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DECREE
ON
CONDITIONS FOR SEA SHIPMENT SERVICES
BUSINESS
The Government
Pursuant to the
Law on Organization
of the Government
dated 25 December 2001;
Pursuant to the
Maritime Code of
Vietnam dated
14 June 2005;
Pursuant to the
Law on Enterprises
dated 29
November 2005;
Pursuant to the
Law on Investment
dated 29
November 2005;
Pursuant to the
Commercial Law
dated 14 June
2005;
Having considered the
proposal of the Minister of Transport & Communications;
Decrees:
Article 1
Governing scope
This Decree regulates the
conditions for conducting sea shipment1
services business.
In this Decree, sea shipment services comprise
shipping agency services, towage assistance services in Vietnamese seaports, and other sea shipment
services.
Article 2
Applicable
entities:
1. This Decree applies to
organizations and individuals providing sea shipment services in Vietnam.
2. In addition to
satisfying the conditions for conducting sea shipment services business
stipulated in articles 2, 3 and 4 of
this Decree, organizations and individuals providing sea shipment services must also satisfy other
business conditions stipulated by law.
Article 3
Conditions for
providing shipping agency business services
Any organization or
individual providing shipping agency business services must establish an
enterprise in accordance with law, and
in the case of an enterprise with foreign owned capital the ratio of capital contribution of the
foreign parties must not exceed forty-nine (49) per cent of the charter capital
of the enterprise.
Article 4
Conditions for
providing towage assistance business services in Vietnamese seaports
Any organization or
individual providing towage assistance business services in Vietnamese seaports
must establish an enterprise in
accordance with law, and in the case of an enterprise with foreign owned capital the ratio of capital
contribution of the foreign parties must not exceed forty-nine (49) per cent of
the charter capital of the enterprise
which must have a towing vessel registered to fly the Vietnamese flag.
Article 5
Conditions for
providing other sea shipment services
The provision of other sea
shipment services by organizations and individuals shall be implemented in accordance with Vietnam's
WTO undertakings and international treaties of which the Socialist Republic of Vietnam is a member.
Article 6
Inspections and
dealing with breaches
1. Inspections of business
conditions:
Ministers, chairmen of
people's committees of provinces and cities under central authority, and heads
of State administrative
bodies in the maritime sector shall direct functional bodies to conduct
inspections of satisfaction of business
conditions by organizations and individuals pursuant to this Decree.
2. Dealing with breaches:
Any organization or
individual engaged in providing sea shipment services who breaches the
provisions of this Decree shall,
depending on the nature and seriousness of the breach, be subject to
disciplinary action, administrative penalty or
prosecution for criminal liability; and must pay compensation for loss and
damage caused (if any) in
accordance with law.
Article 7
Effectiveness
This Decree shall be of
full force and effect fifteen (15) days after the date of its publication in the
Official Gazette. The following are
hereby repealed: Decree 57-2001-ND-CP of the Government dated 24 August 2001 on conditions for
conducting sea shipment services business, and Decree 10-2001-ND-CP of the Government dated 19 March
2001 on conditions for conducting maritime services business.
Article 8
1. The Minister of
Transport & Communications shall be responsible for organizing implementation of this Decree.
2. Ministers, heads of
ministerial equivalent bodies, heads of Government bodies, chairmen of people's committees of provinces
and cities under central authority and the organizations and individuals concerned shall be
responsible for implementation of this Decree.
On behalf of the
Government
Prime Minister
NGUYEN TAN DUNG
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