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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.
21/2005/ND-CP
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Hanoi,
March 1st, 2005
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DECREE
DETAILING
THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INLAND WATERWAY
NAVIGATION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 15, 2004 Law on Inland Waterway Navigation;
At the proposal of the Transport Minister,
DECREES:
Article 1.- Scope of
regulation
This Decree details the
implementation of a number of articles of the Law on inland Water Navigation on
channel protection corridor; safety conditions of vessels subject to
registration but not to registry and inspection; conditions of establishments
building, transforming, repairing or restoring inland waterway vessels; vessel
owners' responsibilities to sufficiently arrange titles and complement of
crewmembers; the conditions for cargo loading and unloading as welt as
passenger service business; coordination of operations among the State
management agencies at inland waterway ports and landing stages which receive
foreign waterway vessels and the conditions for inland waterway transport
business.
Article 2.- Subjects of
application
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In cases where international
agreements which the Socialist Republic of Vietnam has signed or acceded to
contain provisions different from those of this Decree, the provisions of such
international agreements shall apply.
Article 3.- Scopes of channel
protection corridors
1. The scopes of channel
protection corridors prescribed in Clause 4, Article 16 of the Law on inland
Waterway Navigation are determined according to technical grades of inland waterways
and the following regulations:
a/ In cases where the channel is
not close to banks, the scope of the channel protection corridor shall stretch
at least 10 meters but not exceeding 25 meters, measuring from the channel edge
toward each bank.
b/ in cases where the channel is
close to a bank, the scope of the channel protection corridor on the side close
to the bank measured from the natural bank edge inward shall be at least 5
meters wide; for channels within cities, provincial capitals or district townships,
the scope of each channel protection corridor may be under 5 meters wide as
decided by provincial-level People's Committee presidents.
c/ In cases where the channel
protection corridor coincides with a road or railway safety corridor, its scope
shall be measured from the channel edge to the natural bank edge,
d/ In cases where the scope of
the channel protection corridor coincides with a road bridge or railway bridge
safety corridor, the regulations on protection of bridge safety corridors shall
be complied with.
dd/ In cases where the scope of
the channel protection corridor coincides with the protection area of a flood
and storm prevention and combat work or a dike protection work, the provisions
of the legislation on flood and storm prevention and combat and the legislation
on dikes shall be complied with.
2. Natural bank edge mentioned
at Points b and c, Clause 1 of this Article is a cross-line of river ground and
river banks.
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3. The Transport Minister shall
specify scopes of channel protection corridors according to technical grades of
inland waterways, prescribe the implanting, specifications and protection of
marker posts on the ground within the scopes of channel protection corridors.
Article 4.- Safety conditions
of vessels which are subject to registration but not to registry and inspection
1. Vessels which are subject to
registration but not to registry and inspection are non-motorized vessels with
a gross tonnage of between 1 ton and under 5 tons or with a carrying capacity
of between 5 and 12 persons, motorized vessels with main engine capacity of
under 5 horse powers or with a carrying capacity of under 5 persons.
2. The Transport Minister
prescribes the safety conditions of vessels defined in Clause 1 of this Article
to serve as basis for the registration, inspection and control of operation of
vessels.
Article 5.- Conditions of
establishments which build, transform, repair or restore inland waterway
vessels
Conditions of establishments
which build, transform, repair or restore inland waterway vessels defined in
Clause 1, Article 27 of the Law on Inland Waterway Navigation are prescribed as
follows:
1. Having suitable material
foundations, facilities and equipment; having plans on production organization
suitable with types and sizes of manufactured vessels.
2. Having sections for quality
supervision and management to guarantee that their products fully satisfy the
quality, technical safety and environmental protection standards.
3. Having at least one
technician, who:
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b/ has graduated in the
shipbuilding specialty at university or higher level, for those working in
establishments which build, transform, repair or restore vessels with a
carrying capacity of over 12 persons, non-motorized vessels with a gross
tonnage of over 50 tons, and motorized vessels with main engine capacity of
over 50 horse powers.
4. Having plans on fire
prevention and fight and environmental pollution prevention, which have been approved
or granted certificates by competent agencies.
Article 6.- Vessel owners'
responsibilities to sufficiently arrange the titles and complement of
crewmembers and make crew lists
1. Vessel owners defined in
Clause 1, Article 29 of the Inland Waterway Navigation mean one of the
following subjects:
a/ Persons who own vessels;
b/ Persons who are empowered by
persons who own vessels to manage and use vessels;
c/ Persons who charter vessels
without crew for transport exploitation;
d/ Captains.
