Is the maximum operating time of a domestic wooden floating restaurant different from that of an imported floating restaurant?
- Are floating restaurants considered inland waterways?
- What are the differences between domestic and imported wooden-shell floating restaurants in terms of useful life and what are the regulations on them?
- What is the time for counting the useful life of a floating restaurant?
- What are the regulations on the year of building of a floating restaurant?
Are floating restaurants considered inland waterways?
Inland waterway vessel (hereinafter called vessel) means a ship, boat or another floating structure, motorized or non-motorized, operating exclusively on inland waterways according to Clause 7 Article 3 of the 2004 Law on inland waterway navigation of Vietnam.
According to Clause 9 Article 3 of Decree 111/2014/ND-CP of Vietnam explaining that a floating restaurant means an inland waterway vessel with food and drink service business registration but no cabin for carrying passengers.
Thus, a floating restaurant means an inland waterway vessel with food and drink service business registration but no cabin for carrying passengers.
Floating restaurant (Image from the Internet)
What are the differences between domestic and imported wooden-shell floating restaurants in terms of useful life and what are the regulations on them?
Useful life of an inland waterway vessel means the maximum period of time measured in years during which the vessel is permitted to operate according to Clause 1 Article 3 of Decree 111/2014/ND-CP of Vietnam.
Useful life of a vessel permitted for import means the maximum period of time measured in years during which an operating vessel is permitted for import into Vietnam, below collectively referred to as age of vessels permitted for import according to Clause 2 Article 3 of Decree 111/2014/ND-CP of Vietnam.
According to Article 4 of Decree 111/2014/ND-CP of Vietnam on useful life of inland waterway vessels as follows:
“Article 4. Useful life of inland waterway vessels
1. The useful life of inland waterway vessels is prescribed as follows:
Number | Types of vessels | With metal, fiber-reinforced plastic, ferrocement or reinforced concrete hull, not exceeding (years) | With wooden hull, not exceeding (years) |
1 | Ships carrying dangerous goods, oil, liquefed gases in bulk | 30 | 25 |
2 | Overnight cruises, floating hotels, floating restaurants | 35 | 20 |
3 | Passenger ships other than overnight cruises, floating hotels, floating restaurants, high-speed ships and hovercrafts | 30 | 25 |
4 | High-speed passenger ships | 20 | \ |
5 | Hovercrafts | 18 | \ |
According to that, the useful life of a floating restaurant with wooden shells must not exceed 20 years.
According to the provisions of Article 5 of Decree 111/2014/ND-CP of Vietnam on ages of vessels permitted for import as follows:
“Article 5. Ages of vessels permitted for import
1. The ages of vessels permitted for import must not exceed 10 years for passenger ships and passenger vessels and not exceed 15 years for other vessels.
2. Not to import wooden-hull overnight cruises, floating restaurants and floating hotels and other vessels lacking sufficient grounds for determining their building year.
3. In special cases, the Prime Minister shall decide on the ages of vessels permitted for import at the proposal of the Minister of Transport.”
According to that, the useful life or age of a floating restaurant permitted for import must not exceed 15 years.
What is the time for counting the useful life of a floating restaurant?
Pursuant to the provisions of Article 6 of Decree 111/2014/ND-CP of Vietnam on the time to calculate the useful life as follows:
“Article 6. Time for counting the useful life
1. The useful life of an inland waterway vessel shall be counted from the year of its building. The determination of building years of vessels must comply with Article 7 of this Decree.
2. The age of a vessel permitted for import shall be counted from the year of its building to the year of registration of the customs declaration for its import into Vietnam.”
Thus, the useful life of a floating restaurant shall be counted from the year of its building. The determination of building years of vessels must comply with Article 7 of this Decree.
The age of a floating restaurant permitted for import shall be counted from the year of its building to the year of registration of the customs declaration for its import into Vietnam.
What are the regulations on the year of building of a floating restaurant?
The year of building of a floating restaurant is specified in Article 7 of Decree 111/2014/ND-CP of Vietnam as follows:
“Article 7. Vessel building year
1. For inland waterway vessels built in the country, the year of building of a vessel shall be counted from the year it is granted a registration and inspection dossier upon completion of its building.
2. For imported vessels, the year of building of a vessel shall be counted from the year it was built and written in its registration and inspection dossier or the dossier granted to the vessel by its national management agency.”
Thus, for floating restaurants built in the country, the year of building of a floating restaurant shall be counted from the year it is granted a registration and inspection dossier upon completion of its building.
2. For imported floating restaurants, the year of building of a floating restaurant shall be counted from the year it was built and written in its registration and inspection dossier or the dossier granted to the floating restaurant by its national management agency.
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