CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 91/2001/ND-CP OF DECEMBER 11, 2001 ON THE CONDITIONS FOR DEALING IN A NUMBER OF INLAND WATERWAY COMMUNICATIONS AND TRANSPORT LINES

Pursuant to Clause 1, Article 15 of the Government’s Decree No. 91/2001/ND-CP of December 11, 2001 on the conditions for dealing in a number of inland waterway communications and transport lines (hereinafter called the Decree for short), the Ministry of Communications and Transport hereby guides in detail a number of articles of the Decree as follows:

A- GUIDANCE ON CLAUSE 4 OF ARTICLE 4 ON REGISTRATION OF OPERATION ROUTES AND BUSINESS PLANS, FOR THE FORM OF TRANSPORTATION ALONG FIXED ROUTES, OR OPERATION AREAS AND BUSINESS PLANS, FOR THE FORM OF TRANSPORTATION NOT ALONG FIXED ROUTES, WITH THE COMPETENT COMMUNICATIONS AND TRANSPORT MANAGEMENT AGENCIES

I. THE PROCEDURES FOR REGISTRATION OF OPERATION ROUTES OR AREAS

1. After being granted the business registration certificates which inscribe the business line of inland-waterway passenger transportation, organizations and individuals dealing in inland-waterway passenger transportation along fixed routes or not along fixed routes (hereinafter referred collectively to as organizations and individuals dealing in passenger transportation) shall have to carry out the procedures for registration of their operation routes or areas with the competent communications and transport management agencies prescribed in Section II, Part A of this Circular.

2. The contents of registration of operation routes or areas:

a) For the business form of passenger transportation along fixed routes

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- The quantity of transport means, and the registration number of each

- Passenger embarkation or disembarkation ports and wharves on each route;

- The operation chart of each route: the number of services/day (week), the arrival and departure time of each service;

- The fares on each route;

- Operation duration.

b) For the business form of passenger transportation not along fixed routes

- Operation areas;

- The quantity of transport means and the registration number of each

- Passenger embarkation or disembarkation ports and wharves in each area;

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3. Papers to be produced and submitted:

a) To produce the originals of the following papers:

- The business registration certificates;

- The certificates of registration of inland waterway transport means or substitute papers as prescribed for cases when such means have been pledged or mortgaged;

- The certificates of technical safety of inland waterway transport means;

- The crew member register, enclosed with their diplomas or professional certificates.

b) To submit the following papers:

- The copies of papers stated in Item a, Point 3;

- The inland-waterway passenger transportation business registration paper, made according to the set forms.

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II. THE COMPETENT COMMUNICATIONS AND TRANSPORT MANAGEMENT AGENCIES

1. Vietnam Inland Waterway Administration shall certify the registration of operation routes or areas of passenger transportation for foreign-invested organizations and individuals operating on centrally-run inland waterway transport routes and/or engaged in transportation across borderlines from Binh Thuan province northward.

The Southern Inland Waterway Sub-Administration shall certify the registration of operation routes or areas of passenger transportation for foreign-invested organizations and individuals operating on centrally-run inland waterway transport routes and/or engaged in transportation across borderlines from the provinces of Binh Phuoc, Dong Nai and Ba Ria-Vung Tau southward.

2. The provincial/municipal Communications and Transport Services and the provincial/municipal Communications and Public Work Services shall certify the registration of operation routes or areas of passenger transportation for organizations and individuals that have made business registration in their respective localities, except for subjects defined at Point 1, Section II of this Part A.

3. In cases where the operation routes or areas of passenger transportation of an organization or individual cover both centrally-run and locally-run inland waterway routes, the certification of registration of operation routes and/or areas for such organization or individual shall be effected by Vietnam Inland Waterway Administration or the Southern Inland Waterway Sub-Administration.

4. Organizations and individuals dealing in passenger transportation by high-speed ships shall, apart from complying with this Circular, have to abide by Decision No. 2764/2000/QD-BGTVT of April 21, 2000 of the Minister of Communications and Transport on managing and supervising the operation of high-speed passenger ships and current relevant documents.

III. CHANGE IN REGISTERED CONTENTS:

Organizations and individuals that have already registered their operation routes or areas of inland waterway passenger transportation, when wishing to make any changes in one of the registered contents, shall have to send the written registration for such change to the agency that has effected the registration and have to announce such change to passengers at all passenger embarkation or disembarkation ports or wharves 72 hours before the estimated time of change.

B. GUIDANCE ON CLAUSE 4 OF ARTICLE 5 ON THE CONDITIONS FOR DEALING IN PASSENGER TRANSPORTATION ACROSS RIVERS

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C. GUIDANCE ON CLAUSE 2 OF ARTICLE 7 ON THE CONDITIONS FOR DEALING IN CARGO LOADING AND UNLOADING AT INLAND WATERWAY PORTS AND WHARVES

Inland waterway ports and wharves for cargo loading and unloading must satisfy the safety conditions and be permitted for operation under the current regulations (Decision No. 2046/QD-PC of August 6, 1996 of the Minister of Communications and Transport promulgating the Regulation on the management of inland waterway ports and wharves; Decision No. 3809/1999/QD-GTVT of December 30, 1999 of the Minister of Communications and Transport amending and supplementing a number of articles of the Regulation on management of inland waterway ports and wharves, Document No. 98/CDS-PC of January 25, 2000 of Vietnam Inland Waterway Administration guiding the implementation of Decision No. 3809/1999/QD-BGTVT and current relevant documents).

D. IMPLEMENTATION ORGANIZATION

I. This Circular takes effect 15 days after its signing.

II. Organizations and individuals that have been granted the certificates of registration for the business line of inland waterway passenger transportation before the effective date of Decree No. 91/2001/ND-CP of December 11, 2001 and are

III. Vietnam Inland Waterway Administration shall submit to the Ministry for announcement the centrally-run inland-waterway passenger transportation routes; the provincial/municipal Communications and Transport Services and the provincial/municipal Communications and Public Work Services shall submit to the presidents of the provincial/municipal People�s Committees for announcement the locally-run inland-waterway passenger transportation routes, which shall serve as basis for enterprises to register passenger transportation routes.

IV. The heads of advisory bodies under the Ministry, the director of Vietnam Inland Waterway Administration, the director of Vietnam Registry, and the directors of the provincial/municipal Communications and Transport Services and the provincial/municipal Communications and Public Work Services shall, according to their functions and competence, have to implement, supervise, inspect, detect and handle cases of violating Decree No. 91/2001/ND-CP and this Circular.

The concerned organizations and individuals shall have to implement this Circular.

In the course of implementation, if any problems arise, they must be reported to the Ministry of Communications and Transport for timely settlement.

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FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER




Pham The Minh