Nghị định 110/2014/NĐ-CP quy định điều kiện kinh doanh vận tải đường thủy nội địa

DECREE

ON CONDITIONS FOR INLAND WATERWAY TRANSPORTATION BUSINESS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation; and the June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

Pursuant to the November 29, 2005 Law on Enterprises;

Pursuant to the November 20, 2012 Law on Cooperatives;

Pursuant to the June 14, 2005 Law on Tourism;

At the proposal of the Minister of Transport,

The Government promulgates the Decree providing conditions for inland waterway transportation business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides conditions for inland waterway transportation business, including passenger transportation business and cargo transportation business.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in the business of inland waterway transportation by inland waterway vessels (below referred to as vessels).

This Decree does not apply to organizations and individuals involved in inland waterway passenger transportation business within tourist resorts.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Transportation business units include enterprises, cooperatives and business households involved in inland waterway transportation business.

2. Inland waterway transportation business means activities of transportation business units that use vessels to transport passengers or cargoes and collect transportation charges.

3. Fixed inland waterway transportation route means a route approved or announced by a competent agency, starting at the port or landing stage of departure and ending at the port or landing stage of destination.

Article 4. Forms of inland waterway transportation business

Inland waterway transportation business may take the following forms:

1. Passenger transportation business along fixed routes.

2. Passenger transportation business under voyage contracts.

3. Tourist transportation business.

4. Cross-river passenger transportation business.

5. Cargo transportation business.

Chapter II

CONDITIONS FOR CONDUCTING INLAND WATERWAY TRANSPORTATION BUSINESS

Article 5. General conditions

An inland waterway transportation business unit must fully meet the following conditions:

1. Having registered the inland waterway transportation business.

2. Vessels ensure technical safety and environmental protection under regulations and be suitable to business forms and plans.

3. Crewmen have professional diplomas or certificates under regulations. Crewmen fully meet health conditions under regulations of the Ministry of Health.

4. Crewmen and attendants have signed written labor contracts with the transportation business unit made according to the form issued by the Ministry of Labor, War Invalids and Social Affairs (except those who are owners of business households or parents, spouses or children of owners of business households).

5. Buying vessel owner’s civil liability insurance for passengers and third parties.

Article 6. Conditions for conducting passenger transportation business along fixed routes

A unit conducting the business of passenger transportation along fixed routes must meet the following conditions:

1. Meeting the conditions specified in Article 5 of this Decree.

2. Having a document on routes and route operation plan approved by the competent agency with which the business unit has registered the business of inland waterway passenger transportation along fixed routes. The Ministry of Transport shall guide procedures for registration of routes of inland waterway passenger transportation along fixed routes.

3. Attendants on vessels have been trained in professional skills and the law on transportation activities under regulations of the Ministry of Transport.

4. The transportation operator has an intermediate or higher professional qualification in transportation or a college or higher professional qualification in another economic or technical discipline.

5. Having anchorages for vessels in conformity with the route operation plan and ensuring navigation safety, fire and explosion prevention and fighting and environmental protection under regulations.

6. Vessels are fitted with Automatic Identification System (AIS) equipment when operating along routes from the coast to islands or between islands.

7. Having a division to manage and monitor the navigation safety conditions.

Article 7. Conditions for conducting passenger transportation business under voyage contracts

A unit conducting the business of passenger transportation under voyage contracts must meet the following conditions:

1. Meeting the conditions specified in Article 5 of this Decree.

2. Having contracts with transportation hirers.

3. Attendants on vessels have been trained in professional skills and the law on transportation activities under regulations of the Ministry of Transport.

4. The transport operator has an intermediate or higher professional qualification in transport or a college or higher professional qualification in another economic or technical discipline.

5. Vessels are fitted with Automatic Identification System (AIS) equipment when operating along routes from the coast to islands or between islands.

6. Having a division to manage and monitor the navigation safety conditions.

Article 8. Conditions for conducting tourist transportation business

A unit conducting the business of tourist transportation must meet the following conditions:

1. Meeting the conditions specified in Article 7 of this Decree.

2. Every vessel is attached with a sign plate for tourist transportation under regulations of the Ministry of Transport.

3. Attendants on vessels have been trained in tourism skills under relevant regulations on tourism.

Article 9. Conditions for conducting cross-river passenger transportation business

A unit conducting the business of cross-river passenger transportation must meet the following conditions:

1. Having obtained approval for cross-river passenger transportation from a competent agency under regulations. The Ministry of Transport shall guide procedures for approval of cross-river passenger transportation.

