ASEAN MEMBER STATES DOMESTIC RULES AND REGULATIONS RELEVANT TO THE LOGISTICS AND TRANSPORT SECTORAL SERVICES

Transcription

1 ASEAN MEMBER STATES DOMESTIC RULES AND REGULATIONS RELEVANT TO THE LOGISTICS AND TRANSPORT SECTORAL SERVICES REPORTING COUNTRY: BRUNEI DARUSSALAM 1. Maritime cargo handling - Company s Act - Ports Act,1984, Chapter Storage & warehousing - Company s Act - Ports Act,1984, Chapter Customs Order, Freight transport agency - Company s Act - Ports Act, 1984, Chapter Other auxiliary - Company s Act 5. Courier - Company s Act - Post Office Act 6. Packaging - Company s Act - Customs Order, Post Office Act 7. Customs clearance - Company s Act - Customs Order, International Freight Transportation excluding Cabotage 9. International rail freight transport 10. International road freight transport - Company s Act - No Regulation due to no such - Company s Act - Road Transport Act - Motor Transport Licensing Authority Act

2 REPORTING COUNTRY: CAMBODIA (need to resubmit at 7 th LTSSWG) 1. Maritime cargo handling - One stop building - Single window service system (SWSS) 2. Storage & warehousing 3. Freight transport agency 4. Other auxiliary 5. Courier 6. Packaging 7. Customs clearance - Cambodian Laws on Customs - Pre Shipment Inspections (PSI) 8. International Freight Transportation excluding Cabotage 9. International rail freight transport 10. International road freight transport REPORTING COUNTRY: INDONESIA 1. Maritime cargo handling (CPC 741) Law of No. 17/ 2008 on Shipping, Article 31, 32, 33, 34 Government Regulation number 20/2010 on Inland Waterways Transport Article 111, 115, 116, 2. Storage & warehousing (CPC 742) Presidential Regulation No. 36 of 2010 on Investment Negative List under 10. Transportation Sector point 17 - page 79. Law of No.25/2007 on Investment Law of No.11/1965 on Warehousing Trade Minister Regulation No. 16 Year Freight transport agency (CPC 748) Law of No. 17/ 2008 on Shipping Art 1 (7) Law of No.1/2009 on Aviation Law of No.22/ 2009 on Traffic and Road Transportation Government Regulation No. 20/2010 on Inland Waterways Transport Article 120,121, Presidential Regulation No. 36 of 2010 on Investment Negative List, Transportation Sector, page 75, consist of: Container Cargo Services General Cargo Services Dangerous Goods Transportation Services Special Cargo Services Heavy Equipment Cargo Services

3 REPORTING COUNTRY: INDONESIA 4. Other auxiliary (CPC 749): According to Government Regulation No. 20/2010 on Inland Waterways Art 82, these are the scope of of Freight Forwarder as Logistics Service Providers a. bill auditing; 1. Government Regulation No. 20/2010 on Inland Waterways, Art 82 Investment Negative List under Transportation Sector Freight Forwarder, page 79. b. freight brokerage ; 1. Government Regulation No. 20/2010 on Inland Waterways, Art 82 Investment Negative List Transportation Sector Freight Forwarder page 79. c. freight inspection; 1. Government Regulation No. 20/2010 on Inland Waterways,Art 82 Investment Negative List Transportation Sector Freight Forwarder page 79. d. weighing and sampling ; 1. Government Regulation No. 20/2010 on Inland Waterways,Art 82 e. cargo condition survey 3. Presidential Regulation No. 36 of 2010 on Investment Negative List Trade Sector Survey Services page 61. f. freight receiving and acceptance ; 1. Government Regulation No. 20/2010 on Inland Waterways, Art 82 g. transportation document preparation service Investment Negative List Transportation Sector Freight Forwarder page Government Regulation No. 20/2010 on Inland Waterways, Art 82 Investment Negative List Transportation Sector Freight Forwarder, page Courier Act No. 38 of 2009 on the Postal Presidential Regulation No. 36 of 2010 on Investment Negative List, page Packaging 1. Government Regulation No. 20/2010 on Inland Waterways Art 82

4 REPORTING COUNTRY: INDONESIA Investment Negative List Transportation Sector Freight Forwarder, page Trade Minister Regulation No, 36/2006 jo No.49/2009 regarding Trade License (Packaging Services out of manufacturing and transportation) 4. Customs clearance 1. Custom Laws of No. 10 of 1995, Article 29 as amended by No.17 of Finance Minister regulation No.65/PMK.04/2007 on Customs Brokerage No.PMK. 65 Year 2007: 1) The handling of the Customs Declaration mandatorily required by this law shall be conducted by carriers, importers, or exporters. 2) If the importers or exporters as referred to in paragraph (1) can not carry out the handling by themselves, they may authorize Customs brokers to do it. 5. International Freight Transportation excluding Cabotage Law of No. 17/ 2008 on Shipping Law of No.1/2009 on Aviation. Government Regulation No. 20/2010 on Inland Waterways Transport Article 120, 121 Presidential Regulation No. 36 of 2010 on Investment Negative List Presidential Instruction of Rep of Indonesia No. 5 of 2005 on Empowering national shipping industry 6. International rail freight transport 7. International road freight transport 1. Law of 23/2010 on Rail Transportation 2. Government Regulation no. 56/2009 on Management of Rail Transportation 3. Government Regulation no. 72/2009 on Traffic and Rail Transportation Law of no. 22/2009 on Traffic and Road Transportation article 139

5 REPORTING COUNTRY: MALAYSIA No. Sub-Sectors Relevant Laws and Regulations 1. Maritime cargo handling (CPC 741**) Port Authorities Act 1963 Penang Port Commission Act 1955 Bintulu Port Authority Act 1981 Carriage of Goods By Sea Act 1950 Merchant Shipping Ordinance 1952 Port (Privatisation) Act 1990 Privatisation of the Federal Ports (Concession Agreement): - Bintulu Port (1 st January 1993) - Kuantan Port (1 st January 1998) - Kemaman Port (1 st October 2006) - Johor Port (16 th January 1993) - Port of Tanjung Pelepas (24 th March 1995) - Penang Port (1 st January 1994) - Port Klang (Northport -1 st December 1992 / Westport - 25 th July 1994) 2. Storage & warehousing (CPC 742) 3. Freight transport agency (CPC 7480) - Haulage and Bonded Services Licensing - Relevant Local Act - Public Bonded - Customs Carrier A Carrier C COGSA 1950 Customs Act Other Auxiliary Services - 5. Courier Services Packaging Services Postal Services Act Land Public Transport Act Packaging Services SIRIM 7. Customs clearance Section 90 Customs Act International Freight Transportation excluding Cabotage Merchant Shipping Ordinance (MSO) 1952 COGSA International rail freight transport Akta Keretapi 1991

6 REPORTING COUNTRY: MALAYSIA No. Sub-Sectors Relevant Laws and Regulations Bilateral/Multilateral Agreement Land Public Transport Act International road freight transport Land Public Transport Act 2010

7 REPORTING COUNTRY: MYANMAR 11. Maritime cargo handling The Yangon Ports Act (1905), The Carriage of Goods by sea Act (1925), The Ports Act (1908), The Outports Act (1914), The Road Transport and Inland Water Transport law (1963), The Road Transport and Inland Water Transport Functional Rules (1964), The Road Transport and Inland Water Transport Functional Regulations (1965), 12. Storage & warehousing The Yangon Ports Act (1905), The Ports Act (1908), The Outports Act (1914), 13. Freight transport agency The Yangon Ports Act (1905), The Ports Act (1908), The Outports Act (1914), The Bill of Landing Act (1856), The Carriers Act (1865), The Myanmar Carriage of Goods by Sea Act (1925), The Road Transport and Inland Water Transport law (1963), The Road Transport and Inland Water Transport Functional Rules (1964), The Road Transport and Inland Water Transport Functional Regulations (1965), The Railways Act (1890), 14. Other auxiliary Not Yet 15. Courier Myanmar has not yet established any specific law regarding courier and as of now the 1989 State - Owned Economic Enterprises law governs the courier service sector 16. Packaging Not Yet 17. Customs clearance The Sea Customs Act (1878), The Land Customs Act (1924), The Tariff Law (1992), 18. International Freight Transportation excluding Cabotage 19. International rail freight transport 20. International road freight transport The Carriers Act (1865), The Bill of Landing Act (1856), The Maritime Transport Administration Act (1952), The Myanmar Merchant Shipping Act (1923), Not Yet Motor Vehicle Law (1964), Motor Vehicle Rules (1989), In addition (a) Commercial presence of foreign suppliers and / or providers are permitted in accordance with Myanmar Companies Act 1914, Partnership Act 1923, Myanmar Company Rules 1940, Special Company Act 1950, Special Company (Amendment) Act , Union of Myanmar Foreign Investment Law 1988, Union of Myanmar Citizens Investment Law 1994, The Income Tax Law 1974, Notification No. 115/2006, Notification No. 124/2006 of the Ministry of Finance and Revenue, The land Nationalization Act 1953, The transfer of Immoveable Property Restriction Law 1987.

8 (b) Presence of natural persons of foreign service suppliers and / or provider and permitted in accordance with union Myanmar Foreign Investment Law, Myanmar Immigration (Emergency Provisions) Act 1947, the foreigners Act 1864, The Registration of Foreigners Act 1940, The Registration of Foreigners Rules 1948, Immigration Rules and Regulations and procedures of Myanmar.