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THE PRIME
MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 133/2003/QD-TTg
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Hanoi, July 04,
2003
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DECISION
ON THE MANAGEMENT OF NAVIGABLE
CHANNELS
THE PRIME MINISTER
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the July 12, 1990 Maritime Code of Vietnam;
At the proposals of the Ministry of Communications and Transport (Official
Dispatch No. 359/GTVT-KHDT of January 28, 2003) and the Ministry of Justice
(Official Dispatch No. 358/TP/HTQT of May 30, 2003),
DECIDES:
Chapter I
GENERAL PROVISIONS
Article 1.- This
Decision prescribes the management of construction and investment as well as
operation of navigable channels in and out of seaports, applicable to all
subjects that deal in the exploitation of seaports in Vietnam, except for
channels in and out of ports used exclusively for military purposes, which are
managed by the Ministry of Defense.
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In this Decision, the
following phrases are construed as follows:
1. "Navigable
channels" mean the limits of waters determined by maritime-signaling
system, including the system of maritime signals and support works, which
ensure the safe operation of ships and boats, and are announced by competent
agencies.
2. "Public
navigable channels" mean navigable channels invested and built by the
State for public use.
3. "Special-use
navigable channels" mean channels in and out of special-use ports which
are invested and built by enterprises themselves for use for the exclusive
purposes of such ports.
4. "Maritime
signals" mean maritime works, including visible, sound and radio signals,
which are set up to guide the operation of ships and boats.
Chapter II
MANAGEMENT OF NAVIGABLE CHANNELS
Article 3.- Contents
and responsibilities of State management over navigable channels
1. Contents of State
management over navigable channels:
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b/ To elaborate and
promulgate legal documents on management of navigable channels, and promulgate
technical standards related to navigable channels; to guide, inspect and
examine the implementation of such regulations;
c/ To sign, accede to,
and organize the implementation of, international treaties related to navigable
channels;
d/ To prescribe
technical norms on navigable channels for use as a basis for assigning tasks to
units to build and renovate navigable channels;
e/ To announce the
list of public navigable channels and special-use navigable channels;
f/ To make maritime
notices;
g/ To coordinate in
search and rescue on navigable channels;
h/ To protect the
marine environment and maintain security and defense.
2. The Ministry of
Communications and Transport shall have to uniformly manage the navigable
channels nationwide.
3. Vietnam National
Maritime Bureau shall have to assist the Minister of Communications and
Transport in performing the tasks of State management over navigable channels
as prescribed in Clause 1 of this Article; direct the attached units to
operate, exploit and renovate navigable channels strictly according to
regulations.
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1. The investment and
construction of navigable channels cover:
a/ Construction of
navigable channels’ waters;
b/ Construction of
maritime signals;
c/ Construction of
work items for protection of navigable channels;
d/ Supply of other equipment
and facilities in service of the maritime guarantee work.
2. Capital for
investment and construction of public navigable channels shall be allocated
from the State budget and mobilized from other capital sources.
3. Special-use
navigable channels shall be invested and built by enterprises themselves. When
transforming them into public channels, the State shall refund the invested
capital to the investors. The Ministry of Finance shall coordinate with the
Ministry of Communications and Transport in prescribing the order and modes for
determining the channels’ value when transforming special-use navigable
channels into public navigable channels.
Article 5.- Management
of investment and construction of navigable channels
1. The management of
investment and construction of navigable channels must ensure the following
regulations:
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b/ The
investment-deciding competence and order for the implementation of projects on
investment and construction of navigable channels shall comply with the
regulations on investment and construction management;
c/ The construction of
navigable channels must comply with the regulations on technical standards
promulgated by competent agencies.
2. The opening and
announcement of navigable channels shall be effected simultaneously with the
announcement of the opening of ports.
Article 6.- Management
of the operation of navigable channels
1. The management of
the operation of navigable channels covers:
a/ Maintenance of
navigable channels as well as support works and equipment, ensuring safety for
the operation of ships and boats;
b/ Management of the
operation of maritime signals;
c/ Maritime surveys
and notification according to regulations.
2. The management of
the operation of public navigable channels shall be effected by Vietnam
Maritime Safety Guarantee Agency.
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Article 7.- Charge
collection and funds for the management of the operation of navigable channels
1. Funds for the
management of the operation of public navigable channels shall comply with the
current regulations.
2. Funds for the
management of the operation of special-use navigable channels shall be provided
by enterprises that operate such special-use navigable channels.
3. The Ministry of
Finance shall assume the prime responsibility and coordinate with the Ministry
of Communications and Transport in prescribing the collection, management and
use of maritime guarantee charges.
Article 8.- Management
of the operation of special-use navigable channels
Enterprises that
manage special-use navigable channels shall have the following tasks:
1. To ensure that
navigable channels fully meet the prescribed technical standards.
2. To make periodical
reports on the conditions of navigable channels according to regulations. When
there appear any changes in navigable channels as compared to the time of
announcement, or when detecting obstacles on navigable channels, the
enterprises must immediately notify such to Vietnam Maritime Safety Guarantee
Agency for handling measures.
Chapter III
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Article 9.-
Implementation effect
This Decision takes
implementation effect 15 days after its publication in the Official Gazette.
All previous
stipulations contrary to this Decision shall be no longer effective.
Article 10.-
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the People’s Committees of the concerned
provinces and centrally-run cities shall have to implement this Decision.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung