I. LEGAL BASIS

Decree No. 160/2016/ND-CP on conditions for conducting maritime transport business, ship agency services business, and maritime towage services business.

II. CONDITIONS FOR OBTAINING A LICENSE FOR DOMESTIC MARITIME TRANSPORT

The maritime transport business license, also referred to as the Certificate of Eligibility for Maritime Transport Business, is a document issued by a competent state authority certifying that an enterprise fully satisfies the conditions for conducting international or domestic maritime transport business.

Pursuant to Article 6 of Decree No. 160/2016/ND-CP, the conditions for obtaining the license are as follows:

•  Organizational structure: The enterprise must have a department responsible for managing its maritime transport business and operations.
• Financial requirements: The enterprise must obtain a guarantee from a credit institution or a foreign bank branch in Vietnam with a minimum value of VND 500 million.
•  Vessel requirements: The enterprise must own or have at least one (01) seagoing vessel flying the Vietnamese national flag and satisfying the applicable national technical regulations.
• Personnel requirements:

+ The person in charge of maritime transport business and operations must hold at least a college-level qualification in one of the following fields: maritime studies; Foreign trade; Commerce; or Economics.

+ All crew members working on the vessel must satisfy the requirements concerning professional qualifications, health conditions, and professional certificates as prescribed by law.

III. PROCEDURES FOR OBTAINING A LICENSE FOR DOMESTIC MARITIME TRANSPORT BUSINESS

Pursuant to Article 8 of Decree No. 160/2016/ND-CP, the licensing procedure consists of the following steps:

Step 1: Preparation of the application dossier

The application dossier must include:

• An application form for issuance of the Certificate of Eligibility for Maritime Transport Business, made according to Form No. 01 in the Appendix promulgated together with the Decree: 01 copy;

• A list of relevant positions, together with the dossier of each position and the relevant degrees and certificates of the personnel specified in Clause 1, Article 5 and Clause 1, Article 6 of the Decree: 01 copy certified as being issued from the original register, a notarized/certified true copy of the original, or a copy presented together with the original for comparison;

• The guarantee document issued by a credit institution or a foreign bank branch in Vietnam as prescribed in Clause 2, Article 5 or Clause 2, Article 6 of the Decree: 01 original;

• The Certificate of Registration of the Seagoing Vessel: 01 copy presented together with the original for comparison.

Step 2: Submission of the application dossier

The application dossier may be submitted directly or by post.

Competent authority: Vietnam Maritime Administration.

Step 3: Receipt and examination of the application dossier

Within 02 working days from the date of receipt of the application dossier:

• If the dossier is incomplete or invalid, the Vietnam Maritime Administration shall notify the enterprise and provide guidance on supplementing and completing the dossier;

• If the dossier is complete and valid, the enterprise shall be issued a receipt for the application dossier.

Step 4: Appraisal and issuance of the Certificate

• The Vietnam Maritime Administration shall appraise the application dossier and issue the Certificate of Eligibility for Maritime Transport Business.
• Processing time: Within 05 working days from the date on which a complete and valid application dossier is received.
• In the event that the Certificate of Eligibility for Maritime Transport Business is not issued, the Vietnam Maritime Administration must provide a written response clearly stating the reasons for such refusal.

The foregoing constitutes our complete article on the Procedures for Obtaining a License for Domestic Maritime Transport Services Business. Should you require further detailed legal advice or assistance regarding the procedures for accessing and utilizing these services, please contact Lawyer Nguyen Duc Trong directly via hotline 0912.35.65.75, or submit your service request via email at lawyer@hongbanglawfirm.com.

We wish you and your family good health, happiness, and continued success.

Yours sincerely,