Nghị định 91/2001/NĐ-CP quy định điều kiện kinh doanh một số ngành, nghề giao thông vận tải đường thuỷ nội địa

DECREE

ON THE CONDITIONS FOR DEALING IN A NUMBER OF INLAND WATERWAY COMMUNICATIONS AND TRANSPORT LINES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on State Enterprises of April 20, 1995;
Pursuant to the Law on Cooperatives of March 20, 1996;
Pursuant to Law No.13/1999/QH10 on Enterprises of June 12, 1999;
Pursuant to the April 20, 1995 Law on Foreign Investment in Vietnam and the June 22, 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;
At the proposal of the Minister of Communications and Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Regulation prescribes the conditions for dealing in the following production and business lines:

1. Inland waterway passenger transportation, in the following forms:

a/ Passenger transportation along fixed routes;

b/ Passenger transportation not along fixed routes;

c/ Transport of passengers across rivers.

2. Inland waterway transportation across Vietnamese borderlines.

3. Provision of cargo loading and unloading services at inland waterway ports and wharves;

4. Designing of inland waterway transport means;

5. Building and repair of inland waterway transport means.

Article 2.- Objects and scope of application

This Decree applies to all domestic and foreign organizations and individuals of all economic sectors, that are engaged in the production and business lines specified in Article 1 of this Decree.

In cases where an international treaty concerning inland waterway communications and transport, which Vietnam has signed or acceded to, contains provisions different from those of this Decree, such international treaty shall apply.

Article 3.- Term interpretation

In this Decree, the following expressions shall be construed as follows:

1. Inland waterway passenger transportation means activities conducted by organizations and individuals that use inland waterway means to transport people and their personal luggage with the collection of freight.

2. Passenger transportation along fixed routes means the business form of inland waterway passenger transportation along fixed routes and with definite ports or wharves of departure and arrival thereon, as well as with stable operation charts.

3. Passenger transportation not along fixed routes means the business form of inland waterway passenger transportation conducted at passengers requests agreed upon in transport contracts.

4. Passenger transportation across rivers means the business form of inland waterway passenger transportation whereby passengers are carried from a bank of an inland waterway to the opposite bank or from a bank to floating structures or other waterway means and vice versa.

5. Inland waterway transportation across Vietnamese borderlines means the form of cargo or passenger transportation by inland waterway means from Vietnam to foreign countries and vice versa according to international treaties which Vietnam has signed or acceded to, with the collection of freight.

6. Provision of cargo loading and unloading services at inland waterway ports or wharves means activities of loading and/or unloading cargoes at inland waterway ports or wharves with the collection of loading and/or unloading charges.

7. Designing of inland waterway means means activities of designing inland waterway means with the collection of charges.

8. Building and repair of inland waterway means means activities of building and repairing inland waterway means with the collection of charges.

9. Inland waterway ports are inland waterway traffic works, which are invested and constructed for the cargo loading and unloading or passenger embarkation and disembarkation by waterway means.

10. Inland waterway wharves are inland waterway traffic works, where the natural conditions are tapped or temporarily reinforced for waterway means to enter and leave for cargo handling or passenger embarkation or disembarkation.

Chapter II

BUSINESS CONDITIONS FOR AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS DEALING IN CONDITIONAL PRODUCTION AND BUSINESS LINES

Article 4.- Conditions for dealing in inland waterway passenger transportation along fixed routes and not along fixed routes

1. Concerned organizations and individuals must have business registration for the inland waterway passenger transportation line;

2. Inland waterway means must have their plate numbers registered and satisfy the technical safety standards prescribed by the Ministry of Communications and Transport;

3. Crew members on waterway means must be in adequate numbers and have diplomas or professional certificates suitable to their respective positions or titles according to the regulations of the Ministry of Communications and Transport;

4. Registration of operation routes and business plans, for the form of transportation along fixed routes, or operation areas, for the form of transportation not along fixed routes, must be made with the communications and transport management bodies.

Article 5.- Conditions for dealing in passenger transportation across rivers

1. Concerned organizations and individuals must have business registration for the cross-river passenger transportation line;

2. Inland waterway means must have their plate numbers registered and satisfy the technical safety standards prescribed by the Ministry of Communications and Transport;

3. Crew members on waterway means must be in adequate numbers and have diplomas and professional certificates (for means with a seating capacity of 13 passengers or more) or professional certificates (for means with a seating capacity of less than 13 passengers) suitable to their respective positions or titles according to the regulations of the Ministry of Communications and Transport;

4. Passenger embarkation and disembarkation stages must satisfy the safety conditions and be permitted by the competent bodies for operation according to the regulations;

5. The communications and transport management bodies at the level of province or centrally-run city shall specifically prescribe business conditions for conducting the cross-river passenger transportation by rudimentary means and guide the commune-level People’s Committees in managing such business activities, thus ensuring safety for people’s life and property.

Article 6.- Conditions for dealing in inland waterway transportation across Vietnamese borderlines

1. Concerned organizations and individuals must be enterprises or cooperatives having business registration for dealing in the inland waterway transportation across Vietnamese borderlines;

2. Inland waterway means must have their plate numbers registered and satisfy to the technical safety standards and allowed to operate only on routes prescribed by the international treaties which Vietnam has signed or acceded to;

3. Crew members on the means must be in adequate numbers, have diplomas or professional certificates suitable to their respective positions or titles according to the regulations of the Ministry of Communications and Transport;

4. The insurance for means owners civil liability as well as insurance for passengers have been purchased as agreed upon by signatories to international treaties.

Article 7.- Conditions for provision of cargo loading and unloading services at inland waterway ports and wharves

1. Concerned organizations and individuals must have business registration for cargo loading and unloading at inland waterway ports and wharves;

2. Inland waterway ports and wharves for cargo loading and unloading must satisfy the safety conditions and are allowed to operate under the regulations of the Ministry of Communications and Transport;

3. Cargo loading and unloading equipment (if any) must be up to the prescribed technical safety standards; operators of loading and unloading equipment must have diplomas or professional certificates according to the provisions of law.

Article 8.- Conditions for the designing of inland waterway means

1. Concerned organizations and individuals must have business registration for the designing of inland waterway means;

2. They have at least one designer, who has graduated from an intermediate school or a university in ship building and been issued a diploma by the competent training institution.

Article 9.- Business conditions for the building and repair of inland waterway means

1. Concerned organizations and individuals must have business registration for building and repairing inland waterway means;

2. They have at least one technician, who has graduated from an intermediate school or a university in ship building and been issued a diploma by the competent training institution;

3. Their material and technical foundations must satisfy the conditions prescribed for the building and repair of waterway means.

Article 10.- Responsibilities of organizations and individuals engaged in the conditional production and business lines

1. To satisfy all the conditions prescribed in Articles 4, 5, 6, 7, 8 and 9 of this Decree;

2. To observe the regulations on ensuring traffic order and safety and other relevant law provisions;

3. To fully and promptly observe the reporting and statistical regimes and fulfill other obligations prescribed by law.

Chapter III

EXAMINATION, INSPECTION, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 11.- Examination and inspection

1. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall, within the ambit of their respective functions and tasks, have to organize the examination, inspection and handling of violations according to their competence.

2. The examination and inspection shall cover the observance of the provisions of this Decree and other relevant law provisions on dealing in production and business lines specified in Article 1 of this Decree.

3. The examination and inspection of business organizations and individuals must be conducted in compliance with the current law provisions. There must also be plans for close coordination among the concerned agencies, so as to avoid overlapping and not to cause troubles to business organizations and individuals.

Article 12.- Complaints and denunciations

Organizations and individuals dealing in the production and business lines specified in Article 1 of this Decree may lodge complaints and citizens may lodge denunciations with the competent authorities or initiate lawsuits at courts according to the law provisions against State agencies or officials that improperly apply the provisions of this Decree.

Article 13.- Handling of violations

1. Organizations and individuals dealing in the inland waterway transportation, that violate the provisions of this Decree, shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability. If damage is caused, compensations therefor must be paid according to law provisions.

2. State agencies and officials that violate the provisions of this Decree shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If damage is caused, compensations therefor must be paid according to law provisions.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.- Implementation effect

1. This Decree takes effect 30 days after its signing. The previous stipulations which are contrary to this Decree are all hereby annulled.

2. Organizations and individuals currently engaged in the production and business lines specified in Article 1 of this Decree shall have to satisfy all the prescribed business conditions within 120 (one hundred and twenty) days as from the effective date of this Decree.

Article 15.- Implementation responsibilities

1. The Minister of Communications and Transport shall guide the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the concerned organizations and individuals shall have to implement this Decree.