Nghị định 159/2018/NĐ-CP hoạt động nạo vét trong vùng nước cảng biển đường thủy nội địa

DECREE

MANAGEMENT OF DREDGING OPERATIONS WITHIN SEAPORT WATER AND INLAND WATER AREAS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments and Supplements to certain Articles of the Law on Inland Waterway Traffic dated June 17, 2014;

Upon the request of the Minister of Transport;

The Government hereby promulgates the Decree on management of dredging operations within seaport water and inland water areas.

Chapter I

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Article 1. Scope

This Decree provides for the management of dredging operations within seaport water and inland water areas.

Article 2. Subjects of application

This Decree shall apply to domestic and overseas entities and persons involved in dredging operations within seaport water and inland water areas.

Article 3. Definition

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Inland water area includes inland waterways and water areas of inland water ports, wharves, typhoon shelters, transshipment hubs and anchorages.

2. Navigation channel dredging works specified in this Decree include dredging of shipping channels and turning basins associated with navigable channels.

3. Regional inland waterway regulatory authority refers to a body specialized in state management of inland waterways in the locality under its jurisdiction, including inland waterway subdepartments, the inland waterway port authorities affiliated to the Vietnam Inland Waterway Administration, inland waterway port authorities affiliated to provincial Departments of Transport or Departments of Transport of localities where inland waterway port authorities are not established.

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5. Privately-invested project for dredging of inland waters refers to a project that carries out dredging works within an inland water area in the form of collection of dredged products.

6. Dredging operation refers to the use of mechanical and hydraulic equipment and instruments operating underwater to remove sediment and debris from bottom areas (dredged materials); includes dredging works for the purpose of construction and collection of dredged products.

7. Dredging for collection of products refers to the dredging operation for the construction purposes in which a part or all of dredged materials are utilized for other purposes.

8. Dredging for construction purposes includes basic dredging and maintenance dredging operations.

a) Basic dredging operation refers to the primary dredging for the purpose of creating a new water body or area to meet demands of use and operation thereof, or deepening or expanding the territory of an existing water body or area;

b) Maintenance dredging refers to the dredging operation carried out in order to maintain the navigable depth and extent of a water body or area which have been generated through the basic dredging operation.

9. Standard maintenance refers to the implementation of activities for the purpose of ensuring that technical specifications of a seaport water and inland water area are corresponding to those specified in the approved design.

10. Dredging equipment includes all of equipment and instruments used during the process of dredging, inclusive of sand and gravel suction and extraction equipment.

11. Automatic Identification System (AIS) refers to a radio wave receiving and transmitting system that operates within the VHF frequency band in accordance with regulations in force in order to exchange data between vessels and other external subjects.

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13. Camera refers to a device used for producing and recording motion pictures and transmitting them to a specified place or displaying them on certain permitted screens.

Chapter II

GENERAL PROVISIONS ON MANAGEMENT OF DREDGING OPERATIONS WITHIN SEAPORT WATER AND INLAND WATER AREAS

Article 4. Principles of dredging operations within seaport water and inland water areas

1. Dredging operations shall be required to conform to provisions set forth herein and other relevant legislations in order to ensure maritime safety, security, inland waterway traffic order and safety, environmental pollution prevention, safety for residential communities, dykes, water facilities, infrastructure, prevention and control of natural disasters, river bed, bank and floodplain erosions and landslides, and avoiding any impacts on maritime and inland waterway infrastructure as well as other facilities.

2. Avoid carrying out dredging operations within seaport water and inland water areas which are likely to hinder vessels from sheltering in the flood season or in case of calamities that may occur.

3. Before carrying out dredging activities, dredging units shall be responsible for notifying their action plans (including such information as schedule, duration, progress, scale, type and quantity of dredging equipment and dredging forms) to specialized regulatory authorities (e.g. regional maritime administrations and regional inland waterway administrations) and local authorities of localities where dredging projects are located, and installing project signboards at project sites during the project execution period. The project signboard must give information about the approval-granting authority, project developers, investors, supervisors, contractors, project scale, schedule, commencement time, completion time, funding sources and project implementation forms.

4. Basic dredging projects related to inland waterways must seek approval of their implementation plans from the Ministry of Natural Resources and Environment or provincial People’s Committees in accordance with legislation on water resources. In case of projects for basic dredging of inland waterway navigable channels with dikes, it shall be mandatory to collect opinions from provincial People's Committees; in case of projects for basic dredging of inland navigation channels with dikes ranked from the level III to the special level, or located within the territories of at least 02 provinces, it shall be compulsory to collect opinions from the Ministry of Agriculture and Rural Development prior to approval of these projects.

5. Dredged materials must be managed under laws on environmental protection, land, marine natural resources and sea and island environment, and other relevant legislative regulations.

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1. Developers, stakeholders and investors in projects for dredging of navigable channels within seaport water and inland water areas shall be responsible for supervising dredging, disposal and placement of dredged materials from the beginning to the end of dredging activities, including but not limited to the following tasks:

a) Conducting the close supervision of dedicated dredging equipment in order to ensure dredging activities are carried out within the boundaries of the approved projects and in compliance with project designs;

b) Conducting the strict supervision of carriers designed for transport and disposal of dredged materials, routes of these carriers, ocean dumping and disposal of dredged materials at locations which are approved by authorized licensing authorities;

c) Conducting the examination and supervision of installation and maintenance of normal operation of dredging surveillance systems, the management of dredging surveillance system data and the connection between dredging surveillance systems and surveillance systems of competent authorities in order to meet demands of management, examination, surveillance and data access upon the request of regulatory authorities;

d) Conducting the supervision of dredging activities to ensure conformance to safety, environmental protection and other requirements in accordance with legislative regulations in force.

2. Requirements of dredging surveillance systems:

a) Dredging surveillance systems installed on dredging equipment must include AIS devices in order to provide information about positions of dredging equipment;

b) Dredging surveillance systems installed on carriers intended for transport and disposal of dredged materials must include AIS devices in order to provide information about courses, routes and journeys of these carriers; cameras providing images of dredged material holds upon receipt of dredged materials along the route to dumping sites, and from the beginning to the end of disposal of dredged materials at the prescribed locations;

c) Dredging surveillance systems must be fixed in the appropriate position on dredging equipment and dredged material carriers in order to facilitate recording of all necessary data and images, and must be designed with measures for preventing and controlling any impact that may falsify data (e.g. security lead or seal attachments, etc.), and ensure they work under continuous and stable conditions during the project execution period.

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Article 6. Plans for assurance of traffic safety for dredging operations occurring within seaport water and inland water areas

1. Prior to commencement of dredging operations, project developers and investors shall have to prepare plans to maintain traffic safety for submission to competent authorities to seek their approval under the provisions of this Decree.

2. Followings are information that needs to be presented in plans for assurance of traffic safety:

a) Project name, name and address of the project developer, dredging location, scale and volume, and dredge material disposal site;

b) Dredging duration;

c) Dredging method;

d) Method for maintaining traffic safety;

dd) List of dredging equipment (including information about quantity, functions, technical specifications, registration duration, etc.);

e) Recommendation about the machinery for cooperation between related entities.

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a) Regional maritime and port administrations shall be authorized to approve plans for assurance of traffic safety for dredging operations occurring within seaport water areas;

b) Regional inland waterway administrations shall be authorized to approve plans for assurance of traffic safety for dredging operations occurring within inland water areas.

4. Documents submitted to apply for approval of the plan for assurance of traffic safety shall be comprised of the followings:

a) Written request for approval of the plan for assurance of traffic safety;

b) Copy of the decision on investment in the dredging project;

c) Copy of the decision on approval of construction design;

d) Copy of the general topographical map of the project;

dd) Authentic copy of the plan for assurance of traffic safety.

5. Procedures for receipt and processing of application documents:

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6. Responsibilities for giving directions and instructions for surveillance of dredging operations according to the approved plan for assurance of traffic safety:

a) Vietnam Maritime Administration shall be responsible for giving directions and instructions for dredging operations within seaport water areas to regional maritime and port authorities;

b) Vietnam Inland Waterway Administration shall be responsible for giving directions and instructions for dredging operations within inland water areas to regional inland waterway authorities;

c) Provincial Departments of Transport shall be responsible for giving directions and instructions for dredging operations in inland water areas under their jurisdiction to affiliated inland waterway authorities.

7. In case natural disasters or bad weather conditions occur, equipment carrying out dredging operations must take shelter from these conditions at the competent authority’s command.

8. If dredging operations cause no adverse impact on sea or inland water transport activities, it shall not be necessary to formulate plans for assurance of traffic safety.

Article 7. Regulations on environmental protection tasks

1. Basic dredging projects to be implemented in port waters and inland waters shall be subject to the evaluation of environmental impacts in accordance with laws on environmental protection.

2. As for maintenance dredging projects to be implemented as annual activities, the evaluation of environmental impacts or environmental protection plans shall be carried out each year or at quinquennial intervals. Formulation, evaluation and approval of environmental impact reports or environmental protection plans shall be carried out based on the following basic information:

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b) Costs incurred from formulation and assessment of environmental impact evaluation reports or environmental protection plans which are calculated on the basis of the investment outlay in the first year of the cycle of a project and are recognized as entries of funding sources allocated in the first year of the project cycle.

3. Positioning of shore-based sites for disposal of materials dredged within seaport water and inland water areas shall follow the procedures:

a) Project developers or investors send written requests to People’s Committees of provinces and centrally-affiliated cities (hereinafter referred to as provincial People’s Committee) to seek their approval decision on the dredged material disposal location.

Within duration of 15 working days, provincial People’s Committees send written responses to decide on appropriate disposal sites; in case of rejection, send explanatory responses.

b) In case provincial People’s Committees have not yet announced or failed to arrange disposal sites, project developers or investors may, on their own initiative, find suitable disposal sites and report them to provincial People's Committees to seek their consent as a basis for implementation.

Within duration of 15 working days, provincial People’s Committees send written responses to decide on appropriate disposal sites; in case of rejection, send explanatory responses.

Article 8. Dredging operations related to national defence and security issues

1. The Minister of National Defense and the Minister of Public Security shall, based on their assigned duties and powers, regulate the mechanism for management of dredging operations pertaining to the national defence and security sector or occurring within military zones.

2. Contents of the mechanism for management of dredging operations prescribed in clause 1 of this Article must encompass those of the mechanism for cooperation between forces of the Ministry of National Defense and/or the Ministry of Public Security and regulatory authorities in order to ensure safety for marine or inland waterway activities.

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1. Collection of natural resources and minerals through dredging operations shall be subject to laws on natural resources, minerals, and other regulations on dredging and disposal of dredged materials as provided in Article 5 and shall conform to plans for assurance of traffic safety with respect to dredging operations referred to in Article 6 herein.

2. Provincial People’s Committees shall preside over and cooperate with the Ministry of Natural Resources and Environment, the Ministry of Construction, the Ministry of Transport and relevant authorities in performing surveillance duties, and shall undertake the collection of natural resources and minerals through dredging operations in order to ensure none of adverse impacts on sea and inland water transport, safety and security activities and conformance to environmental protection requirements as per laws.

Chapter III

MAINTENANCE DREDGING OF PUBLIC MARINE NAVIGATION CHANNELS AND INLAND NAVIGATION CHANNELS FUNDED BY STATE BUDGET ALLOCATIONS UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT AND PROVINCIAL PEOPLE’S COMMITTEES

Article 10. Principles of management of maintenance dredging of public marine navigation channels and inland navigation channels funded by state budget allocations

1. As for maintenance dredging of public marine navigation channels and inland navigation channels funded by state budget allocations under the management of the Ministry of Transport and provincial People’s Committees, such allocations shall be assured and given by using annual state budget expenditures.

2. Warranty and insurance for projects in maintenance dredging of public marine navigation channels and inland navigation channels shall not be provided.

Article 11. Assignment of tasks of implementation

1. Task assignment and budget allocation bodies:

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b) Provincial People’s Committees assigns tasks and give budget allocations for maintenance dredging of inland navigation channels at the local level.

2. As for maintenance dredging of public marine navigation channels, the Ministry of Transport shall exercise the authority delegated to the investment decision maker; the Vietnam Maritime Administration shall exercise the authority delegated to the project investor and perform certain duties assigned to the investment decision maker (as provided in Article 16 and 17 herein). Enterprises providing public maritime safety services shall be assigned to perform tasks as project investors (as provided in Article 16, 17, 18, 19 and 21 herein) under contracts for provision of public services of maintenance dredging of marine navigation channels which have been entered into with the Vietnam Maritime Administration.

3. As for maintenance dredging of national-level inland navigation channels, the Ministry of Transport shall exercise the authority delegated to the investment decision maker; the Vietnam Maritime Administration shall exercise the authority delegated to the project investor and perform certain duties assigned to the investment decision maker (as provided in Article 16 and 17 herein).

4. As for maintenance dredging of local-level inland navigation channels, provincial People’s Committees shall exercise the authority delegated to the investment decision maker; provincial Departments of Transport shall perform duties assigned to the project investor.

Article 12. Implementation forms

1. Maintenance dredging of public marine navigation channels and inland navigation channels which is funded by the state budget shall take the following forms:

a) Maintenance dredging carried out based on the actual dredging volume, including the annual maintenance dredging; irregular maintenance dredging for traffic safety carried out in the form of simplified bidder appointment with respect to emergency tasks arising due to force majeure causes of which failure may risk maritime safety and inland water transport safety or seriously affect maritime and inland waterway operations;

b) Maintenance dredging based on the dredging quality, including turnkey standard maintenance dredging carried out during the definite period.

2. Ministry of Transport:

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b) Regulate in detail the turnkey standard maintenance dredging carried out during the definite period and the irregular maintenance dredging carried out for assurance of traffic safety.

3. Provincial People’s Committees shall be authorized to decide the specific form of maintenance dredging of local-level inland navigation channels.

Article 13. Implementation procedures

Maintenance dredging of public marine navigation channels and inland navigation channels funded by the state budget shall be carried out by performing the following steps:

1. Preparing the maintenance dredging plan.

2. Giving estimated state budget allocations.

3. Following environmental protection procedures referred to in Article 7 herein.

4. Formulating the project design and cost estimate.

5. Selecting the contractor.

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7. Performing the acceptance testing.

8. Making payments and fulfilling financial obligations.

Article 14. Formulation of maintenance dredging plans and maintenance plans

1. Vietnam Maritime Administration and Vietnam Inland Waterway Administration shall prepare the plan and budget estimate for maintenance of national maritime and inland waterway facilities for submission to the Ministry of Transport for its review and approval, and shall consolidate them into the annual estimate of state budget revenues and expenditures of the Ministry of Transport submitted to the Ministry of Finance.

2. Departments of Transport shall prepare the annual plan for maintenance of local-level inland waterways for submission to provincial People’s Committees.

Article 15. Assignment of estimated state budget spending tasks

1. Vietnam Maritime Administration and Vietnam Inland Waterway Administration shall prepare an estimate of state budget spending for submission to the Ministry of Transport for making a consolidated estimate of state budget expenditures which is then submitted to the Ministry of Finance in accordance with regulations in force.

2. In reference to the estimate of state budget spending assigned by the Ministry of Finance, the Ministry of Transport shall grant an approval of the maintenance plan and assign estimated state budget spending tasks to the Vietnam Maritime Administration and Vietnam Inland Waterway Administration. Provision of state budget expenditures for projects in maintenance dredging of public marine navigation channels and inland navigation channels shall be based on the approved plan for maintenance of maritime and inland waterway infrastructure; shall not need the project cost estimate approved by a competent authority.

3. Local transport entities shall make an estimate of budget allocations for local inland waterways which is submitted to same-level financial entities for their consideration and preparation of a consolidated report submitted to competent authorities in accordance with regulations in force.

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1. Producing the construction design and making the cost estimate

a) Construction design and cost estimate shall be made on the basis of the topographic map giving a notice of depths of marine navigation channels and inland navigation channel which is latest, but less than 06 months till the design approval date; in case where the marine notice or the notice of inland navigation channels has been issued for more than 6 months before the design approval date, or data of these notices are not available, a survey must be conducted to create the construction design and cost estimate. The dredging volume specified in the design includes the alluvial soil volume estimated from the date of the measurement survey giving the marine and national inland waterway notice to the date of the measurement survey for handover of the cleared site; the step in formulating the project or economic-technical report and the step in evaluating and inspecting acceptance testing activities of the specialized construction body shall not be performed;

b) As for the turnkey standard maintenance dredging carried out during the definite period and the irregular maintenance dredging carried out for the purpose of maintaining traffic safety, the Ministry of Transport shall provide detailed instructions for making the project design and cost estimate.

2. Making, evaluating and approving the project design and cost estimate.

a) Companies providing public maritime safety services shall be authorized to select and enter into contracts with design, environmental and assessment consulting bodies; undertake the formulation, assessment and submission to the Vietnam Maritime Administration of the construction design and cost estimate, the estimate of environmental protection costs, the scheme of tasks and technical measurement survey plans for handover of the cleared site, the surveillance scheme, and the scheme of tasks and technical survey plans for acceptance testing of projects for maintenance dredging of public marine navigation channels;

b) Vietnam Maritime Administration shall be authorized to undertake the evaluation and approval of the construction design and cost estimate, the estimate of environmental protection costs, the scheme of tasks and technical measurement survey plans for handover of the cleared site, the surveillance scheme, and the scheme of tasks and technical survey plans for acceptance testing of projects for maintenance dredging of public marine navigation channels;

c) Regional inland waterway authorities shall be authorized to undertake the formulation, review and submission to the Vietnam Inland Waterway Administration to seek its evaluation and approval of the construction design and cost estimate, the estimate of environmental protection costs, the scheme of tasks and technical measurement survey plans for handover of the cleared site, the surveillance scheme, and the scheme of tasks and technical survey plans for acceptance testing of projects for maintenance dredging of national-level inland navigation channels;

d) Provincial People’s Committees shall be authorized to undertake the evaluation and approval of the design and estimate of costs of projects in the maintenance dredging of local-level inland navigation channels.

Article 17. Selection of contractors

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a) Companies providing public maritime safety services shall be authorized to prepare the plan for selection of contractors executing projects in maintenance dredging of public marine navigation channels for submission to the Vietnam Maritime Administration to request its evaluation and approval thereof in accordance with regulations in force;

b) Regional inland waterway authorities shall be authorized to prepare the plan for selection of contractors executing projects in the maintenance dredging of national-level inland navigation channels for submission to the Vietnam Inland Waterway Administration to request its evaluation and approval thereof in accordance with regulations in force;

c) Provincial People’s Committees shall be authorized to undertake the formulation of the contractor selection plan, evaluation and approval thereof with respect to projects in the maintenance dredging of local-level inland waterways.

2. Conducting the selection of contractors

a) Vietnam Maritime Administration shall select and sign contracts with bodies providing survey consulting services for handover of cleared project sites, supervision consulting services, survey consulting services for acceptance testing, consulting services for audit of projects in the maintenance dredging of public marine navigation channels and bodies providing AIS data management and data access services in accordance with laws on procurement of projects in the maintenance dredging of public marine navigation channels;

Companies providing public maritime safety services shall be authorized to perform certain tasks assigned to investors in selecting and signing contracts with environmental protection consulting bodies and contractors executing projects in the maintenance dredging of public marine navigation channels in accordance with laws on bidding.

Vietnam Maritime Administration shall exercise responsibilities delegated to a competent person as provided in Article 73 of the Law on Bidding with respect to bids in which companies providing public maritime safety services are assigned the tasks of selecting contractors and signing contracts.

b) Designated regional inland waterway authorities shall undertake the selection of contractors and represent their selection to the Vietnam Inland Waterway Administration. Vietnam Inland Waterway Administration shall proceed to approve the result of selection of contractors and sign contracts with design consulting bodies, environmental protection consulting bodies, construction contractors and provide survey consulting services for handover of cleared project sites, survey consulting services for acceptance testing, supervision consulting services, audit consulting services and bodies providing AIS data management and access services in accordance with laws on procurement of projects in the maintenance dredging of national-level inland navigation channels;

c) Provincial People’s Committees shall be authorized to undertake the selection of contractors with respect to projects in the maintenance dredging of local-level inland navigation channels.

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1. The measurement survey intended for handover of cleared project sites shall be carried out no more than 15 days before the project commencement date. Site land handover volume shall be a basis for determination of the official contractual value.

2. Regarding the maintenance dredging of public marine navigation channels:

a) Vietnam Maritime Administration shall preside over conducting the measurement survey for handover of the cleared project site; inspecting the processes, procedures, and progress of implementation by its affiliates in compliance with the approved scheme;

b) Vietnam Maritime Administration, designated companies providing public maritime safety services, bodies providing supervision consulting services and design consulting services shall carry out the examination and supervision of the measurement survey of cleared sites by contractors providing survey consulting services, and perform the acceptance test of results of cleared sites handed over to construction contractors;

c) In case the results of the measurement survey for handover of the cleared site show that the dredging volume is greater than that in the approved design documentation, within the duration of 10 working days, companies providing public maritime safety services may be authorized to cooperate with design consulting bodies in submitting the adjusted estimate to the Vietnam Maritime Administration for its review and approval; in case the adjusted volume exceeds the estimated budget for dredging operations, within the duration of 05 working days, Vietnam Maritime Administration shall be responsible for reporting to the Ministry of Transport to request its review and decision.

3. Regarding the maintenance dredging of national-level inland navigation channels:

a) Vietnam Inland Waterway Administration shall preside over conducting the measurement survey for handover of the cleared project site; inspecting the processes, procedures, and progress of implementation by its affiliates in compliance with the approved scheme;

b) Designated regional inland waterway authorities, supervision and design consulting bodies shall cooperate with Vietnam Inland Waterway Administration in conducting the inspection and surveillance of the measurement survey of the cleared project site by survey consulting contractors and performing the acceptance test of the cleared project site handed over to construction contractors.

c) In case the results of the measurement survey for handover of the cleared site show that the dredging volume is greater than that in the approved design documentation, within the duration of 10 working days, designated regional inland waterway authorities may be authorized to cooperate with design consulting bodies in submitting the adjusted estimate to the Vietnam Inland Waterway Administration for its review and approval; in case the adjusted volume exceeds the estimated budget for dredging operations, within the duration of 05 working days, Vietnam Inland Waterway Administration shall be responsible for reporting to the Ministry of Transport to request its review and decision.

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Article 19. Organizational structure of management of project execution

1. The Ministry of Transport shall elaborate on organizing implementation and contents of project execution contracts.

2. Regarding the maintenance dredging of public marine navigation channels:

a) Designated companies providing public maritime safety services shall assume responsibility for management and inspection of performance of contractors, supervision and environmental consulting bodies during the project execution period;

b) Vietnam Maritime Administration shall organize regular inspections and irregular inspections (where necessary) in order to ensure conformance to prescribed quality and implementation progress requirements.

3. Regarding the maintenance dredging of national-level inland navigation channels:

a) Designated regional inland waterway authorities shall be responsible for managing and inspection all of the stages of implementation by contractors, supervision and environmental consulting bodies during the project execution period;

b) Vietnam Inland Waterway Administration shall organize regular inspections and irregular inspections (where necessary) in order to ensure conformance to prescribed quality and implementation progress requirements.

4. As for the maintenance dredging of local-level inland navigation channels, provincial People’s Committees shall undertake the management, inspection and supervision of all of the stages in project execution by contractors in order to ensure conformance to prescribed quality and implementation progress requirements.

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1. Tasks of inspection and surveillance of project execution shall be subject to Article 5 herein.

2. The tasks of supervision of maintenance dredging operations shall include:

a) Reviewing and checking the detailed plan for dredging steps and methods developed by construction contractors before submitting it to seek approval;

b) Checking project site positioning and elevation markers used during the project execution period;

c) Checking and supervising construction machinery and equipment gathering at project sites based on the list, specifications, types, technical functions, registration validity period, credentials of mariners, insurance policies and other necessary requirements in order to ensure safety during the project execution period.

d) Checking the installation and quality of dredging surveillance systems. These systems must be of clear origin, must be protected by fixing security seals and leads, and must clearly display such information as name (number), size, status, speed, parking time in order to facilitate the monitoring, inspection and supervision;

dd) Monitoring the dredging progress;

e) Inspecting conditions for commencement of project execution; construction contractor’s personnel entering and leaving project sites;

g) Supervising safety and environmental protection issues;

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i) Supervising the survey and inspection after completion of dredging operations, ensuring that project site positioning and elevation markers used for survey operations performed before and after dredging operations are kept unchanged;

k) Checking and confirming the dredging volume.

3. The tasks of transportation and disposal of dredged materials shall include:

a) Supervising equipment used for transportation and disposal of dredged materials at dredging positions, courses and journeys of such equipment for disposal of dredged materials and location of disposal of dredged materials approved during the project execution period;

b) Collecting and bringing together on-site information and data (e.g. position, speed and parking time) from dredging surveillance systems installed on dredging and transport equipment. Taking photos of holds intended for storage of dredged materials on transport equipment at the beginning of receipt of dredged materials at project sites; upon completion of dredging operations for transportation and disposal of dredged materials; at the end of the journey to dumping sites and upon completion of disposal of dredged materials before moving back to project sites.

4. The tasks of supervision of project completion activities shall include:

a) Checking the coordinate, elevation and slope of the dredging site to ensure conformance to requirements set out in design documentation;

b) Supervising the measurement survey and confirming workloads accomplished by the contractor; supervising the measurement survey and confirming workloads performed at the dredged material dumping site with respect to shore disposal and dumping of dredged materials carried out by using the tube suction and blowing method;

c) Supervising the acceptance testing and commissioning of all project items. The measurement survey for acceptance testing and commissioning purposes after the construction contractor’s sending the notification of completion of dredging works. If the acceptance testing survey result shows that all works have not been done in conformance to requirements, the construction contractor shall have to complete the undone works until the inspection concludes that requirements are fully satisfied.

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5. Responsibilities of the supervision consulting body

a) Carrying out supervision tasks specified in this Article and relevant legislative regulations;

b) Preparing the organizational chart of personnel and scheme for surveillance activities for submission to the project developer for its review and approval prior to implementation of construction supervision activities;

c) Organizing an official department specialized in ensuring systematic implementation of all dredging operations from the commencement of the project to the commissioning and handover; assigning personnel to perform supervision tasks, including the Chief Supervisor and Supervisors;

d) Providing all equipment necessary for supervision tasks; employing the essential number of technicians having competence and professional experience to carry out the strict supervision and regular inspection of all stages of fulfillment of contractual duties by the contractor in charge of the survey and dredging works in order to ensure conformance to required project quality and implementation progress requirements as well as other occupational safety and environmental hygiene conditions. Recording all of the results of supervision of dredging operations and transportation and disposal of dredged materials;

dd) Routinely inspecting and supervising personnel and equipment that the construction contractor allows to enter or exit the project site (including subcontractors and hired equipment); confirming quantity and quality of machinery and equipment according to contracts or award of contract documentation (including the list of equipment, technical functions, registration duration, crew member credential and insurance, etc.); promptly informing the project developer if any equipment which is not owned by the construction contractor appears at the project site;

e) On a daily basis, checking the status of installation and operation of dredging surveillance systems on dredging equipments owned by the contractor; requesting immediate corrective actions to be taken in case of any system breakdown or error which results in failure to meet prescribed quality standards;

g) Regularly checking and supervising internal quality control systems of contractors; checking the coordinate, elevation and slope of the dredging site to ensure conformance to requirements set out in design documentation; monitoring and expediting the progress of dredging operations;

h) Assigning the adequate number of employees working at the project site during the period of project execution to carry out supervision tasks under the provisions of this Decree. In case of failure to carry out the continuous supervision of equipment at the project site and the dredged material disposal location, it shall be compulsory to carry out the direct supervision on equipment while such equipment transports dredged materials for disposal; taking photos of holds storing dredged materials aboard means of transport in the beginning of receipt of dredged materials at the project site, upon completion of the receipt of dredged materials for transportation and disposal thereof, at the end of the journey to the disposal location and upon completion of disposal of dredged materials to move back to the project site (photos must show data about GPS coordinates and real time at the photo-taking time); timely delivering photos to the project developer for its monitoring and storage along with project completion documentation in accordance with regulations in force;

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k) Promptly reporting on performance, issues, difficulties or recommending appropriate actions to regulatory authorities; assuming legal liability and responsibilities to regulatory authorities for performance of the consulting body.

6. Roles and powers of the Chief Supervisor

a) Assuming the prime responsibility for supervision of workloads at the project site; assigning specific tasks and inspecting and expediting supervision tasks assigned to supervisors;

b) Reviewing the detailed construction method plan and guiding the contractor to make it more perfect before submission in accordance with regulations in force;

c) Proposing plans and carrying out regular inspections over supervision tasks. Requesting the temporary suspension in case equipment in use fails to meet prescribed requirements;

d) Preparing a review report on completion of project workloads; making a timely review report on completion of project workloads, recommending actions to be taken to deal with any difficulty arising from the process of project implementation; submitting in-process acceptance testing documentation to the head of the consulting body;

dd) Get involved in preparing acceptance testing documentation regarding technical issues, quantity and as-built dossiers regarding the final acceptance testing of the project;

e) Implementing responsibilities assumed by a Supervisor in case he/she directly participates in implementation of the project;

g) Bear legal liabilities for his/her supervision tasks during the project execution period.

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a) Carrying out the engineering supervision, ensuring that execution of the project conforms to engineering requirements, the prescribed process and design documentation;

b) Overseeing and confirming shipments of dredged materials;

c) Overseeing or preparing written documents stating authorized acceptance tests by using prescribed forms;

d) Creating the journal recording assigned supervision tasks; checking and giving certifying signatures on the construction journal in a timely manner during the construction period.

8. As for the maintenance dredging carried out in the form of the turnkey standard maintenance during a definite period, in addition to the supervision by the supervision consulting body, the project developer may hire a body providing measurement survey consulting services to check the compliance of the contractor with design standards.

Article 21. Project acceptance testing and commissioning

1. Vietnam Maritime Administration shall conduct the acceptance testing and commissioning of the completed project which is going to be brought into operation; the acceptance testing of public products or services in accordance with regulations on public marine navigation channels.

2. Vietnam Inland Waterway Administration shall conduct the acceptance testing and commissioning of the completed project which is going to be brought into operation in accordance with regulations on national inland navigation channels.

3. Departments of Transport shall conduct the acceptance testing and commissioning of the completed project which is going to be brought into operation in accordance with regulations on local inland navigation channels.

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5. Regional inland waterway authorities shall be authorized to cooperate with the supervision consulting body to check and oversee the measurement survey for acceptance testing of projects in the maintenance dredging of national inland navigation channels at the project site and conduct the acceptance testing of the measurement survey results; conduct the acceptance testing of environmental protection activities.

6. As for the maintenance dredging for maintenance of standards during a definite period, the project acceptance testing shall be carried out as follows:

a) Conducting the acceptance testing of completion of dredging and maintenance of design standards for the construction stage and of the dredging volume over periods of time (06 months or 01 year);

b) Conducting the acceptance testing of projects in the dredging for maintenance of design standards upon expiration of the duration of standard maintenance specified in contracts.

Article 22. Project payment and financial finalization

The Ministry of Finance shall provide detailed regulations on payment and financial finalization of the maintenance dredging of public marine navigation channels and inland navigation channels funded by the state budget.

Chapter IV

DREDGING OF SEAPORT WATER AND INLAND WATER AREAS UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORT AND PROVINCIAL PEOPLE’S COMMITTEE ASSOCIATED WITH COLLECTION OF PRODUCTS

Section 1: GENERAL PROVISIONS

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The dredging of seaport water and inland water areas associated with collection of products must be depicted in a written project and must follow the steps mentioned hereunder:

1. Preparing and declaring the list of areas to be dredged under the provisions of Section 2 of Chapter IV herein.

2. Preparing, evaluating and approving feasibility study reports for projects under the provisions of Section 3 of Chapter IV herein.

3. Selecting investors and signing project contracts under the provisions of Section 4 of Chapter IV herein.

4. Executing projects and handing over projects under the provisions of Section 5 of Chapter IV herein.

Article 24. Regulatory authorities having competence in executing projects

1. As for privately-invested projects for the dredging of national inland water areas, the Ministry of Transport shall authorize the provincial People’s Committee to exercise powers and responsibilities over tasks referred to in clause 2, 3 and 4 of Article 23 herein.

2. As for privately-invested projects for the dredging of local inland water areas, the provincial People’s Committee shall exercise powers and responsibilities over tasks referred to in Article 23 herein.

3. As for privately-invested projects for the dredging of seaport water areas, based on the functions, duties and powers and specific management conditions, the Ministry of Transport shall authorize the Vietnam Maritime Administration to perform several or all of tasks referred to in Article 23 herein.

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5. Competent authorities, mandated or authorized bodies referred to in this Article shall be held responsible for executing and managing projects in accordance with regulations in force.

Article 25. Costs incurred from investment preparations and project execution

1. Costs incurred from investment preparations and project execution shall include:

a) Costs of formulation, assessment and approval of feasibility study reports for projects;

b) Costs of formulation, assessment and approval of environmental impact assessment reports;

c) Costs of selection of investors;

d) Overheads of competent authorities, representatives of competent authorities and project management agencies; costs of supervision of projects and project quality;

dd) Project announcement costs;

e) Costs of hiring of consulting bodies giving support to certain operations within the scope of responsibilities of project management agencies;

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h) Other costs.

2. Costs referred to in points a, b and c of clause 1 of this Article shall be covered by using the following funding sources:

a) Annual state budget allocations granted to the Ministry of Transport or local jurisdictions;

b) Proceeds from sale of invitations for bid for participation in selection of investors;

c) Payments made by the investor selected to execute the project;

d) Other legitimate funds.

3. Costs referred to in points d, dd, e and g of clause 1 of this Article shall be derived from state budget allocations in the plan for state budget expenditures and capital investment funding sources of ministries, sectoral administrations and provincial People's Committees.

Section 2: PREPARATION AND DECLARATION OF THE LIST OF AREAS TO BE DREDGED

Article 26. Preparation of the list of areas to be dredged

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As for seaport water areas: Annually, the Ministry of Transport shall preside over initially preparing, revising and supplementing the list of areas to be dredged.

2. As for local inland navigation channels: Annually, the provincial People's Committee shall preside over initially preparing, revising or supplementing the list of areas to be dredged.

3. The list of areas to be dredged must include the following main contents:

a) Name of the dredging site and location;

b) Summary of main technical specifications and design standards of areas to be dredged;

c) Project execution duration.

Article 27. Announcement of the list of areas to be dredged

1. Within the duration of 07 working days from the date of approval of the list of areas to be dredged, the Ministry of Transport, provincial People’s Committees and maritime and inland waterway administrations shall publish the list of areas to be dredged on their websites in accordance with regulations in force. The list of areas to be dredged which is published must include the main contents specified in clause 3 of Article 26 herein.

2. If the list of areas to be dredged is revised, supplemented or changed, the Ministry of Transport, provincial People’s Committees and maritime and inland waterway authorities shall publish the updated version of the list on their websites.

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Article 28. Responsibilities for formulation of feasibility study reports

1. Provincial Departments of Transport shall undertake the formulation of feasibility study reports for privately-invested projects in the dredging of national or local inland navigation channels as a basis for formulating invitations to bid for selection of investors and negotiation of project execution contracts and submit them to provincial People’s Committees.

2. Vietnam Maritime Administration shall undertake the formulation of feasibility study reports for privately-invested projects in the dredging of seaport water areas as a basis for formulating invitations to bid for selection of investors and negotiation of project execution contracts and submit them to the Ministry of Transport.

Article 29. Contents of feasibility study reports

Feasibility study reports shall contain the following subject matters:

1. Detailed analysis of necessity of investment and advantages in execution of projects in comparison with other investment forms; project execution contract types.

2. Assessment of conformity of projects with plans and schemes for economic and social development of industries and local jurisdictions.

3. Objectives, scale and location of the project; dredging volume; purposes and demands for use of products collected from the dredging operation.

4. Progress, duration of project execution; time of formulation and operation of the project; management, construction methods, construction means and disposal sites with respect to uncollected products.

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6. General plan for compensation and site clearance (if any).

7. Dredging funds (including the fund used for repayment to the State budget allocations for implementation of tasks specified in points a, b and c of clause 1 of Article 25 herein); value of collected products; method of payment of the difference between the dredging fund and value of collected products.

8. Other costs, including taxes, fees and charges for grant of the mining right associated with projects.

9. Capability of mobilization of capital for execution of projects.

10. Analysis of risks and liabilities of involved parties regarding the management of risks arising from project execution activities.

11. Recommendations about incentives or professional support (if any).

12. Economic – social efficiency and impacts of projects on environment and society.

Article 30. Evaluation of the body evaluating feasibility study reports

1. Provincial People’s Committees shall undertake the evaluation of feasibility study reports for privately-invested projects in the dredging of national inland navigation channels and privately-invested projects in the dredging of local inland navigation channels in accordance with regulations in force.

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Article 31. Approval of feasibility study reports

The Ministry of Transport and provincial People’s Committees shall grant the approval of feasibility study reports for projects immediately after completion of the evaluation in accordance with Article 30 herein.

Article 32. Revision of feasibility study reports

1. Feasibility study reports may be revised:

a) If a project is affected by natural disasters or other force majeure events;

b) If elements bringing about higher efficiency for the project appear;

c) If project scale or design is modified;

d) If changes in the planning directly affect objectives, location and scale of the project;

dd) If investors are not selected after the procurement is held for selection of investors;

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g) Subject to other relevant regulations.

2. Procedures for assessment, approval and revision of feasibility study reports shall be subject to Article 30 and 31 herein.

Section 4: SELECTION OF INVESTORS AND CONCLUSION OF PROJECT EXECUTION CONTRACTS

Article 33. Selection of investors

1. Competent regulatory authorities referred to in Article 24 hereof undertakes the selection of investors in a competitive bidding form in accordance with legislative regulations on bidding.

2. Requirements and procedures for selection of investors and grant of incentives to investors during the bidding and contractor selection process shall be subject to legislation on bidding.

3. In case where the selection of the investor for execution of the project is failed, the Ministry of Transport and the provincial People’s Committee shall, within the scope of their authority, refer to the extent of necessity of each project to give state budget allocations for execution of such project, and shall consult implementation processes and procedures under the provisions of Chapter III herein.

Article 34. Conclusion of project execution contracts

Competent regulatory authorities referred to in Article 24 hereof shall negotiate for conclusion of the project execution contract with the winning bidder.

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1. A project execution contract shall be required to contain the following information:

a) Information about contracting parties;

b) Objectives, scale, location, duration and progress of project execution;

c) Technical specifications and quality of the project;

d) Financing for dredging operations and value of collected product; contract payment value; funding adjustment and value of collected product;

dd) Handover of the construction site, compensation payment, site clearance (if any);

e) Construction works, checking, supervision and management of quality, acceptance testing and fulfillment of all financial obligations arising in the project;

g) Project transfer;

h) Contract performance guarantee;

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k) Handling of violations arising from project execution; breach of contract penalties;

l) Force majeure and resolution principles;

m) Investment preference and guarantee form (if any);

n) Complaints and resolution of contractual disputes;

o) Contract validity and duration; contract closeout;

p) Other contents as agreed upon between contracting parties.

2. Documents attached in the project execution contract shall include appendices, other materials and papers which form an integral part of the project execution contract.

3. The Ministry of Transport shall provide detailed instructions for contents of privately-invested projects in the dredging of seaport water and inland water areas.

4. The Ministry of Finance shall provide detailed instructions for use of breach of contract penalty amounts.

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The project execution contract shall be subject to revision or supplementation due to any change in scale, technical standards and total investment which have been agreed upon in the contract, or due to force majeure or adjustment in the feasibility study report under the provisions of Article 32 herein, and in other cases specified in the contract.

Article 37. Duration of project execution contract

1. The duration of project execution contract shall be agreed upon between parties according to the scale and nature of the project and based on the approved feasibility study report.

2. The project execution contract shall be terminated in the cases specified in Article 422 of the 2015 Civil Code.

Article 38. Contract performance security

Competent regulatory authorities referred to in Article 24 hereof shall regulate forms, value and validity period of a contract performance guarantee under the laws on bidding.

Section 5: PROJECT EXECUTION AND PROJECT HANDOVER

Article 39. Requirements for project execution and selection of the project executing contractor

1. The project shall be executed upon conclusion of the contract and strictly conform to procedures concerning environment, mining and others in accordance with regulations in force.

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Article 40. Preparation of construction design

1. Based on the feasibility study report which has been approved and regulated in the project execution contract, the investor shall prepared a construction drawing for submission to a competent regulatory authority as per Article 24 hereof to seek its consent prior to approval and submit the approved one for supervisory and checking purposes. In order to make any change in the construction drawing that may affect the scale, technical specifications and progress of project execution, the written approval must be granted by the competent regulatory authority.

2. Formulation, review and approval of the construction drawing shall be subject to laws on construction.

Article 41. Contract performance surveillance

1. The investor shall be responsible for the quality and progress of implementation of the project; selection of the independent consultant carrying out the supervision, acceptance testing of project items and the entire project according to the construction design and approach specified in the project execution contract; approval of the results of selection of consultants performing supervisory tasks after obtaining agreements from competent regulatory authorities.

2. Competent regulatory authorities shall undertake the supervision of the investor’s compliance with obligations under terms and conditions of the contract and provisions laid down herein. Where necessary, the competent regulatory authority shall undertake the selection of the consultant having full competence in supporting supervision of contract execution.

3. Financing for provision of consultancy for supervision and support for supervision as prescribed in clause 1 and clause 2 of this Article shall be included in total investment capital and transferred by the investor to the competent regulatory authority’s account in order to pay to the body providing supervision and supervision support consulting services.

4. The Ministry of Finance shall provide specific guidance on clause 3 of this Article.

Article 42. Project handover

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2. Responsibilities for conducting the acceptance testing and handover of the project:

a) Provincial People’s Committees shall be responsible for carrying out the acceptance testing of the results of execution of the project and receive the handover of the project from the investor; fulfilling financial obligations agreed upon in the contract; closing the project execution contract with respect to privately-invested projects in the dredging of national inland water areas, privately-invested projects in the dredging of local inland water areas and handing over completed projects to the Vietnam Inland Waterway Administration for management and operation thereof.

b) Vietnam Maritime Administration shall, according to its delegated authority, assume responsibility for conducting the acceptance testing of the results of execution of privately-invested projects in the dredging of seaport water areas and receiving the handover thereof from the investor; fulfilling financial obligations agreed upon in the project execution contract; closing the project execution contract.

3. Upon receipt of the project, the Vietnam Maritime Administration and Vietnam Inland Waterway Administration shall undertake the management and operation of the projects with the scope of their respective functions and powers.

Chapter V

STATE MANAGAMENT RESPONSIBILITIES

Article 43. Responsibilities of the Ministry of Transport

1. The Ministry of Transport shall provide guidance and undertake the state specialized management of dredging operations within seaport water and inland water areas in accordance with regulations in force.

2. As for the maintenance dredging of public ocean shipping channels and inland waterway shipping channels funded by state budget allocations:

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b) Presiding over and cooperating with the Ministry of Construction, the Ministry of Finance and the provincial People’s Committees of provinces and cities in formulating and issuing the limit and unit price of receipt and disposal of dredged materials at shore dumping locations;

c) Carrying out the inspection, examination and handling of violations under laws.

3. As for the dredging of seaport water and inland water areas in combination with collection of products:

a) Cooperating with the Ministry of Finance in using funds derived from the selected investor’s payments; using contract-related award and penalty amounts with respect to projects for dredging and product collection.

b) Presiding over and cooperating with provincial People’s Committees in promptly dealing with difficulties and problems likely to arise during the project execution period.

4. The Ministry of Transport shall be responsible for consolidating and providing volumes of dredged products expected to be collected nationwide in order to serve the demands of earthfilling of coastal areas affected by erosion, reclamation and climate change prevention projects (if any) of the Ministry of Agriculture and Rural Development.

5. Reviewing and completing technical standards, regulations and technical-economic norms relating to design standards and tasks of projects in the dredging of seaport water and inland water areas.

Article 44. Responsibilities of the Ministry of Finance

1. Giving annual state budget allocations for the maintenance dredging of public marine navigation channels and inland navigation channels (including information infrastructure for oversight of state management) upon the request of the Ministry of Transport.

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Article 45. Responsibilities of the Ministry of Natural Resources and Environment

Commanding its affiliates to comply with regulations on environmental protection with respect to the maintenance dredging of public marine navigation channels and national inland navigation channels in accordance with provisions laid down herein.

Article 46. Responsibilities of the Ministry of Construction

Presiding over the formulation of plans, standards and requirements necessary to enable the use of dredged products for earthfilling and construction purposes.

Article 47. Responsibilities of the provincial People’s Committees

1. Based on their delegated functions, duties and powers, implementing legislative regulations on environment with respect to dredging operations.

2. Ahead of January 30 each year, publicly informing shore and offshore disposal locations within their jurisdiction.

3. Performing tasks delegated by the Ministry of Transport with respect to privately-invested projects in the dredging of national inland water areas.

4. Cooperating with the Ministry of Transport in the inspection and supervision of dredging operations.

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6. Providing guidance on prescribed procedures and granting registration of products collected from projects in the dredging of seaport water and inland water areas in combination with collection of products.

7. Managing and using dredged materials disposed of ashore in accordance with regulations in force.

Chapter VI

IMPLEMENTARY PROVISIONS

Article 48. Entry into force

1. This Decree shall be in effect on January 11, 2019.

2. The maintenance dredging carried out in the form of the turnkey standard maintenance during a definite period shall commence in 2020.

3. Revision and supplementation of clause 2 of Article 32 in the Government’s Decree No. 43/2018/ND-CP dated March 12, 2018 prescribing the management, use and operation of maritime infrastructure assets as follows: “2. Contents of Article 28, 29, 30, 31, 32, 33, 34, 35 and 36 in the Government's Decree No. 58/2017/ND-CP dated May 10, 2017 elaborating on certain articles of the Maritime Code of Vietnam on management of maritime operations shall become invalid from the entry into force of this Decree”.

Article 49. Transitional provisions

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2. As for privately-invested projects in the dredging of seaport water and inland water areas, if investors or documentation of application for execution of these projects have been approved by competent authorities under regulations in force before the entry into force of this Decree, the Ministry of Transport and provincial People’s Committees shall review requirements concerning planning, technical standards, environment, safety, prevention, control of erosion, landslide of navigation lanes or channels, and take responsibility for issuing the decision on approval of continuation of execution of these projects; and take following steps under the provisions of this Decree.

Article 50. Implementation

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Chairpersons of People’s Committees of provinces and centrally-affiliated cities and other organizations and individuals involved, shall be responsible for implementing this Decision./.

PP. GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc