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GOVERNMENT
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
34/2025/ND-CP
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Hanoi,
February 25, 2025
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DECREE
AMENDING SOME ARTICLES OF DECREES IN THE MARITIME
SECTOR
Pursuant to the Law on Government
Organization dated June 19, 2015; the Law on amendment to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Vietnam Maritime
Code dated November 25, 2015;
Pursuant to the Law on
Electronic Transactions dated June 22, 2023;
Pursuant to the Law on
Construction dated June 18, 2014; Law amending some articles of the Law on
Construction dated June 17, 2020;
Pursuant to the Law on
Investment dated June 17, 2020;
At the request of the Minister
of Transport;
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Article 1.
Amendments to some articles of Decree No. 58/2017/ND-CP dated May 10, 2017 of
the Government detailing Vietnam Maritime Code on the management of maritime
operations, which is amended by Decree No. 76/2021/ND-CP dated July 28, 2021;
Decree No. 69/2022/ND-CP dated September 23, 2022; Decree No. 74/2023/ND-CP
dated October 11, 2023
1. Amendment to Article 1 of Decree
No. 58/2017/ND-CP:
“Article 1. Scope
1. This Decree provides for
elaboration of Vietnam Maritime Code on management of maritime operations,
including: investment and construction, operation of seaports, navigation
channels, maritime works, aids to navigation, maritime notices, and operations
of maritime pilotage and management of operations of ships at seaports and
within Vietnamese territorial waters.
2. Regulations of this Decree on
maritime safety and security and environmental safety shall also be applied to
fishing ports and ports, inland landing stages within seaport waters.”.
2. Amendments to clauses 2, 4, 7,
12, 16, 19 and addition of clauses 21, 22, 23, 24 after clause 20, Article 3 of
Decree No. 58/2017/ND-CP:
a) Amendment to Clause 2 of Article
3:
“2. “National single-window portal”
refers to the integrated information system serving e-procedures for entry,
exit, transit, arrival, and departure of ships at ports and other procedures
related to exported goods, imported goods, and transited goods; individuals
entering, exiting, and transiting."
b) Amendment to Clause 4 of Article
3:
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c) Amendment to Clause 7 of Article
3:
“7. “E-procedures for ships means
acts of declarants sending information and e-documents to carry out procedures
for entry, exit, transit, arrival, and departure of ships at ports on the
website. The administrative procedure settlement agency shall make decision on
allowing ships to enter, exit, transit, arrive at, and depart from ports and
return results to the website.”.
d) Amendments to Clause 12 of
Article 3:
“12. Electronic Port Clearance
Certificate and Electronic Transit Permit are documents issued by the Port
authority to the person carrying out e-procedures on the website after
completing e-procedures for departure of ships at ports and transit of foreign
ships. Electronic Port Clearance Certificates and Electronic Transit Permits
have a code for lookup and have legal value in place of paper-based port
clearance certificates and transit permits.”.
dd) Amendment to Clause 16 of
Article 3:
“16. “Floating terminal” means a
system of anchor buoys, chains, concrete blocks for buoys and equipment that
are used for anchoring ships, handling cargoes, embarking and disembarking
passengers as well as providing other services.”.
e) Amendment to Clause 19 of
Article 3:
“19. "vessel traffic
service system” (hereinafter referred to as “VTS system") means a system
that is set up to monitor, assist and control marine traffic to ensure maritime
safety and security and environmental safety.”.
g) Addition of clauses 21, 22, 23,
24 after clause 20 of Article 3:
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22. “Mother ship supporting
submersibles” means a ship directly involved in transporting, lifting, and
lowering the submersibles for diving operations.
23. The diving operation area is
the water area within the seaport waters where submersibles are permitted to
operate within the safety boundary where the competent authority approves and
assigns sea areas.
24. Seafarers of a submersible
include: Members that are in control of the submersible and the members
assisting the operation of the submersible."
3. Amendments to Point a of Clause
1 of Article 6 of Decree No. 58/2017/ND-CP , which is amended by Decree No.
69/2022/ND-CP:
“a) Original copy or electronic
form of the application form made using Form No. 01specified in the Appendix
issued with this Decree for agreement on location, detailed technical
specifications of seaports, terminals, wharves, buoy terminals, and
navigational channels;”.
4. Amendment to Article 8 of Decree
No. 58/2017/ND-CP:
“Article 8. Plan for maritime
safety assurance
1. Before carrying out the
activities specified in Clause 2 of this Article, the investor shall request a
competent authority to consider approving the plan for maritime safety
assurance and shall organize the implementation of the approved plan.
2. The cases in which a plan for
maritime safety assurance must be prepared:
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Construction of the works that
intersect seaport waters and navigational channels or that affect maritime
operations, such as: bridges, power lines, cable cars, underground works, and
other similar works, drilling rig, wind power, hydropower, thermal power and
other similar works;
c) Works that are invested in and
constructed within Vietnamese territorial waters and affect maritime
operations.
d) Terminals, wharves shall receive
lightered ships with technical specifications greater than those specified in
the Issuance Decision. The Ministry of Transport shall organize the development
of technical standards for terminals and wharves to receive lightered ships
with technical specifications greater than those specified in the Issuance
Decision.
3. Authority to approve Plans for
maritime safety assurance
a) The Vietnam Maritime
Administration shall approve Plans for maritime safety assurance for the case
specified in Point d, Clause 2 of this Article.
b) The Port Authorities shall
approve Plans for maritime safety assurance at Points a, b and c, Clause 2 of
this Article; for the works specified at Point b, Clause 2 of this Article,
before approval, the Port Authority must obtain approval from the Vietnam
Maritime Administration.
4. Primary contents of Plans for
maritime safety assurance
a) For the Plans for maritime
safety assurance prescribed in Points a, b and c of Clause 2 of this Article:
name of the work/project; name and address of the investor; construction
location; construction scale; construction duration; approved construction
measures; maritime safety assurance measures; Plan for organization and
cooperation in implementation;
b) For the Plans for maritime
safety assurance prescribed in Point d of Clause 2 of this Article: name of the
terminal, wharf; location of the terminal, wharf; technical specifications of
the ship; assessment of the capacity of the infrastructure of the navigation
channel, ship turnaround area, terminal, wharf; operating conditions; maritime
safety assurance measures; measures to respond to and handle maritime incidents
and accidents and responsibilities of relevant parties.
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a) For the Plans for maritime
safety assurance specified in Points a, b and c, Clause 2 of this Article, the
Investor shall send directly or by post or via online public service system 01
set of documents to the Port Authority. The application for approval of the
Plan for maritime safety assurance includes: Original copy or electronic
form of the application for approval of the Plan for maritime safety assurance
according to Form No. 02 specified in the Appendix attached hereto; paper-based
copy or e-copy of the project investment and construction decision; paper-based
copy or electronic copy of the overall layout plan of the project; Original
copy of the Plan for maritime safety assurance;
b) For the Plans for maritime
safety assurance specified in Point d of Clause 2 of this Article, the Investor
shall send directly or by post or via online public service system 01 set of
documents to Vietnam Maritime Administration The application for approval of
the Plan for maritime safety assurance includes: Original copy or electronic
form of the application for approval of the Plan for maritime safety assurance
according to Form No. 02 specified in the Appendix attached hereto; Original
copy of the dossier on assessment of terminal, wharf infrastructure meeting the
requirements for receiving lightered ships with technical specifications
greater than those specified in the Issuance Decision; original copy of the
Plan for maritime safety assurance;
6. Procedures for receipt and
processing of the application:
a) For the Plans for maritime
safety assurance prescribed in Points a and c, Clause 2 of this Article:
The port authority shall receive the
application. If the application is inadequate, within 03 working days from the
day on which such application is received, the port authority shall provide
guidance on the completion of the application as prescribed herein. If the
application is adequate, within 07 working days from the day on which such
application is received, the port authority shall consult with maritime safety
enterprises, maritime pilotage enterprises and other relevant agencies and
units. Within 02 working days from the date of receiving such request and
related documents attached, the relevant enterprises, agencies and units shall
respond in writing to the Port Authority;
No later than 03 working days from
the date of receiving the responses from relevant enterprises, agencies and
units, the Port Authority must issue and send a decision on approval of the
Plan for maritime safety assurance using Form No. 2a directly or by post or via
the online public service system to the Investor. In case of refusal,
there must be a written response clearly stating the reasons.
b) For the Plans for maritime
safety assurance prescribed in Point b of Clause 2 of this Article:
The port authority shall receive the
application. If the application is inadequate, within 03 working days from the
day on which such application is received, the port authority shall provide
guidance on the completion of the application as prescribed herein. If the
application is adequate, within 07 working days from the day on which such
application is received, the port authority shall consult with maritime safety
enterprises, maritime pilotage enterprises and other relevant agencies and
units. Within 02 working days from the date of receiving such request and
related documents attached, the relevant enterprises, agencies and units shall
respond in writing to the Port Authority;
No later than 01 working day from
the date of receiving the responses from relevant enterprises, agencies and
units, the port authority must obtain approval from the Vietnam Maritime
Administration. No later than 03 working days from the date of receipt of the
written request of the Port Authority, the Vietnam Maritime Administration must
issue a written approval or disapproval of the Maritime safety assurance plan
to the Port Authority; in case of disapproval, a written response must be given
clearly stating the reasons;
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c) For the Plans for maritime
safety assurance prescribed in Points d of Clause 2 of this Article:
The Vietnam Maritime Administration
shall receive the application. If the application is inadequate, within 03
working days from the day on which such application is received, the Vietnam
Maritime Administration shall provide guidance on the completion of the
application as prescribed herein. If the application is adequate, within 07
working days from the day on which such application is received, Vietnam
Maritime Administration shall seek appraisal opinions from the construction
authorities affiliated with the Ministry of Transport on the dossier on
assessment of the terminal, wharf infrastructure meeting the requirements for
receiving lightered ships with technical specifications greater than those
specified in the Issuance Decision; opinions from the Port Authority, maritime
safety enterprises, maritime pilotage enterprises and relevant agencies and
units on the content of the maritime safety assurance plan. Within 15
days from the date of receiving such request and related documents attached,
the relevant enterprises, agencies and units shall respond in writing to the
Vietnam Maritime Administration.
No later than 07 working days from
the date of receiving the responses from construction authorities affiliated
with the Ministry of Transport, Port Authority, maritime safety enterprises,
maritime pilotage enterprises, and relevant agencies and units, the Vietnam
Maritime Administration must send a report to the Ministry of Transport for
approval of the guidelines of allowing terminals and wharves to receive
lightered ships with technical specifications greater than those specified in
the Issuance Decision. No later than 05 working days, the Ministry of Transport
must issue a written approval or disapproval.
No later than 05 working days from
the date of receiving the approval from the Ministry of Transport, the Vietnam
Maritime Administration must issue and send a decision on approval of the Plan
for maritime safety assurance using Form No. 2a directly or by post or via the
online public service system to the port enterprises. In case of refusal, there
must be a written response clearly stating the reasons.
7. Investors and port enterprises
are responsible for implementing the Maritime safety assurance plan according
to the approved decision. The Vietnam Maritime Administration and Port
Authorities are responsible for inspecting the implementation of the approved
maritime safety assurance plan.”.
5. Amendment to point a of clause 3
of Article 10 of Decree No. 58/2017/ND-CP:
“a) Investors or operators shall
send the original copy or electronic form of the Application for renaming of
the seaport according to Form No. 03 specified in the Appendix attached hereto
directly or by post or via the online public service system to the Vietnam
Maritime Administration.”.
6. Amendment to clause 2 of Article
12 of Decree No. 58/2017/ND-CP:
“2. The Director General of the
Vietnam Maritime Administration shall announce the opening and closure of terminals,
wharves, floating terminals, and dedicated waters; put the terminals and
wharves into temporary operation.”.
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a) Amendment to Clause 1 of Article
13:
“1. The investor shall submit 01
application directly or by post or via online public service system to the
Vietnam Maritime Administration. The application includes:
a) Original copy or electronic form
of the application form for issuance of the opening of a seaport or offshore
oil terminal according to Form No. 04 specified in the Appendix attached
hereto;
b) A paper-based copy or an
electronic copy of the commissioning test report of the seaport, offshore oil
terminal, and navigation channel (in case the navigation channel is announced
at the same time as the opening of the seaport) that has been completed and put
into use, with a document approving the results of the commissioning of the
work put into use as prescribed, as-built drawing of the land, vertical view
and cross-section view of the port; for offshore petroleum platform,
vertical and horizontal sections of the port are not required;
c) A paper-based copy or an
electronic copy of the commissioning test record signed by the investor and
competent organizations on the results of the survey of obstacles on the bottom
of the area of water facing against the wharf or navigational channel, except
for offshore oil terminals;
d) A paper-based copy or an
electronic copy of Maritime Notice on the navigation channel and water area in
front of the wharf, with a map attached; for offshore oil terminals, the
Maritime Notice on the safety zone of the offshore oil terminal area;
dd) A certified copy or an
electronic copy issued from the original book or an electronic copy certified
from the original copy of Decision approving the Oil spill response plan for
offshore oil terminals.”
b) Amendments to Clause 3 of
Article 13:
“3. No later than 03 working days
from the date of receipt of the application from the Vietnam Maritime
Administration, the Ministry of Transport shall make an issuance of the opening
of the seaport or offshore oil terminal according to Form No. 05 specified in
the Appendix attached hereto and send it to the investor by post or online via
the public service system, or the investor shall receive it directly at the
Ministry of Transport.”.
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“Article 14. Procedures for
announcing the opening of terminals, wharves, floating terminals, and dedicated
waters or putting terminals, wharves into temporary operation.”.
1. After completing the
construction of terminals, wharves, floating terminals, or dedicated waters, or
the construction of part of the work items of terminals, wharves, floating
terminals satisfying the requirements prescribed in construction law, the
investor shall submit an application for issuance of the opening of a terminal,
wharf, floating terminal, dedicated waters, or putting terminals and wharves
into temporary operation, directly or by post or via the online public service
system to the Vietnam Maritime Administration.
2. The investor shall select an
organization licensed to survey and find obstacles and clear the obstacles (if
any) within the area of water facing against the floating terminal and the area
of water facing against the terminal, wharf, navigational channel, and
dedicated waters as prescribed.
After completing the survey,
scanning and clearance of the obstacles, parties shall organize commissioning
and make a record on commissioning of survey results, scanning and clearance of
the obstacles within the area of water facing against the floating terminal and
the area of water facing against the port, wharf, navigational channel, and
dedicated waters.
3. The application for announcing
the opening of terminals, wharves, floating terminals, and dedicated waters
includes:
a) Original copy or electronic form
of the application form for issuance according to Form No. 06 specified in the
Appendix attached hereto;
b) A paper-based copy or an
electronic copy of the commissioning record to put completed work into use
attached with written notice on the results of the inspection of the
commissioning of the work completion in accordance with the law on
construction, as-built drawing of land, vertical view and cross-section view of
the terminal, wharf, and dedicated waters;
c) A paper-based copy or an
electronic copy of the Decision approving the results of the appraisal of the
environmental impact assessment report of the project;
d) A paper-based copy or an
electronic copy of the Commissioning record on fire prevention and fighting in
accordance with the law on fire prevention and fighting.
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a) Original copy or electronic form
of the application form for putting terminals, wharves into temporary operation
according to Form No. 06 specified in the Appendix attached hereto;
b) A paper-based copy or an
electronic copy of the record on commissioning of completion of a construction
item, construction work in accordance with the law on construction, as-built
drawing of land, vertical view and cross-section view of the terminal, wharf
construction item, construction work;
c) A paper-based copy or an
electronic copy of the Decision approving the results of the appraisal of the
environmental impact assessment report of the project;
d) A paper-based copy or an
electronic copy of the Commissioning record on fire prevention and fighting in
accordance with the law on fire prevention and fighting.
5. Procedures for receipt and
processing of the application: The Vietnam Maritime Administration shall
receive the application. If the application is inadequate, within 03 working
days from the day on which such application is received, the Vietnam Maritime
Administration shall provide guidance on the completion of the application as
prescribed herein. If the application is adequate, within 03 working days from
the day on which such application is received, the Vietnam Maritime
Administration shall make an issuance of the opening of terminals, wharves,
floating terminals, and dedicated waters, or putting terminals and wharves into
temporary operation using Form No. 07 specified in the Appendix attached
hereto, and send it directly or by post or via the online public service system
to the investor.
6. For seaports with only one
terminal or wharf, after completing the procedures for issuing the opening of
the seaport, before putting the terminal or wharf into use, the investor must
complete the procedures for issuing the opening of the terminal or wharf in
accordance with this Article.
7. For dedicated waters, works that
only serve pilot boarding, quarantine areas, storm shelters, or anchorage areas
used to anchor ships waiting to enter a port, terminal, or wharf, or anchor
public service ships without transshipping or loading cargo or providing other
transport services, when issuing the opening and putting into use, the
documents specified in Points c and d, Clause 3 of this Article, and the Notice
of approval of the results of the commissioning of the works put into use shall
be exempted.
8. The temporary operation period
of the terminal, wharf in accordance with the record on commissioning of the
construction works shall not exceed 12 months.
9. For temporary maritime
infrastructure specified in Article 25 hereof serving the purpose of
constructing works and projects, when issuing their putting into use, it is not
necessary to submit the documents specified in Point c and Point d of Clause 3
of this Article and the Notice of acceptance of commissioning result of works
put into use.
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9. Amendment to point b of clause 2
of Article 16 of Decree No. 58/2017/ND-CP:
“b) Procedures for announcing the
closure of seaports specified in points b and c of clause 1 of this Article:
The applicant shall send 01 the original
copy or electronic form of the application for issuing closure of the seaport
directly, by post or via the online public service system to the Ministry of
Transport, using to Form No. 10 specified in the Appendix attached hereto.
The Ministry of Transport shall
receive the application. If the application is inadequate, within 01 working
day from the day on which such application is received, the Ministry of
Transport shall provide guidance on the completion of the application as
prescribed herein. If the application is adequate, within 05 working days from the
day on which such application is received, the Ministry of Transport shall
collect opinions from agencies related to closure of seaports and make an
issuance of the seaport closure according to Form No. 09 specified in the
Appendix attached hereto and send it to the applicant by post or via the online
public service system or directly at the Ministry of Transport; in case of
refusal, a written response must be given clearly stating the reasons.”.
10. Amendment to Article 20 of
Decree No. 58/2017/ND-CP which is amended by Decree No. 76/2021/ND-CP:
“Article 20. Issuance of the
List of terminals and wharves of Vietnamese seaports
1. In March of each year, the
Vietnam Maritime Administration shall prepare and send 01 application to the
Ministry of Transport for issuance of an updated list of terminals and wharves
of Vietnamese seaports. The Ministry of Transport shall receive the
application. If the application is inadequate, the Vietnam Maritime
Administration shall provide guidance on the completion of the application as
prescribed herein. If the application is inadequate, within 07 working days
from the day on which such application is received, the Minister of Transport
shall issue a Decision on issuance of an updated list of terminals and wharves
of Vietnamese seaports using Form No. 64 specified in the Appendix attached
hereto, and update it on the website of the Ministry of Transport. The
application includes:
a) Application form for issuance of
the List of terminals and wharves of Vietnamese seaports using Form No. 63
specified in the Appendix attached hereto;
b) Draft List of terminals and
wharves of Vietnamese seaports.
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3. Funds for develop and update the
database of seaports, terminals and navigation channels shall be covered by the
transport economics recurrent expenditure budget and other lawful funding
sources.”.
11. Amendment to Article 22 of
Decree No. 58/2017/ND-CP:
“Article 22. Rules for
management, operation of seaports
1. A seaport shall be managed and
operated in accordance with law to ensure investment efficiency and avoid any
possible loss and wastefulness. Before operating and receiving lightered with
technical specifications greater than those specified in the Issuance Decision,
terminals and wharves must have their Maritime safety assurance plan approved
in accordance with Article 8 hereof.
2. Seaport infrastructures shall
undergo maintenance in accordance with construction laws. For terminals and
wharves receiving lightered ships with technical specifications greater than
those specified in Issuance Decision that have their Maritime safety assurance
plan approved, the Ministry of Transport shall provide for the frequency of
assessment of the safety of the terminal and wharf structures.
3. Water areas facing against
wharves and dedicated waters shall undergo periodic surveys, and notices
thereof shall be sent to mariners.
4. The investor in the construction
of terminals and wharves shall decide on the form of management and operation
in accordance with this Decree and relevant laws. In case of shared use of
terminals, wharves, dedicated waters, and navigation channels, investors are
responsible for negotiating related rights and obligations.”.
12. Amendments to clause 2, clause
3, point d of clause 5 and addition of point dd after point d clause 5 of
Article 23 of Decree No. 58/2017/ND-CP:
a) Amendment to Clause 2 of Article
23:
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b) Amendment to Clause 3 of Article
23:
“3. Enterprise shall invest in
construction and manage operation of dedicated navigation channels. Cases where
a dedicated navigational channel is converted into a public one in accordance
with navigation channel development planning shall be approved by competent
authorities and have part of investment capital (if any) refunded. The Ministry
of Transport shall make a decision on converting the dedicated navigation
channel into a public one at the request of the Vietnam Maritime
Administration. Pursuant to the decision on converting the dedicated navigation
channel into a public one, the Vietnam Maritime Administration shall receive
the navigation channel from the enterprise to manage and operate it as
prescribed.”.
c) Amendment to point d of Clause 5
of Article 23:
d) Dredging and maintenance of
navigational channels to ensure that their depth is in accordance with
technical specifications required by the approved design. After completing
dredging and maintenance, commissioning must be carried out as prescribed.
Construction warranty is not required if due to force majeure (storms, floods
or natural sedimentation, erosion, or obstruction of channels);”
d) Addition of point dd after point
d of Clause 5 of Article 23:
“dd) Clearance of obstacles:
Illegal obstacles on channels and channel protection corridors must be cleared
to ensure traffic safety. The port authority shall prepare records of obstacles
that affect maritime traffic safety; organizations and individuals causing
obstacles are responsible for clearing obstacles within the time limit decided
by the port authority. If clearance is not carried out within the prescribed
time limit, the port authority shall clear such obstacles and the organizations
and individuals causing obstacles shall bear all costs. The Vietnam Maritime
Administration shall organize the clearance of natural obstacles or obstacles
of unknown cause.”.
13. Amendment to Article 24 of
Decree No. 58/2017/ND-CP:
“Article 24. Public maritime
safety assurance services
1. Public maritime safety assurance
services include:
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b) Operation, maintenance of aids
to navigation on public navigation channels;
c) Periodic surveys serving the
publication of maritime notices for public navigation channels (including pilot
pick-up and drop-off locations), transshipment areas, anchorage areas, storm
shelters in seaport waters assigned to the state maritime management authority
affiliated with the Ministry of Transport;
d) Coastal information;
dd) Dredging and maintenance of
public navigational channels to ensure that their depth is in accordance with
design standards;
e) Maintenance, renovation, upgrade
and repair of maritime infrastructure property assigned to the state maritime
management authority affiliated with the Ministry of Transport;
g) Maritime search and rescue;
h) Processing and transmitting
maritime security information;
i) Clearance of obstacles affecting
maritime safety (including natural obstacles or obstacles of unknown cause);
k) Operation and maintenance of VTS
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m) Unexpected maritime safety
assurance missions.
2. The Ministry of Transport shall
organize the task assignment, ordering or bidding for the provision of public
maritime safety assurance services using recurrent expenditure of the state
budget as prescribed in Appendix IV hereto. Even though public maritime safety
assurance services specified in Appendix IV attached hereto can be ordered,
bidding method is still recommended.
3. The Ministry of Transport shall
develop and amend economic and technical norms; cost norms; establish and
adjust procedures for maintenance, monitoring, inspection and assessment of
construction quality using regular expenditure of the state budget as
prescribed.”.
14. Amendment to clause 3 of
Article 39 of Decree No. 58/2017/ND-CP:
“3. Organizations and
individuals have an obligation to establish the aids to navigation upon
construction of underground works, works that pass the navigational channels or
works that affect maritime operations, such as: power lines, cable cars,
underground works, drilling rigs, wind power works, hydropower works, thermal
power works and other similar work; upon management of operation of dedicated
navigation channels or use of the following water areas:
a) Areas where boring geology
investigations, and oil and gas extraction are carried out;
b) Fishing and aquaculture areas;
c) Construction and salvage areas;
d) Areas where cables or
underground pipes, underground works and equipment are installed and affect
maritime operations;
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e) Areas where oceanographic data
collection system is installed;
g) Areas where entertainment,
tourism and sports activities are carried out.
h) Areas where submersibles
operate;
i) Operating waters of offshore
wind power plants;
k) Take-off and landing areas for
seaplanes.”.
15. Amendment to point a of clause
1 of Article 40 of Decree No. 58/2017/ND-CP:
“a) Original copy or
electronic form of the application form of the organization, individual according
to Form No. 15 specified in the Appendix attached hereto;”
16. Amendment to Clause 1 of
Article 41 of Decree No. 58/2017/ND-CP , which is amended by Decree No.
74/2024/ND-CP:
“a) Original copy our electronic
form of the application form for putting aids to navigation into use according
to Form No. 16 specified in the Appendix attached hereto;”
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a) Amendment to point b of Clause 2
of Article 44:
b) Maritime safety enterprises
shall survey the depth of public navigational channels and dedicated waters
(except for the dedicated transshipment areas) and be accountable for the
results provided to include them in the maritime notices;
b) Addition of point e after point
dd of Clause 2 of Article 44:
“e) The Ministry of Transport shall
elaborate regulations on the frequency of surveys for maritime notices of
public navigation channels, pilot boarding areas; the frequency of surveys of
dedicated navigation channels, waters facing against terminals, wharves,
floating terminals, anchorage areas, transshipment areas, and storm shelter
areas.”.
18. Amendment to Article 45 of
Decree No. 58/2017/ND-CP:
“Article 45. Authority to issue maritime
notices
1. The Vietnam Maritime
Administration shall organize the first issuance of maritime notice of
technical specifications of navigation channels, waters facing against wharves
and dedicated waters after construction, dredging, maintenance, renovation and
upgrading as prescribed in Clause 2 of Article 44 hereof and maritime notices
prescribed in Clause 9 of Article 44 hereof.
2. Port authorities shall organize
the periodic issuance of maritime notice of technical specifications of
navigation channels, waters facing against wharves and dedicated waters
specified in Clause 2, Article 44 hereof and maritime notices prescribed in
Clauses 1, 3, 4, 5, 6, 7 and 8 of Article 44 hereof.
19. Amendment to clause 1 of
Article 38 of Decree No. 58/2017/ND-CP:
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a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of the competent authority’s written consent to the establishment of aids
to navigation;
c) Paper-based copy or electronic
copy of the technical design;
d) Paper-based copy or electronic
copy of record on commissioning and transfer of the work put into use.".
20. Amendment to clause 1 of
Article 49 of Decree No. 58/2017/ND-CP:
“1. The unit managing and operating
aids to navigation shall submit 01 application for issuance of the maritime
notice, directly or by post or via online public service system, to the issuing
authority according to applicable regulations. The application includes:
a) Original copy or electronic form
of the application form for issuance of maritime notices of operation of aids
to navigation according to Form No. 31 specified in the Appendix attached
hereto;
b) Paper-based copy or electronic
copy of the record on condition of aids to navigation.”.
21. Amendment to clause 1 of
Article 50 of Decree No. 58/2017/ND-CP:
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a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of record on commissioning of survey results;
c) Paper-based copy or electronic
copy of the contour map of the depth survey carried out within 15 days by the
time the application is submitted, a survey report and other relevant documents
collected at the site.”.
22. Amendment to clause 1 of
Article 51 of Decree No. 58/2017/ND-CP:
“1. The investor or operators shall
submit 01 application for issuance of maritime notices directly or by post or
via online public service system to the issuing authority as prescribed.
The application includes:
a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of the competent authority’s written response to the conformity to the
seaport development planning;
c) Paper-based copy or electronic
copy of the technical design approved by a competent authority;
d) Paper-based copy or electronic
copy of as-built drawing;
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e) Paper-based copy or electronic
copy of record on commissioning of results of the survey and obstacle scan;
g) Paper-based copy or electronic
copy of the contour map of depth survey carried out within 15 days by the time
the application is submitted, a survey report and other relevant documents
collected at the site;
h) Paper-based copy or electronic
copy of contour map of the obstacle scanning route;
23. Amendment to clause 1 of
Article 52 of Decree No. 58/2017/ND-CP:
“1. The investor or operators shall
submit 01 application for issuance of maritime notices directly or by post or
via online public service system to the issuing authority as prescribed.
The application includes:
a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of the technical design approved by a competent authority;
c) Paper-based copy or electronic
copy of the competent authority’s written consent to the construction;
d) Paper-based copy or electronic
copy of construction plan or drawing;
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e) Paper-based copy or electronic
copy of main technical specifications of the construction equipment.”.
24. Amendment to clause 1 of
Article 53 of Decree No. 58/2017/ND-CP:
“1. The investor or operators shall
submit 01 application for issuance of maritime notices directly or by post or
via online public service system to the issuing authority as prescribed.
The application includes:
a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of the technical design approved by a competent authority;
c) Paper-based copy or electronic
copy of as-built drawing;
d) Paper-based copy or electronic
copy of record on commissioning and transfer of the work put into use;
dd) Paper-based copy or electronic
copy of record on commissioning of results of obstacle scan;
e) Paper-based copy or electronic
copy of main technical specifications of the work.”.
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“1. The investor or operators shall
submit 01 application for issuance of maritime notices directly or by post or
via online public service system to the issuing authority as prescribed.
The application includes:
a) Original copy or electronic form
of the application form of the investor and operator according to Form No. 31
specified in the Appendix attached hereto;
b) Paper-based copy or electronic
copy of the contour map or nautical chart showing the sea areas where maritime
operations are restricted or prohibited;
c) Paper-based copy or electronic
copy of the competent authority’s written consent according to regulations of
law (if any);
d) Paper-based copy or electronic
copy of necessary documents and information relating to the sea areas where
maritime operations are restricted or prohibited (if any).”.
26. Amendment to point e of clause
2 of Article 62 of Decree No. 58/2017/ND-CP:
e) Only dive (for inspection,
repair, and maintenance of ships; to salvage ships and sunken property) or
carry out repair activities, lowering lifeboats, and underwater activities
related to maritime operations after obtaining the consent of the port
authority, except for diving to clean the lower part of private sailing ships,
yachts, and tourist boats when anchored at terminals or wharves reserved for
private sailing ships, yachts, and tourist boats. Procedures for applying for
permission: The declarant shall submit an original copy or electronic form of
the application made using the Form No. 35 provided in the Appendix attached
hereto, directly or by post, or via the online public service system to the
port authority. Within 04 working hours since receipt of the application,
the port authority shall provide a written response to the application for
permission to operate in the seaport waters and the area managed by the Port
Authority. In case of refusal, a written response clearly stating reasons shall
be given.”.
27. Amendment to clause 1 of
Article 64 of Decree No. 58/2017/ND-CP:
A ship that arrives at or departs
from a wharf, floating terminal; performs side-by-side mooring; moves or moves
within the channel, turns within the waters facing against the wharf, waters
facing against floating terminal, dedicated waters within seaport waters and
areas managed by the port authority, must be assisted by a tugboat as
prescribed by the Seaport internal regulations.”.
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“e) Maintain the technical state of
the wharves, warehouses, storage yards, and equipment; the depth of waters facing
against the wharf; and other water areas that are managed and used by the port
enterprise as prescribed; carry out periodic surveys; and apply for the
issuance of the maritime notices that include the waters facing against the
wharf and other water areas that are managed and used by the port enterprise.
Carry out maintenance according to applicable regulations and relevant
regulations of law to ensure safety in operation;”.
29. Amendment to points b and d of
clause 1 of Article 68 of Decree No. 58/2017/ND-CP:
a) Amendment to point b of Clause 1
of Article 68:
b) When anchoring at the wharf, the
larger ship is not allowed to perform side-by-side mooring from the outside of
the smaller ship;”.
b) Amendment to point d of Clause 1
of Article 68:
“d) Only public service ships,
ships supplying water, oil, food, equipment and reserve items, waste collection
ships, pilot ships, fire-fighting ships, ships transshipping passengers from
passenger ships or similar service ships are allowed to be moored side-by-side
to the passenger ships.”.
30. Amendment to clause 2 of
Article 69 of Decree No. 58/2017/ND-CP:
“2. When anchored in the
seaport waters, there must always be at least two-thirds of seafarers on board
with appropriate positions on board, including the master or chief mate and the
chief engineer officer or second engineer officer that are responsible for
dispatching ships or dealing with emergency cases.
For private sailing ships, yachts,
and tourist boats: there must be always at least 01 seafarers on board
that are responsible for dispatching ships or dealing with emergency cases. In
case the port or wharf owner arranges personnel to keep watch, be ready to
mobilize and ensure safety, there is no need to arrange on-duty seafarer.”.
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“1. The ship that arrives at and
departs from the maritime area within a seaport shall undergo the procedures that
are the same as the ship that arrives at or departs from a seaport, except for
private sailing ships, yachts, and tourist boats. Private sailing ships,
yachts, and tourist boats operating in seaport waters must inform in writing,
by fax or email, port authorities of the ship operation plan for
supervision.".
32. Amendments to points a and b of
Clause 3 of Article 75 of Decree No. 58/2017/ND-CP , which is amended by Decree
No. 69/2022/ND-CP:
“a) The applicant shall submit 01
application directly or by post or via online public service system to the
Vietnam Maritime Administration. The application includes: Original copy
or electronic form of the application form using Form No. 40 specified in the
Appendix attached hereto for consent to the arrival of the foreign ship at a
seaport; paper-based copy or electronic copies of documents relating to the
purposes and duration of the ship’s arrival at a seaport; paper-based copy or
electronic copies of the ship registration certificate;
The Vietnam Maritime Administration
shall receive the application. If the application is inadequate, within 03
working days from the day on which such application is received, the Vietnam
Maritime Administration shall provide guidance on the completion of the
application as prescribed herein. If the application is adequate, within 03
working days from the day on which such application is received, the Vietnam
Maritime Administration shall send a written response directly or by post or
via the online public service system to the applicant; in cases of refusal, a
written response clearly stating the reason must be sent.”.
33. Amendment to Article 76 of
Decree No. 58/2017/ND-CP:
Article 76. Time for completion
of procedures
Relevant state regulatory
authorities at the seaport shall be available 24/7 at the place where
procedures are carried out as prescribed in Article 77 hereof to fulfill their
duties, except for online procedures for ships.".
34. Amendment to Article 84 of
Decree No. 58/2017/ND-CP:
“Article 84. Conversion from
paper documents into e-documents and vice versa
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35. Amendment to clause 1 of
Article 85 of Decree No. 58/2017/ND-CP:
“1. The declarant shall use his/her
digital signatures for declaration on the web portal in accordance with law on
e-transactions.”.
36. Addition of Chapter IVa
after Chapter IV:
“Chapter
IVa
REGULATIONS
ON MANAGEMENT OF SUBMERSIBLES PROVIDING TOURISM SERVICE IN VIETNAM’S SEAPORT
WATERS
Article 105a. Submersible
operational areas
1. Submersibles are only allowed to
operate in the submersible operational areas approved by the Vietnam Maritime
Administration and allocated by the competent authority.
2. Procedures for approval of
submersible operational areas
a) The organization shall submit 01
application directly or by post or via online public service system to the
Vietnam Maritime Administration;
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If the application is adequate,
within 03 working days from the day on which such application is received, the
Vietnam Maritime Administration shall send a written request (together with 01
copy of the application specified in Clause 3 of this Article) to the Ministry
of National Defense, the Ministry of Natural Resources and Environment and the
relevant People's Committees of provinces and cities for opinions. Within 30
working days from the date of receiving such request and related documents
attached, such agencies shall respond in writing to the Vietnam Maritime
Administration.
c) Within 10 days from the date of
receipt of the written response from the Ministry of National Defense, the
Ministry of Natural Resources and Environment, and relevant People's Committees
of provinces and cities, the Vietnam Maritime Administration shall issue a
decision on approval according to Form No. 66; in case of refusal, a written response
must be given stating the reasons.
3. The application for approval of
submersible operational areas includes:
“a) Original copy or electronic
form of the application form using Form No. 65 specified in the Appendix
attached hereto;
b) Original copy of the location
map of the aids to navigation;
c) A certified copy or an
electronic copy issued from the original book or an electronic copy certified
from the original copy of Decision approving the investment project.”
Article 105b. Requirements for
seafarers of a submersible
1. General regulations
a) Meet the standards for seafarers
in term of medical fitness and ensure the working age according to the
Vietnamese labor law;
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c) Have a Certificate of
Proficiency in Special Training of seafarers: crowd management for passenger
ships; safety training for personnel providing direct service to passengers in
passenger spaces; passenger safety training for passenger ships; crisis
management and human behavior training.
2. Requirements relating to
competencies for submersible pilots
In addition to requirements
specified in Clause 1 of this Article, submersible pilots must meet the
following requirements:
a) Hold an advance diploma in ship
control engineering or higher;
b) Have held the position of deck
officer for 06 months or more;
c) Have a Certificate of Competency
in submersible navigation issued by the manufacturer.
3. Requirements relating to
competencies for seafarers assisting navigation of submersibles
In addition to requirements
specified in Clause 1 of this Article, seafarers assisting navigation of
submersibles must meet the following requirements:
a) Hold a diploma in ship navigation
engineering or higher;
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c) Have a Certificate of completion
of training course for seafarers assisting navigation of submersibles issued by
the manufacturer.
Article 105c. Minimum manning
requirements of submersibles
1. Minimum manning requirements of
submersibles shall comply with the manufacturer's instructions and not be less
than the number of submersible seafarers stated on the Submersible technical
safety certificate.
2. The owner of the submersible shall
man the submersibles with sufficient personnel in accordance with Clause 1 of
this Article.
Article 105d. Procedures for
approval of Plans for putting submersibles into use
1. The organization shall submit 01
application directly or by post or via online public service system to the Port
authority.
2. The Port authority shall receive
the application. If the application is inadequate, within 03 working days from
the day on which such application is received, the Port authority shall provide
guidance on the completion of the application as prescribed herein;
If the application is adequate,
within 03 working days from the day on which such application is received, the
Port authority shall send a written request (with 01 copy of the application
specified in Clause 4 of this Article) to the Border Guard Commands of coastal
provinces and cities, Military Commands of provinces and cities, Department of
Transport and relevant agencies for opinions. Within 10 working days from the
date of receiving such request and related documents attached, such agencies
shall respond in writing to the Port authority.
3. No later than 07 working days
from the date of receipt of responses from relevant agencies, the Port
Authority shall approve the Plan for putting the submersible into use in
accordance with Form No. 68 specified in the Appendix attached hereto. In case
of refusal, a written response clearly stating reasons shall be given.
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a) Original copy or electronic form
of the application form for approval of Plan for putting the submersible into
use using Form No. 67 specified in the Appendix attached hereto;
b) Paper-base copy or electronic
copy of submersible registration certificate;
c) A certified copy or an electronic
copy issued from the original book or an electronic copy certified from the
original copy of Decision allocation of sea area;
d) Original copy of the Plan for
arrangement of the submersible pilot;
dd) Original copy of the Plan for
assurance of maritime safety and security, environmental pollution prevention
and search and rescue during submersible operations.
Article 105dd. Termination of
submersible operations
1. Cases of termination of
submersible operations
a) The submersible's operating
period expires according to the approved Plan for putting the submersible into
use;
b) The organization licensed to
operate the submersible does not operate it within 12 months from the date of
approval of the Plan for putting the submersible into use;
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d) For reasons of ensuring national
defense and security;
dd) The organization operating the
submersible no longer needs to operate or use it.
2. The Maritime Port Authority
shall issue a decision to terminate the operation of the submersible in
accordance with Points a, b, c, and d of Clause 1 of this Article.
3. Documentation and procedures for
terminating the operation of a submersible as prescribed in Point d of Clause 1
of this Article
a) The organization operating
submersible shall send the original copy or electronic form of 01 Application
form according to Form No. 69 specified in the Appendix attached hereto
directly or by post or online via the public service system to the Port
Authority;
b) Within 03 working days from the
date of receipt of the application, the Port Authority shall terminate the
operation of submersible in accordance with Form No. 70 specified in the
Appendix attached hereto.
4. The Port Authority shall inform
relevant agencies and organizations of such termination.
Article 105e. Responsibilities
of organizations operating submersibles
1. Develop and maintain a safety
management system for submersibles as prescribed.
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3. Organize the transfer of people
from the mother ship supporting the submersibles to the submarine and perform
diving operations, ensuring safety.
4. Develop a plan to arrange
submarine operators in accordance with the manufacturer's instructions in
accordance with the technical characteristics of the vehicle and the actual
operation and use, and be accountable for this arrangement.
5. Be accountable for the quality
of training and coaching of the seafarer of the submersible.
6. Establish and maintain aids to
navigation as prescribed.
7. Purchase insurance and perform
insurance obligations as prescribed.
8. Keep a logbook of submersible
operations in accordance with regulations as for ships.
9. Develop accident and incident
handling plans, search and rescue plans (on the water and underwater) and
organize drills for such plans before putting the submersible into use at least
once a year.
10. Carry out registration and
inspection according to regulations for means participating in operations
related to passenger submersibles.
11. When carrying out diving
operations during the day, before 16:00 every day, a report must be sent to the
Port Authority on the results of the implementation of the diving operation
plan for the day and a plan for the next day's diving operations must be made,
including the main contents (submersible name, seafarer, total number of dives,
number of passengers on each dive, start time and end time of each dive). If
there are any changes or other requirements, the Port Authority must be
notified immediately to organize the inspection and supervision of diving
operations. Daily diving operation plans must be stored as required and must be
presented and provided immediately upon request by state regulatory
authorities.
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1. Responsibilities of the master
of the mother ship supporting the submersible
a) Ensure that diving operations
are carried out safely and in accordance with the operating instructions as
prescribed;
b) Ensure the safety of passengers
on the mother ship supporting the submersible;
c) Control the number of passengers
on the mother ship supporting the submersible and the submersible according to
the number of people recorded on the Technical Safety Certificate of the ship
and the information of the seafarers and passengers on the submersible in
accordance with the notification sent to the Port Authority;
d) Regulate the operation of means
and equipment assisting the submersible, promptly apply effective rescue and
assistance measures when incidents or accidents related to diving operations
occur; at the same time, immediately report to the Port Authority and relevant
authorities to cooperate in the rescue;
dd) Notify the Port Authority of the
end of the diving operation and other arising issues (if any) via communication
channels;
e) Record all information and sign
the confirmation in the diving operation log;
g) Control the number and list of
passengers, check the ship before and after diving, present or provide
immediately upon request of the managing agency.
2. Responsibilities of the submersible
pilot
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b) Carry out pre- and post-dive
checks in accordance with the submersible operation procedures;
c) Operate the submersible safely
and in accordance with the operation instructions as prescribed;
d) Record the submersible operation
log, including detailed information about the submersible; passengers,
seafarers (full name, personal identification number or passport), present or
provide it immediately upon request of the managing agency.
3. Responsibilities of the seafarer
assisting navigation of the submersible
a) Assist the submersible pilot;
b) Replace the submersible pilot if
the submersible pilot loses the ability to control the submersible;
c) Provide instructions on safety
rules and how to use safety equipment on the submersible to passengers
participating in diving operations before starting, during and ending the
diving operation.
Article 105h. Responsibilities of
passengers
Comply with the instructions of
competent authorities and the instructions of the seafarers while participating
in diving operations.
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1. Supervise diving operations to
ensure safety in accordance with the approved Plan for putting the submersible
into use.
2. Receive notifications and
reports from the organization operating the submersible and cooperate with
relevant agencies in coordinating search and rescue, handling accidents and
incidents in the area.
Article 105k. Regulations on
cooperation in search and rescue when incidents occur during diving operations
1. The cooperation in information
exchange related to accidents, incidents, ensuring maritime safety and security
and pollution prevention must be prompt, timely, complete and accurate.
2. The organization operating the
submersible, the master of the mother ship supporting the submersible, the Port
Authority and relevant parties, upon receiving information about accidents and
incidents during diving operations, must promptly and accurately notify and
forward the received information to the unit in charge of handling the accident
and incident, ensuring maritime safety and security and preventing
environmental pollution.
3. The National Civil Defense
Steering Committee shall take charge and cooperate in search and rescue
activities for submersible search and rescue incidents.
Article 105l. Accident and
incident reporting
1. In case of an accident or
incident involving a submersible occurring in the seaport waters and the
Vietnamese waters, the organization operating the submersible and the master of
the mother ship supporting the submersible must immediately report to the Port
Authority.
2. Upon receiving notice or knowing
about an accident or incident, the Port Authority shall immediately forward
such information to the following agencies and organizations: Vietnam
Maritime Administration; Maritime Safety Enterprises, if the accident causes
damage or renders ineffective maritime support equipment or affects the
maritime safety of ships; People's Committees of provinces and centrally
affiliated cities and provincial-level military agencies, if the accident
causes or is likely to cause environmental pollution or damage to aquatic
resources.
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1. The authority to investigate
accidents or incidents involving means assisting submersible operations shall
comply with the law.
2. When a submersible is involved
in an accident or incident, the organization of accident, incident
investigation shall comply with the law on accident investigation for ships.”.
37. Amendments to clause 1 and
point b of clause 2 of Article 99 of Decree No. 58/2017/ND-CP:
a) Amendment to Clause 1 of Article
99:
1. Places where procedures are
carried out: Headquarters or representative offices the port authority.”.
b) Amendment to point b of Clause 2
of Article 99:
“b) Documents to be presented
(original copies): Certificate of registration of inland waterway vehicle;
Certificate of conformity from inspection of technical safety quality and
environmental protection of the vehicle; seafarer register; Diploma or
Certificate of professional competence, professional certificate of seafarers, pilot.”.
38. Amendment to clause 1 of
Article 100 of Decree No. 58/2017/ND-CP:
1. Places where procedures are
carried out: Headquarters or representative offices of the port authority.”.
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“2. The rescue of persons in
distress is an obligation of all organizations, individuals, ships and other
means while operating within seaport waters and Vietnamese territorial waters.
Any ship that receives a rescue request from the agency in charge of search and
rescue or discovers or receives a distress signal from another person or ship
in distress at sea or within seaport waters must make every effort to help and
rescue people in distress, even though such effort entails the ship's going off
the predetermined course, and must promptly inform relevant organizations and
individuals thereof, provided it is capable of rescuing and if the rescue does
not pose any serious danger to the ship and people onboard. The less damaged
ship shall assist more damaged ships even though the accident or emergency is not
caused by the former.”.
40. Amendments to the heading of
Article 110, clause 2 of Article 44 and addition of clause 5 after clause 4 of
Article 44 of Decree No. 58/2017/ND-CP:
a) Amendment to the heading of
Article 110:
“Article 110. Transport of
passengers and cargoes, mineral mining, fishing and aquaculture within seaport
waters”.
b) Amendment to Clause 2 of Article
110:
“2. The mineral mining, fishing and
aquaculture within seaport waters may only be carried out if such activities do
not affect maritime operations, maritime safety and security and environmental
safety in the area and are licensed by competent authorities, allocated sea
areas as prescribed.”.
c) Addition of clause 5 after
clause 4 of Article 110:
“5. The People's Committees of
provinces and cities shall cooperate with the Port Authorities to handle
aquaculture activities that endanger or obstruct maritime traffic in seaport
waters and sea areas in accordance with law.".
41. Addition of points c and b to
clause 8 of Article 113 of Decree No. 58/2017/ND-CP:
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42. Amendment to clause 2 of
Article 114 of Decree No. 58/2017/ND-CP:
“2. The Director of the port
authority shall take charge in commanding the salvage of ships involved in a
fire or explosion within seaport waters until a competent commander of a fire
safety authority is present at the scene.”.
43. Replacement of the forms in
Decree No. 58/2017/ND-GOVERNMENT, which is amended by Decree No. 74/2023/ND-CP:
a) Replace forms No. 01, 02, 06,
07, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46, 49,
50, 51, 59, 61, 62 of Decree No. 58/2017/ND-CP with forms No. 01, 02, 06, 07,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46, 49, 50,
51, 59, 61, 62 of Decree No. 58/2017/ND-CP respectively with forms No. 01, 02,
06, 07, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, 39, 40, 46,
49, 50, 51, 59, 61, 62 in Appendix I attached hereto;
b) Replace forms No. 42, 43, 44,
47, 48, and 57 of Decree No. 58/2017/ND-CP amended and supplemented by Decree
No. 74/2023/ND-CP with forms No. 42, 43, 44, 47, 48, and 57 in Appendix II
attached hereto.
44. Add forms No. 2a, 35a, 63, 64,
65, 66, 67, 68, 69 and 70 in Appendix III attached hereto.
45. Add Appendix IV attached hereto.
Article 2.
Annulment of some parts of some Decrees
1. Parts of Decree No.
58/2017/ND-CP dated May 10, 2017 of the Government detailing a number of
articles of the Vietnam Maritime Code on the management of maritime operations
are annulled:
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b) Clause 4 and Clause 13 of
Article 3 of Decree No. 58/2017/ND-CP are annulled;
2. Parts of Decree No.
70/2016/ND-CP (which is amended by Decree 147/2018/ND-CP) are annulled:
a) Point b of Clause 1 of Article 1
of Decree No. 70/2016/ND-CP is annulled;
b) Section 3 of Chapter II of
Decree No. 70/2016/ND-CP (which is amended by Decree 147/2018/ND-CP) is
annulled:
Article 3.
Effect
This Decree comes into force from
April 10, 2025. Forms No. 42, 43, 46, 47, 48, 49, 50, 51, 57 specified in
Clause 43 of Article 1 hereof come into force from April 10, 2027.
Article 4.
Transitional clauses
For terminals and wharves permitted
to receive lightered ships with technical specifications greater than those
specified in the Decision promulgated before the effective date hereof, and are
operating safely but do not have a Maritime Safety Assurance Plan approved in
accordance with Clause 4, Article 1 hereof, they may continue to receive
lightered ships with technical specifications greater than those specified in
the Decision promulgated and must have the Maritime Safety Assurance Plan
approved by a competent authority no later than 12 months from the effective
date hereof.
After 12 months from the effective
date hereof, terminals and wharves that do not have a maritime safety assurance
plan approved by a competent authority shall not be allowed to receive
lightered ships with technical specifications greater than those specified in
the promulgated Decision.
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1. The Minister of Transport shall
take charge and cooperate with relevant ministries, central authorities and
People's Committees of provinces and centrally affiliated cities in organizing
the implementation of this Decree.
2. Ministers, Heads of ministerial
agencies, Heads of Government agencies, Presidents of People's Committees of
provinces and centrally affiliated cities and relevant organizations,
individuals are responsible for implementing this Decree.
ON
BEHALF OF GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha