt of the application, send a written request for modification of the application in which reasons for the modification must be indicated, by post or via the online public service system or in any other appropriate form, to the applicant;”

2. The phrase “tối thiểu 05 năm” (“at least 05 years”) is replaced with the phrase “tối thiểu 03 năm” (“at least 03 years”) in Clause 2 Article 5, Clause 2 Article 6, Clause 2 Article 7, Clause 2 Article 8, Clause 2 Article 10, Clause 2 Article 11, Clause 2 Article 12, Clause 1 Article 14, Article 16 of the Decree No. 70/2016/ND-CP as amended in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 9 and Clause 11 Article 2 Decree No. 147/2018/ND-CP.

Article 2. Amendments to the Government’s Decree No. 37/2017/ND-CP dated April 04, 2017

1. Clause 1 and Clause 3 Article 10 are amended as follows:

a) Clause 1 Article 10 is amended as follows:

“1. In order to be issued with the certificate of eligibility for seaport operation (hereinafter referred to as “eligibility certificate”), the port enterprise (hereinafter referred to as “applicant”) shall, directly, by post or via the online public service system or in any other appropriate form, submit an application to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 01 in the Appendix enclosed herewith;

b) The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the enterprise registration certificate;

c) The list of title holders and their employment contracts accompanied with certified true copies or copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of degrees, diplomas or certificates of title holders as prescribed in Clause 2 Article 6 of this Decree;

d) The original or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the applicant’s seaport operation plan.”

b) Clause 3 Article 10 is amended as follows:

“3. Within 07 working days from the receipt of an adequate and valid application, Vietnam Maritime Administration shall verify the received application, issue and send the eligibility certificate directly or by post or via the online public service system or in any other appropriate form to the applicant; if an application is refused, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

2. Clause 2 Article 11 is amended as follows:

“2. The applicant (i.e. the port enterprise) shall, directly, by post or via the online public service system or in any other appropriate form, submit an application for reissuance of the eligibility certificate to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 01 in the Appendix enclosed herewith;

b) The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the enterprise registration certificate (if there are changes in information about the port enterprise);

c) The original or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the applicant’s seaport operation plan (if there are changes in information about location, scale or functions of the seaport).”

3. Clause 4 Article 11 is amended as follows:

“4. Within 03 working days from the receipt of an adequate and valid application, Vietnam Maritime Administration shall examine the received application, re-issue and send the eligibility certificate directly or by post or via the online public service system or in any other appropriate form to the applicant; if an application is refused, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

4. Contents of the documents enclosed with Form No. 01 in the Appendix prescribing forms of documents used in seaport operation enclosed with the Decree No. 37/2017/ND-CP are amended as follows:

“Attached documents:

1. The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the enterprise registration certificate (in case of application for issuance of the eligibility certificate or in case of application for re-issuance of the eligibility certificate with regard to changes in information about the port enterprise)

2. The list of title holders and their employment contracts accompanied with certified true copies or copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of degrees, diplomas or certificates of such title holders as prescribed (in case of application for issuance of the eligibility certificate).

3. The original or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the applicant’s seaport operation plan (in case of application for issuance of the eligibility certificate or in case of application for re-issuance of the eligibility certificate with regard to changes in information about location, scale or functions of the seaport).”

Article 3. Amendments to Government’s Decree No. 29/2017/ND-CP dated March 20, 2017

1. Clause 1 Article 13 is amended as follows:

“1. The seafarer recruitment and placement service provider shall, directly, by post or via the online public service system or in any other appropriate form, submit an application to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 04 in the Appendix enclosed herewith;

b) The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the license to send seafarers to work abroad or license to supply or outsource seafarers to work onboard ships in the form of labour supply or outsourcing or guest worker program as prescribed by law;

c) The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the Certificate of conformity with ISO 9001 quality management system and Regulation 1.4 of the MLC Convention on seafarer recruitment and placement services.”

2. Clause 2 Article 14 is amended as follows:

“2. The seafarer recruitment and supply service provider shall, directly, by post or via the online public service system or in any other appropriate form, submit an application for reissuance of the Certificate to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 04 in the Appendix enclosed herewith;

b) The certified true copy or copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the enterprise registration certificate (if there are changes in information about the port enterprise);

c) The original of the Certificate (if the Certificate is expired or otherwise damaged).

Within 03 working days from the receipt of the application, Vietnam Maritime Administration shall re-issue and send the Certificate directly or by post or via the online public service system or in any other appropriate form to the applicant; if an application is refused, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

3. Form 04 in the Appendix enclosed with the Decree No. 29/2017/ND-CP is replaced with Form 04 in the Appendix enclosed herewith.

Article 4. Amendments to the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017

1. Clause 1 and Clause 3 Article 6 are amended as follows:

a) Clause 1 Article 6 is amended as follows:

“1. Before approving the investment project, the investor shall submit an application for agreement on locations and detailed technical specifications of the seaport, port, wharf or navigational channel, directly or by post or via the online public service system or in any other appropriate form to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 01 enclosed herewith;

b) The copy or electronic copy of the written approval for investment guidelines given by a competent authority as prescribed in Clause 4 Article 4 of this Decree;

c) The original or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the drawing of the structure that shows the coordinates of the location of main structure and other auxiliary structures, the distance from the structure boundary to the adjacent structures;

d) The copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of legal documents about the land area for the project (specifying the coordinates of the boundary of the land area);

dd) The copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of written opinions given by competent authorities about fire prevention and fighting measures for structures that require fire safety distances from adjacent structures.

b) Clause 3 Article 6 is amended as follows:

“3. Within 03 working days from the receipt of adequate opinions from relevant authorities about the investor’s application, the Vietnam Maritime Administration shall prepare and send a written agreement on location and detailed technical specifications, directly or by post or via the online public service system or in any other appropriate form to the investor. If an application is refused, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

2. Clause 4 Article 7 is amended as follows:

 “4. For the project on construction of the structures that intersect seaport waters and navigational channels or that affect maritime operations, such as bridges, power lines, cable cars, underground structures and other similar structures, upon his/her proposal for the project, the investor shall, directly or by post or via the online public service system or in any other appropriate form, submit a written request to the Vietnam Maritime Administration for its opinions about the necessity, expected location and scale, vertical clearance and depth of the structure.

Within 05 working days from the receipt of the written request for opinions and the copy of overall contour map of the site, the Vietnam Maritime Administration shall send a written response specifying the requirements that need to be satisfied to ensure maritime safety and security, and prevent environmental pollution, directly or by post or via the online public service system or in any other appropriate form to the investor. In case of refusal, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

3. Clause 5 Article 13 is amended as follows:

“5. Procedures for request for announcement of the first use of a navigational channel: After the re-investment, adjustment, expansion or upgrade of the navigational channel is completed, the investor or project management organization shall submit an application, directly or by post or via the online public service system or in any other appropriate form, to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 04 in the Appendix enclosed herewith;

b) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the record of the commissioning of the completely constructed structure, enclosed with the as-built drawing of the navigational channel and aids to navigation system that are invested according to the project;

c) The copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of procedures for operation of a navigational channel, including: channel standards, aids to navigation system, design specifications of the ship and other specific conditions for operation;

d) The copies accompanied with their originals for verification purpose or electronic copies or electronic copies from the master registers or certified true electronic copies of the originals of the notice to mariners about the technical specifications of the navigational channel, enclosed with the contour map of the navigational channel; the notice to mariners about the aids to navigation system that is invested according to the project; the commissioning record signed by the investor and competent organization on the results of survey of obstacles on the bottom of the navigational channel and associated waters.

Within 03 working days from the receipt of the application as prescribed in this Clause, Vietnam Maritime Administration shall announce the first use of the navigational channel as prescribed. In case of refusal, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

4. Clause 1 and Clause 4 Article 14 are amended as follows:

a) Clause 1 Article 14 is amended as follows:

“1. After the construction of a port, wharf, floating terminal, or dedicated waters is completed, the investor shall submit an application for announcement of the opening of a port, wharf, floating terminal, or dedicated waters, directly or by post or via the online public service system or in any other appropriate form, to Vietnam Maritime Administration.”

b) Clause 4 Article 14 is amended as follows:

“4. Procedures for receiving and processing an application: Vietnam Maritime Administration shall receive the application. If the application is invalid, within 03 working days from the receipt of the application, Vietnam Maritime Administration shall provide guidelines for completion of the application as prescribed in this Decree. If the application is valid, within 03 working days from the receipt of the application, Vietnam Maritime Administration shall issue the decision on announcement of the opening of a port, wharf, floating terminal, or dedicated waters, using Form No. 07 provided in the Appendix enclosed herewith, and send it directly or by post or via the online public service system or in any other appropriate form to the investor.”

5. Point a Clause 2 Article 17 is amended as follows:

“a) The investor or the regional Maritime Administration shall submit an application form which is made using the Form No. 10 provided in the Appendix enclosed herewith, directly or by post or via the online public service system or in any other appropriate form, to Vietnam Maritime Administration;”

6. Clause 1 Article 40 is amended as follows:

“1. The applicant (organization or individual) shall, directly or by post or via the online public service system or in any other appropriate form, submit an application to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 15 provided in the Appendix enclosed herewith;

b) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the technical design of the the aids to navigation;

c) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the chart showing coordinates of the aids to navigation.”

7. Clause 1 Article 41 is amended as follows:

“1. The investor shall, directly or by post or via the online public service system or in any other appropriate form, submit an application to Vietnam Maritime Administration. The application includes:

a) The application form made using Form No. 16 in the Appendix enclosed herewith;

b) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the record of commissioning and transfer;

c) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the contour map of obstacles found on the newly constructed navigational channel route that is carried out by a unit licensed to measure and survey. This unit shall assume the joint responsibility with the investor for legality of the survey documents;

d) The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the notice to mariners about the establishment of new aids to navigation.”

8. Point b Clause 3 Article 75 is amended as follows:

“b) Vietnam Maritime Administration shall receive the application. If the application is invalid, within 02 working days from the receipt of the application, Vietnam Maritime Administration shall provide guidelines for completion of the application as prescribed in this Decree. If the application is valid, within 07 working days from the receipt of the application, Vietnam Maritime Administration shall give a written response and send it directly or by post or via the online public service system or in any other appropriate form to the applicant; if an application is refused, Vietnam Maritime Administration shall give a written response in which reasons for such refusal shall be indicated.”

9. The phrase “hoặc gửi bằng hình thức phù hợp khác” (“or in any other appropriate form” is replaced with the phrase “hoặc gửi qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc bằng hình thức phù hợp khác” (“or directly or by post or via the online public service system or in any other appropriate form”) in Point a Clause 3, Point a Clause 5 Article 25; Point a Clause 3 Article 75.

10. The phrase “và gửi văn bản cho chủ đầu tư qua hệ thống bưu chính hoặc chủ đầu tư nhận trực tiếp tại Cục Hàng hải Việt Nam” (“and send it to the investor by post or the investor shall receive it directly at the office of Vietnam Maritime Administration”) is replaced with the phrase “và gửi trực tiếp hoặc qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc bằng hình thức phù hợp khác đến chủ đầu tư” (“and send it directly or by post or via the online public service system or in any other appropriate form to the investor”) in Point b Clause 3, Clause 4, Point b Clause 5 Article 25.

11. The phrase “và gửi cho người đề nghị thông qua hệ thống bưu chính hoặc người đề nghị đến nhận trực tiếp tại Cục Hàng hải Việt Nam” (“and send it to the applicant by post or the applicant shall receive it directly at the office of Vietnam Maritime Administration”) is replaced with the phrase “và gửi trực tiếp hoặc qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc nhận bằng hình thức phù hợp khác đến tổ chức, cá nhân đề nghị” (“and send it directly or by post or via the online public service system or in any other appropriate form to the applicant”) in Point b Clause 2 Article 17.

Article 5. Amendments to Government’s Decree No. 05/2017/ND-CP dated January 16, 2017

1. Clause 1 Article 13 is amended as follows:

“1. An application for approval of the salvage plan shall be submitted directly or by post or via the online public service system or in any other appropriate form to the competent authority prescribed in Article 12 of this Decree.”

2. Clause 3 Article 13 is amended as follows:

“3. If the application is invalid, within 02 working days from the receipt of the application, the authority competent to give approval for the salvage plan shall instruct the applicant to complete the application in accordance with regulations of this Decree. If the application is valid, within 10 working days from the receipt of the application, the authority competent to give approval for the salvage plan shall make and send the written approval for the salvage plan directly or by post or via the online public service system or in any other appropriate form to the applicant. If an application is refused, a written response specifying the reasons thereof shall be given to the applicant.”

Article 6. Effect

1. This Decree comes into force from October 30, 2022.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of Provincial People’s Committees shall be responsible for guidance on and implementation of this Decree.