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Conditions for sea transport

Update: May, 14/2014 - 08:28

Decree No 30/2014/ND-CP (14 April 2014) relates to sea transportation, sea transportation agency services and sea transportation towage services businesses in Viet Nam. It applies to both Vietnamese and foreign organisations and individuals that are engaged in these businesses.

Sea transportation business

To obtain the five-year licence for offering sea transportation services in Viet Nam, an enterprise must:

1. Register its sea transportation business;

2. Have professional units perform tasks relating to safety controls, maritime security, operations of seagoing vessels and legal affairs in compliance with the nation's laws;

3. Ensure that persons in charge of seagoing vessels' operations have the minimum qualification of a bachelor's degree (in maritime business, foreign trade, commerce or economics) and at least three years of experience in managing operations of seagoing vessels;

4. Ensure that persons in charge of safety or security management systems have at least two years of relevant experience in the management and use of seagoing vessels, and possess legally recognised certification for training and guidance received in discharging relevant tasks;

5. Ensure that persons handling legal affairs have Bachelor-of-Law degrees and at least two years' experience in the legal field;

6. Have capital and other assets equaling at least 20 billion dong for use in international sea transportation, and five billion dong for domestic sea transportation.

The licence for sea transportation business can be renewed if:

1. The licence has expired;

2. The licence is lost or damaged and cannot be used. In this instance, the term of the regranted licence term will not exceed the time remaining on the original licence;

3. The licence is still valid but the enterprise desires to amend its content. The regranted licence term will not exceed the time remaining term on the previously issued licence.

Sea transportation agency services

Organizations and individuals providing sea transportation agency services in Viet Nam must:

1. Establish and register the business;

2. Have professional experts in charge of sea transportation agency operations and legal affairs;

3. Ensure that persons in charge of sea transportation agency operation must have at least two years of experience in sea transportation agency operation.

4. Ensure that staff of sea transportation agencies are Vietnamese citizens, have bachelor degrees (in maritime business, foreign trade, commerce or economics).

5. Ensure that persons in charge of legal affairs have bachelor-of-law degrees and at least two years' experience in legal field.

To maintain a business offering sea transportation agency services, the enterprise must have (1) insurance contract for professional liability for services offered; and (2) sea transportation agency contract for each specific shipment or specific time limit.

Foreign organisations and individuals are entitled to establish joint venture enterprises to offer sea transportation agency services. Their capital contribution ratio cannot exceed 49 percent of the enterprise's charter capital.

Sea transportation towage services

Organizations and individuals providing sea transportation towage services in Viet Nam must:

1. Establish and register the enterprise;

2. Have professional experts conducting sea transportation towage services and legal affairs;

3. Ensure that persons in charge of sea transportation towage operations have at least two years of specific experience;

4. Ensure that persons in charge of legal affairs have bachelor-of-law or equivalent degrees and at least two years' experience in legal field;

6. Have at least two special-use tugboats.

To maintain a sea transportation towage services business, the enterprise must have: (1) insurance contract for professional liability of sevices offered or equivalent guarantees; and (2) sea transportation towage contract for each specific shipment or specific time limit.

Foreign organizations and individuals are entitled to establish joint venture enterprises for sea transportation towage services. Their capital contribution cannot exceed 49 per cent of the enterprise's charter capital.

This Decree takes effect on 1 July 2014 and replaces Decree No 115/2007/ND-CP (5 July 2007).



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