Circular 70/2014/TT-BGTVT inland waterway management

• Official number: 70/2014/TT-BGTVT
• Legislation Type: Circular
• Organization: The Ministry of Transportation and Communications
• Signer: Dinh La Thang
• Issued Date: 05/12/2014

MINISTRY OF TRANSPORT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 70/2014/TT-BGTVT	Hanoi, December 05, 2014

CIRCULAR

ON INLAND WATERWAY MANAGEMENT

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and the Law on amendments to a number of articles of the Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Government’s Decree No.21/2005/ND-CP dated March 01, 2005 detailing the implementation of a number of articles of the Law on Inland Waterway Navigation;

Pursuant to the Government’s Decree No.107/2012/ND-CP defining functions, rights and responsibilities and organizational structure of the Ministry of Transport dated December 12, 2012;

At request of the Directors of the Department of Transport Infrastructure and Vietnam Inland Waterway Administration,

The Minister of Transport hereby issues this Circular specifying provision on inland waterway management.

Chapter I

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Article 1. Scope

This Circular specifies provisions on classification of inland waterways, the power to announce the opening and closure of navigation channels or routes; scope of inland waterway corridors and navigation marks, construction projects in connection to inland waterway traffic (hereinafter referred to as “project”), restriction on inland waterway traffic, traffic safety measures and publishing of navigation channels.

Article 2. Regulated entities

This Circular applies to entities engaging in inland waterway management.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows:

1. Navigational channel refers to a limited section of waters which is determined by maritime signaling systems to ensure safety for operations of ships and other watercraft.

2. Corridor refers to a section of waters or land strips where navigation signs and signals are located along both sides of a navigation channel.

3. Navigation channel announcement refers to the publishing of channel technical specifications in respect of the depth, elevation, navigation spans by water level and other aspects affecting traffic safety.

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5. Maximum water level and minimum water level refer to the highest and lowest water level measured at a gauging station on an inland waterway.

6. Navigation channel depth refers to the actual depth of a navigation channel measured at a specific point on an inland waterway in a specific time.

7. Actual clearance height refers to the distance between the lowest points of a construction works on inland waterways to the water surface within a navigation span at specific time.

8. Maximum depth and minimum depth refer to the actual depth measured at a specific point corresponding to the maximum and minimum water level on an inland waterway.

9. Navigation channel width refers to the minimum width of a navigation bottom actually measured at a specific point on an inland waterway.

10. Channel length refers to the distance between two end points of the navigational channel.

11. Inland water route refers to either one or more navigational channels on rivers lakes, lagoons, bay, islands, etc. The length of each inland water route is the distance between two end points of the route.

12. Inland water authority refers to subordinates to the Vietnam Inland Waterway Administration.

Chapter II

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Article 4. Classification of inland waterways

1. Inland waterways are classified into national, regional and specialized inland waterways. To be specific:

2. National inland waterways refers to those that connecting to economic and culture centers, focal traffic infrastructures for economy or national defense and security; or those serving cross-border transport.

3. Local inland waterway refers to those within the administration of a province or centrally-affiliated cities for socio-economic development.

4. Specialized inland waterways refer to those connecting to ports, specialized inland wharves, national inland waterways or local inland waterways for the purpose of transport.

Article 5. The power to classify inland waterways by its engineering and make adjustments to classification

1. Upon request of Director of the Vietnam Inland Waterway Administration, the Minister of Transport has the power to classify inland waterway and make adjustments to classification of:

a) National inland waterways;

b) Specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways.

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a) Local inland waterways; and

b) Specialized inland waterways connecting to local inland waterways.

Article 6. The power to classify inland waterways by its engineering and make adjustments to classification

1. Technical classification of inland waterways shall be made in accordance with Vietnam’s Standards TCVN 5664:2009 “technical classification of inland waterways) prescribed in the Decision No.3082/QD-KHCN dated January 01, 2009 by the Ministry of Science and Technology. Inland waterways shall be classified in to special class and class I through VI.

2. Upon request of Director of the Vietnam Inland Waterway Administration, the Minister of Transport has the power to classify inland waterways and make adjustments to classification of:

a) National inland waterways;

b) Specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways.

3. Upon request of the Department of Construction, the Presidents of People’s Committees of provinces shall decide to classify and make adjustments to classification of:

a) Local inland waterways; and

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Chapter III

ANNOUNCEMENT OF OPENNING AND CLOSURE OF NAVIGATION CHANNELS AND ROUTES

Article 7. Announcement of closure of navigation channels and routes

1. Only the competent authority that has the power to operate navigation channels and routes has the right to make announcement of opening of a navigation channel/route.

2. The announcement of opening of navigation channels/routes includes:

a) Name of water body (endpoints);

b) Inland waterway class;

c) Location, length and class of inland water routes and navigation channel;

d) Date of operation

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Article 8. Application for announcement of opening of navigation channels/ routes

1. For new projects or projects for renovation of navigation channels/routes, the application includes:

a) An original application form for opening of the navigation channel/route made using form in Annex 1 attached hereto. The application form shall specify type and class of inland waterway required to open, the length of navigation channel/route, technical classification, date of operation;

b) A certified true copy of the Decision on project approval;

c) Copies of construction drawings;

c) Copies of as-built documents

dd) An original acceptance record.

2. For navigation channels/routes that are re-opened or those where no project is expected to located, the application includes:

a) An original application form for opening of navigation channel/route made using the form in Annex 01 hereof;

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Article 9. Procedures for announcement of opening of navigation channels and routes

1. For national inland waterways:

a) The Vietnam Inland Waterway Administration shall submit an application as stipulated in clause 1, Article 8 hereof to the Ministry of Transport;

b) Within 05 working days from the date of receipt of valid application, the Department of Transport shall publicly make an announcement of opening of the navigation channel/route.

2. For local inland waterways:

a) The department of Construction shall submit an application as stipulated in clause 1, Article 8 hereof to the People’s Committee of the province;

b) Within 05 working days from the date of receipt of valid application, the President of the People’s Committee of the province shall publicly make an announcement of opening of the navigation channel/route.

3. For specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways:

a) The entity having specialized inland waterways shall submit an application as stipulated in clause 1 of Article 8 to the Vietnam Inland Waterway Administration directly or by post;

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c) Within 05 working days from the date of receipt of the valid application, the Vietnam Inland Waterway Administration shall submit a verification report to the Ministry of Transport;

d) Within 05 working days from the date of receipt of the valid application transferred by the Vietnam Inland Waterway Administration, the Ministry of Transport shall consider opening the navigation channel/route;

4. For specialized inland waterways connecting to local inland waterways:

a) The entity having specialized inland waterways shall submit an application as stipulated in clause 1 of Article 8 to the Department of Transport directly or by post;

b) The application shall be submitted to the Department of Transport. If the application is incomplete, the Department of Transport shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

c) Within 05 working days from the date of receipt of the valid application, the Department of Transport shall request the people's Committee of the province to consider opening the specialized channel/route;

d) Within 05 working days from the date of receipt of the valid application transferred by the Department of Transport, the people's Committee of the province shall consider opening the specialized channel/route;

Article 10. Announcement of closure of navigation channels and routes

1. The navigation channel/ route shall be closed if it:

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b) It serves the purpose of national defense and security;

c) Demand for transport by specialized channel or route no longer exists.

2. The announcement of closure of specialized channels and routes shall include:

a) Reason for closing;

c) Location, length and class of inland water routes and navigation channel;

c) Date of closing

Article 11. Application for closure of navigation channels and routes

1. An original application form for closure of navigation channel/route made using the form in Annex 01 hereof;

2. A record of assessment of navigation channel or route made by the local inland waterway authority or Department of Transport and supervisory authority.

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Article 12. Procedures for closure of navigation channels and routes

1. For specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways:

a) The entity having specialized inland waterways shall submit an application as stipulated in Article 11 hereof to the Vietnam Inland Waterway Administration directly or by post;

b) The application shall be submitted to the Vietnam Inland Waterway Administration. If the application is incomplete, the Vietnam Inland Waterway Administration shall request the applicant to complete the application within 02 working days;

c) Within 05 working days from the date of receipt of the valid application transferred by the Vietnam Inland Waterway Administration, the Ministry of Transport shall consider closing the navigation channel/route;

2. For specialized inland waterways connecting to local inland waterways:

a) The entity having specialized inland waterways shall submit an application as stipulated in Article 11 hereof to the Department of Transport directly or by post;

b) The Department of Transport shall verify the application. If the application is incomplete, the Department of Transport shall request the applicant to complete the application within 02 working days;

c) Within 05 working days from the date of receipt of the valid application transferred by the Department of Transport, the people's Committee of the province shall consider closing the specialized channel/route;

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INLAND WATERWAY CORRIDORS AND NAVIGATION MARKS

Article 13. Inland waterway corridors

1. The inland waterway corridor shall be determined in accordance with Article 3 of the Government’s Decree No.21/2005/ND-CP dated March 01, 2005.

Where the navigation channel is far away banks as stipulated in point a, clause 1, Article 3 of the Decree No.21/2005/ND-CP, the inland waterway corridor shall be determined by inland waterway technical class as follows:

a) For inland waterways on lakes, bays, river estuaries, inshore inland waterways, special class inland waterways: exceeding 20 meters to 25 meters;

b) For class I and class II inland waterways: exceeding 15 meters to 20 meters;

c) For class III and class IV inland waterways: exceeding 10 meters to 15 meters;

d) For class V and class VI inland waterways: 10 meters;

2. For routes under approved planning, their inland waterway corridors shall be determined according to inland waterways technical class.

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The determination of inland waterways and navigation marking shall be considered as a compulsory project item.

Article 14. Navigation marks and adjustments to navigation marks

1. Construction works shall be identified and marked within the jurisdiction stipulated in Article 16 hereof.

2. Marked construction works shall be numbered and be marked with symbols on the inland waterway route map.

3. After being set up, navigation marks shall be managed by the People’s Committees of communes. Navigation mark specifications and standard distance shall conform to Annex 2 enclosed herewith.

4. Navigation marks may be adjusted according to the reality of navigation channel and scope of protection of navigation infrastructures.

Article 15. Responsibilities for setting up and adjusting navigation marks

1. The Vietnam Inland Waterway Administration shall:

a) Provide guidance on scope of protection, marking and navigation mark adjustments within the administration;

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c) Cooperate to inspect and expedite to identify inland waterway corridor and set up boundary marks on local inland waterways.

2. Every People’s Committee of provinces shall:

a) Provide guidance on scope of protection, marking and adjustments to navigation marks within the administration;

b) Direct disciplinary regulatory authorities and People’s Committees of provinces to cooperate with the Vietnam Inland Waterway Administration carry out survey, set up and adjust navigation marks on specialized inland waterways and national inland waterways.

3. Specialized inland waterway authorities shall cooperate with the Department of Transport determine inland waterway corridors, set up, manage and protect navigation marks within the administration according to Directives of the professional regulatory authority.

4. Investors of projects for construction, renovation or opening of new channels/routes, when transferring as-built channels/routes to local inland waterway authorities, shall also transfer all documents related to site clearance, scope of projection and navigation marks.

Chapter V

CONSTRUCTION PROJECTS IN RELATION TO INLAND WATERWAY TRAFFIC

Article 16. Projects related to inland waterway traffic

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2. Projects related to Inland waterway transport include:

a) temporary and permanent bridges, wharves, docks, ferries, inland wharves, wind power plants, thermopower plants, floating and submarine construction works;

b) Submarine and overhead lines and pipelines (crossing navigation channels);

c) Embankments, dams, hydropower construction works, irrigation works and regulation works (except for flood control works, levees)

d) Fishing ports, ports or berths for national defense and security;

dd) Dredging (except for annual dredging of inland waterways and dredging for traffic purpose and full exploitation);

e) Resource exploitation;

g) Salvage or clearance of obstacles;

Article 17. Authorities having the power to give opinions of inland waterway traffic-related projects and approval for traffic safety measures

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a) The Ministry of Transport has the power to give opinions about projects for national defense and security purposes located on national inland waterways;

b) People’s Committees of provinces have the power to give opinions about projects for local defense and security located on national inland waterways

c) The Vietnam Inland Waterway Administration has the power to give opinions about projects located on national inland waterways other than those in point a, clause 1 of this Article; specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways;

d) The Departments of Transport have the power to give opinions about construction projects located on local inland waterways other than those stipulated in point b of this clause; and specialized inland waterways connecting to local inland waterways.

2. The power to approve traffic safety measures is as follows:

a) The Vietnam Inland Waterway Administration has the power to approve traffic safety measures of projects serving the purpose of national defense and security located on national inland waterways;

b) The local inland waterway authority has the power to approve traffic safety measures of construction projects located on national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways except for those prescribed in point a clause 2 of this Article.

c) The Department of Transport has the power to approve traffic safety measures of construction projects located on local inland waterways and specialized inland waterways connecting to local inland waterways.

Article 18. Application for opinons on inland waterway traffic-related projects

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1. An application form which specifies the location, scale and main structure of the project and hydrology made using the form Annex 03 hereof.

2. A topographical map which specifies elevation profiles or a map which presents the location of the projects and its elevation on the national coordination.

3. Attached documents as follows:

a) For temporary and permanent bridges: data on navigation span (location, aperture, span, clearance height) and longitudinal cross-section of the construction works;

b) For swing bridges, vertical-lift bridges, pontoon bridges, locks: a description of construction methods and applicable technologies, expected anchorage waters;

c) For overhead and submarine lines and pipelines: drawings and navigation span data, the lowest of the line/pipeline;

d) For submarine works: a drawing which species the dimension and elevation of the submarine works;

dd) For ferries: a drawing which specifies the location and dimension of both banks, auxiliary works and operating waters;

e) For fishing ports and ports for national security and defense purposes: A site plan which specifies dimension and structure of wharves, auxiliary works and operating waters;

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h) For resource exploitation A topographic maps, horizontal cross-section profiles and marking location for dredging and exploitation.

Article 19. Process of giving opinions on construction projects related to inland waterway traffic

1. With respect to projects for national defense and security purposes located on national inland waterways:

a) The application prescribed in Article 18 hereof shall be submitted to the Vietnam Inland Waterway Administration. If the application is incomplete, within 02 working days, the Vietnam Inland Waterway Administration shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

c) Within 05 working days from the date of receipt of valid application, the Vietnam Inland Waterway Administration shall submit a verification report to and request the Ministry of Transport to give opinions in writing.

c) Within 05 working days from the date of receipt of valid application transferred by the Vietnam Inland Waterway Administration, the Ministry of Transport shall give opinions in writing.

2. With respect to projects for national defense and security purpose located on local inland waterways:

a) The application prescribed in Article 18 hereof shall be submitted to the Department of Transport. If the application is incomplete, within 02 working days, the Department of Transport shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

b) Within 05 working days from the date of receipt of the valid application, the Department of Transport shall submit a verification report to and request the People’s Committee of the province to give opinions in writing;

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3. With respect to construction works on national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways:

a) The application prescribed in Article 18 hereof shall be submitted to the Vietnam Inland Waterway Administration. If the application is incomplete, within 02 working days, the Vietnam Inland Waterway Administration shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

b) Within 05 working days from the date of receipt of valid application, the Vietnam Inland Waterway Administration shall give opinions in writing. Where an extra time is needed, the Vietnam Inland Waterway Administration shall inform the applicant in writing therein the reasons shall be specified.

4. With respect to construction works on local inland waterways and specialized inland waterways connecting to local inland waterways:

a) The application prescribed in Article 18 hereof shall be submitted to the Department of Transport. If the application is incomplete, within 02 working days, the Department of Transport shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

b) Within 05 working days from the date of receipt of valid application, the Department of Transport shall give opinions in writing. Where an extra time is required, the Vietnam Inland Waterway Administration shall inform the applicant in writing in which reasons shall be specified.

Article 20. Application for approval for traffic safety measures

Before carrying out projects specified in clause 2, Article 16 hereof, the investor or construction contractor shall submit an application for approval for traffic safety measures to the competent authority stipulated in Article 21 hereof directly or by post. The application includes:

1. An application form for approval for traffic safety measures made using the form in Annex 3 attached hereto.

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3. Traffic safety measures applicable to the construction area including:

a) A description of the traffic safety measures;

b) A layout plan which specifies the arrangement of traffic signs, traffic control stations and means of traffic control;

c) Personnel;

d) Regulation on construction site access;

dd) Date of application of traffic safety measures

4. In case of adjustments to traffic safety measures other than those prescribed in clauses 2 and 3 of this Article, reasons for adjustments are required.

Article 21. Process of approval for traffic safety measures

1. With respect to national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways:

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b) Within 05 working days from the date of receipt, the competent authority in point a and b, clause 2, Article 17 hereof shall consider approving in writing. In case of rejection or where an extra time is required, the competent authority specified in point a and b, clause 12, Article 17 hereof shall inform the applicant in writing which specifies reasons and amount of extra time required.

c) The investor or construction contractor and competent authority in point a and b, clause 2, Article 17 hereof shall specifies the waters and current conditions of navigation channels within the construction site;

d) Investors or construction contractors shall apply approved traffic safety measures during the construction. In case of adjustments to construction and operation methods, the investor or construction contractor shall submit an application for adjustment to traffic safety measures to the competent authority specified in point a and b, clause Article 17.

dd) The application for traffic safety measures prescribed Article 20 hereof shall be submitted to the competent authority mentioned in point a and b clases 2 Article 17 hereof. If the application is incomplete, within 02 working days, the competent authority shall instruct the applicant to complete the application . Where the application is submitted by post, a written instruction is required; Within 05 working days from the date of receipt, the competent authority in point a and b, clause 2, Article 17 hereof shall consider approving in writing. In case of rejection or where an extra time is required, the competent authority specifies in point a and b, clause 2, Article 17 hereof shall inform the applicant in writing which specifies reasons and amount of extra time required.

2. With respect to local inland waterways and specialized inland waterways connecting to local inland waterways.

a) The application prescribed in clauses 1, 2 and 3 Article 20 hereof shall be submitted to the Department of Transport. If the application is incomplete, within 02 working days, the Department of Transport shall request the applicant to complete the application. Where the application is submitted by post, a written request is required;

b) Within 05 working days from the date of receipt of valid application, the Department of Transport shall consider approving in writing. In case of rejection or where an extratime is required, the Department of Transport shall inform the applicant in writing in which reasons shall be specified.

c) The investor or construction contractor and competent authority shall specify the waters and current conditions of navigation channels within the construction site;

d) Investors or construction contractors shall apply all aprroved traffic safety measures during the construction. In case of adjustments to construction methods, the investor or construction contractor shall submit an application for adjustment to traffic safety measures to the Department of Transport.

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Article 22. Project operation

1. Within 30 days from the date of completion of the projects specified in clause 2, Article 16 hereof, the investor or construction contractor shall:

a) Install navigation signs and symbols under regulation of laws;

b) Remove obstacles and objects produced from construction inside and outside the construction site

c) Transfer navigation channels and inland waterway corridors to the local inland waterway authority in case of national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways or the Department of Transport in case of local inland waterways and specialized inland waterways connecting to local inland waterways.

2. Documents required for transfer of navigation channels and corridors as stipulated in point c, clause 1 of this Article:

a) A record of inspection of the construction site by the investor or construction contractor and local inland waterway authority or Department of Transport;

b) A record of installation of navigation signs and symbols made by the local inland waterway authority or Department of Transport and investor or contractor

c) A transfer record by the investor or construction contractor and inland waterway authority or Department of Transport;

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3. Inland waterway authorities or the Departments of Transport shall inspect, expedite and instruct investors or construction contractors to comply with clauses 1 and 2 of this Article within the administration.

4. Owners or owner’s representatives of irrigation works and hydropower plants shall send local inland waterway authority a prior notice of water discharge.

5. Investors or construction contractors who fail to comply with clauses 1 and 2 of this Article shall be responsible for consequences related to traffic safety within the administration.

Chapter VI

NAVIGATION RESTRICTION AND TRAFFIC SAFETY MEASURES

Article 23. Navigation restriction

Cases subject to restriction are prescribed in clause 1, Article 21 of the Law on inland waterway navigation.

Article 24. The power to impose restrictions

Otherwise clause 1, Article 25 hereof, the power to impose navigation restriction is as follows:

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2. Upon request of the Department of Transport, the People’s Committee of provinces has the power to impose navigation restriction on local inland waterways for national defense and security purpose.

3. The Vietnam Inland Waterway Administration has the power to impose navigation restriction on national inland waterways; specialized inland waterways connecting to national waterways, specialized inland waterways passing through at least two provinces or specialized waterways linking national inland waterways with local inland waterways (in case of absolute restriction for 24 consecutive hours or more) other than those prescribed in clause 1 of this Article.

4. The local inland water way authority has the power to impose navigation restriction on inland waterways other than those prescribed in clauses 1 and 3 of this Article within their administration

5. The Department of Transport has the power to impose navigation restriction on local inland waterways and specialized inland waterways connecting to local inland waterways other than those in clause 2 of this Article.

Article 25. Process for imposing navigation restriction on inland waterways

1. In case of construction:

a) Prior to construction, the applicant shall submit an application for navigation restriction as prescribed in Article 20 hereof to the competent authority directly or by post. If the application is incomplete, within 02 working days, the competent authority shall instruct the applicant to complete the application;

b) Within 05 working days from the date of receipt of valid application, the competent authority prescribed in clause 2, Article 17 hereof shall consider imposing navigation restriction.

2. In case navigation restriction is required for national defense and security purpose, the applicant shall submit an application to the competent authority prescribed clause 1 and 2, Article 24 hereof.

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- A description of the traffic safety measure;

- A layout plan which specifies the arrangement of traffic signs, traffic control stations and means of traffic control;

- Personnel;

- A Regulation on traffic movement or traffic flow

- Date and duration of restriction

b) The Vietnam Inland Waterway Administration shall receive applications, assess traffic safety measures and request the Ministry of Transport to consider announcing navigation restriction

c) The Department of Transport shall receive applications, assess traffic safety measures and request the People’s Committee of the province to consider announcing navigation restriction.

3. Where festivals or sport events take place

a) The applicant shall submit relevant legal documents and an application for navigation restriction which specifies the location, date, scope and scale of the event to the competent authority stipulated in Article 24 hereof.

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4. In case of unexpected obstacles; flood control, Act of God and salvage, the power to impose navigation restriction shall conform to Article 24 hereof. The competent authority shall consider adopting appropriate traffic safety measures and imposing traffic restriction according to the reality.

5. Construction contractors or entities wishing to holding events in clauses 2, 3 and 4 hereof shall pay all expenses for traffic restriction announcement and traffic safety measure implementation, except for obstacles for which the person taking resonsibilities is unidentified.

Article 26. Traffic safety measures

1. Traffic safety shall be ensured by the following measures:

a) By using navigation signals within a scope of not exceeding a third of the width of the navigation channel.

b) By using navigation control station and navigation signals a scope of exceeding a third of the width of the navigation channel.

2. The competent authority shall consider imposing navigation restriction and selecting traffic safety measures under clause 1 of this Article.

Chapter VII

NAVIGATION CHANNEL ANNOUNCEMENT

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1. Regular announcement refers to the announcement of technical specifications of existing water bodies, water level and hydrology as the moment of announcement, limitations and notice of navigation that are made once every month.

2. Surprise announcement refers to the announcement of unexpected occurrences on navigation channels/routes that may be timely and accurately made in writing or via means of mass media or both.

Article 28. Contents of navigation channel announcement

1. The announcement includes:

a) Technical standards by inland waterway technical class, depth of navigation channel and width of Scarborough by hydrological water level;

b) Notice of traffic safety when travelling on navigation channels under restriction (Scarborough, obstacles, overbridges, construction sites, channel dredging works, control station, etc.) and relevant issues.

2. The surprise announcement includes navigation restriction, changes in shipping routes, navigation span and obstacles.

Article 29. The power to make navigation channel announcement

1. The Vietnam Inland Waterway Administration has the power to make regular announcement within the administration using the form in Annex 4 attached hereto.

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3. The Department of Transport has the power to make both regular and surprise announcement within the administration using the form in Annex 4 and 5 attached hereto.

4. Heads of inland waterway authorities shall promptly report unexpected occurences on inland waterways within the administration and submit periodically status reports to the inland waterway authority or Department of Transport by facsimile and in writing thereafter using the form in Annex 6 attached hereto.

Article 30. Responsibilities of authorities making navigation channel announcement
Such authority shall:

1. Gather data on hydrology, current conditions of navigation channels and issues directly affecting traffic safety prior to announcement.

2. Make announcement in writing using the prescribed forms.

3. Be responsible for released information and figures

4. Be entitled to set up networks, monitor, and measure and collect data on hydrology, current conditions of navigation channels and issues directly affecting traffic safety.

5. Be entitled to cooperate with other professional agencies to collect necessary data for announcement.

6. Draw up plans and arrange finance for data collection from hydrology research centers.

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IMPLEMENTATION

Article 31. Entry into force

This Circular enters into force from February 01, 2015 and replaces the Circular No.23/2011/TT-BGTVT on inland waterway management dated March 31, 2011 the Ministry of Health the Minister of Transport.

Article 32. Implementation

1. The Vietnam Inland Waterway Administration shall take charge of executing and inspect the implementation of this Circular.

2. The Chief of Office, Chief Inspectors, Directors of Vietnam Inland Waterway Administration, Director of Departments of Transport, Heads of relevant agencies and entities shall be responsible for the implementation of this Circular./.

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