Legal Basis for Port Exploitation and Business Activities

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Vietnam's maritime industry is one of the earliest industries to establish bilateral and multilateral relations with countries and international organizations in the region and the world. Vietnam is a member of the International Maritime Organization (IMO), the International Association of Lighthouse Operators (IALA), the International Maritime Organization (INMARSAT), the COSPAS-SARSAT agreement and has signed 17 bilateral maritime agreements with countries, is a member of ASEAN, APEC, and the agreement on port state inspection in the Asia-Pacific region.

Currently, Vietnam has participated in 12 international maritime conventions of IMO and INMARSAT, including:

- COLREG 72 Convention: International regulations for preventing collisions at sea. Vietnam ratified this convention on November 18, 1990 and it came into effect on March 18, 1991.

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- MARPOL Convention dated 02/11/1973 for the prevention of pollution from ships 1973-1987, effective for Vietnam from 18/3/1991.

- MARPOL 73/78 Convention: specifies measures to prevent marine pollution from ships, creating favorable conditions for ships flying the national flag to enter seaports around the world.

- IMO_SOLAR Convention: convention on salvage at sea, effective from

Vietnam since March 18, 1991.

- The 1976 Water Tenancy Convention

- Convention on Preventing Collisions, 1978, entered into force for Vietnam from December 18, 1990.

- VNLOS Convention 1982: Convention on the Law of the Sea 1982 - signed on

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December 10, 1982 in Montego Bay, Jamaica. The Convention entered into force on November 16, 1994. Vietnam was the 64th country to ratify the Convention through a resolution of the National Assembly on June 23, 1994.

In addition, Vietnam has joined the following relevant Agreements on maritime services of ASEAN countries:

- Agreement to facilitate the search for ships in distress and the rescue of survivors of ships in distress, signed on May 15, 1975.

- ASEAN Framework Agreement on Trade in Services, signed on December 15, 1995.

- Framework Agreement on ASEAN Investment Area, signed on October 7, 1998.

- ASEAN Framework Agreement on Facilitation of Goods in Transit, signed on December 16, 1998.

Recently, the Vietnam Maritime Administration has proposed to the Ministry of Transport and the Government to sign and join the 1992 Protocol, amending the 1969 International Convention on the Limitation of Civil Liability for Oil Pollution Damage (abbreviated as CLC 92), the 1998 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA 1998), and successfully implemented the SOLAR 74/78 Protocol on the Security Code for Ships and Port Facilities, and is promoting the signing and joining the international convention on the facilitation of maritime transport (FLA 65).

2. Vietnamese Law

2.1. Legal basis for port exploitation and business activities

Hai Phong Port as well as all other ports in the country must

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follow these rules:

- Laws enacted by the National Assembly:

+ Vietnam Maritime Code 1990

+ Maritime Code 2005

- Ordinance issued by the National Assembly Standing Committee:

+ Price ordinance

+ Ordinance on fees and charges

- Decree issued by the government

+ Decree No. 170/2003/ND-CP detailing the implementation of the price ordinance.

+ Decree No. 79/CP dated November 22, 1995 of the Government approving the Charter on organization and operation of Vietnam National Shipping Lines.

+ Decree No. 55/1998/ND-CP dated July 22, 1998 of the Government on handling of goods stored by sea carriers in Vietnam.

+ Decree No. 40/1998/ND-CP dated June 10, 1998 of the Government on maritime transport business of companies and private enterprises.

+ Economic Contract Ordinance

+ Decree No. 92/1999/ND-CP dated September 4, 1999 of the Government on administrative sanctions for violations in the maritime sector.

+ Decree No. 10/2001/ND-CP dated March 19, 2001 on conditions for maritime service business.

+ Decree No. 24/2001/ND-CP on amending and supplementing a number of articles of the Regulations on management of maritime activities at seaports and maritime areas in Vietnam issued together with Decree No. 13/CP dated February 25, 1994 of the Government.

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+ Decree No. 57/2001/ND-CP dated August 24, 2001 of the Government on conditions for doing business in maritime transport services.

