The Decree No. 160/2016/ND-CP approved by the Government on conditions for sea transportation business, shipping agency services, and towage services.
In accordance with this Decree, requirements pertaining to enterprises engaging in international sea transportation business, the regarding organizational structure must have a department in charge of safety in accordance with the International Safety Management Code (ISM Code); a department in charge of maritime security in accordance with the International Ship and Port Facility Security Code (ISPS Code); a department in charge of sea transportation business and operation; a department in charge of legal affairs. Regarding finance: A guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 05 billion. Any person in charge of the system of maritime safety and security must be trained and issued with a certificate prescribed by the Minister of Transport; Any person in charge of management of sea transportation business and operation must obtain at least a college’s degree in one of maritime, foreign trade, commercial or economic specialties; Any person in charge of legal affairs must obtain at least a college’s degree in law specialty….
Enterprises engaging in inland sea transportation business must have a department in charge of shipping business and operation regarding organizational structure; a guarantee granted by a credit institution or a branch of foreign bank is required to secure the obligations of the ship owner to seafarers with a minimum of VND 500 million; and At least 01 seagoing vessel flying a Vietnamese national ensign shall comply with the National Technical Regulation issued by the Minister of Transport is required.
Any enterprise providing towage services in Vietnam must be established in accordance with legal provisions. In a case where a foreign-invested enterprise provides towage services, the foreign investors’ capital holding may not exceed 49% of the enterprise’s charter capital. Any staff member of a shipping agency must be a Vietnamese citizen, granted with a professional certificate of shipping agencies.
This Decree takes effect July 1, 2017 and annuls Decree No. 30/2014/ND-CP dated April 14, 2014.
