THE MINISTRY OF TRANSPORT
 
No. 37/2015/TT-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, July 28, 2015
 
CIRCULAR
Providing procedures for licensing import of used seagoing ships for dismantlement [1]
Pursuant to the June 23, 2014 Law on Environmental Protection;
Pursuant to the Government’s Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Decree No. 114/2014/ND-CP of November 26, 2014, defining eligible subjects and conditions for import and dismantlement of used seagoing ships;
At the proposal of the Director of the Environment Department and the Director of the Vietnam Maritime Administration,
The Minister of Transport promulgates the Decree providing procedures for licensing the import of used seagoing ships for dismantlement.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular provides procedures for grant, re-grant and revocation of licenses for import of used seagoing ships for dismantlement in Vietnam.
2. This Circular applies to Vietnamese and foreign organizations and individuals involved in the procedures for grant, re-grant and revocation of licenses for import of used seagoing ships for dismantlement in Vietnam.
Article 2. Written certification of legal capital
An enterprise applying for a license for import of used seagoing ships for dismantlement must have a written certification that it has a legal capital of at least fifty (50) billion Vietnam dong as follows:
1. For contributed capital in Vietnam dong or a freely convertible foreign currency: A credit institution’s document certifying the enterprise’s amount of money in a blocked account at such credit institution; such amount of money shall be released only after the enterprise is granted a license for import of used seagoing ships for dismantlement or receives a written notice that it is not granted such license.
2. For contributed capital being assets or real estate to directly serve the import of seagoing ships for dismantlement: A competent valuation organization’s document certifying the converted monetary value of the assets or real estate.
3. Organizations and individuals competent to certify enterprises’ capital shall take responsibility for the accuracy and truthfulness of data at the time of certification.
4. Enterprises currently engaged in seagoing ship dismantlement may use their bank guarantees as written certification of capital.