+ Decree No. 34/2003/ND-CP of the Government dated April 4, 2003 regulating the functions, tasks, powers and organizational structure of the Ministry of Transport.

+ Decision of the Prime Minister No. 269/2003/QD-TTG, dated December 22, 2003, stipulating the functions, tasks, powers and organizational structure of the Vietnam Maritime Administration.

+ Decree of the Government No. 160/2003/ND-CP dated December 18, 2003 on management of maritime activities at seaports and maritime areas of Vietnam

- Decision of the Ministry of Transport.

+ Decision 2106/QDVT on delivery and preservation of goods

+ Decision No. 2756/2002/QD-BGTVT dated August 29, 2002 on promulgating regulations on reporting and investigating maritime accidents.

- Tariff of the Ministry of Finance

+ Tariff 61/2003/QD-BTC

+ Tariff 62/2003/QD-BTC

+ No. 12634 TC/TCT on goods fees and charges

+ Decision 100/2004/QD-BTC of the Ministry of Finance dated December 24, 2004 on the regulation of the rate of payment and payment of maritime fees and charges to agencies and organizations collecting fees and charges.

+ Joint Circular 08/2004/TTLT-BTM-BTC-BGTVT of the Ministry of Trade, Ministry of Finance, Ministry of Transport dated December 17, 2004 on guidance on implementation of international container transshipment services at Vietnamese seaports.

- Decision of Vietnam Maritime Administration

+ Decision of the Director of Vietnam Maritime Administration

+ Decision of the Director of Hai Phong Port Authority

- Decision of Vietnam National Shipping Lines

- Decision of Hai Phong port

+ Decision on tariff – Hai Phong Port

* Maritime Code 2005: is the code that replaces the Maritime Code of 1990, with many new contents regulating maritime relations that were not regulated in the 1990 Code such as: principles of maritime activities; maritime development policy; state management responsibilities for maritime; prohibited acts in maritime activities; principles and conditions for ship registration; maritime security; maritime search and rescue; functions, classification, planning, investment, construction and exploitation of seaports... and other contents. Regulations that are not leaked, overlapping, contradictory, inconsistent or no longer consistent with Vietnamese law and relevant international treaties are all

was revised and replaced in the 2005 Code. All the contents of the adjustment related to maritime integration are selectively applied the provisions of treaties, customs, international practices and practical experiences in the country as well as abroad. This is the legal basis to promote the comprehensive, effective and sustainable development of maritime activities in our country along with the proactive integration that domestic maritime economic sectors have the right to apply. In addition, the 2005 Maritime Code does not restrict economic sectors from participating in maritime service business. This is a challenge for the business

Hai Phong port's seaport service business has to compete with domestic enterprises operating in the field of maritime services.

* In addition, businesses providing seaport services must also

comply with the principles and standards of specialized laws such as the Law

Vietnam Trade Law 2005 and Enterprise Law 2005. Enterprise Law

2005 also regulates the establishment, management organization and operation of seaport service enterprises.

2.2. Legal basis for some specific seaport services

2.2.1 Laws on loading and unloading, cargo delivery, towing, ship support, shipping agency and maritime brokerage

First of all, about the conditions for doing business in cargo handling services: according to Article 21 of Decree No. 10/2001/ND-CP dated March 19, 2001, it is stipulated as follows: Enterprises are allowed to do business in cargo handling services when they meet all of the following conditions:

- The company director has at least 2 years of working experience directly responsible for loading and unloading goods.

- Have means, equipment, and unloading tools that ensure technical safety standards and have a team of unloading workers that meet the requirements according to regulations.

Regarding the regulations for loading, unloading, delivery and storage of goods at the port, it must comply with the regulations issued with Decision 2106/QD-GTVT dated August 23, 1997 of the Minister of Transport. Accordingly, loading, unloading, delivery and storage of goods must be carried out on the basis of a contract signed between the port and the owner of the goods or the carrier or the authorized person and the contract must be

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