|
MINISTRY OF TRANSPORT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.: 50/2014/TT-BGTVT
|
Hanoi, 17 October
2014
|
CIRCULAR
REGULATION
ON INLAND WATERWAY PORTS AND LANDING STAGES
Pursuant to the Law on Inland Waterway Transport
dated 15 June 2004 and the Law amending and supplementing some articles of Law
on Inland Waterway Transport dated 17 June 2014;
Pursuant to Decree No. 107/2012 / ND-CP dated 20
December, 2012 of the Government regulating the functions, tasks, powers and
organizational structure of the Ministry of Transport;
At the request of Department for Traffic
Infrastructure and Director of Viet Nam Inland Waterway Administration,
The Minister of Transport issues this Circular
providing for the management of inland waterway ports and landing stages
Chapter I
GENERAL PROVISIONS
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Circular provides for the construction
investment, management and operation of inland waterway ports and landing
stages and activities of inland waterway vehicles and ships of Vietnam and
foreign waterway vehicles in waters of inland ports and landing stages;
2. The management of inland waterway ports and
landing stages in seaport waters shall comply with the provisions of this
Circular except for other cases which shall be decided by the Minister of
Transport based on the practical conditions.
Article 2. Subjects of
application
This Circular applies to organizations and
individuals implementing the construction investment, management and operation
of inland waterway ports and landing stages; using inland waterway vehicles and
ships of Vietnam and foreign waterway vehicles or carrying out other activities
related to the inland waterway ports and landing stages;
Article 3. Interpretation of
terms
In this Circular, the following terms are construed
as follows:
1. Inland waterway port is a system of works built
for the inland waterway vehicles, ships and foreign waterway vehicles to
anchor, load and unload cargo, embark and disembark passengers and carry out
other services; the inland waterway ports have hinterland and port waters. The
inland waterway ports include the general ports, cargo ports, passenger ports
and specialized ports.
2. Hinterland is limited to build port works,
warehouse, open storage, workshops, head office, services facilities,
transportation system communications, electricity, water, installation of
equipment and other ancillary works.
3. Port waters are limited to establish the waters
in front of port, return, berthing area, transshipment area, unloading area and
storm shelter
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Specialized port is the inland waterway port of
organizations and individuals used for loading and unloading of cargo and
materials for production of such organizations and individuals or new building
and repair of inland waterway vehicles, ships and foreign waterway vehicles
6. Inland waterway landing stage is an independent
works of small size, including the land area and waters in front of landing
stage for the waterway vehicles to anchor, berth, load, unload cargo, embark
and disembark passengers and for other supporting services. The inland landing
stage includes cargo landing stage, passenger landing stage, general landing
stage, river-crossing passenger landing stage and specialized landing stage.
7. Specialized landing stage is the inland waterway
landing stage of organizations and individuals used for loading and unloading
of cargo and materials for production of such organizations and individuals or
new building and repair of inland waterway vehicles.
8. River-crossing passenger landing stage is the
inland waterway landing stage for transporting passengers from one shore to
other shore;
9. Inland waterway vehicles are ships, boats and
other floating structures with or without motor specialized in operation on
inland waterway.
10. Vietnamese ships are the ones which have been
registered in the Vietnam national ship registration Book or since when issued
with temporary license by Vietnam consular organ in foreign countries for
flying Vietnamese flag.
11. Foreign waterway vehicles are the inland
waterway vehicles and ships whose registration certificates are issued by
foreign countries.
12. Owners of port and landing stage are
organizations and individuals investing in construction of inland waterway
ports and landing stages or assigned by investor to manage the inland waterway
ports and landing stages.
13. Organizations and individuals operating ports
and landing stages are organizations and individuals using the inland waterway
ports and landing stages for business and operation.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter II
CONSTRUCTION INVESTMENT
OF INLAND LANDING STAGE
Article 4. Planning of inland
waterway ports and landing stages
1. The Minister of Transport is responsible for
approving and organizing the implementation of planning of inland waterway
ports.
2. The Chairman of People’s Committee of provinces
and centrally-run cities is responsible for approving and organizing the implementation
of planning of inland waterway landing stages within the areas under the
management of provinces and cities. For the inland waterway landing stages on
the national, before approving the planning, the People’s Committee of
provinces and centrally-run cities must get the agreed opinions of the Viet Nam
Inland Waterway Administration.
Article 5. Principles of
construction investment of inland waterway ports and landing stages
1. The construction investment of inland waterway
ports and landing stages must comply with the regulations of law on
construction investment, fire prevention and fighting, environmental
protection, compliance with national technical regulations and standards to
ensure the traffic safety and other provisions in this Circular;
2. The construction investment of inland waterway
ports and landing stages must consist with the approved planning of system of
inland ports and waterway landing stages. Where the project for construction
investment of inland waterway ports and landing stages has not included in the
planning or there is a difference compared with the planning. Before
implementing the project, the investor must report and get approval from the
organs having the authority to approve the planning;
Article 6. Approving policy on
inland waterway ports
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The Ministry of Transport shall approve the
policy on inland waterway ports to receive the foreign waterway vehicles.
b) The Viet Nam Inland Waterway Administration shall
approve the policy on inland waterway ports not to receive the foreign waterway
vehicles on the national inland waterway route and specialized inland waterway
within the boundary of provinces and centrally-run cities, the inland waterway
ports with their hinterland lying on both the national inland waterway and
local inland waterway or both on national inland waterway and port waters.
c) The Department of Transport shall approve the
policy on inland waterway ports not to receive the foreign waterway vehicles on
the national inland waterway route authorized to manage, local inland waterway
and specialized inland water connecting the local inland waterway and inland
landing stages in port waters within the local administrative boundary;
2. Dossier for approving the policy on construction
of inland waterway port
The investor shall send 01 (one) set of dossier for
approving the policy on construction of inland waterway port directly, by post
or in other appropriate forms to the Viet Nam Inland Waterway Administration or
the Department of Transport. The dossier includes:
a) Application for approving the policy on
construction of inland waterway port under the Form No.01 in the Appendix
issued with this Circular;
b) Plan of location of port works to be built, surface
of port and waters in front of port.
3. The Viet Nam Inland Waterway Administration or
the Department of Transport shall receive, verify and process dossiers as
follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the investors;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) For inland waterway ports receiving foreign
waterway vehicles: the Viet Nam Inland Waterway Administration or the
Department of Transport shall verify dossiers and submit the verification
result with 01 (one) set of dossier submitted by the investor to the Ministry
of Transport within 05 working days after receiving the prescribed complete
dossier. The Ministry of Transport shall get the advice from the Ministry of
Defense and the Ministry of Public Security. Within 05 working days after
receiving document from the Ministry of Defense and the Ministry of Public
Security, the Ministry of Transport shall issue a written approval for
construction of inland waterway port to the investor or a written response in
case of disapproval;
d) For inland waterway ports not receiving foreign
waterway vehicles
Within 07 working days after receiving the
prescribed dossiers, the Viet Nam Inland Waterway Administration or the
Department of Transport shall issue a written approval for construction of
inland waterway port to the investor or a written response in case of
disapproval;
For the inland waterway ports lying in the port
waters, before approving the policy on construction of inland waterway port,
the Viet Nam Inland Waterway Administration or the Department of Transport
shall get a written advice from the area port Authorities. Within 02 (two)
working days after receiving the written proposal from the Viet Nam Inland
Waterway Administration or the Department of Transport, the port Authorities
shall issue a written response;
4. The written approval for policy on construction
of inland waterway port is valid within 24 months (for ports of group A
project) and 12 months (for ports of group B and C project). In case such time
limit is over and the investor wishes to continue carrying out the project,
he/she shall have to re-perform the procedures for approving the construction
of inland waterway port as prescribed in this article.
Article 7. Approving the policy
on construction of inland landing stage
1. The authority to approve the policy on construction
of inland landing stage
The Department of Transport shall approve the
policy on construction of inland landing stages and river-crossing
passenger landing stages within the local administrative boundary.
2. Dossier for approving the policy on construction
of inland landing stage
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The application for approval for policy on construction
of inland landing stages is written on the Form No.02 and No.03 for
river-crossing passenger landing stages issued with this Circular;
b) Plan of location and outline of surface of
landing stage and waters in front of landing stage.
3. The Department of Transport shall receive,
verify and process the dossiers as follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the investors;
b) In case the dossiers sent by post or in other
appropriate forms are not completed, within 02 (two) working days, the the
Department of Transport shall issue document to require the completion of
dossier from investors;
c) Within 05 working days after receiving the
prescribed dossiers, the Department of Transport shall issue a written approval
for construction of inland waterway landing stages on the local waterway and specialized
waterway connected with the local inland waterway to the investor or issue a
written response stating the reasons in case of disapproval;
For landing stages on the national inland waterway
and specialized waterway connected with the national inland waterway, before
issuing a written approval, the Department of Transport shall have to get the
advice from the Sub-Department of inland waterway on location and effect of the
landing stage to the channel and scope of protection to other works in the area.
Within 02 (two) working days after receiving the written proposal from the
Department of Transport, the Sub-Department of inland waterway shall issue a
written response;
For the landing stages lying in the port waters,
before approving the policy on construction of inland waterway landing stage,
the Department of Transport shall have to get the written advice from the area
port authorities. Within 02 (two) working days after receiving the written
proposal from the Department of Transport, the area port Authorities shall
issue a written response;
For the river-crossing passenger landing stage,
before issuing a written approval, the Department of Transport shall have to
get the advice from the People’s Committee of the commune where the landing
stage shall be built. Within 02 (two) working days after receiving the written
proposal from the Department of Transport with the prescribed dossier, the
People’s Committee of such commune shall issue a written response.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter III
AUTHORITY AND PROCEDURES
FOR ANNOUNCEMENT AND ISSUE OF OPERATION PERMIT OF INLAND WATERWAY PORT AND
LANDING STAGE
Article 8. Authority to
announce the operation of inland waterway port
The organs specified in Clause 1, Article 6 of this
Circular have the authority to announce and re-announce the operation of inland
waterway ports which they have agreed upon the policy to build them.
Article 9. Authority to issue
the operation permit of inland landing stage
The Department of Transport shall issue and
re-issue the operation permit of inland landing stage and river-crossing
passenger landing stage within the local administrative boundary.
Article 10. Procedures for
announcement of operation of inland waterway port
1. Dossier to request the announcement of operation
of inland waterway port
The owner of inland waterway port shall send 01
(one) set of dossier to request the announcement of operation of inland
waterway port directly, by post or in other appropriate forms to the Viet Nam
Inland Waterway Administration or the Department of Transport. The dossier
includes:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) A certified copy of Decision on construction
investment of port from the competent authorities in accordance with
regulations of law on investment or a copy with the original for comparison;
c) Approved technical design document and as-built
document;
d) Record of works acceptance;
dd) Plan of port waters;
e) Copy of certificate of technical safety and
environmental protection of buoy (if used instead of pier);
g) Copy of security certificate for inland waterway
port receiving foreign waterway vehicles.
2. The Viet Nam Inland Waterway Administration or
the Department of Transport shall receive, verify and process the dossier as
follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the port owner;
b) In case the dossiers sent by post or in other
appropriate forms are not completed, within 02 (two) working days, the Viet Nam
Inland Waterway Administration or the Department of Transport shall issue
document to require the completion of dossier from the port owner;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Within the scope of responsibility, the Viet Nam
Inland Waterway Administration or the Department of Transport shall verify the
dossier and submit the verification result to the Ministry of Transport
attached with 01 (one) set of dossier submitted by the port owner to request
the announcement of operation of inland waterway port within 05 working days
after receiving the prescribed complete dossier.
of Transport shall issue the decision on
announcement of operation of inland waterway port under the Form No.5 issued
with this Circular and send it to the port owner within 05 (five) days after
receiving the report on verification of dossier for announcement of operation
of inland waterway port or issue a written response in case of disapproval;
d) For inland waterway ports not receiving foreign
waterway vehicles
Within 05 (five) working days, after receiving the
prescribed dossiers, the Viet Nam Inland Waterway Administration or the
Department of Transport shall issue the decision on announcement of operation
of inland waterway port under the Form No.05 issued with this Circular to the
port owner or a written response in case of disapproval;
3. Validity of decision on announcement of
operation of inland waterway port
The validity of decision on announcement of
operation of inland waterway port is the same as that of land use issued by the
competent authorities to the port owner or at the port owner’s request.
4. Where the pier of port has just been built but
the investor wishes to use it immediately for the building of other works items
of port, he/she may request the competent authorities to temporarily announce
the completion of pier under the procedures specified in Clause 1, 2 or 3 of
this Article. The validity of temporary announcement decision is not more than
12 months;
Article 11. Procedures for
issue of operation permit of inland waterway landing stage
1. The owner of inland waterway landing stage shall
send 01 (one) set of dossier to request the issue of operation permit of inland
waterway landing stage directly, by post or in other appropriate forms to the
Department of Transport. The dossier includes:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Technical design document or technical-economic
report on construction investment approved and as-built document;
c) Works acceptance record;
d) Plan of waters in front of landing stage and
channel into landing stage (if any) made by the owner of landing stage;
dd) Copy of certificate of technical safety and
environmental protection of buoy (if used instead of pier);
e) Written approval of the competent authorities
for the temporary use in case the landing stage lies in the safety corridor of
works as stipulated by the specialized law.
2. The Department of Transport shall receive,
verify and process dossier as follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the owner of landing stage;
b) In case the dossiers sent by post or in other
appropriate forms are not completed, within 02 (two) working days, the Viet Nam
Inland Waterway Administration or the Department of Transport shall issue
document to require the completion of dossier from the owner of landing stage;
c) Within 05 (five) working days after receiving
all prescribed, the Department of Transport shall issue the operation Permit of
inland waterway landing stage to the owner of landing stage under the Form
No.08 and the operation permit of river-crossing passenger landing stage under
the Form No.09 in the Appendix issued with this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The validity of operation permit of inland waterway
landing stage is the same as that of land use issued by the competent
authorities to the owner of landing stage or at the request of owner of landing
stage.
Where the organizations and individuals wish to
temporarily open landing stage for loading materials, equipment in service of
building of works, plants or industrial parks, the validity of operation permit
of landing stage is the same as the time of building of works, plants or
industrial parks;
4. For river-crossing passenger landing stage. If
the landing stage on both shores are operated by one owner and under the
authority to issue the operation permit of one organ, the owner operating the
river-crossing passenger landing stage shall submit application for issue of
operation permit of river-crossing passenger landing stage under the Form No.
07 issued with this Circular, the organ with the authority to issue one
operation permit of river-crossing passenger landing stage for both sides of
landing stage under the Form No.09 in the Appendix issued with this Circular.
5. Where the owner of landing stage wishes to have
waters to berthing the vehicles for embarking, disembarking passengers, loading
and unloading cargo outside the waters of inland water landing stage, he/she
shall have to specify the area of waters in the application for issue of
operation permit of inland waterway landing stage. The waters for berthing
vehicles must not be allocated in the channel and scope of protection of works.
Article 12. Procedures for
re-announcement of inland waterway port
1. The inland waterway port shall be re-announced
in the following cases:
a) Upon change of owner;
b) Decision on announcement of operation
invalidity;
c) Change of structure of port works, hinterland,
waters or change of port utility;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The owner of inland waterway port shall send 01
(one) set of dossier to request the re-announcement of inland waterway port
directly, by post or in other appropriate forms to the Viet Nam Inland Waterway
Administration or the Department of Transport. The dossier includes:
a) Application for re-announcement of inland
waterway port is written under the Form No. 10 in the Appendix issued with this
Circular;
b) In case of change of owner without change of
announced contents, the port owner shall send with the application the legal
document of port transfer and documents related to the handover of owner or
legal document on division or merger (if any);
c) In case of re-announcement due to change of
structure of port works, waters, hinterland and port utility, the port owner
must send with the application the certified copy of papers demonstrating the
changed contents;
d) In case of re-announcement due to expansion or
upgrading to improve the port passing capacity, the provisions in Article 10 of
this Circular shall apply for the expanded or upgraded part;
dd) For inland waterway port announced for
operation before 01/01/2005 due to the loss of documents, the port owner must
send with the application the drawing of surface of port works, plan of waters
and hinterland of port.
3. The Viet Nam Inland Waterway Administration or
the Department of Transport. Shall receive, verify and process the dossier as
follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the port owner;
b) In case the dossiers sent by post or in other
appropriate forms are not completed, within 02 (two) working days, the Viet Nam
Inland Waterway Administration or the Department of Transport shall issue
document to require the completion of dossier from the port owner;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Within the scope of responsibility, the Viet Nam
Inland Waterway Administration or the Department of Transport shall verify the
dossier and submit the verification result to the Ministry of Transport
attached with 01 (one) set of dossier submitted by the port owner to request
the re-announcement of operation of inland waterway port within 03 (three)
working days after receiving the prescribed complete dossier.
The Ministry of Transport shall issue the decision
on re-announcement of operation of inland waterway port under the Form No.05 in
the Appendix issued with this Circular to the port owner within 03 (three)
working days after receiving the report on dossier verification for
re-announcement of operation of inland waterway port. In case of disapproval,
it shall issue a written response specifying the reasons;
d) For inland waterway port not receiving foreign
waterway vehicles:
Within 03 (three) working days after receiving the
prescribed dossier, the Viet Nam Inland Waterway Administration or the
Department of Transport shall issue a decision on re-announcement of operation
of inland waterway port under the Form No.05 in the Appendix issued with this
Circular to the port owner or issue a written response stating the reasons in
case of disapproval.
4. The validity of decision on re-announcement of
operation of inland waterway port is the same as that of land use issued by the
competent authorities to the port owner or at the port owner’s request.