2. Embarking and disembarking passengers at landing stages that have operation licenses granted by competent agencies.

3. Vessels ensure technical safety and environmental protection.

4. Crewmen and steersmen possess professional certificates.

Article 10. Conditions for conducting cargo transportation business.

A unit conducting the business of cargo transportation must meet the following conditions:

1. Meeting the conditions specified in Article 5 of this Decree.

2. The business of dangerous cargo transportation must comply with regulations on transportation of dangerous cargoes. The transportation of cargoes which are likely to cause environmental incidents must satisfy the environmental protection requirements specified in Article 74 of the 2014 Law on Environmental Protection.

Chapter III

RESPONSIBILITIES FOR ORGANIZATION OF IMPLEMENTATION

Article 11. The Ministry of Transport

1. To uniformly manage inland waterway transportation business activities prescribed in this Decree.

2. To direct, guide and organize the implementation of this Decree.

3. To inspect, examine and handle violations in the implementation of regulations on inland waterway transportation business and its conditions under this Decree and other relevant laws.

4. To guide procedures for the approval of inland waterway transportation; conditions for a division to manage and monitor the navigation safety conditions; installation, management and use of Automatic Identification System equipment; and provide training in professional and technical skills of inland waterway transportation activities.

Article 12. The Ministry of Public Security

To assume the prime responsibility for, or coordinate with the Ministry of Transport in, inspecting inland waterway transportation business activities and handling violations under regulations.

Article 13. The Ministry of Culture, Sports and Tourism

To coordinate with the Ministry of Transport in guiding units that conduct the business of tourist transportation by inland waterway vessels to implement this Decree and other relevant laws.

Article 14. The Ministry of Information and Communications

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding the management of use of radio frequency, information infrastructure and other information and communication equipment used in the management and operation of inland waterway transportation business; and issue national technical regulations on Automatic Identification System equipment.

Article 15. The Ministry of Health

To issue regulations on health criteria, health examination and health establishments eligible to conduct medical checkups for crewmen and steersmen.

Article 16. The Ministry of Labor, War Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with the Ministry of Transport in, guiding the implementation of regulations on labor contract, social insurance, health insurance and other benefits of employees in inland waterway transportation business activities.

2. To coordinate with the Ministry of Transport in guiding the implementation of regulations on benefits and policies applicable to people with disabilities, the elderly and policy beneficiaries when using inland waterway transportation services.

Article 17. Provincial-level People’s Committees

1. To manage the business of passenger transportation in tourist resorts and cross-river passenger landing stages.

2. To manage inland waterway transportation business activities prescribed in this Decree and other relevant laws.

3. To inspect, examine and handle violations in the implementation of regulations on inland waterway transportation business and its conditions under this Decree and other relevant laws.

Article 18. Provisions on inspection of business conditions of transportation business units

1. Transportation business units are subject to the inspection by competent agencies of their compliance with regulations on inland waterway transportation business and its conditions.

2. Form of inspection:

a/ Periodic inspection;

b/ Irregular inspection upon occurrence of particularly serious navigation accidents, receipt of complaints, denunciations or information about or detection of signs of non-compliance with regulations on inland waterway transportation business and its conditions.

3. The Minister of Transport and chairpersons of provincial-level People’s Committees shall direct functional agencies to inspect the business eligibility of inland waterway transportation business units.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19. Transitional provisions

1. Business units conducting the business of inland waterway transportation before the effective date of this Decree may continue conducting their business.

2. From January 5, 2015, through December 31, 2016, business units specified in Clause 1 of this Article must fully meet the conditions prescribed in this Decree.

Article 20. Effect

This Decree takes effect on January 5, 2015; to annul Article 10 of the Government’s Decree No. 21/2005/ND-CP of March 1, 2005, detailing a number of articles of the Law on Inland Waterway Navigation.

Article 21. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

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