Decision No. 29/2004/QD-BGTVT promulgating the Regulation on registration of inland waterways means

No. 15 (15-12··2004) OFFICIAL. GAZETTE Ll:IE MINIS TRY OF TRANSPORT DECISION No. 29/2004/QD-BGTVT OF DECEMBER 7, 2004 PROMULGATING THE REGULATION ON REGISTRATION OF INLAND WATERWAY MEANS THE MINISTER OF TRANSPORT Pursuant to tho June 15, 2004 l..aw on Inland Waterway Traffic; Pwsuant to the Govemment's Decree No. 86/ 2002/ND-CP of December 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministeriaHcvel agencies; Pursuant to the Government's Decree No. 3•'11 2003/ND-CP of April 1, 2003 rlefining t/Jo functiuus, tasks, powers and organizatirmal struclurc o( tfw Tranr;port Ministty; At tho proposals of tho director of the Logal !Jopartmont nnrf the diror.:tur of Vietnam Inland Wate1way Bureau, DECIDES: Article 1.- To protnulqnto touether with this Doc]slon the Hequlation on registration of inland waterway means. Article2.- Tl1is Decision takes effect 1 b days after its publication in the Official Gazette and rnplaces the following legal documenls: 1 . The Transport Minister's Decision No. 2056 OD/P C o1 August 6, 1996 promulgating the Regulation on registration of inland waterway means; 2. The Transport Minister's Decision No. 1755 QDIPC of July 12, 1997 supplementing the Regulation on registration of inland waterway means; 3. The Transport Minister's Decision No. t 5221 1998/QD-BGTVT of June 20, 1998 amending and supplementing Decision No. 2056-OD/PC. Article 3.- The director of Vietnam Inland Vl/aterway Bureau shall have to monitor and inspect the implementation of this Decision. Article 4.· The direclor of t11e Office. the chief inspec1or of the Transport Ministry, the director of the Legal Department, tho director of the Transport Lleparlrnent, lhe director of Vietnam Inland Waterway Rumau, the director of Vietnam Registry Department, Um cl/rectors of the provincinl/municipal Transport Snrvices, Traffic and Public Work Services, the heads of the concerned orgw1izations and individuals shall havo to implornent this Decision. Transport Minister DAO DINH BINH OFFICIAL GAZETTE No. 15 (15-12-2004) REGULATION ON REGISTRATION OF INLAND WATERWAY MEANS (Promulgated together with the 7i'ansport Minister's Oocision No. 29/;'004/QD-UGTVF of Dec:omber 7, 2004) Chapter I GENERAL PROVISIONS Article 1.- Scope ot regulation and subjects of application I. This Regulation prescribes the procedures for, and tho organization of, registration of inland waterway means. 2. Inland waterway means ot organizations and individuals, before being put into operation on inland waterways, must be registered according to this Regulation, except tor primitive means ot a gross tonnage of under one ton or a carrying capacity of under 5 people, or rafts. 3. This Regulation shall not apply to the registration of t11e following means: a/ Means performing the defense or security tasks; b/ Fisl1ing ships: c/ Sport ships and boats. Article 2.- Interpretation of terms In this Flogulat"ron, the following terms and phrases are construed as follows: I. Inland waterway means (horninafter referred to as moans) mean ships, boats and other floating structures, motorized or non~motorized, sµecializnd in operatino on inland waterways. 2. PrirniliVEJ rncans rnnan non-motorized rnnnns which can move only with manpower, wind or wA.ter force. 3. Fishing ships mean special-use means lor exploiting, culturing or processing aquatic resources. 4. Sport ships and boats mean special-use moans for sport training or competition. 5. Means owners mean organizations or individuals owning, managing or using means. 6. Means subject to registration mean non­ motorized means of a gross tonnage of 5 tons or more or a carrying capacity of over 12 people: or motorized means with total main engine capacity of 5 horsepower or more or a carrying capacity of 5 people or more. 7. Change of means' technical properties means the change ot structure, size, capacity, tonnage or utility of a means. 8. Rafts mean means of bamboos, logs or other floating objects fastened together for movement from place to place or for use as temporary means of transportation on inland waterways. 9. A means' people-carrying capacity means the maximum number of people allowed to be carried on such means, excluding crew members, means drivers and under-one children. Chapter II REGISTRATION OF MEANS Article 3.- General provisions 1 . Means with complete dossiers as prescribed shall be registered by competent moans registration aqoncies defined in Article 8 of this Regulation into tho rogister of inland waterway means and granted inland waterway means registration certificates. 2. Means must be rn-rnqistnred in tho cases No. 15 (15-12-2004) OFFICIAL GAZETTE: µrescribod in Clause 3, Article 2[) of the Law on Inland Waterway Traffic. :1. Means owners shall submit moans rogistmtion ciossiers to tho means registration agoncief; of localities where means owners aro headquartered or reuk,tcr their permanent residc:.!ncn. 4. Inland waterway means registration certificates, when lost, shall be re-granted when all the dm,siers prescribed in Articlo 6 of t1·1is Regulation are available. Article 4.-First-time means registration c.Jossiers A dossier for first-time means registration comprises: 1. Papers to be kept at the means registration agency: a/ An application for registration of inland waterway means, made according to a set form; b/Two 10 cm x 15 cm photos showing the entire right side of the means in floating state; cl Registration tax payment invoice according to law provisions. 2. Papers to be produced: a/ Certificate of technical safety and environmental protection of the means, tor means subject to registration and inspection; b/ Means import permit according to law provisions, for imported means; c/ Contract on means sale/purchase or contract on means building, for moans suhject to registration and inspection; d/ Papers proving that the means owner is licensed to operate and to base in Viotnarn, for foreinn organizations, or papers proving thnt thn means owmH is pormitted to reside in Vietnam, fot foroignors. Article !I.·· Dossiers for means re-rnuir;trution 1. In case of ownemhip right transfer, a dossier for means n::)~mgistration comprises: a/ Papors to bo kept at U-1e means registrntion clfJlmcy: An application for rn-rngistration of inland waterway means, made according to a set form; Two ·10 cm x ·15 crn photos showing tho entire right side of the mean~ in floating state; Inland waterway moans registration certificate; Registration tax payment invoice according to law provisions. b/ Papers to b0 produced: Contract on means sale/purchase or competent authority's decision on means transfer, for means subject to registration and inspection; ·· Certificate of technical safety and environmental protection of the means. for means subject to registration and inspection; Papers proving that tt10 means owner is licensed to operate and to base in Vietnam, for foreign or~Janizations, or papers proving that the means owner is permitted to reside in Vietnam, for foreigners. 2. In cases where technical properties of means are changed, a dossier for re-registration of means comprises: a/ Papers to be kept at tile means registration agency: An application for re··rngistration of inland waterway means, madn according to a set form; Two 10 crn x ·15 cm photos showing the entire ri~Jht side of tho mc:wns in floating state; · Inland w:1tc~rway means m9istration certificate. IJ/ Papers to bD produced: OFFICIAL GAZETTE No. 15 (l!i-12-20O4) Certificate of tedinical ::;atety and environmental protection of the means, 9mnted after such means' technical properties are changed, for means sub.iect to registration and inspection. 3. ln cases where the means owners channe thoir head offices or register their perrnnncnt resi<:lenco in other provinces or centm!!y--run cities, a dossier for re-registration of means comprises: a/ Papen, to be kopt at the moans registration as,oncy: An application for re-registration of inland waterway means, made according to a set form; Two IO cm x 15 cm photos showing the entire right side of the means in floating stale; Inland waterway means registration certificate. b/ Papers to be produced: Certificate of technical safety and environmental protection of the means, for means subject to registration and inspection. Article 6.- Dossiers for re-granting of means registration certificates 1. For means registration certificates which are lost in cases where means are sunk or burnt, a dossier for re-~Jranting of means registration certificate comprises: a/ Papers to be kept at the moans registration a9ency: An application for ro--granting of inland waterway means registration certificate, mado accordin~J to a set form with certification of the inland waterway police office managinq tho locality where the mc-Jan.s is sunk or burnt; Two 10 cm x ·15 cm photm; showlno tho m1tire ri~Jht side of the moans in floatin\j statH after tt1c~ moans is rnpaired and p0rrnitt0d hy tho rn9istry office for operation. b/ Pn.pcrs to lie produced: Cm1ificato of technical safety and environmental protection of the means after the repair thereof is completed, for means subject to registration and in1;pnction. ?. In cases whore inland waterway means rcnistration certificates are lost for other reasons, a dossier for re-granting of mc-nns registration certificate comprises: a/ Papers to be kept at the means registration ollice: An application for re-granting of inland waterway means registration certificate, made according to a set form with certification of the inland waterway police office managing the locality where the incident occurred; ·· Two IO cm x 15 cm photos showing the entire right side of the means in floating state. bl Papers to be produced: Certificate of technical safety and environmental protection of the means, for means subject to rcntstration and inspection. Article 7.- Names of means Names of means shall bo given by means owners thmnsolves. In cases where means owners intend to give names identical to those of the already registered means, the means registration offices shall request means owners to give other names. Atticle 8.- Means registration agencies ·1. -r he Transport Services or !he Traffic and Public Worl< .Smvlcos of tho provinces or centrally-run cities st1all mnlstor means of organizations and individtmls ~iavinu their head offices or having re~Jisterod perrnanent residence in such provinces or centrally~ run citii~[>. No. 15 (15-12-2004) OFFICIAL GJ\ZFl TE 2. Unpendinq on specific conditions ot no.ch cut liflcates, which are made accordiWJ to a set lorrn; locality, the provincial/municipal Trmwport Services b/ For rn-grantinq of rnE-Hrns registration or the Traffic and Public Work Snrvices may propose certificates: To grant inland waterway means tile provincial/municipal Peopln's Cot11mittees to mnif~trntion certificates, w/1icl1 are rnado according decentralin➔ responsibilities to district transport to the~ above-mentioned form and stamped with the agc;nc\os to register means o1 orqanizat\ons and prescription "FIE-Gr-lANTFD FOR ... TIME" individual~:; under the adrninistrntive rnanagornent by !hf) district Pooplo's ComrnittE1es. Article 9.- Responsibilities of the moans registration agencies 1. To organize the registration of means according to regulations; to guide means owners in compiling means registration dossiers. 2. To grant inland waterway mean registration certificates to means owners when they submit complete dossiers as prescribed within the following time limits: al Three (03) working days tor first-time registration or re-registration of means; bl Seven (07) working days for re-granting or means registration certificates which are lost when the rncnms are sunk or burnt; c/ Thirty (30) working days for re-granting of means registration certificates which are lost for other reasons. 3. Where nie means owners submit incompl1::~to prescribed dossiers tor means registration, the means registration agencies must promptly notify such to the means owners to comp\oto their dossiers. 4. To grant inland waterway means registration cortificatf:!s according to the➔ following regulation~;: a/ For first-time rnqis1ra1ion or re--rE-igistration ot rnenns: To grant inland waterway rnunm; roqistratiort 5. To compile Hio rogistcr of inland waterway means; to archive and rnanaqe moans rnnistration dm>siers. 6. To monitor and surn up the situation of means re9istration under their respective competence; to observe the reporting regime and submit to the professional inspection and instruction by the Transport Ministry and Vietnam Inland Waterway Burnau. 7. To manage and use means registration prints according to current regulations. 8. To collect the means registration fee prescribed by the Finance Ministry. Article 10.- Responsibilities of means owners 1. To carry out the procedures for means rnuistrn1ion according 1o regula1ions; to paint names, re~Ji~:;tmtion numbers and safety waterline marks on their mt:1ans, or inscribe number of people permitted to bt:1 carried, for peopln-carrying means, before puttiny tt1eir means to operation. ?. To report to the means registration agencies for dflletion of means registration and to return inland waterway means registration certificates, for the cases prescribed in Clause 4, Article 25 of the Law on Inland Waterway Traffic. Article 11.·· Renewal of inland waterway moans mqi:-,trnlion certificates granted under Decision No. ?Oti(i·Clll/F'(; OFHCIAL. GAZETTE 1. After tho offoctivc date of thif; Decision, moan:, owners who have been grantnd inland waterway means registration certificates under the Tmnsport Minister\; Decision No. 20S(H)D-f'C of August 5, 1996 shall have to carry out the procedures for renewing their inland waterway rncans renistration certificates at the agencies whid1 hnve registered the means. The renewal of inland waterway moans registration certificates must be completed before December 31, 2005. 2. Dossiers tor renewal of inland waterway means registration certificates kept at the means registration agencies each comprises: a/ An application for renewal of inland waterway means registration certificate, made according to a set form; b/ Two 10 cm x 15 cm photos showing the entire right side of the means in the floating state; c/ Inland waterway means registration certificate granted under Decision No. 2056 .. QD/PC. 3. The means registration agencies shall have to renew inland waterway means registration certificates within 2 working days after receiving complete prescribed dossiers. Article 12.- Printing and management of inland waterway means registration prints Vietnam Inland Waterway Burnau shall hnvfl to print and distribute printed forms of inland waterway means registration, or autt1orizDs tho provincial/ municipal Transport Services or Traffic and Public Work Services to print them according to thE} set forms. Minister of Tmnsport DAO DINH BINH No. 15 (J5 .. J2-20O4)