Article 13. Procedures for
re-issue of operation permit of inland waterway landing stage
1. a) Giấy phép hoạt động hết hiệu lực Invalidity
of operation permit;
b) Change of owner;
c) Change of hinterland, waters and utility of
landing stage.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The owner of inland waterway landing stage shall
send 01 (one) set of dossier to request the re-issue of operation permit of
inland waterway landing stage directly, by post or in other appropriate forms
to the Department of Transport. The dossier includes:
a) Application for re-issue of operation permit of
inland waterway landing stage under the Form No.11 specified in the Appendix
issued with this Circular.
b) In case of re-issue of permit due to change of
owner without change of contents of issued permit, the owner of landing stage
shall send with the application the legal document of landing stage transfer
and documents related to the handover of owner of landing stage in case of
change of owner of landing stage or legal document on division or merger (if
any);
c) In case of change of hinterland, waters and
utility of landing stage, the owner of landing stage must send with the
application the legal papers demonstrating the above-mentioned changes;
d) For inland waterway landing stage due to
expansion or upgrading to improve the capacity of landing stage, the dossier
for re-issue of operation permit shall comply with the provisions in Article 11
of this Circular;
dd) For inland waterway landing stage issued with
operation permit before 01/01/2005 but due to loss of documents, the owner of
landing stage must submit with the application the drawing of surface of
landing stage, plan of waters and hinterland of landing stage.
3. The Department of Transport shall receive,
verify and process the dossier as follows:
a) In case the dossiers directly submitted are
completed, a receipt shall be issued with appointment date for result at
prescribed time; in case the dossiers are not completed, they shall be returned
with instructions on completion to the owner of landing stage;
b) In case the dossiers sent by post or in other
appropriate forms are not completed, within 02 (two) working days, the
Department of Transport shall issue document to require the completion of
dossier from the owner of landing stage;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The validity of re-issued operation permit of
inland waterway landing stage is the same as that of land use issued by the
competent authorities to the owner of landing stage or at the request of owner
of landing stage.
For landing stage temporarily operating for loading
and unloading of materials, equipment in service of building of works, plants
or industrial parks, the validity of re-issued operation permit of landing
stage is the same as the time of building of works, plants or industrial parks;
Article 14. Suspension of
operation of inland waterway ports and landing stages
1. The inland waterway ports and landing stages whose
operation shall be suspended in the following cases:
a) The change of topographical and hydrological
condition does not ensure the safety for the operation of inland waterway ports
and landing stages;
b) The owners of ports or landing stages terminate
their operation;
c) There is requirements for operation suspension
or clearance of the competent state authorities;
2. The inland waterway ports and landing stages
whose operation shall be suspended in case the works of inland waterway ports
or landing stages are damaged and do not ensure the conditions as designed
causing traffic unsafety or potentially causing unsafety to people and
vehicles;
3. The organ having the authority to announce the
operation of ports or issue the operation permit of inland waterway landing
stage have the right to decide the suspension of operation or temporary
suspension of operation of inland waterway port and landing stage. The Decision
on suspension of operation of inland waterway port and landing stage is under
the Form No. 12 and the Decision on temporary suspension of operation of inland
waterway port and landing stage is under the Form No. 13 specified in the
Appendix issued with this Circular;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter IV
MANAGEMENT OF OPERATION
OF VEHICLES AT THE INLAND WATERWAY PORT AND LANDING STAGE
Section I. WATERWAY VEHICLES ENTERING
AND LEAVING WATERS OF INLAND WATERWAY PORT AND LANDING STAGE
Article 15. Procedures for
inland waterway vehicles entering inland waterway port and landing stage
Before the vehicles enter the inland waterway port
and landing stage, the captain or mate or vehicle operator must submit and
present the original of the following papers to the inland waterway port
Authorities (referred to as port Authorities) or management Board of landing
stage:
1. Papers to be submitted
a) Permit of clearance of last port or landing
stage (except for vehicles transshipping in waters of port and landing stage);
b) Valid of certificate of technical safety and
environmental protection of inland waterway vehicles;
c) Sailors book
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Certificate of registration of inland waterway
vehicles (or certified copy of credit organization in case the vehicles are
pledged or mortgaged);
b) Diploma or certificate of professional skills of
sailors and operator;
c) Transportation contract or stock issue note or
cargo transport note and passenger list.
3. The port Authorities or the management Board of
landing stage shall issue the inland waterway port or landing stage entry
permit within 30 minutes after receiving all prescribed papers. This permit is
issued under the Form No.14 of the Appendix issued with this Circular.
