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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.08/2021/ND-CP
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Hanoi, January 28, 2021
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DECREE
PROVIDING FOR MANAGEMENT OF INLAND WATERWAY-RELATED
ACTIVITIES
Pursuant
to the Law on Government Organization dated June 19, 2015; the Law on amendment
to the Law on Government Organization and the Law on Local Government
Organization dated November 22, 2019;
Pursuant
to the Law on Inland Waterway Traffic dated June 15, 2004; the Law on amendment
to the Law on Inland Waterway Traffic dated June 17, 2014;
At
request of the Minister of Transport;
The
Government hereby promulgates a Decree providing for management of inland
waterway-related activities.
Chapter
I
GENERAL
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This
Decree provides for the management of inland waterway-related activities,
including: investment in construction, operation, maintenance and protection of
inland waterway infrastructure; assurance about safety, security and
environmental protection on inland waterways, inland ports, inland landing
stages and anchorages; management of activities of foreign vessels, seagoing
ships, seaplanes and watercrafts in inland ports, inland landing stages and
anchorages; responsibilities for State management of inland waterway-related
activities.
Article
2. Regulated entities
This
Decree applies to organizations and individuals involved in inland
waterway-related activities in Vietnam.
Article
3. Definitions
For the
purposes of this Decree, the terms below shall be construed as follows:
1.
“inland waterway infrastructure” includes inland waterway channels, channel
protection corridors, inland ports, inland landing stages, anchorages, ship locks,
facilities used to help vessels pass dams or falls; navigation embankments and
dams; inland navigation aids and auxiliary facilities such as elevation
markers, coordinate markers, boundary markers of channel protection corridors
and stations; facilities, architectural structures, and equipment used directly
for management and operation of inland waterway traffic.
2.
“navigation channel” means a water area limited by the system of inland
navigation aids so as for vessels to navigate smoothly and safely (hereinafter
referred to as “inland waterway channel”).
3.
“dedicated inland port or dedicated inland landing stage” means an inland port
or inland landing stage which is solely used for loading and unloading raw
materials, fuels, minerals, supplies and equipment in service of the production
by the owner of such inland port or inland landing stage or in service of the
building, modification, repair and restoration of foreign vessels, seagoing ships
and watercraft.
4.
“river-crossing passenger landing stage” means an inland landing stage solely
used for the transport of passengers and cargoes from one bank of a river,
canal, ditch, lake or lagoon to the other bank thereof. Each location of the
landing stage in each bank is counted as a river-crossing passenger landing
stage.
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6.
“anchorage” means a water area outside the water area of an inland port or
inland landing stage, including a system of mooring buoys, mooring bollards or
self-mooring system in order for vessels, seagoing ships and seaplanes to berth
and transship cargoes and passengers or perform other activities in accordance
with regulations.
7.
“owner of an inland port, inland landing stage or anchorage” means an
organization or individual that owns such inland port, inland landing stage,
mooring buoys, and mooring bollards and is assigned to use the land and water
area of such inland port, inland landing stage, or anchorage.
8.
“operator of an inland port, inland landing stage or anchorage” means the owner
of such inland port, inland landing stage or anchorage directly operating the
respective inland port, landing stage or anchorage or an organization or
individual that leases such inland port, inland landing stage or anchorage for
operation purposes or an organization or individual that is authorized to
manage and operate such inland port, inland landing stage or anchorage.
9.
“applicant for arrival or departure of a foreign vessel, seagoing ship,
seaplane or watercraft at an inland port, inland landing stage or anchorage”
means the owner of such foreign vessel, seagoing ship, seaplane or watercraft,
seafarer, steersman, seaplane operator or person authorized to apply for
arrival at or departure from an inland port, inland landing stage or anchorage
(hereinafter referred to as the “applicant”).
10.
“inland waterway vessel” means a ship, boat or another floating structure,
motorized or non-motorized, operating exclusively on inland waterways
(hereinafter referred to as “vessel”).
11.
“foreign watercraft” means a watercraft carrying the flag of a foreign
nationality.
Chapter
II
MANAGEMENT OF INLAND WATERWAY
INFRASTRUCTURE
Section
1. GENERAL PROVISIONS ON MANAGEMENT OF INLAND WATERWAY INFRASTRUCTURE
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1.
Vietnamese and foreign organizations and individuals investing in construction
of inland waterway infrastructure must comply with this Decree, regulations on
investment, public investment, construction, land, minerals, environment and
other relevant regulations of law.
2.
Investment in construction of inland waterway channels, inland ports and inland
landing stages (other than inland landing stages serving construction of main
structures), and anchorages must conform to the inland waterway infrastructure
planning and other relevant planning as per regulations of law on planning. If
a project to invest in building inland waterway channel, inland port, inland
landing stage or anchorage for which planning is unavailable or planning is
different from the approved planning, during the project preparation stage, the
investor must report such to a competent authority so as for it to consider
making an adjustment or addition to the planning in accordance with regulations
of law on planning.
Article
5. Organizing management and maintenance of inland waterway infrastructure
1.
Organizing management
a) The
Vietnam Inland Waterways Administration (hereinafter referred to as “VIWA”)
shall organize the management and maintenance of inland waterway infrastructure
under the management of the Ministry of Transport;
b)
People’s Committees of provinces and central-affiliated cities (hereinafter
referred to as “provincial People’s Committees”) shall organize the management
and maintenance of inland waterway infrastructure under the management of the
respective provincial People’s Committees;
c)
Organizations and individuals investing in construction of inland waterway infrastructure
without using State capital shall decide to organize the management and
maintenance of facilities in accordance with this Decree and other relevant
regulations of law.
2.
Maintenance of inland waterway infrastructure
a)
Inland waterway infrastructure facilities shall be maintained to ensure their
normal operation and safety;
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c) The Minister of Transport shall elaborate the management
and maintenance of inland waterway infrastructure facilities.
Article
6. Ensuring safety and security in inland waterway-related activities
1. The safety
and security of facilities and activities related to inland waterways must be
ensured in accordance with this Decree and other relevant regulations of law.
2.
Responsibility for ensuring safety and security in inland waterway-related
activities
a)
Owners of inland waterway infrastructure facilities, operators of inland ports,
inland landing stages and anchorages; organizations and individuals involved in
inland waterway-related activities shall ensure and maintain the safety and
security of facilities and activities during the investment in construction,
management and operation thereof in accordance with regulations of law;
b)
People’s Committees at all levels, specialized inland waterway traffic
agencies, relevant agencies and units shall disseminate and provide guidance on
the implementation of regulations on assurance of safety and security of
facilities and activities related to inland waterways, inland ports, inland
landing stages and anchorages; carry out inspection and impose penalties for violations
against regulations on assurance of safety and security of inland waterways,
inland ports, inland landing stages and anchorages in accordance with
regulations.
Article
2. MANAGEMENT OF INVESTMENT IN CONSTRUCTION AND OPERATION OF INLAND WATERWAY CHANNELS
Article
7. Categorization and technical classification of inland waterway channels
1.
Inland waterway channels are classified into three categories, including:
National inland waterway channels (hereinafter referred to as “national
channels”), local inland waterway channels (hereinafter referred to as “local
channels”) and dedicated inland waterway channels (hereinafter referred to as
“dedicated channels”).
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a) It
passes through two or more provinces or central-affiliated cities and plays an
important role in service of the economy, national defense and security;
b) It is
located within a province or central-affiliated city but connects directly to
either a coastal transport route or two national channels;
c) It
crosses or runs along the border.
3. Local
channel means any channel located within the administrative division of a
province or central-affiliated city, unless otherwise prescribed in points b
and c Clause 2 of this Article.
4.
Dedicated channel means any channel connecting the water area of a dedicated
inland port or landing stage with a national or local channel.
5.
Inland waterway channels shall be technically classified by the Minister of
Transport.
Article
8. Agreement on inland waterway channel construction specifications
1.
Before approving a project to invest in building an inland waterway channel,
the investor must agree with the competent authority specified in Clause 2 of
this Article about the technical specifications of the channel.
2. Power
to reach agreement
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b)
Departments of Transport shall reach agreement on construction specifications
of local channels and dedicated channels connected to local channels.
3.
Contents of the agreement
a)
Conformity with the planning;
b) Scale
and specifications.
4.
Agreement application
a) An
application form for agreement on construction specifications of inland
waterway channel, which is made using Form No. 01 provided in the Appendix to
this Decree;
b) A
copy of the written approval of the project investment guidelines granted by
the competent authority (if any);
c)
Preliminary design document of the inland waterway channel.
5.
Agreement sequence
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Within
05 working days from the date of receiving a sufficient application as
specified, the competent authority specified in clause 2 of this Article shall
issue a written agreement on construction specifications of the inland waterway
channel to the investor.
Article
9. Power and procedures for announcing the opening of inland waterway channels
and management of inland waterway channels
1.
Before being put into operation, an inland waterway channel must have its
opening announced by a competent authority.
2. Power
to announce the opening of channels
a) The
Ministry of Transport shall decide to announce the opening of national channels
and dedicated channels connected to national channels;
a) Provincial
People’s Committees shall decide to announce the opening of local channels and
dedicated channels connected to local channels.
3.
Application for announcement of channel opening
a) An
application form for announcement of channel opening, which is made using Form
No. 02 provided in the Appendix to this Decree;
b) A
certificate of acceptance of the construction work to be put into service,
as-built drawings of the channel facility and inland navigation aids system for
the channel for which a construction investment project is available or the
channel that is renovated or upgraded;
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4.
Sequence of announcing the opening of a channel
a)
Regarding a national channel: The VIWA shall prepare and submit an application
to the Ministry of Transport. Within 05 working days from the date of receiving
an adequate application, the Ministry of Transport shall issue a decision on
announcement of channel opening;
b)
Regarding a local channel: The Department of Transport shall prepare and submit
an application to the provincial People’s Committee. Within 05 working days
from the date of receiving an adequate application, the provincial People’s
Committee shall issue a decision on announcement of channel opening;
c) For a
dedicated channel connected to a national channel: The organization or
individual shall submit 01 application to the VIWA, whether in person or by
another appropriate manner. Within 05 working days from the date of receiving
an adequate application, the VIWA shall appraise it. If all conditions are
satisfied, make a report to the Ministry of Transport. Within 05 working days
from the date of receiving the application and report from the VIWA, the
Ministry of Transport shall issue a decision on announcement of channel
opening;
d) For a
dedicated channel connected to a local channel: The organization or individual
shall submit 01 application to the Department of Transport, whether in person
or by another appropriate manner. Within 05 working days from the date of
receiving an adequate application, the Department of Transport shall appraise
it. If all conditions are satisfied, make a report to the provincial People’s
Committee. Within 05 working days from the date of receiving the application
and report from the Department of Transport, the provincial People’s Committee
shall issue a decision on announcement of channel opening;
dd) The
decision on announcement of channel opening shall be made using Form No. 03
provided in the Appendix to this Decree.
5. If an
inland waterway channel has been included in the approved planning and it is
only necessary to survey the channel and set up navigation aids for operation
thereof, the Ministry of Transport shall assign the VIWA and the provincial
People’s Committee to assign the Department of Transport to organize the
channel survey and set up navigation aids. After completing the channel survey
and setting up the navigation aids, the procedures for announcing the opening
of the channel shall be followed in accordance with this Decree. The funding
for surveying the channel and setting up navigation aids shall be covered by
the State budget for recurrent expenditures in accordance with regulations on
hierarchical management of state budget.
6.
Management of inland waterway channels
a) The
VIWA shall organize the management of national channels;
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c)
Organizations and individuals owning dedicated channels shall organize the
management of such dedicated channels.
7.
Compilation and announcement of lists of inland waterway channels
a) The
VIWA shall compile a list of national channels and dedicated channels connected
to national channels and submit it to the Ministry of Transport for
announcement;
b)
Departments of Transport shall compile a list of local channels and dedicated
channels connected to the local channel and submit it to the provincial
People’s Committee for announcement. After being announced, the list of
channels shall be sent to the VIWA for consolidation and monitoring;
c)
Organizations and individuals owning dedicated channels shall report data on
construction specifications of dedicated channels to the VIWA and Departments
of Transport to service the compilation and announcement of the list of
dedicated inland waterway channels;
d) A
list of inland waterway channels shall be updated, adjusted and announced every
3 years. The VIWA shall consolidate lists of inland waterway channels
nationwide and post them on its website.
Article
10. Conversion of inland waterway channels
1.
Conditions for conversion of an inland waterway channel
a) The approved
inland waterway infrastructure planning is conformed to;
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2. Power
to convert inland waterway channels
a) The
Ministry of Transport shall decide to convert local and dedicated channels into
national channels, and national channels into local channels;
b)
Provincial People’s Committees shall decide to convert dedicated channels into
local channels, and local channels into dedicated channels.
3.
Application for channel conversion
a) An
application form enclosed with the status quo report of the channel to be
converted, which is made by the VIWA (for national channels) and by the
Department of Transport (for local channels);
b) An
application form, which is made by the provincial People’s Committee (in case
of converting local channels into national channels or vice versa).
4. Where
a local channel is converted into a national channel or vice versa: the VIWA
shall preside over and cooperate with the Department of Transport in preparing
an application and reporting it to the provincial People’s Committee and the
Ministry of Transport. Within 05 working days from the date of receiving a
sufficient application as prescribed, the provincial People’s Committee shall
issue a document to the Ministry of Transport. Within 10 working days from the
date of receiving the document from the provincial People’s Committee, the
Ministry of Transport shall issue a decision on announcement of channel
conversion.
5. Where
a dedicated channel is converted into a national channel: The VIWA shall
preside over and cooperate with the organization or individual owning the
dedicated channel in preparing an application and submit it to the Ministry of
Transport. Within 10 working days from the date of receiving a sufficient
application as prescribed, the Ministry of Transport shall issue a decision on
announcement of channel conversion.
6. Where
a dedicated channel is converted into a local channel or vice versa: the
Department of Transport shall preside over and cooperate with the organization
or individual owning the dedicated channel in preparing an application and
submit it to the provincial People’s Committee. Within 10 working days from the
date of receiving a sufficient application as prescribed, the provincial
People’s Committee shall issue a decision on announcement of channel
conversion.
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8. In
the event that a dedicated channel is converted into a national or local
channel, a part of the investment capital (if any) is considered to be returned
to the organization or individual owning such dedicated channel in accordance
with regulations of law and guidelines of the Ministry of Finance’s.
Article
11. Announcement of closure of inland waterway channels
1. An
inland waterway channel is considered to be announced closed in the following cases:
a) The
safety of transport operation is not ensured;
b) The
closure is requested for national defense or security reasons;
c) The
need for operation and use of thereof is obviated.
2. Power
to announce the closure of inland waterway channels
The authority
deciding the announcement of channel opening specified in clause 2 Article 9 of
this Decree is also the one having the power to decide the announcement of
channel closure.
3.
Application for channel closure
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b) A
written request for the closure of the channel in the case specified in point b
clause 1 of this Article, which is prepared by the Ministry of National Defence
or the Ministry of Public Security;
c) An
application form for announcement of closure of an inland waterway channel,
which is made using Form No. 04 provided in the Appendix to this Decree in the
case specified in point c clause 1 of this Article;
d) A
plan for removal of inland navigation aids, which is formulated by the
authority, organization or individual managing the channel.
4.
Procedures for closing national and local channels
a) In
case of closing a channel as specified in point a clause 1 of this Article: After
the inspection, if the safety of transport operation fails to be ensured, the
VIWA or the Department of Transport shall send a written notice of suspension
of transport operation to the unit directly managing the channel and post it on
mass media, and at the same time prepare an application for announcement of
channel closure and submit it to the authority having power to close the
channel;
a) In
case of closing a channel as specified in point b clause 1 of this Article: the
Ministry of National Defence or the Ministry of Public Security requesting
channel closure must send a written notice explicitly stating the reasons for
channel closure and the time of channel closure to the VIWA or the Department
of Transport. The notice must be sent at least 30 days prior to the date of
requesting channel closure. Within 05 working days from the date of receiving
the notice from the Ministry of National Defence or the Ministry of Public
Security, the VIWA shall report to the Ministry of Transport or the Department
of Transport shall report to the provincial People’s Committee;
c) In
case of closing a channel as specified in point c clause 1 of this Article, the
VIWA (for national channels) or the Department of Transport (for local
channels) shall prepare and submit an application for channel closure to the
Ministry of Transport or the provincial People’s Committee, and organize the
removal of inland navigation aids within 60 days from the effective date of the
decision on channel closure;
d)
Within 10 working days from the date of receiving a sufficient application as
prescribed, the Ministry of Transport or the provincial People’s Committee
shall issue a decision on announcement of channel closure under their
management.
5.
Procedures for closing dedicated channels
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b) In
the case specified in point b clause 1 of this Article, the Ministry of
National Defence or the Ministry of Public Security requesting channel closure
must send a written notice explicitly stating the reasons for and the time of
channel closure to the organization or individual owning the dedicated channel,
the VIWA or the Department of Transport and the Ministry of Transport or the
provincial People's Committee. The notice must be sent at least 30 days prior
to the date of requesting channel closure;
c) In
the case specified in point c clause 1 of this Article, the organization or
individual owning the dedicated channel shall submit 01 application in person
or by another appropriate method to the VIWA (for national channels and
dedicated channels connected to national channels) or the Department of
Transport (for local channels and dedicated channels connected to local channels);
d)
Within 10 working days from the date of receiving a sufficient application as
prescribed, the VIWA shall appraise the application and if all conditions are
met, report it to the Ministry of Transport or the Department of Transport
shall appraise the application and if all conditions are met, report it to the
provincial People’s Committee. Within 10 working days from the date of
receiving the application and report in full from the VIWA or the Department of
Transport, the Ministry of Transport or the provincial People’s Committee shall
issue a decision on announcement of channel closure under its management;
dd) The
organization or individual owning the dedicated channel shall remove inland
navigation aids within 60 days from the effective date of the decision on
channel closure.
6. The
decision on announcement of channel closure shall be made using Form No. 05
provided in the Appendix to this Decree and must be sent to relevant
authorities, organizations and individuals within 02 days from the date of its
signature.
7. The
costs of closing national and local channels shall be covered by the State
budget for recurrent expenditures in accordance with regulation on hierarchical
management of state budget.
8. Costs
incurred in connection with closure of dedicated channels shall be paid by
organizations and individuals owning such dedicated channels, except for the
case specified in point b clause 1 of this Article where such costs shall be
paid by the authority requesting the channel closure.
Article
12. Survey of inland waterway channels
1.
Inland waterway channels in operation must be surveyed on a regular, periodic
and ad-hoc basis.
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a) The
VIWA, Departments of Transport, organizations and individuals owning dedicated
channels shall conduct surveys, make and digitize topographical maps (if any),
create, maintain and provide survey database and topographical maps in service
of the management, announcement and operation of the channels;
b) Organizations
and individuals that conduct channel surveys must provide survey results to the
authority specified in clause 4 Article 13 of this Decree for issuance of
channel notices, and assume responsibility for the data and information they
have provided.
3.
Funding for surveying and making topographical maps of inland waterway channels
a)
Funding for survey in service of channel management and issuance of notices of
national and local channels as prescribed in this Decree shall be covered by
the State budget for recurrent expenditures in accordance with regulations on
hierarchical management of state budget;
b)
Organizations and individuals managing dedicated channels shall provide funding
for survey in service of channel management and issuance of channel notices in
accordance with this Decree.
4. The Ministry of Transport shall elaborate the survey of
inland waterway channels.
Article
13. Notice of inland waterway channels
1.
Notice of an inland waterway channel means a document issued and announced by the
authority or organization specified in clause 4 of this Article according to
the survey results in service of the management and provision of information
and instructions for seafarers, steersmen, and related organizations and
individuals so as to ensure traffic safety.
2.
Contents of a channel notice
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b) For a
periodic channel notice: name, length, start point, end point, centerline
coordinates, width, depth and radius of curvature of the channel, technical
classification; representative elevation of the shoals along the channel,
names, coordinates, and elevations of obstacles and river-crossing facilities
on the channel failing to accommodate the waterway dimensions in
accordance with the technical classification, water level at the time of
survey, and other noteworthy issues;
c) For a
regular channel notice: name; width and depth of the channel in the area where
shoals exist, obstacles along the channel; water level at the time of survey;
other necessary warnings;
d) For
an ad-hoc channel notice: channel name; description of the ad-hoc incident;
location (coordinates, chainage, depth, vertical clearance) of the ad-hoc
incident; width and depth of the channel in the area where the ad-hoc incident
occurs; water level at the time of survey and the impact of ad-hoc incident on
transport activities; other necessary warnings.
3. Forms
of a channel notice
Notice
of an inland waterway channel shall be made in writing; posted on the website
and updated in the database and digital topographical maps of channels and
routes (if any) of the notifying authority specified in clause 4 of this
Article or on mass media.
4.
Responsibility for issuing notices
a) The
VIWA shall issue initial notices of national channels and dedicated channels
connected to national channels;
b)
Regional Inland Waterways Administration Branches shall issue periodical,
regular and ad-hoc notices of national channels and dedicated channels
connected to national channels;
c)
Departments of Transport shall issue initial, periodic, regular and ad-hoc
notices of local channels and dedicated channels connected to local channels;
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5. Time
limit for issuing notice of national and local channels: Within 02 working days
from the date of receiving the survey result report, the authority specified in
clause 4 of this Article shall inspect data and issue an inland waterway
channel notice using Form No. 06, Form No. 07, and Form No. 08 provided in the
Appendix to this Decree;
6. Time
limit for issuing notice of dedicated channels: The organization or individual
owning the dedicated channel shall submit an application form for announcement
of the channel notice made using the Form No. 09 provided in the Appendix to
this Decree to the authority specified in clause 4 of this Article. Within 03
working days from the date of receiving the report from the organization or
individual owning the dedicated channel, the notifying authority shall inspect
the data and issue the inland waterway channel notice.
Section
3. MANAGEMENT OF INVESTMENT IN CONSTRUCTION AND OPERATIONS OF INLAND PORTS,
INLAND LANDING STAGES AND ANCHORAGES
Article
14. General regulations on investment in construction and operations of inland
ports, inland landing stages and anchorages
1.
Investment in construction of inland ports, inland landing stages and
anchorages must comply with regulations of law on construction investment and
this Decree.
2. Water
areas of inland ports, inland landing stages and anchorages must not overlap
inland waterway channels. The length of the water areas of inland ports, inland
landing stages and anchorages must not exceed the area of land adjacent to
rivers, canals and ditches allocated by competent authorities for construction
of inland ports and inland landing stages.
3.
Operations of inland ports, inland landing stages and anchorages must be
announced by competent authorities in accordance with regulations before they
are put into operation and use. During the operation of inland ports, inland
landing stages and anchorages, investors and operators must observe regulations
of law on inland waterway traffic, other relevant laws, and contents of
decisions to announce the operations. The technical safety of cargo loading and
unloading machinery and equipment, and mooring equipment in service of the
operations of inland ports, inland landing stages and anchorages must be
ensured as per regulations.
4. For
inland ports, inland landing stages and anchorages where dangerous cargoes are
loaded, unloaded, or transshipped, regulations of law on storage and transport
of dangerous cargoes must be complied with.
5. For
an inland port, inland landing stage or anchorage whose operation period stated
in the announcement decision has expired and is not extended, its owner must
dismantle the facilities and equipment affecting traffic safety, sweep and
clear obstacles in water area of the inland port, inland landing stage or
anchorage (if any) within 60 days from the expiry of the operation period. The
authority having power to announce the operations of inland port, inland
landing stage or anchorage shall cooperate with the People’s Committee of the
commune, ward or commune-level town (hereinafter referred to as “communal
People’s Committee”) to supervise the dismantling of the facilities in the
inland port or inland landing stage and the clearance of obstacles in water
areas of the inland port, inland landing stage or anchorage.
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Article
15. Agreement on inland port and inland landing stage construction
specifications
1.
Contents of the agreement
a)
Location of construction of the inland port or inland landing stage;
b)
Functions of the inland port or inland landing stage;
c) Scale
of the inland port or inland landing stage.
2. Power
to reach agreement
a) The
Ministry of Transport shall reach agreement on construction specifications of
inland ports receiving foreign watercrafts;
b) The
VIWA shall reach agreement on construction specifications of inland ports on
national inland waterways or dedicated inland waterways connected to national
inland waterways, inland ports in water and land areas on both national and
local inland waterways, inland ports in seaport water areas connected to
national inland waterways, except for the case prescribed in point a of this
clause and other cases decided by the Ministry of Transport;
c)
Departments of Transport shall reach agreement on construction specifications
of inland ports on local inland waterways or dedicated inland waterways
connected to local inland waterways, inland ports in seaport waters connected
to local inland waterways, and inland landing stages in their provinces and
central-affiliated cities, except for the case prescribed in point a of this
clause and other cases decided by the Ministry of Transport;
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a) An
application form for agreement on inland port construction specifications,
which is made using Form No. 10 provided in the Appendix to this Decree;
b)
Project dossier;
c) A
copy of the written approval of the project investment guidelines granted by
the competent authority (if any);
d) A
topographical map of the location where the inland port will be constructed,
which shows the place name, location of the port, warehouse, yard, water area,
chainage (km) of the river, canal, or ditch; land area; adjacent structures (if
any). The drawing of the water area must show the minimum width from the edge
of the bank to the end of the channel’s width. The topographical map shall be
made based on the National Coordinate Reference System VN2000 and the State
elevations at the scale from 1/500 to 1/1000.
4. An
application for agreement on inland landing stage construction specifications
is composed of:
a) An
application form for agreement on inland landing stage construction
specifications, which is made using Form No. 10 provided in the Appendix to
this Decree;
b) A
copy of the written approval of the project investment guidelines granted by
the competent authority (if any);
c) A
topographical map of the location where the inland landing stage will be
constructed, which shows the place name, location of the inland landing stage,
area of land and area of water in front of the inland landing stage, chainage
(km) of the river, canal or ditch; adjacent structures (if any).
5.
Agreement sequence
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The
investor shall submit 02 applications, whether in person or another appropriate
method, to the VIWA (for inland ports specified in point b, clause 2 of this
Article) or the Department of Transport (for inland ports specified in point b
clause 2 of this Article) for appraisal. Within 05 working days from the date
of receiving a sufficient application as prescribed, the VIWA or the Department
of Transport shall appraise the application and if all conditions are met, send
a report on appraisal results and 01 application to the Ministry of Transport.
Within
05 working days from the date of receiving the report on appraisal results from
the VIWA or the Department of Transport, the Ministry of Transport shall seek
opinions from the Ministry of National Defence, the Ministry of Public
Security, and the provincial People’s Committee about the assurance of national
defense and security for the construction of the inland port; within 05 working
days from the date of receiving the written request of the Ministry of
Transport, the Ministry of National Defence, the Ministry of Public Security,
and the provincial People’s Committee shall send their written opinions to the
Ministry of Transport. Within 05 working days from the date of receiving the
written agreement of the Ministry of National Defence or the Ministry of Public
Security and the provincial People’s Committee, the Ministry of Transport shall
issue a written agreement on construction specifications and send it to the
investor;
b)
Inland ports not receiving foreign watercrafts
The
investor shall submit 01 application, whether in person or another appropriate
method, to the VIWA (or the Department of Transport. Within 05 working days
from the date of receiving a sufficient application as prescribed, the VIWA or
the Department of Transport shall send a written agreement on construction
specifications to the investor;
c)
Inland landing stages
The
investor shall submit 01 application, whether in person or by another
appropriate method, to the Department of Transport. For any inland landing
stage on national inland waterways or dedicated inland waterways connected to
national inland waterways, before issuing a written agreement, the Department
of Transport shall seek opinions from the regional Inland Waterways
Administration Branch. Within 05 working days from the date of receiving the written
request from the Department of Transport, the regional Inland Waterways
Administration Branch shall give a written response. Within 05 working days
from the date of receiving the written response from the regional Inland
Waterways Administration Branch, the Department of Transport shall send a
written agreement on construction specifications to the investor;
d) For
an inland port or inland landing stage located in seaport waters, before
appraisal and agreement on construction specifications, the VIWA or the
Department of Transport shall obtain written opinions from the maritime
administration. Within 05 working days from the date of receiving the written
request, the maritime administration shall give a written response.
6. The
maximum validity period of the written agreement on inland port or inland
landing stage construction specifications is 24 months from the date of its
signature. After the expiry date of the written agreement, if the investor has
yet to commence the construction and wishes to keep constructing the inland
port or landing stage, they shall re-initiate the procedures for agreement on
inland port or inland landing stage construction specifications as specified in
this Article.
Article
16. Agreement on construction specifications of river-crossing passenger
landing stages and inland landing stages in service of construction of main
structures
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a)
Location of construction of the landing stage;
b)
Functions of the landing stage;
c) Scale
of the landing stage;
2. Power
to reach agreement
Departments
of Transport shall reach agreement on construction specifications of
river-crossing passenger landing stages and inland landing stages in service of
construction of main structures in provinces and central-affiliated cities.
According to specific conditions, Departments of Transport may request
provincial People’s Committees to delegate authority to the People’s Committees
of provincial cities, district-level towns, districts and rural districts
(hereinafter referred to as “district level”) to reach agreement on
construction of river-crossing passenger landing stages and inland landing
stages in service of construction of main structures in the localities under
their management.
3.
Agreement application
a) An
application form for agreement on inland landing stage construction, which is
made using Form No. 10 provided in the Appendix to this Decree;
b)
A site plan of the location where the inland landing stage will be constructed,
which shows the place name, location of adjacent structures, land area, water
area in front of the landing stage, chainage (km) of the river, canal, or
ditch.
4.
Agreement sequence
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5. The
maximum validity period of the written agreement is 24 months, for
river-crossing passenger landing stages, or 03 months, for inland landing
stages in service of construction of main structures. After the expiry date of
the written agreement, if the investor has yet to commence the construction and
wishes to keep constructing the landing stage, they shall re-initiate the
procedures for agreement on landing stage construction as specified in this
Article.
6. In
the case where a river-crossing passenger landing stage has one or more
counterpart landing places in another province or city, before reaching
agreement on the construction of the landing stage, the competent authority
specified in clause 2 of this Article must reach agreement with the locality
where the counterpart landing place(s) is located.
Article
17. Naming and renaming inland ports, inland landing stages and anchorages
1. Every
inland port, inland landing stage or anchorage must be named following the
principles below:
a) The
inland port, inland landing stage or anchorage is named when a project on
investment in its construction is set up or when it is announced to be put into
use;
b) Name
of an inland port, inland landing stage or anchorage must not be identical to
the name of another inland port, inland landing stage or anchorage located
within the same province or confusingly similar to the name of an announced
inland port, inland landing stage or anchorage or inconsistent with the
functions of such inland port, inland landing stage or anchorage;
c) The
inland port, inland landing stage or anchorage must not be named or partially
named after any regulatory body, armed force unit, political organization, and
socio-political organization unless otherwise agreed by such body, unit or
organization;
d) Any
word or symbol that infringes upon the historical, cultural and moral
traditions and fine customs of the country must not be employed to name an
inland port, inland landing stage or anchorage;
dd) The
inland port, inland landing stage or anchorage shall have a Vietnamese name,
which may be accompanied by its English translation, starting with the phrase
“Cảng thủy nội địa” (“Inland port”) or “Bến thủy nội địa” (“Inland landing
stage”) or “Khu neo đậu” (“Anchorage”) followed by the proper name of the
inland port, inland landing stage or anchorage.
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Article
18. Announcement of operations of inland ports and inland landing stages
1. Power
to announce the operations
The
authority that reach agreement on inland port or inland landing stage
construction specifications specified in clause 2 Article 15 of this Decree is
also the authority having power to announce the operations of such inland port
or inland landing stage.
2. An
application for announcement of operations of an inland port
a) An
application form for announcement of operations of the inland port, which is
made using Form No. 12 provided in the Appendix to this Decree;
b) A
certified true copy or a copy, presented together with their originals for
comparison, of the written approval of the project on investment in
construction of the inland port granted by the competent authority;
c) A
certified true copy or a copy, presented together with their originals for
comparison, of the document on land use for construction of the inland port
issued by the competent authority;
d) A
copy of the decision approving the project or the technical design of the
inland port;
b) A
certificate of acceptance of the construction work to be put into service;
as-built drawing of the site, elevation and section drawings of the inland
port;
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g) A
copy of the technical safety and environmental protection certificate of the
pontoons or mooring buoy subject to registration (if the pontoons are used to
build a wharf);
h) An
acceptance certificate of fire safety issued by a competent authority in
accordance with regulations;
i) A
copy of the certificate of conformity to security regulations of the inland
port receiving foreign watercrafts (for the inland port receiving foreign
watercrafts);
k) A
copy of the competent authority’s decision on announcement of dedicated channel
opening (if any) for the inland port that has a dedicated channel.
