Title: Decree 70/2016/ND-CP dated July 1, 2016 of the Government, stipulating conditions for provision of maritime safety services

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Transport

Issuing Date: 01-07-2016

 

 

Decree No. 70/2016/ND-CP provides for conditions for provision of maritime safety services, consisting of (i) Installation, operation and maintenance of aids to navigation, navigational channels and sea lanes; (ii) Notices to mariners; (iii) Survey activities in service of Notices to mariners; (iv) Regulation of maritime safety assurance; (v) Survey, preparation and issuance of nautical charts of seaport waters, navigational channels and sea lanes; formation and issuance of maritime safety publications and documents; (vi) Electronic maritime information; (vii) Maritime pilotage service; (viii) Removal of obstructions to navigation; and (ix) Import of marine flares.

According to this Decree, importers of marine flares shall be established lawfully and have at least  VND 2 billion at the enterprise’s establishment time and throughout their operation. They must also possess a certificate issued by a competent authority of the manufacturing country to certify that the imported flares have been tested in conformity with regulations of the International Maritime Organization; obtain a license to import marine flares; and meet all requirements on fire fighting and prevention. The Decree also details procedures for issuance of license to import marine flares, including required dossier and licensing procedures.

Regarding maritime pilotage services, service providers shall be also established lawfully and have at least 75 percent of their charter capital held by the State. In addition, they are required to have full-time units in charge of maritime pilotage. The heads of such units must be expert pilots holding a university or higher degree. The Vietnam Maritime Administration will assign these enterprises their compulsory pilotage areas and vessel navigation routes, in which each navigation route will be undertaken by only one company providing maritime pilotage services. Such enterprises must also have sufficient pilots of different levels holding operational area certificates in conformity with the assigned vessel navigation routes, and have means of transport to carry pilots at the assigned routes in accordance with regulations of the Ministry of Transport.

Regarding conditions for providing obstacle clearance and removal, providers of this service must have a capital of at least VND 5 billion throughout their operation, and have appropriate methods and equipment to clear and remove obstacles and prevent environmental pollution.

This Decree takes   effect as of July 01, 2017 but regulations on conditions for import of marine flares shall take effect as of July 01, 2016. The following legislation is annuled:

- Decree No. 173/2007/ND-CP dated November 28, 2007 providing for maritime pilotage organization and operation;

- Decree No. 49/2011/ND-CP dated June 21, 2011 on amendments to certain articles of Decree No. 173/2007/ND-CP;

- Ministry of Transport’s regulations on licensing procedures stated in Section II (List of goods imported/exported under license and subject to the specialized management of Ministry of Transport) of Annex II (List of goods imported/exported under license and subject to the specializedmanagement) enclosed to Decree No. 187/2013/ND-CP dated November 20, 2013 elaborating the implementation of the Commercial Law.

 

 

Download Vietnamese: Decree 70/2016/ND-CP dated July 1, 2016 of the Government, stipulating conditions for provision of maritime safety services