Nghị định số 74/2023/NĐ-CP sửa đổi Nghị định quy định liên quan đến phân cấp giải quyết thủ tục hành chính trong lĩnh vực hàng hải

DECREE

AMENDMENTS TO DECREES PRESCRIBING DIVISION OF AUTHORITY TO HANDLE ADMINISTRATIVE PROCEDURES 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 environmental protection dated November 17, 2020;

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 prescribing division of authority to handle administrative procedures in maritime sector.

Article 1. Amendments to Government’s Decree No. 58/2017/ND-CP dated May 10, 2017, as amended by Government’s Decree No. 69/2022/ND-CP dated September 23, 2022

1. Clauses 2 and 5 are amended, and Clause 5a is added following Clause 5 Article 39 as follows:

a) Clause 2 Article 39 is amended as follows:

“2. Maritime safety enterprises shall assume responsibility for timely establishment of aids to navigation for irregular maritime safety services and immediately submit reports on such establishment to Vietnam Maritime Administration and the local port authority. The establishment of aids to navigation for irregular maritime safety services shall be exempted from procedures for granting permission for establishment of aids to navigation in Article 40 and procedures for putting aids to navigation into operation in Article 41 but is subjected to procedures for issuance of notices to mariners about establishment of new aids to navigation.”

b) Clause 5 Article 39 is amended as follows:

“5. Before establishing the aids to navigation, the organizations and individuals specified in Clause 3 of this Article are required to obtain approval, from the local port authority or Vietnam Maritime Administration, of the location, scale and type of the aids to navigation as prescribed in Article 40 of this Decree.”

c) Clause 5a is added following Clause 5 Article 39 as follows:

“5a. The establishment of aids to navigation under construction investment projects as agreed upon in writing by maritime authorities or approved under maritime safety assurance plans shall not be subjected to procedures for granting permissions in Article 40 of this Decree.”

2. Article 40 is amended as follows:

“Article 40. Procedures for granting permission for establishment of aids to navigation

1. An application submitted for granting permission for establishment of aids to navigation 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 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 and coordinates of the aids to navigation.

2. If the aids to navigation are to be established within seaport waters, an application shall be submitted directly or by post or via the online public service system to the relevant port authority.

The port authority shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in this Decree within 02 working days upon its receipt of the application. If the application is valid, within 05 working days from the receipt of the application, the port authority shall give a written permission for establishment of aids to navigation. In case of refusal, a written response indicating reasons for its refusal shall be given.

3. If the aids to navigation are to be established outside seaport waters or both within and outside seaport waters or within seaport waters under jurisdiction of different port authorities, an application shall be submitted directly or by post or via the online public service system to Vietnam Maritime Administration.

Vietnam Maritime Administration shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in this Decree within 02 working days upon its receipt of the application. If the application is valid, within 05 working days from the receipt of the application, Vietnam Maritime Administration shall give a written permission for establishment of aids to navigation. In case of refusal, a written response indicating reasons for its refusal shall be given.”

3. Article 41 is amended as follows:

“Article 41. Procedures for putting aids to navigation into operation

1. An application for approval for putting aids to navigation into operation 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.

2. If the aids to navigation are to be established within seaport waters, the investor shall submit an application directly or by post or via the online public service system to the relevant port authority.

The port authority shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in this Decree within 02 working days upon its receipt of the application. If the application is valid, within 05 working days from the receipt of the application, the port authority shall issue a decision to put aids to navigation into operation. In case of refusal, a written response indicating reasons for its refusal shall be given.

3. If the aids to navigation are to be established outside seaport waters or both within and outside seaport waters or within seaport waters under jurisdiction of different port authorities, the investor shall submit an application directly or by post or via the online public service system to Vietnam Maritime Administration.

Vietnam Maritime Administration shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in this Decree within 02 working days upon its receipt of the application. If the application is valid, within 05 working days from the receipt of the application, Vietnam Maritime Administration shall issue a decision to put aids to navigation into operation. In case of refusal, a written response indicating reasons for its refusal shall be given.”

4. Point a Clause 2 Article 99 is amended as follows:

 “a) Documents to be submitted (originals), 01 original for each, including (Forms provided in the Appendix enclosed herewith): General Declaration (for inland waterway ships) made using Form No. 59, Crew List (for inland waterway ships) made using Form No. 60, Passenger List (for the passenger ships) made using Form No. 61, and Port Clearance Certificate;”

5. Point a1 is added following Point a Clause 2 Article 100 as follows:

“a1. Crew list (if there are any changes) made using Form No. 60;”

6. Clause 3 Article 110 is amended as follows:

“3. Before granting permission for aquaculture activities to be conducted within seaport waters, a competent licensing authority, as defined in the Law on Fisheries, shall be required to seek opinions from the relevant local port authority.”

7. Forms No. 42, 43, 44, 47, 48, 57 and 58 in the Decree No. 58/2017/ND-CP are replaced with Forms No. 42, 43, 44, 47, 48, 57 and 58 in Section 1 of the Appendix enclosed herewith.

Article 2. Amendments to Government’s Decree No. 38/2017/ND-CP dated April 04, 2017

1. Clause 3 Article 22 is amended as follows:

“3. Procedures for operational suspension or closure of a dry port

a) The organization or individual that wishes to suspend operation or close a dry port shall submit an application directly or by post or via the online public service system to Vietnam Maritime Administration. The submitted application includes a declaration form for operational suspension or closure of a dry port which is made using Form No. 04 in the Appendix enclosed herewith;

b) Within 05 working days after its receipt of the application, Vietnam Maritime Administration shall issue a decision to announce the operational suspension or closure of the dry port which is made using Form No. 05 in the Appendix enclosed herewith. In case of refusal, a written response indicating reasons for its refusal shall be given.”

2. Article 24 is amended as follows:

“Article 24. Procedures for renaming of dry ports

1. The investor or the operator of the dry port shall submit a declaration form, which is made using Form No. 06 in the Appendix enclosed herewith, directly or by post or via the online public service system to Vietnam Maritime Administration.

2. Vietnam Maritime Administration shall receive and check the validity and rationality of the declaration form, and shall, if the declaration form is invalid or the new name of the dry port is irrational, provide guidelines for the applicant to complete their declaration form within 02 working days upon its receipt of the declaration form.

3. If the declaration form is valid, within 03 working days from the receipt of the declaration form, Vietnam Maritime Administration shall issue a decision to rename the dry port. In case of refusal, a written response indicating reasons for its refusal shall be given.”

3. Forms No. 04, 05 and 06 in the Appendix enclosed with the Decree No. 38/2017/ND-CP are replaced with Forms No. 04, 05 and 06 in Section 2 of the Appendix enclosed herewith.

Article 3. Amendments to Government’s Decree No. 29/2017/ND-CP dated March 20, 2017, as amended by Government’s Decree No. 69/2022/ND-CP dated September 23, 2022, coming into force from October 30, 2022

1. Clause 4 and Clause 6 Article 3 are amended as follows:

a) Clause 4 is amended as follows:

“4. Certificate of compliance of maritime training center for seafarers’ training (hereinafter referred to as “certificate of compliance” means a document issued by the Director General of Vietnam Maritime Administration to an organization that is in full compliance for providing seafarer training courses.”

b) Clause 6 is amended as follows:

“6. Certificate of endorsement for seafarer recruitment and placement service providers (hereinafter referred to as “certificate of endorsement”) means a document issued by the Director of a Branch of Vietnam Maritime Administration to a seafarer recruitment and placement service provider for certifying its compliance with regulations on seafarer recruitment and placement of MLC Convention.”

2. Article 7 is amended as follows:

“Article 7. Issuance of certificates of compliance

1. Director General of Vietnam Maritime Administration shall issue certificates of compliance in accordance with regulations herein.

2. The organization that wishes to provide seafarer training (applicant) shall submit an application directly or by post or via the online public service system to Vietnam Maritime Administration. Such an application includes:

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

b) A certified true copy or copy from the master register or copy accompanied with its original for verification purpose or electronic copy from the master register or certified true electronic copy of the original of the applicant’s establishment decision or decision to grant permission for establishment;

c) The original report on fulfillment of requirements for seafarer training which is made using Form No. 02 in the Appendix enclosed herewith.

3. Vietnam Maritime Administration shall receive the application and, if the received application is invalid, provide written guidelines for completion of the application as prescribed in this Decree within 03 working days upon its receipt of the application. If the application is valid, within 15 working days from its receipt of the application, Vietnam Maritime Administration shall conduct a verification visit and then issue a certificate of compliance using Form No. 03 in the Appendix enclosed herewith. In case of refusal, a written response indicating reasons for such refusal shall be given.”

