Recommendation: To recommend to the Government for leading the Ministry of Transport to postpone the validity period or suspended the Circular No. 43/2016 / TT-BGTVT promulgating a technical regulation No QCVN 95: 2016 / BGTVT, wait for more time when having sufficient information and  necessary data, then promulgating the technical regulation.

Details of the recommendation:

On June 17, 2007, the National Assembly's Committee for Science, Technology and Environment chaired a meeting to listen to the voice of relevant parties in the registration and development of vessels by PPC materials technology. At the meeting, the Vietnam Registry still reserved the viewpoint of only registering for PPC ships with capacity up to 12 people, which means that the Circular 43/2016 / TT-BGTVT promulgated QCVN 95: 2016 / BGTVT on the decentralization and building of inland waterway vehicles by PPC materials will have taken effect from June 28, 2017

If the Circular 43/2016 / TT-BGTVT take effect, the businesses produce vessels by PPC materials technology will be facing a lot of difficulties and it will be a barrier to the creativity of the science and technology businesses. Therefore, it is necessary to delay the effective date or suspend the Circular No. 43/2016 / TT-BGTVT promulgating the technical regulation No QCVN 95: 2016 / BGTVT wait for more time when having sufficient information and necessary data, then promulgating the technical regulation with following reasons:

- The technical regulation No QCVN 95: 2016 / BGTVT governed by Circular 43/2016 / TT-BGTVT is a legally legal documents that force relevant affiliates must do. With legal documents, it is not easy to change, update, adjustment, supplement, while the registry body itself is confirming that it needs more time for adjustment of the PPC.

- When QCVN 95: 2016 / BGTVT takes effect, the registry body is obliged to comply, so that the registry has the right to refuse registration for ships with capacity exceeding the technical regulation, even in case the company wants to make bigger test ships, it will also be difficult for the company to apply the ask – give mechanism .

- At present, the company is receiving support from the Ba Ria - Vung Tau Province to build for a test of the PPC fishing boats for fishermen. However, if QCVN 95: 2016 / BGTVT takes effect, the fishing vessel registry office of The Ministry of Agriculture and Rural Development also reserves the right to refuse to register PPC fishing vessels when the size of the fishing vessel is larger than the permitted level.

- The Party and the State are orienting for tourism as a key economic sector, so the demand for ships with greater capacity for sea and island tourism is huge. Domestic customers are particularly interested in the tourist canoes, boats by PPC materials to take visitors by the special nature of this vessel is friendly environment, not paint, not corroded in Marine environment, materials is lighter than water always be safe float in case of trouble. Most canoes and boats must have a capacity of over 12 people to ensure business efficiency and meet the needs of tourists. While traditional boats have not yet been suitable for marine tourism, if the PPC technical regulation goes into effect, sea travel will lose the opportunity to have a better way to develop tourism.

- Why did the registry office re-issue the limit of 12-passengers while drafts of the technical regulation in the past did not limit the number of people? In the period from 2015 to 2016, the registry body issued many drafts for getting the opinions of all organizations and agencies that have no limit to the capacity of 12 people. Is it possible after the Vietnam Register to register two passenger ships carrying 30 and 56 people produced by a business in Hanoi unsuccessfully, so  the Vietnam Register promulgated the technical regulation that limit the capacity of vehicles? The registry body also acknowledged that two passenger ships in Nha Trang were unsuccessful not due to material defects but in fact due to design errors. It could not be because of the failure of two passenger ships that the registry body closed technology, do not allow for development while the Viet-Czech Technology Joint Stock Company in Vung Tau successfully built two ships equipped with an external motor with capacity of 20 and 35 people are doing very well, but the registry body does not consider and check for registery implementation.

- The registery is actually an inspection activity to check whether the vehicles meet safety requirements and protect the environment or not, then put  them into circulation. From 2015 to 2016, the Vietnam Register also registered a series of vessels for local businesses to the process of temporary inspection of vessels to issue registration certificates for ships operating. Therefore, if the QCVN 95: 2016 / BGTVT has not yet been issued, the Vietnam Register can still carry out the normal registration work as it is doing now and also the way Cslloyd and Navy Register have done since 2013

- Vietnam Register is concerned that legal issues when registration and having no technical regulation  for PPC materials vessels will break the law. The understanding of the registry is not correct because the registration of vessels have full standards, even in QCVN 95: 2016 / BGTVT also invoked a series of standards, technical regulations in the country and in the world that the registry body is applying. The technical regulation No. QCVN 95: 2016 / BGTVT that essentially is a collection of existing standards and adds only specific characteristics of PPC materials to become the technical regulation for PPC ships. The registration of a vehicle of transportation is based only on the standards and technical regulation, but must be checked for the vehicle's calculation, design, manufacturing process and actual test run. If the results are good, the registry will issue a registration for the vehicle of operation.

-The technical regulation No  QCVN 95: 2016 / BGTVT only refers to a single vessel, so if the standard is in force, the type of vessel that the company wants to develop will not be registered even if it only carries 12 people. Two-body vessel is a mixture of two types of steel and PPC materials, but the technical regulation does not accept this. This is the shortcoming that the registry body needs to consider adding to facilitate the creative activity.

2.       Recommendation: to facilitate the Cslloyd Register to enter Vietnam to register the PPC new materials technology ships and recognize the results of its registration.

Details of the recommendation:

At the meeting, Vietnam Register (VR) said that the law of Vietnam does not allow foreign registry organizations to provide registry services and Cslloyd is not a registry organization, it means the registry of Vietnam does not recognize Cslloyd's legal status and capacity. In this regard, the company would like to have the following opinions:

In order to remove the difficulties in registering the PPC, on 25 September 2012, Vietnam Register signed a cooperation agreement with Cslloyd in the presence of representatives of Viet – Czech Technology Joint Stock Company, under which Cslloyd will execute the registration and transfer the results to the Vietnam Register for accreditation. If saying that the foreign registration is not provided services in Vietnam, why Vietnam Register signed a cooperation agreement with Cslloyd?

At the meeting on June 17, 2017, Mr. Nguyen Vu Hai still argues that the Law of Vietnam does not allow foreign registration in Vietnam to register ships and also does not recognize the registry of Cslloyd. The perception of the Vietnam Register is not in compliance with the law, which means that this organization always wants to have its own registry, deny an international agreement signed with Cslloyd (Czech Republic).

At the website of the Vietnam Register, there is still a picture of the signing ceremony of a cooperation agreement between the Vietnam Registry and the Czech registry organization (Cslloyd) with the participation of business leaders – Vietnam- Czech Technology Joint Stock Company. The Vietnam Register also acknowledges that Cslloyd is a registry organization and should sign the agreement. After signing the agreement, Cslloyd has entered Vietnam and has carried out the ship registration for businesses, and sent the results to VR for recognition, but VR refused to recognize.

Currently, many large registered organizations in the world are cooperating with VR to register ships and other industrial products. It is the responsibility of VR to guide domestic and foreign registry agencies to perform registry work in Vietnam, which is clearly stated in the functions and duties of the Registry.

The business would like to request the Government and the Ministry of Transport to direct the Vietnam Register to respect the signed agreements and create conditions for the Cslloyd registry agency to register the new PPC materials vessels and recognize results of the registry of this agency. Cslloyd's cooperation with Vietnam Register will create favorable conditions for businesses to solve problems related to the registration of new technology vessels.