4. The vehicles transporting passengers at the
river-crossing passenger landing stages shall not have to go through the
procedures for landing stage entry; the vehicles transporting the working
people from the shore to the works or plants must comply with regulations of
law on people transportation and have list of employees on each trip;
Article 16. Inland waterway
vehicles leaving the inland waterway port and landing stage
1. Before the vehicles leave port or landing stage,
the captain, mate or vehicle operator must present the original of following
papers to the port Authorities or management Board of landing stage:
a) Transportation contract or stock issue note or
cargo transport note (for vehicles transporting cargo) or passenger list (for
vehicles transporting passengers);
b) Documents demonstrating the payment of fees,
charges, fines or repayment of debts as prescribed by law;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The port Authorities or management Board of
landing stage shall issue the Permit of clearance of inland waterway port or
landing stage within 30 minutes after receiving all prescribed papers. Such
Permit under the Form No.15 specified in Appendix is issued with this Circular.
a) Where the waterway vehicles have been issued
with the Permit of clearance of inland waterway port or landing stage but still
continue to berth at the waters of port or landing stage over 24 hours, the
captain, mate or vehicle operator shall have to come to the office of port
Authorities to go through the procedures again for port or landing stage
clearance of waterway vehicles.
b) Where the inland waterway vehicles enter the
inland waterway ports or landing stages and stay for a period not exceeding 72
hours or the papers or documents upon going through the procedures for leaving
the inland waterway port or landing stage is unchanged compared with the entry,
they shall do the procedures for leaving the inland waterway port or landing
stage one time.
3. For the vehicles leaving and entering port or
landing stage for 2 times or more in one day, the port Authorities or the
management Board of landing stage shall actually check the first time and only
check the prescribed safety conditions for the second time.
4. For vehicles newly built or repaired, when
launched for test run on the inland waterway, the vehicle owner or facilities
of new building or repair of vehicles shall have to present the following
papers to the port Authorities or the management Board of landing stage:
a) Inspection record of the registry to confirm the
eligibility for long-haul test run;
b) Plan for traffic safety assurance upon launching
of waterway vehicles launched across the scope of channel protection corridor
with the approval opinion of the unit directly managing the area inland
waterway route.
5. The vehicles transporting passengers at the
river-crossing passenger landing stage shall not have to go through the
procedures for clearance of landing stage
Article 17. Certificate for
vehicles transporting sand, gravel or other minerals directly from the mining
place
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 18. Procedures for
foreign ships or waterway vehicles entering and leaving the inland waterway
ports
1. The foreign ships or waterway vehicles entering
and leaving the inland waterway ports shall perform the procedures in
accordance with the regulations of maritime law for ships entering and leaving
ports.
2. For the inland waterway vehicles of the Kingdom
of Cambodia entering and leaving the inland waterway port of Vietnam, besides
the papers to be submitted or presented as stipulated in Article 15 and 16 of
this Circular, they must have the border-crossing waterway transportation
Permit issued by the competent authorities.
Article 19. Procedures for
ships and inland waterway vehicles entering and leaving a maritime area of the
port waters with the inland waterway port and landing stage
When the ships and inland waterway vehicles
entering and leaving a maritime area of the port waters, they shall have to
perform the entry and leaving procedures for one time. The ships and inland
waterway vehicles shall not have to go through the procedures when running
between inland ports, landing stages, seaports and quays (referred to as port
and landing stage) in a maritime area. The entry and leaving procedures are
done at the first and the last port or landing stage where such ships and
inland waterway vehicles have entered and left.
Section II. REGULATION ON
PILOTAGE
Article 20. Regulations on
compulsory pilotage
When operating on the inland waterway or entering
or leaving the inland waterway port, the foreign vehicles must be guided by
pilot. The inland waterway vehicles and ships of Vietnam may request the
pilotage when entering or leaving the inland waterway port if find it
necessary. The guidance is done by the maritime pilot.
Article 21. Requirement for
time of pilot provision
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. If wishing to change the time of pilotage
reception or cancel the pilotage after request for pilotage, the port
Authorities and relevant pilotage organization must be notified within 03 hours
before the estimated time of pilot reception.
3. The pilot must wait at the agreed location
within 04 hours from the estimated reception of pilot. If exceeding such time
limit, the request for pilotage is regarded as canceled and the captain shall
have to pay the pilot for the waiting time as stipulated.
4. Within 01 hour after receiving the request for
pilotage, the pilotage organization shall have to confirm and notify the port
Authorities, ship owner or agent of ship owner of location and estimated time
of pilot reception. If the pilot is on board late compared with the time and at
incorrect location confirmed and notified resulted in the ship waiting or
moving to another location, such pilotage organization must pay for the time of
ship waiting as stipulated.
Chapter V
RESPONSIBILITY OF PORT
AND LANDING STAGE OWNERS, SAILORS, VEHICLES OPERATORS AND OTHER ORGANIZATIONS
AND INDIVIDUALS OPERATING AT INLAND WATERWAY PORTS AND LANDING STAGES
Article 22. Responsibility of
owners of inland waterway ports and landing stages
During the operation of inland waterway ports and
landing stages, the owners of ports and landing stages must comply with the
following regulations:
1. Maintain the operational conditions of ports and
landing stages and anchoring and berthing equipment as designed to ensure the
safety; maintain the signal of inland waterway on the principles of signal of
inland waterway.
2. Develop the operational rule of inland waterway
ports and landing stages; there must be the fare table at ports and passenger
landing stage. The operational rule and fare table must be legible and at convenient
place.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The equipment of fire prevention and fighting
must ensure both quantity and quality of use as prescribed by law and must be
put at convenient place for use.
5. The loading and unloading equipment must ensure
the technical safety standards and consist with the structure and bearing
capacity of works. The person operating the loading and unloading must have the
operation certificate as prescribed by law;
6. The channel to the inland port and landing stage
(if any) must ensure the consistency with the prescribed technical level of the
inland waterway channel and must be inspected and surveyed regularly to ensure
the consistency with technical level of the area inland waterway channel.
7. For the inland waterway ports receiving foreign
vehicles, there must be security plan for inland waterway port and security
assessment of inland waterway port of the competent authorities.
8. Arrangement of personnel for management and
operation of ports and landing stages to ensure the order and safety.
9. In case of leasing of inland waterway ports and
landing stages, there must be contract signed with the owner operating ports
and landing stages as prescribed by law and fulfill all obligations specified
in the signed contract;
10. In case of contract termination, the owner of
port and landing stage shall have to notify the competent organ which has
announced the port or issued the landing stage operation permit to issue the
decision on operation suspension of inland waterway port and landing stage.
11. Do not load cargo, embark or disembark
passengers onto the vehicles which do not guarantee the technical safety or
have prescribed papers; do not load over-sized or overweight cargo or embark
passengers exceeding the prescribed number; comply with regulations of law on
loading and unloading of dangerous cargo.
12. Join to rescue people, cargo and
vehicles upon occurrence of accident; make report and coordinate with the
competent functional organs in order to deal with, remedy consequences of
accident and environmental pollution (if any); comply with the order of port
Authorities or the management Board of landing stage in rescue
people, cargo and vehicles upon occurrence of accident in the waters of inland
waterway port and landing stage and in the prevention and control of storm.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 23. Responsibility of
sailors and vehicle operator when the vehicles operate in the waters of inland
waterway port and landing stage
1. Only anchor or berth the vehicles at the places
designated by the port Authorities or the management Board of landing stage
without intentional change of location.
2. Comply with the rule of port and landing stage
and regulations on flood and storm; comply with the order of the port
Authorities or the management Board of landing stage in cases of emergency.
3. When the vehicles drift or change their berthing
place due to objective causes, it is required to conduct appropriate handing
measures and report to the port Authorities or the management Board;
4. When having berthed or anchored at the
prescribed places, the captain must assign sailor on duty to maintain the
lifesaving, fire control machine and equipment and the main engine of the
vehicles must be in a state of operational readiness to promptly
handle the cases such as anchor drifting, broken rope, caught in shoal and
other incidents.
5. In case of detection of people and animals
caught with infectious disease or plants potentially causing disease, the port
Authorities or the management Board of landing stage and other relevant
functional organs must be notified and such vehicles must be taken to a
separate berthing place for measures of handling;
6. During the loading and unloading of cargo or
embarking and disembarking of passengers, it is required to check and prepare
necessary conditions to ensure labor safety. If detecting any unsafe sign, the
captain or vehicle operator must stop such activities to take remedial
measures;
7. The foreign vehicles must fly the flag of the
Socialist Republic of Vietnam on top of the highest column from
sunrise to sunset; in case of flying ceremony flag, mourning flag or horning
during ceremonial
occasions of their countries, such foreign vehicles must give a
prior notice to the port Authorities.
8. Do not intentionally drive the vehicles to load,
unload, embark or disembark passengers without being issued with the entry
Permit of inland waterway port and landing stage; do not use signals
arbitrarily; do not hinder or cause difficulties to the people on
duty or sailors of other vehicles passing their vehicles;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 24. Responsibility of
organizations and individuals surveying, performing works, dredging and lifting
obstacles or other activities in the waters of inland waterway port and landing
stage
1. Comply with regulations on order and traffic
safety assurance in the waters of inland waterway port and landing stage and
environmental protection.
2. Comply with the order of the port Authorities or
management Board of landing stage in case of rescue of people, cargo or
vehicles upon occurrence of accident or storm or flood.
3. Before surveying, performing works, dredging and
lifting obstacles or other activities in the waters of inland waterway port and
landing stage, there must be the approval from the owner of port, landing
stage, the port Authorities or management Board of landing stage for the safety
assurance plan for activities at the inland waterway port and landing stage;
Article 25. Responsibility of
the port Authorities or management Board of landing stage
1. Regularly inspect and issue the port and landing
stage entry and leaving Permit to the vehicles;
2. Mobilize people, means and equipment for search
and rescue, flood and storm prevention, fire fighting and remedy of
environmental protection;
3. Supervise and handle acts of violation of
regulations on environmental protection in the waters of inland waterway port
and landing stage.
Article 26. Responsibility of
Departments of Transport
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Inspect and examine the compliance with the
provisions of this Circular of inland waterway port and landing stage within
the local scope of responsibility.
3. Perform the specialized state management at the
inland waterway port and landing stage on the national inland waterway
authorized for management, the local inland waterway and specialized inland
waterway connected with the local inland waterway and within the waters of port
within the local administrative boundary.
4. Make a list of inland waterway port and landing
stage, river-crossing passenger landing stage under their management and make
quarterly and annual report to the provincial People’s Committee and the Viet
Nam Inland Waterway Administration.
5. For the management of river-crossing passenger
landing stage lying on river and canal as the administrative boundary between
two provinces and centrally-run cities, coordinate and agree with the relevant
Department of Transport in issuing the operation Permit and manage the landing
stage in accordance with regulation on ensuring order and safety of traffic
transportation during the operation.
Article 27. Responsibility of
the Viet Nam Inland Waterway Administration
1. Coordinate with the Department of Transport to
inspect and monitor the compliance with the inland waterway port and landing
stage system development plan in the areas under their management;
2. Perform the specialized state management at the
inland waterway port and landing stage on the national inland waterway, the
specialized local inland waterway connected with the national inland waterway
and the specialized local inland waterway within the administrative boundary of
two provinces or more.
3. Aggregate the reports of localities, units for
report to the Ministry of Transport.
4. Monitor, guide and inspect the management of
activities of inland waterway port and landing stage of localities;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The rescue of people and waterway vehicles
having accident in the waters of inland waterway port and landing stage is
compulsory for captain, vehicle operator, organizations and individuals
operating at the port and landing stage;
2. When detecting accident or potential occurrence
of accident, the captain or operator of the vehicle in distress must give
emergency signal immediately as stipulated and conduct measures to rescue
people and assets and simultaneously notify the port Authorities or the
management Board of landing stage to take remedial measures in a timely manner;
3. The port Authorities have the right to mobilize
all forces and equipment of port and landing stage and all present means in the
area to rescue the people, assets and vehicles in distress. The relevant
organizations and individuals must comply with the order of the port
Authorities or the management Board of landing stage to rescue the people,
assets and vehicles in distress.
4. In case of sinking of vehicles, after rescue the
people and assets, the captain or the operator of the wrecked vehicles must
place the signal as prescribed and report at once to the vehicles owner to
carry out the salvage. The salvage must be done within a prescribed time and
only conducted after applying all measures to ensure the traffic safety
approved by the port Authorities or the management Board of landing stage.
5. In case the vehicles are wrecked in the waters
of port or landing stage, the handling of wrecked vehicles and assets shall
comply with regulations of the Government;
Chapter VI
IMPLEMENTATION
PROVISION
Article 29. Effect
This Circular takes effect from 01/01/2015;
annulling Circular No. 25/2010/TT-BGTVT dated 31/08/2010 of the Minister of
Transport stipulating the management of activities of inland waterway ports and
landing stages;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The Decision on announcement of inland waterway
ports and operation permit of inland waterway landing stage issued as
stipulated in Decision No. 07/2005/QD-BGTVT dated 07/01/2005 of the Minister of
Transport issuing the Regulation of operation of inland waterway ports and
landing stages with validity as specified in the Decision and Permit. Upon
their expiration, the organizations and individuals shall go through the
procedures for re-announcement or re-issue of operation permit as prescribed by
this Circular;
Article 31. Implementation
1. The Viet Nam Inland Waterway Administration
shall organize and inspect the implementation of this Circular;
2. Chief of Office, Chief Inspector of the
Ministry, Directors General, Director of Viet Nam Inland Waterway
Administration, Director of Vietnam Maritime
Administration, Director of Departments of Transport, Heads of relevant
organizations, individuals are liable to execute this Circular./.
MINISTER
Dinh La Thang