Thông tư 04/2014/TT-BGTVT

CIRCULAR

ON CONDITIONS AND PROCEDURES FOR ISSUANCE OF LICENSES FOR IMPORT OF FLARES SERVING MARITIME SAFETY

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 by the Government detailing the implementation of the Law on Commerce regarding the international trade and the purchasing, selling, processing and transit of goods to foreign country;

At the request of the Director of Department of Planning and Investment,

The Minister of Transport promulgates this Circular regulating conditions and procedures for the issuance of the licenses for import of flares serving the maritime safety.

Article 1. Scope of regulation

This Circular provides regulations on conditions and procedures for the issuance of license for import of flares serving maritime safety (hereinafter referred to as License)

Article 2. Regulated entities

This Circular applies to organizations and individuals involved in the import of flares serving maritime safety.

Article 3. Interpretation of terms

Flares used for maritime safety includes: parachute flare, hand-operated torch and buoyant smoke signal that satisfy the regulations prescribed in Chapter III of the International Life-Saving Appliance (LSA) Code promulgated by the International Maritime Organization.

Article 4. Conditions for the issuance of License

Organizations and individuals who wish to import flares serving maritime safety must have:

1. Certificate of Enterprise registration (or investment certificate), the business operation must relate to transportations, instruments, materials for maritime activities.

2. Certificate of competent agencies of the country manufacturing flares confirming that the flares used for maritime safety have been tested according to regulations in Resolution MSC.81(70) dated December 11, 1998 by the International Maritime Organization.

Article 5. Procedures for the issuance of License

1. Organizations and individuals who would like to import flares serving maritime safety shall send 01 (one) application for the license, directly or by post, to the Ministry of Transport. The application shall include:

a) Written request for permission to import flares serving maritime safety, including clearly the type, quantity, country of origin, product specification, characteristics, uses, code and duration of each type; import duration;

b) A certified true copy of Certificate of Enterprise registration (or investment certificate);

c) A certified translation of the Certificate of origin issued by competent authority of the country of origin confirming that the flares used for maritime safety have been tested according to regulations in Resolution MSC.81(70) dated December 11, 1998 by the International Maritime Organization;

d) A report made by the applicant on the implementation of import license in the previous year and the report on import license from Sub-department of Customs at the checkpoint (if any).

2. The Ministry of Transport shall examine the application. If the application is not satisfactory, within 5 working years as from the day the application is received, the Ministry of Transport shall make a written request for the supplementation. If the application is satisfactory, the Ministry of Transport shall request the Ministry of National Defense to consider. Within 5 working days as from the day on which the application is received from the Ministry of Transport, the Ministry of National Defense (or an agency authorized by the Ministry of National Defense) is responsible for giving a response in writing. Within 5 working days as from the day the application is received, if the Ministry of National Defense accepts, the Ministry of Transport shall issue the license to the applicant using the form provided in the Appendix enclosed with this Circular. If the Ministry of Transport does not receive the response from the Ministry of National Defense after the deadline for responding prescribed in this clause, the Ministry of Transport shall give decision on the issuance of License according to the demand of organizations and individuals. If the application is rejected, the Ministry of Transport shall respond in writing specifying the reasons for the refusal.

3. The Minister of Transport shall refuse to issue of the license for import of flares serving maritime safety if:

a) The flares serving maritime safety have expired or the Certificate of Origin of the flares serving maritime safety is issued by unauthorized agencies.

b) The application for License has sign of forge.

c) The Ministry of National Defense denies the issuance.

d) The Ministry of Transport has clear and acceptable reasons to refuse to issue the License.

4. Duration of the License is according to the request of the importer. Nevertheless, the License shall expire at the end of the year in which the License is issued.

Article 6. Effect

This Circular takes effect on May 15, 2014 and replaces Decision No. 20/2006/QĐ-BGTVT dated May 04, 2006 by the Minister of Transport regulating conditions, criteria and procedures for the issuance of License for import of flares serving maritime safety.

Article 7. Organizations of implementation

1. Department of Planning and Investment shall play the role of advisor for the issuance of License to organizations and individuals as prescribed in this Circular.

2. The Chief of the Ministry Office, the Chief Inspector of the Ministry, the General Director of the Directorate for Roads of Vietnam, the Director of the Department under Ministry, Heads of the relevant offices, organizations, individuals are responsible for the implementation of this Circular./.