Transportation Laws in Vietnam (PDF)

a) Classification DECREE No. 163/2017/ND-CP ON PROVISION OF LOGISTICS SERVICES dated December 30, 2017 – Article 3 Courier services Freight transport agency services Sea...

a) Classification DECREE No. 163/2017/ND-CP ON PROVISION OF LOGISTICS SERVICES dated December 30, 2017 – Article 3 Courier services Freight transport agency services Sea transport services Inland waterway transport services Transportation Rail transport services service Road transport services Air carriage services Multimodal transport services Other auxiliary services for transport Nguyen Phuc Linh  b) Laws on transport No. Modes Definition Law Date Inland sea transport means the transportation Consolidated document No. 25/VBHN-VPQH VIETNAM MARITIME of goods, passengers and luggage by sea CODE which combines: December 10, vessels, where the point of receipt and - Vietnam Maritime Code No. 95/2015/QH13 (25/11/2015), 2018 delivery of goods, passengers and luggage is in amended and supplemented by: the territorial sea of Vietnam. 1. Law No. 35/2018 / QH14 (20/11/2018) 1 Sea Consolidated document No. 07/VBHN-BGTVT CONDITIONS FOR International maritime transport is the MARITIME TRANSPORTATION, TRANSPORTATION OF SHIP AGENCY transportation of goods, passengers and SERVICES AND SHIP TOLLING SERVICES which combines: December 24, luggage by sea between a Vietnamese seaport - Decree No. 160/2016 / ND-CP (29/11/2016) , amended and 2018 and a foreign seaport or between foreign supplemented by: seaports. 1. Decree No. 147/2018 / ND-CP (24/10/2018) Consolidated document No. 23/VBHN-VPQH THE LAW ON INLAND WATERWAY TRAFFIC which combines: Inland Inland waterway traffic activities include The Law on Inland Waterway Traffic No. 23/2004 / QH11 December 10, 2 waterway activities of people and vehicles participating (15/06/2004) amended and supplemented by: 2018 in transportation on inland waterways. 1. Law No. 48/2014 / QH13 (17/06/2014); 2. Law on Fees and Charges No. 97/2015 / QH13 (25/11/2015); 3. Law No. 35/2018 / QH14 (20/11/2018). Consolidated document No. 24/VBHN-VPQH THE LAW ON Rail transport business is the practice of RAILWAYS which combines: December 10, 3 Rail transporting passengers, luggage and goods - Law on Railways No. 06/2017 / QH14 (16/06/2017), amended and 2018 by rail for profit. supplemented by: 1. Law No. 35/2018 / QH14 (20/11/2018). Nguyen Phuc Linh  b) Laws on transport (cont.) No. Modes Definition Law Date Consolidated document No. 15/VBHN-VPQH THE LAW ON ROAD TRAFFIC which combines: - The Law on Road Traffic No. 23/2008 / QH12 (13/11/2008), Road transport is the activity of using land vehicles to 4 Road amended and supplemented by: July 5, 2019 transport people and goods on roads. 1. Law No. 35/2018 / QH14 (20/11/2018); 2. Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019 / QH14 (14/06/2019). Consolidated document No. 36/VBHN-VPQH THE LAW ON VIETNAM CIVIL AVIATION which combines: Air transport is the transportation of passengers, luggage, - Law on Vietnam Civil Aviation No. 66/2006 / QH11 (29/06/2006), December 16, 5 Air cargo and postal items by air. amended and supplemented by: 2019 1. The Law on Land No. 45/2013 / QH13 (29/11/2013); 2. Law No. 61/2014 / QH13 (21/11/2014). Consolidated document No. 03/VBHN-BGTVT DECREE ON MULTIMODAL TRANSPORTATION which combines: “Multimodal transport” means the carriage of goods by - Decree No. 187/2009 / ND-CP (19/10/2009), amended and January 31, 6 Multimodal at least two different modes of transport on the basis of supplemented by: 2019 a multimodal transport contract. 1. Decree No. 89/2011 / ND-CP (10/10/2011); 2. Decree No. 144/2018 / ND-CP (16/10/2018). This mode of transportation carries oil, natural gas, coal slurry and other liquids/gases continuously over various In Viet Nam, this mode of transport is controlled by the 7 Pipeline terrains from the point of origin to the point of government destination using a system of pipelines connected from one country to another. Nguyen Phuc Linh  a) Water Transportation - Law No. Modes Definition Law Date Article 4.23: Inland sea transport means the transportation of goods, passengers and luggage by sea vessels, where the point Consolidated document No. 25/VBHN-VPQH VIETNAM of receipt and delivery of goods, passengers and luggage is in the MARITIME CODE which combines: territorial sea of Vietnam. December 10, - Vietnam Maritime Code No. 95/2015/QH13 2018 (25/11/2015), amended and supplemented by: Vận tải biển nội địa là việc vận chuyển hàng hóa, hành khách, 1. Law No. 35/2018 / QH14 (20/11/2018) hành lý bằng tàu biển mà điểm nhận và điểm trả hàng hóa, hành khách, hành lý thuộc vùng biển Việt Nam. 1 Sea Article 3.2: International maritime transport is the Consolidated document No. 07/VBHN-BGTVT transportation of goods, passengers and luggage by sea between CONDITIONS FOR MARITIME TRANSPORTATION, a Vietnamese seaport and a foreign seaport or between foreign TRANSPORTATION OF SHIP AGENCY SERVICES AND seaports. December 24, SHIP TOLLING SERVICES which combines: 2018 - Decree No. 160/2016 / ND-CP (29/11/2016) , Vận tải biển quốc tế là việc vận chuyển hàng hóa, hành khách, amended and supplemented by: hành lý bằng tàu biển giữa cảng biển Việt Nam và cảng biển 1. Decree No. 147/2018 / ND-CP (24/10/2018) nước ngoài hoặc giữa các cảng biển nước ngoài. Consolidated document No. 23/VBHN-VPQH THE LAW Article 3.2: Inland waterway traffic activities include activities of ON INLAND WATERWAY TRAFFIC which combines: people and vehicles participating in transportation on inland - The Law on Inland Waterway Traffic No. 23/2004 / Inland waterways. QH11 (15/06/2004) amended and supplemented by: December 10, 2 waterway 1. Law No. 48/2014 / QH13 (17/06/2014); 2018 Hoạt động giao thông đường thủy nội địa gồm hoạt động của 2. Law on Fees and Charges No. 97/2015 / QH13 người, phương tiện tham gia giao thông vận tải trên đường thủy (25/11/2015); nội địa 3. Law No. 35/2018 / QH14 (20/11/2018). Nguyen Phuc Linh  a) Water Transportation – Pros & Cons and IMO  Advantages The cheapest and easiest modes of transportation. Goods in bulk are transported. Promoting international trade. Less risky than land transport.  Disadvantages Long transit time. Performance is affected by seasonal variations. Not convenient for land landlocked countries. No door-to-door service. IMO – the International Maritime Organization – is the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented. https://www.imo.org/ Nguyen Phuc Linh b) Land Transportation – Law No. Modes Definition Law Date Article 3.21: Rail transport business is the practice of transporting passengers, luggage and goods by rail Consolidated document No. 24/VBHN-VPQH THE for profit. LAW ON RAILWAYS which combines: December 10, 3 Rail - Law on Railways No. 06/2017 / QH14 2018 Kinh doanh vận tải đường sắt là việc thực hiện vận (16/06/2017), amended and supplemented by: chuyển hành khách, hành lý và hàng hóa bằng 1. Law No. 35/2018 / QH14 (20/11/2018). đường sắt nhằm mục đích sinh lợi. Consolidated document No. 15/VBHN-VPQH THE Article 3.30: Road transport is the activity of using LAW ON ROAD TRAFFIC which combines: land vehicles to transport people and goods on roads. - The Law on Road Traffic No. 23/2008 / QH12 (13/11/2008), amended and supplemented by: 4 Road July 5, 2019 Vận tải đường bộ là hoạt động sử dụng phương tiện 1. Law No. 35/2018 / QH14 (20/11/2018); giao thông đường bộ để vận chuyển người, hàng hóa 2. Law on Prevention and Control of Harms of trên đường bộ. Alcohol and Beer No. 44/2019 / QH14 (14/06/2019). Nguyen Phuc Linh b) Land Transportation – Pros & Cons Rail Road  Advantages  Advantages Very flexible in nature. Economical for long distances because it can easily cover all area of states and cities. Facilitating the movement of goods even in remote areas. Most suitable for carrying a bulky amount of goods and Various alternatives in the form of car, rickshaw, auto, cars, products. bus, trucks, and so on. Safest means of transport. Suitable for a short distance journey. Providing door-to-door service  Disadvantages Huge capital required for construction and maintenance.  Disadvantages Not flexible in nature. Not very economical for long distance transport. Time-consuming because of terminal operations. Highest risk of accidents Monopoly in nature. No door-to-door service. Nguyen Phuc Linh  c) Air Transportation – Law, Pros & Cons and IATA No. Modes Definition Law Date Consolidated document No. 36/VBHN-VPQH THE LAW ON Article 109.1: Air transport is the transportation of VIETNAM CIVIL AVIATION which combines: passengers, luggage, cargo and postal items by air. - Law on Vietnam Civil Aviation No. 66/2006 / QH11 (29/06/2006), December 16, 5 Air amended and supplemented by: 2019 Vận chuyển hàng không là việc vận chuyển hành khách, 1. The Law on Land No. 45/2013 / QH13 (29/11/2013); hành lý, hàng hóa, bưu gửi bằng đường hàng không 2. Law No. 61/2014 / QH13 (21/11/2014). The International Air Transport Association (IATA) is the trade association for the world’s airlines. They support many areas of aviation activity and help formulate industry policy on critical aviation issues.​ https://www.iata.org/  Advantages  Disadvantages Fastest mode of Large capital investment transportation. needed. Useful moving the goods in Depending on weather. small amount. Requiring high-skilled Providing an efficient, regular, employee. and quick service. Most costly among modes of Suitable for emergency transport. services. Nguyen Phuc Linh d) Multimodal/Intermodal Transportation – Law and Pros & Cons No. Modes Definition Law Date Article 2.1: “Multimodal transport” means the carriage of goods by at Consolidated document No. 03/VBHN-BGTVT DECREE ON least two different modes of transport on the basis of a multimodal MULTIMODAL TRANSPORTATION which combines: transport contract. - Decree No. 187/2009 / ND-CP (19/10/2009), amended January 31, 6 Multimodal and supplemented by: 2019 “Vận tải đa phương thức” là việc vận chuyển hàng hóa bằng ít nhất 1. Decree No. 89/2011 / ND-CP (10/10/2011); hai phương thức vận tải khác nhau trên cơ sở hợp đồng vận tải đa 2. Decree No. 144/2018 / ND-CP (16/10/2018). phương thức.  Advantages Efficient: better control of time Economies of scale: by consolidation, the cost per container will reduce Environmentally friendly: less individual vehicles needed. Providing door-to-door service  Disadvantages High requirements to ensure security due to changing vehicles. Certain restrictions of a legal and operational nature due to differences in laws, regulations and conditions of each country. Nguyen Long timeLinh Phuc during transit.  e) Pipelines Transportation ❖ This mode of transportation carries oil, natural gas, coal slurry and other liquids/gases continuously over various terrains from the point of origin to the point of destination using a system of pipelines connected from one country to another. ❖ In Viet Nam, this mode of transport is controlled by the government  Advantages Fast in transporting liquids and gases. Consuming low energy power. Requiring limited area of maintenance. Accident-free.  Disadvantages The route is fixed. Costly and time-consuming for maintenance. Difficult to ensure the security. Nguyen Phuc Linh  a) Container Mainly used in land and sea transport A TEU (twenty-foot equivalent unit) or a FEU (forty-foot equivalent unit) is a measure of volume in units of a 20-foot or 40-foot long container, respectively FCL = Full Container Load LCL = Less-than-container Load Nguyen Phuc Linh  b) Pallet – What is it? Nguyen Phuc Linh  b) Pallet – IPPC Treatment code Treatment type XX: ISO Country code HT Heat treatment 000: Unique Producer/treatment provider code assigned by the DH Dielectric heating national plant protection MB Methyl bromide CH3Br organization (NPPO) of each country SF Sulphuryl fluoride SO2F2 YY: Treatment code The International Plant Protection Convention (IPPC) Symbol Nguyen Phuc Linh  c) Unit Load Device (ULD) Mainly used in air transport ULD Pallets ULD Containers Nguyen Phuc Linh