3. Clause 2 and Clause 3 Article 8 are amended as follows:

“2. The training institution shall submit an application form for re-issuance of the certificate of compliance, which is made using Form No. 01 in the Appendix enclosed herewith, indicates the reasons for re-issuance, and is accompanied with documents proving changes in information of the training institution (if any), directly or by post or via the online public service system to Vietnam Maritime Administration. Within 03 working days from its receipt of the application, Vietnam Maritime Administration shall re-issue the certificate of compliance. In case of refusal, a written response indicating reasons for such refusal shall be given.

3. When re-issuing a certificate of compliance, Vietnam Maritime Administration shall clearly state the replacement of the old certificate in the new one and publish such replacement on its website.”

4. Clause 2 and Clause 3 Article 9 are amended as follows:

“2. Director General of Vietnam Maritime Administration shall issue a decision to suspend provision of seafarer training courses. Such a decision must clearly indicate the reasons and duration of suspension, and measures for ensuring rights and benefits of teachers, learners and employees of the training institution subject to the suspension, and be published on the website of Vietnam Maritime Administration.

3. After the duration of suspension expires, if the violation resulting in such suspension has been successfully remedied, the Director General of Vietnam Maritime Administration shall issue a decision to permit the training institution to resume its operation.”

5. Clause 2 and Clause 3 Article 10 are amended as follows:

“2. Director General of Vietnam Maritime Administration shall issue a decision to revoke the certificate of compliance which shall be published on its website and also sent to relevant authorities for reference and cooperation.

3. The subject training institution shall be required to immediately terminate its training activities according to the decision to revoke the certificate of compliance issued by Director General of Vietnam Maritime Administration.”

6. Article 11 is amended as follows:

“Article 11. Evaluation of seafarer training institutions

1. Vietnam Maritime Administration shall organize annual evaluation of the compliance by training institutions with standards for seafarer training courses laid down in laws.

2. Every 05 years, Vietnam Maritime Administration shall organize an independent evaluation of the compliance by training institutions with standards of STCW Convention.”

7. Article 13 is amended as follows:

“Article 13. Procedures for issuance of certificates of endorsement

1. The seafarer recruitment and placement service provider shall submit an application directly or by post or via the online public service system to the relevant Branch of Vietnam Maritime Administration. Such an 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. The Branch of Vietnam Maritime Administration shall receive the application and, if the received application is invalid, notify and instruct the applicant in writing to complete its application as prescribed in this Decree within 03 working days upon its receipt of the application. If the application is valid, within 03 working days from its receipt of the application, the Branch of Vietnam Maritime Administration shall issue a certificate of endorsement using Form No. 05 in the Appendix enclosed herewith. In case of refusal, a written response indicating reasons for such refusal shall be given.

3. The Branch of Vietnam Maritime Administration shall publish information on the seafarer recruitment and placement service provider issued with the certificate of endorsement on its website."

8. Clause 2 and Clause 3 Article 14 are amended as follows:

“2. The seafarer recruitment and placement service provider shall submit an application for re-issuance of the certificate of endorsement directly or by post or via the online public service system to the relevant Branch of Vietnam Maritime Administration. Such an 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 enterprise);

Within 03 working days from the receipt of the application, the Branch of Vietnam Maritime Administration shall re-issue and send the certificate of endorsement directly or by post or via the online public service system to the applicant. In case of refusal, a written response indicating reasons for such refusal shall be given.

3. When re-issuing a certificate of endorsement, the Branch of Vietnam Maritime Administration shall clearly state the replacement of the old certificate in the new one and publish such replacement on its website.”

9. Clause 2 Article 15 is amended as follows:

“2. Director of the Branch of Vietnam Maritime Administration shall issue a decision to revoke the certificate of endorsement which shall be then published on its website and also sent to relevant authorities for cooperation.”

10. Forms No. 01, 03, 04 and 05 in the Appendix enclosed with the Decree No. 29/2017/ND-CP are replaced with Forms No. 01, 03, 04 and 05 in Section 3 of the Appendix enclosed herewith.

Article 4. Amendments to Government’s Decree No. 82/2019/ND-CP dated November 12, 2019

1. Article 8 is amended as follows:

“Article 8. Authority to decide putting of ship-breaking facilities into operation

Director General of Vietnam Maritime Administration shall make decisions to put ship-breaking facilities into operation.”

2. Article 9 is amended as follows:

“Article 9. Procedures for making decisions to put ship-breaking facilities into operation

1. The ship-breaking facility’s owner shall submit an application for approval to put the ship-breaking facility into operation directly or by post or via the online public service system to Vietnam Maritime Administration.

2. An application for approval to put the ship-breaking facility into operation includes:

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

b) A 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 environmental permit issued by a competent authority to the applicant;

c) Certified true copies or copies accompanied with their originals for verification purpose or electronic copies or electronic copies from their master registers or certified true electronic copies of the procedure for control of hazards and harmful factors and the plan for handling serious technical incidents threatening occupational safety and health;

d) A 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 written approval for the fire prevention and fighting plan given by a competent fire police office.

3. Procedures for receiving and processing applications:

a) Vietnam Maritime Administration shall receive and check the validity of the application and, if the received application is invalid, provide the applicant with guidelines for completion of its application as prescribed in this Decree within 02 working days upon its receipt of the application.

b) Within 05 working days from its receipt of an adequate and valid application, Vietnam Maritime Administration shall issue a decision put the ship-breaking facility into operation which is made using Form No. 02 in the Appendix enclosed herewith. In case of refusal, a written response indicating reasons for such refusal shall be given. During its processing of an application, Vietnam Maritime Administration may carry out surveys and verification of the received information and data on material facilities of the ship-breaking facility.”

3. Article 11 is amended as follows:

“Article 11. Decision to immediately suspend operation of a ship-breaking facility

1. Upon request of a competent authority, Vietnam Maritime Administration shall make a decision to immediately suspend operation of the ship-breaking facility where an accident or incident occurs and causes serious damage to people and environment.

2. Within 01 working day from the receipt of a competent authority’s written request, Vietnam Maritime Administration shall, based on recommendations specified in the received request, consider issuing a decision to immediately suspend operation of the ship-breaking facility.

3. Vietnam Maritime Administration shall inform relevant authorities and publish the decision to immediately suspend operation of the ship-breaking facility on its website.”

4. Article 12 is amended as follows:

“Article 12. Decision to shut down a ship-breaking facility

1. Upon request of a competent authority, Vietnam Maritime Administration shall issue a decision to shut down the ship-breaking facility in the following circumstances:

a) The ship-breaking facility fails to meet requirements laid down in Article 7 hereof;

b) The shutdown of the ship-breaking facility aims to serve national defense and security tasks;

c) The ship-breaking facility must be shut down in case of epidemics, disasters and other cases as prescribed by laws.

2. Within 05 working days from the receipt of a competent authority’s written request, Vietnam Maritime Administration shall, based on recommendations specified in the received request, consider issuing a decision to shut down the ship-breaking facility. If a request is refused, Vietnam Maritime Administration shall give a written response indicating reasons for such refusal to the requesting authority.

3. Vietnam Maritime Administration shall inform relevant authorities and publish the decision to shut down the ship-breaking facility on its website.”

5. Forms No. 01, 02 and 03 in the Appendix enclosed with the Decree No. 82/2019/ND-CP are replaced with Forms No. 01, 02 and 03 in Section 4 of the Appendix enclosed herewith.

Article 5. Implementation

1. This Decree comes into force from November 27, 2023. Clause 7 Article 1 of this Decree shall come into force from October 11, 2024.

2. Transition clauses:

a) Written approvals, decisions, certificates of compliance and certificates of endorsement given or issued before the effective date of this Decree shall remain valid until their prescribed expiry dates;

b) Applications for approvals, decisions, certificates of compliance or certificates of endorsement received before the effective date of this Decree shall continue to be processed in accordance with provisions of legislative documents in force at the time of application receipt;

c) Director General of Vietnam Maritime Administration and Directors of its Branches shall have the jurisdiction to revoke certificates of compliance and certificates of endorsement issued before the effective date of this Decree respectively.

3. This Decree nullifies the following:

a) Article 3, Clauses 6 and 7 Article 4 of the Government’s Decree No. 69/2022/ND-CP dated September 23, 2022;

b) Article 18 of the Government’s Decree No. 29/2017/ND-CP dated March 20, 2017.

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