Chương 2 Nghị định 91/2001/NĐ-CP: Điều kiện kinh doanh và trách nhiệm của tổ chức, cá nhân kinh doanh các ngành nghề kinh doanh có điều kiện

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.