2. When vessels operate on
inland waterways, vessel owners must sufficiently arrange titles and complement
of crewmembers and make crew lists according to regulations.
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Conditions for cargo loading and
unloading or passenger service business at inland waterway ports or landing
stages mentioned in Clause 3, Article 69 of the Law on Inland Waterway
Navigation are prescribed as follows:
1. Organizations and/or
individuals have made registration of cargo loading and unloading or passenger
service business;
2. Inland waterway ports and
landing stages have been permitted by competent agencies for operation.
Article 8.- Coordination of
operation among State management agencies at inland waterway ports or landing
stages which receive foreign waterway vessels
1. Foreign waterway vessels mean
inland waterway or seagoing vessels granted registration certificates by
foreign countries.
2. Assuming the prime responsibility
for activity coordination among State management agencies at inland waterway
ports or landing stages which receive foreign waterway vessels, the inland
waterway port authorities have the responsibilities:
a/ To take prime charge and
administer the coordination of managerial activities among specialized State
management agencies at inland waterway ports or landing stages;
b/ To organize and chair
conferences and meetings with other specialized State management agencies or
relevant agencies, organizations and enterprises at inland waterway ports or
landing stages for unanimity in handling of arising problems;
c/ To request other specialized
State management agencies at inland waterway ports or landing stages to
promptly notify results of procedure clearance and measures to solve arising
problems; request enterprises exploiting inland waterway ports or landing
stages, vessel owners and captains of foreign waterway vessels and other
relevant organizations and individuals to supply necessary data and
information;
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3. Other specialized State
management agencies at inland waterway ports or landing stages have the
responsibilities:
a/ To closely coordinate with
one another in promptly and lawfully settling procedures related to foreign
waterway vessels, cargoes, passengers and crewmembers onboard such foreign
waterway vessels which are operating at inland waterway ports or landing stages
according to the provisions of this Decree and relevant provisions of law;
b/ To promptly notify the inland
waterway port authorities of results of settlement of procedures related to
foreign waterway vessels, cargoes, crewmembers and/or passengers on board such
foreign waterway vessels, which are operating at inland waterway ports or landing
stages;
c/ After processing information
supplied by inland waterway port authorities or foreign waterway vessel owners,
or in cases where problems arise, to promptly notify such to inland waterway
port authorities for coordinated solution thereof.
4. The inspection, examination
and supervision by specialized State management agencies and other competent
agencies of foreign waterway vessels, cargoes, passengers, crewmembers and
other subjects operating at inland waterway ports and landing stages which receive
foreign waterway vessels shall comply with the provisions of this Decree and
relevant provisions of law.
5. Foreign waterway vessels,
when arriving at and leaving inland waterway ports or landing stages, shall
carry out the procedures according to the provisions of maritime legislation on
ships and boats arriving at and leaving seaports.
Article 9.- Responsibilities
of the ministries, ministerial-level agencies and provincial-level People's
Committees for operations of specialized State management agencies at inland
waterway ports and landing stages which receive foreign waterway vessels
1. To direct and guide
operations of their attached specialized State management agencies in well
performing the coordinated State management at inland waterway ports and
landing stages which receive foreign waterway vessels.
2. To examine and inspect
operations of their attached specialized State management agencies, and
strictly handle violation acts according to law provisions.
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1. The inland waterway transport
business conditions mentioned in Clause 2, Article 77 of the Law on Inland
Waterway Navigation are prescribed as follows:
a/ Organizations and individuals
have registered for inland waterway transport business.
b/ Vessels to be used in
transport business fully meet the conditions for operation as prescribed in the
Law on Inland Waterway Navigation;
c/ Crewmembers and vessel
operators must have professional diplomas or certificates compatible with their
titles and be in the prescribed age group.
2. Apart from the conditions
prescribed in Clause 1 of this Article, organizations and individuals engaged
in passenger transport business must also satisfy the following conditions:
Having registered with competent
agencies in charge of State management over inland waterway transport their
shipping plans and shipping charts on fixed routes (for mode of transportation
along fixed routes) or operation areas (for mode of transportation not along
fixed routes).
3. For cross-river transport of
passengers, apart from the conditions prescribed in Clause 1 of this Article,
the landing stages for passenger embarkation and disembarkation must also
satisfy the safety conditions and be permitted by competent agencies for
operation.
Article 11.- Implementation
effect
This Decree takes effect 15 days
after its publication in the Official Gazette and replaces the Government's
Decree No. 91/2001/ND-CP of December 11, 2001 on conditions for dealing in a
number of inland waterway transport business lines.
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The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the People's Committees of the provinces and centrally-run
cities shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai