Regulations on multimodal transport and international multimodal transport according to Vietnamese law

Can you do international multimodal transport business without an international multimodal transport business license?

1. What is multimodal transport? What is international multimodal transport?

According to Article 2 of Decree 87/2009/ND-CP, multimodal transport and international multimodal transport are regulated as follows:

– “Multimodal transport” is the transportation of goods by at least two different modes of transport on the basis of a multimodal transport contract mode.

– “International multimodal transport” is multimodal transport from the place where the multimodal transport operator receives goods in Vietnam to a designated location for delivery in another country and vice versa.

2. Can I do international multimodal transport business without an international multimodal transport business license?

According to Article 5 of Decree 87/2009/ND-CP, amended by Clause 2, Article 1 of Decree 144/2018/ND-CP, the conditions for international multimodal transport business are specified as follows following:

International multimodal transport business conditions

1. Vietnamese enterprises, cooperatives, and foreign enterprises investing in Vietnam are only allowed to conduct international multimodal transport business after obtaining an international multimodal transport business license on the basis of fully meeting the following conditions:

a) Maintaining minimum assets equivalent to 80,000 SDR or having an equivalent guarantee or having an alternative financial plan according to the provisions of law law;

b) Have multimodal transport professional liability insurance or equivalent guarantee.

2. Enterprises of countries that are members of the ASEAN Framework Agreement on Multimodal Transport or enterprises of countries that have signed international treaties with Vietnam on multimodal transport may only conduct international multimodal transport business after obtaining a Vietnamese International Multimodal Transport Business License on the basis of fully meeting the following conditions:

a) Have an international multimodal transport business registration certificate or equivalent document issued by the competent authority of that country;

b) Have multimodal transport professional liability insurance or an equivalent guarantee.

3. The Ministry of Transport organizes the management and issuance of international multimodal transport business licenses.

Thus, Vietnamese enterprises are only allowed to conduct international multimodal transport business when they fully meet the following conditions: Have a Business Registration Certificate including registration of international multimodal transport business, maintain minimum assets equivalent to 80,000 SDR or equivalent guarantee, and have professional liability insurance. Multimodal transport or equivalent guarantee and international multimodal transport business license. Therefore, the International Multimodal Transport Business License is a condition for an enterprise to conduct international multimodal transport business.

3. How are the procedures and dossiers for granting an international multimodal transport business license regulated?

According to Article 6 of Decree 87/2009/ND-CP, amended by Clause 3, Article 1 of Decree 144/2018/ND-CP, the procedures and dossiers for granting an international multimodal transport business license are regulated as follows: following:

Procedures for issuance of international multimodal transport business license

1. Enterprises, cooperatives, and foreign enterprises investing in Vietnam specified in Clause 1, Article 5 of this Decree shall submit 01 set of application documents for an international multimodal transport business license directly to the Ministry of Transport or by post or by other appropriate form according to regulations. The dossier includes:

a) Application for an international multimodal transport business license according to the form specified in Appendix I issued with this Decree;

b) Copy from the original book or a copy and present the original for comparison or a certified copy (in case of direct application), submit a certified copy (in case of application by post) for the Certificate Business registration or Investment registration certificate or equivalent documents as prescribed by law;

c) Audited financial statements. In case an enterprise or cooperative does not perform an audit, it must receive an equivalent guarantee from a banking institution or other organization or individual; or have alternative financial plans as prescribed by law.

2. Enterprises specified in Clause 2, Article 5 of this Decree submit 01 set of application dossier for an international multimodal transport business license directly to the Ministry of Transport or by post or by other suitable form. The dossier includes:

a) Application for an international multimodal transport business license according to the form specified in Appendix I issued with this Decree;

b) Copy of the international multimodal transport business registration certificate or equivalent document issued by the competent authority of that country and consularly legalized;

c) Multimodal transport professional liability insurance contract or equivalent guarantee.

3. In case the application dossier for an international multimodal transport business license is incomplete as prescribed, within 03 (three) working days from the date of receiving the dossier directly or the date of arrival recorded on the postmark, the Ministry of Transport must send a written response to the enterprise clearly stating the reason.

4. Within 05 (five) working days from the date of receipt of complete documents as prescribed, the Ministry of Transport shall issue an international multimodal transport business license to the enterprise according to the form specified in Appendix III issued with this Decree.

The international multimodal transport business license is valid for 05 years from the date of issue.

5. If there is a change in one of the contents stated in the International Multimodal Transport Business License during the validity period, the international multimodal transport business must carry out the procedures prescribed in Article 7 of this Decree to request re-issuance of the International Multimodal Transport Business License.

Thus, Vietnamese enterprises submit documents including an application for an international multimodal transport business license (according to the form in Appendix I), a certified copy of the Business Registration Certificate (or notarized) or a certified or notarized copy of the Investment License including registration of international multimodal transport business, confirmation of the value of corporate assets from a financial agency or equivalent guarantee to the Ministry of Transport. to apply for an international multimodal transport business license.