3. An
application for announcement of operations of an inland landing stage
a) An
application form for announcement of operations of the inland landing stage,
which is made using Form No. 12 provided in the Appendix to this Decree;
b) A
certified true copy of the competent authority’s decision approving the project
on investment in construction of the inland landing stage, or a copy, presented
together with its original for comparison, regarding the inland landing stage
for which a construction investment project is available;
c) A
certified true copy of the document on land use for construction of the inland
landing stage or a copy presented together with its original for comparison,
unless it is a floating terminal;
d) A
certified true copy of the investor’s decision approving the economic -
technical report (for the inland landing stage for which a construction
investment project is available) or the plan for operation of the inland
landing stage;
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e) A
copy of the technical safety and environmental protection certificate of the
floating structures, vessels, pontoons or mooring buoys subject to registration
(if such floating structures, vessels, or pontoons are used to build the dock
or floating terminal).
4.
Sequence of announcing the operations
a)
Before putting an inland port or inland landing stage into operation, its owner
shall submit, in person or by another appropriate manner, 01 application for
announcement of operations to the VIWA (for inland ports receiving foreign watercrafts
on national inland waterways or dedicated inland waterways connected to
national inland waterways, and inland ports specified in point b clause 2
Article 15 of this Decree), or the Department of Transport (for inland ports
receiving foreign watercrafts on local inland waterways or dedicated inland
waterways connected to local inland waterways, and inland ports and inland
landing stages specified in point c clause 2 Article 15 of this Decree);
b) For
an inland port receiving foreign watercrafts: Within 05 working days from the
date of receiving a sufficient application as prescribed, the VIWA or the
Department of Transport shall appraise it. If all conditions are satisfied,
report to the Ministry of Transport. Within 05 working days from the date of
receiving the application and appraisal report in full, the Ministry of
Transport shall issue a decision on announcement of operations of the inland
port;
c) For
an inland port not receiving foreign watercrafts: Within 05 working days from
the date of receiving a sufficient application as prescribed, the VIWA or the
Department of Transport shall issue a decision on announcement of operations of
the inland port;
d) For
an inland landing stage: Within 05 working days from the date of receiving a
sufficient application as prescribed, the Department of Transport shall issue a
decision on announcement of operations of the inland landing stage.
5. The
decision on announcement of operations of an inland port or inland landing
stage shall be made using Form No. 13 provided in the Appendix to this Decree.
6. The
effective period of a decision on announcement of operations of an inland port
or inland landing stage shall be subject to the request of its owner but must
not exceed the term of land use for construction of such inland port or inland
landing stage or the operation period of the project mentioned in the
investment certificate granted by the competent authority.
7. In
the case where the construction of one or more wharves of an inland port has
been completed and the investor wishes to operate it/them immediately, the
investor must prepare an application for temporary operation thereof as
specified in clause 2 of this Article to the competent authority. The effective
period of the decision on announcement of temporary operations of the
wharf/wharves shall not exceed 01 year. This regulation does not apply to
inland ports receiving foreign watercrafts.
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a) In
case the operations of the inland port have been announced: if its owner wishes
to receive foreign watercrafts, such owner shall send a written report to the
Ministry of Transport. The Ministry of Transport shall seek opinions of the
Ministry of National Defence, the Ministry of Public Security and the
provincial People’s Committee on assurance of national defense and security for
such inland port in accordance with point a clause 5 Article 15 of this Decree.
Within 02 working days from the date of receiving the written agreement of the
Ministry of National Defence, the Ministry of Public Security, and the
provincial People’s Committee, the Ministry of Transport shall grant a written
approval for the inland port to receive foreign watercrafts to the owner;
b) The
port’s owner shall submit an application for inland port announcement as
specified in points a and i clause 2 of this Article to the Ministry of
Transport. Within 05 working days from the date of receiving the application
from the port’s owner, the Ministry of Transport shall issue a decision on
announcement of operations of the inland port receiving foreign watercrafts.
9.
Announcement of operations of an inland port in case where the need for
receiving foreign watercrafts is obviated
a) In
the case where an inland port has been announced to receive foreign watercrafts
but its owner has obviated the need for receiving foreign watercrafts, the
owner shall submit a written request (explicitly stating the reasons therefor)
to the Ministry of Transport. Within 05 working days from the date of receiving
the written request, the Ministry of Transport shall grant a written approval
to the port’s owner;
b)
The port’s owner shall submit an application form for inland port announcement
as specified in point a clause 2 of this Article to the VIWA or the provincial
Department of Transport. Within 05 working days from the date of receiving the
application form from the port’s owner, the VIWA or the Department of Transport
shall issue and send the decision on announcement of operations of the inland
port no longer receiving foreign watercrafts to the port’s owner and at the
same time to the Ministry of National Defence, the Ministry of Public Security,
and the provincial People’s Committee for monitoring.
10. The authority announcing operations of an inland port
or inland landing stage shall send the announcement decision to the investor,
the inland waterways port authority (hereinafter referred to as the “port
authority”), the maritime administration (for an inland port or inland landing
stage located within the water area of a seaport), the People’s Committee of
the commune where the inland port or inland landing stage is located, and
relevant organizations and individuals within 02 working days from the date of
signing the decision; update information about the announced inland port or
inland landing stage on the VIWA's database of inland ports and inland landing
stages.
Article
19. Announcement of operations of river-crossing passenger landing stages and
inland landing stages in service of construction of main structures
1. Power
to announce the operations
The
authority that reaches agreement on construction of the river-crossing
passenger landing stage or the inland landing stage in service of construction
of main structures specified in clause 2 Article 16 of this Decree is also the
one having power to announce the operations of such river-crossing passenger
landing stage or inland landing stage in service of construction of main
structures.
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a) An
application form for announcement of operations of the inland landing stage,
which is made using Form No. 12 provided in the Appendix to this Decree;
b) The
technical design document, an acceptance certificate of the facilities (if
any), a certified true copy of the document on land use for construction of the
landing stage (for river-crossing passenger landing stages); a copy of the
technical safety and environmental protection certificate of floating
structures, vessels, pontoons or mooring buoys subject to registration (if such
floating structures, vessels, or pontoons are used to build the landing stage);
3.
Sequence of announcing the operations
a)
Before putting the river-crossing passenger landing stage or the inland landing
stage in service of construction of main structures into operation, the landing
stage's owner shall submit 01 application for the announcement of operations
thereof in person or by another appropriate method to the competent authority
specified in clause 2 Article 16 of this Decree;
b)
Within 05 working days from the date of receiving a sufficient application as
prescribed, the competent authority specified in clause 2 Article 16 of this
Decree shall issue a decision on announcement of operations of the
river-crossing passenger landing stage or the inland landing stage construction
of main structures;
c) The
decision on announcement of operations of a river-crossing passenger landing
stage or inland landing stage construction shall be made using Form No. 13
provided in the Appendix to this Decree.
4.
Effective period of the decision on announcement of operations
a) The
effective period of a decision on announcement of operations of a
river-crossing passenger landing stage shall be subject to the request of its
owner but must not exceed the term of land use for construction of such
river-crossing passenger landing stage granted by the competent authority;
b) A
decision on announcement of operation of an inland landing stage in service of
construction of main structures shall be subject to the request of by its owner
but must not exceed the period of construction of main structures.
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Article
20. Re-announcement of operations and extension of operation period of inland
ports and inland landing stages
1.
Operations of an inland port or inland landing stage must be re-announced in
the following cases:
a)
Change of its scale or functions;
b)
Change of its land or water areas;
b)
Change of its owner.
2. Power
to re-announce operations or extend operation period of an inland port or
inland landing stage
The
authority that announces the operations of an inland port or inland landing
stage specified in clause 1 Article 18 and clause 1 Article 19 of this Decree
is also the one having the power to re-announce operations or extend operation
period of such inland port or inland landing stage.
3.
Application for re-announcement of operations
a) An
application form for re-announcement of operations of the inland port or inland
landing stage, which is made using Form No. 14 provided in the Appendix to this
Decree;
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c) The
documents specified in points d, dd and e clause 3 Article 18 of this Decree
for the structure of the inland landing stage that has been changed;
d) A
certified true copy or a copy, presented together with its original for
comparison, of the competent authority’s document on the change of land or
water area (in the case specified in point b clause 1 of this Article);
dd) A
certified true copy or a copy, presented together with its original for
comparison, of the documentary evidence of the change of the port or landing
stage’s owner (in the case specified in point c clause 1 of this Article).
4.
Sequence of re-announcement of operations
a) The
operator of the port or landing stage shall submit 01 application, in person or
by another appropriate method, to the VIWA or the Department of Transport;
b) For
any inland port not receiving foreign watercrafts or inland landing stage:
Within 05 working days from the date of receiving a sufficient application as
prescribed, the VIWA or the Department of Transport shall issue a decision on
re-announcement of operations of the inland port or the inland landing stage;
c) For any inland port receiving foreign watercrafts:
Within 05 working days from the date of receiving a sufficient application as
prescribed, the VIWA or the Department of Transport shall appraise it. If all
conditions are satisfied, report to the Ministry of Transport. Within 05 working days from the date of receiving the
application and appraisal report in full as prescribed, the Ministry of
Transport shall issue a decision on re-announcement of operations of the inland
port;
d) Where
the owner of the inland port or inland landing stage is changed, the new owner
of such inland port or inland landing stage must apply for re-announcement of
operations thereof within 10 working days from the date of receiving the inland
port or inland landing stage.
5. The
decision on re-announcement of operations of an inland port or inland landing
stage shall be made using Form No. 13 provided in the Appendix to this Decree.
The decision shall specify the changes only.
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a) Upon
the expiry of the operation period stated in the decision on announcement, if
the owner of the inland port or inland landing stage wishes to keep operating
it and is granted an extension of the land use term by the competent authority,
the extension of operation period shall be considered;
b) An
application for extension of the operation period consists of an application form
for extension of operation period of an inland port or inland landing stage;
documents related to the land for construction of such inland port or inland
landing stage of which the use term is extended by the competent authority;
c) The
owner of the inland port or inland landing stage shall submit 01 application in
person or by another appropriate method to the authority announcing the
operations of such inland port or inland landing stage. Within 05 working days
from the date of receiving a sufficient application as prescribed, the
authority having power to announce the operations of the inland port or inland
landing stage shall grant a written approval for extension of operation period
of such inland port or inland landing stage.
7. The
authority re-announcing operations or extending the operation period of the
inland port or inland landing stage shall send the decision on re-announcement
or the written approval for extension of operation period of the inland port or
inland landing stage to the operator of such port or landing stage, the port
authority, the People’s Committee of the commune where the inland port or
landing stage is located, and relevant organizations and individuals within 02
working days from the date of signing the decision; update information about
the announced inland port or inland landing stage on the VIWA's database of
inland ports and inland landing stages.
Article
21. Quality inspection of inland ports
1. The
port’s owner or operator shall inspect the quality of works. Details and
procedures for quality inspection of inland ports shall comply with regulations
of law on quality management and maintenance of construction works.
2. The
VIWA and Departments of Transport shall inspect the compliance with regulations
on quality control of inland ports by operators under their management.
Article
22. Repairing and dredging in water areas, renovation and upgradation of inland
ports and inland landing stages
1.
Inland ports and inland landing stages shall be renovated and upgraded to
change their scale and functions specified in the decisions on announcement in
accordance with the approved planning.
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Within
05 days from the date of receiving the written request from the owner of the
inland port or inland landing stage, the competent authority specified in
clause 2 Article 15 and clause 2 Article 16 of this Decree shall offer its
written opinions on the renovation and upgradation of such inland port or
inland landing stage.
3. The
renovation and upgradation of inland ports and inland landing stages shall
comply with regulations of law on construction. Before repairing, renovating,
upgrading or dredging an inland port or inland landing stage, the owner or
operator of such inland port or inland landing stage must send a notice
(explicitly stating the name of the inland port or inland landing stage; the
period; the scope of repair, renovation, upgrading or dredging) to the port
authority.
Article
23. Upgrading an inland landing stage to an inland port
1. An
inland landing stage will be upgraded to an inland landing stage if the
following conditions are satisfied:
a)
Operations of such inland landing stage have been announced;
b) The
planning approved by the competent authority is conformed to.
2.
Before upgrading an inland landing stage to an inland port, its owner shall
submit a written request in person or by another appropriate method to the
competent authority specified in clause 2 Article 15 of this Decree to obtain
the latter’s agreement on the upgradation from such inland landing stage to an
inland port. The written request must explicitly state the expected scale for
the upgrading; period of the renovation or upgrading; impacts of the renovation
or upgrading on the operations of vessels in the water area, cargo loading and
unloading machinery and equipment, and passenger and cargo transport
activities; adjacent structures.
Within
05 days from the date of receiving the written request from the owner of the
inland port, the competent authority specified in clause 2 Article 15 of this
Decree shall issue a written agreement on the specifications for the
upgradation from such inland landing stage to a port.
3. The
renovation and upgradation of inland landing stages shall comply with
regulations of law on construction.
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4. After
completing the renovation and upgrading, the landing stage’s operator must follow
procedures for announcement of operations of the inland port in accordance with
Article 18 of this Decree. In the case where scale and specifications of an
inland landing stage are conformable to the inland port technical
classification as prescribed (renovation or upgrading is not carried out), the
application for announcement of upgradation from an inland landing stage to an
inland port is composed of:
a) An
application form for announcement upgradation from an inland landing stage to
an inland port, made using Form No. 15 provided in the Appendix to this Decree;
b) A
written agreement on technical specifications of the competent authority for
the upgradation from the inland landing stage into an inland port;
c)
As-built drawing of the inland landing stage;
d) A
site plan of the work, land area and water area of the inland landing stage;
dd) A
dossier on on-site inspection and calculation of the inland landing stage
carried out by a consultancy having legal status.
Article
24. Closure and suspension of inland ports and inland landing stages
1. An
inland port or inland landing stage is announced closed in the following cases:
b) The
closure is requested for national defense or security reasons;
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2. Power
to announce the closure of inland ports and inland landing stages
The
authority that announces an inland port or inland landing stage specified in
clause 1 Article 18 and clause 1 Article 19 of this Decree is also the one
having power to announce the closure of such inland port or inland landing
stage.
3.
Application for announcement of closure of an inland port or inland landing
stage
a) A
written request, which is prepared by the Ministry of National Defence or the
Ministry of Public Security in the case specified in point a clause 1 of this
Article;
b) An
application form for closure of the inland port or inland landing stage from
the owner of such inland port or landing stage, in the case specified in point
b clause 1 of this Article.
4.
Procedures for announcement of closure of an inland port or inland landing
stage
a) The
Ministry of National Defence or the Ministry of Public Security requesting the
closure of the inland port or inland landing stage must send a notice to the
operator of such port or landing stage at least 60 days before the expected
date of closure of such inland port or inland landing stage in the case
specified in point a clause 1 of this Article. The notice must clearly state
the reasons for the closure. Within 10 days from the date of receiving the
notice, the operator of such inland port or inland landing stage is entitled to
put forward his/her proposition about and reach agreement on the closure of the
inland port or inland landing stage with the notifying authority;
b) The
Ministry of National Defence or the Ministry of Public Security, and the owner
of the inland port or inland landing stage shall send a written request or
application form for the closure of such inland port or inland landing stage to
the competent authority specified in clause 2 of this Article;
c)
Within 05 working days from the date of receiving a written request or
application form from the authority and the owner of the port or landing stage
as prescribed in point b of this clause, the competent authority shall issue a
decision on announcement of closure of the inland port or inland landing stage;
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dd) The
authority that issues the decision on announcement of closure of an inland port
or inland landing stage must send the decision to the owner of such inland port
or inland landing stage, the port authority, the People’s Committee of the
commune where the inland port or inland landing stage is located, relevant
organizations and individuals, and the Ministry of National Defence or the
Ministry of Public Security (in the case specified in point a clause 1 of this
Article) within 02 working days from the date of official approval for removal
of the inland port or inland landing stage from the registry of inland ports
and inland landing stages.
5.
Within 30 working days from the effective date of the decision on announcement
of closure of the inland port or inland landing stage, its owner shall clear
obstacles in the water area thereof (if any), and dismantle inland navigation
aids of such inland port or inland landing stage. The costs of clearing
obstacles in the water area of the inland port or inland landing stage (if any)
and dismantling the inland navigation aids of the inland port or inland landing
stage shall be paid by the owner thereof, except for the case specified in
point a clause 1 of this Article where such costs shall be paid by the
authority requesting the closure of the inland port or inland landing stage.
6. An
inland port or inland landing stage must be suspended in following cases:
a) It
has reached the end of its service life;
b) It is
involved in an incident that threatens its safety or the safety of people and
vessels; affects the safety of adjacent structures, the environment and the
community in accordance with regulations.
7.
Suspension of an inland port or inland landing stage
a) The
operator of an inland port or inland landing stage must send a written notice
to the port authority of the suspension of such inland port or inland landing
stage in the cases specified in clause 6 of this Article;
b) Upon
receiving the notice from the port’s operator in the case specified in point a
clause 6 of this Article, the port authority shall notify relevant authorities
and units of the suspension of the inland port or inland landing stage;
c) Upon
receiving the notice from the operator of the inland port or inland landing
stage in the case specified in point b clause 6 of this Article, the port
authority shall send a written request to the operator of such inland port or
inland landing stage to request the suspension of such inland port or inland
landing stage to repair the damage or respond to the incident, and at the same
time notify relevant authorities and units of the suspension of the inland port
or inland landing stage;
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dd) If a
port facility has reached the end of its service life, if the operator of the
inland port or inland landing stage wishes to keep using it, he/she shall
inspect the quality of the facility, renovate it or repair damage (if any) to
ensure the safety and serve functions of the facility and request the
announcement of operations thereof in accordance with this Decree.
Article
25. Establishment of anchorages
1.
Contents of the agreement on establishment of an anchorage
a)
Location and size of the anchorage;
b) Uses;
c) Scale
of the construction site (scope and mooring equipment).
2. Power
to reach agreement on establishment of an anchorage
a) The
VIWA shall reach agreement on establishment of anchorages on national inland
waterways or dedicated inland waterways connected to national inland waterways,
or anchorages on both national and local inland waterways, and other cases
decided by the Ministry of Transport;
b) The
Department of Transport shall reach agreement on establishment of anchorages on
local inland waterways or dedicated inland waterways connected to local inland
waterways, and other cases decided by the Ministry of Transport.
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a) An
application form for agreement on anchorage establishment, which is made using
Form No. 17 provided in the Appendix to this Decree;
b) A
copy of the written approval of the project investment guidelines granted by
the competent authority (if any);
c) A
site plan of the area where the anchorage will be established, which shall show
the extent of the anchorage, the bottom level, the location of the channel, the
adjacent structures (if any) based on the National Coordinate Reference System
VN2000 and the Vietnam State elevations at the scale from 1/500 to 1/2000.
4.
Sequence of agreement on establishment of an anchorage
a)
Before establishing an anchorage, the investor shall submit 01 application for
agreement on establishment of an anchorage in person or by another appropriate
method to the competent authority specified in clause 2 of this Article;
b)
Within 05 working days from the date of receiving a sufficient application as
specified, the competent authority specified in clause 2 of this Article shall
issue a written agreement on anchorage establishment to the investor.
Article
26. Announcement of operations of anchorages
1. Power
to announce the operations of an anchorage
The
authority that agrees to establish an anchorage specified in clause 2 Article
25 of this Decree is also the one having power to announce the operations of
such anchorage.
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a) An
application form for announcement of operations of the anchorage, made using
Form No. 18 provided in the Appendix to this Decree;
b) An
acceptance certificate of facilities to be put into use;
c) A
topographical map of the anchorage;
g) The
technical safety and environmental protection certificate of mooring buoys (if
mooring buoys are used);
dd) An
acceptance certificate of obstacle scanning.
3.
Sequence of announcement of operations of an anchorage
a) The
investor shall submit 01 application for announcement of operations of the
anchorage in person or by another appropriate method to the competent authority
specified in clause 1 of this Article;
b)
Within 05 working days from the date of receiving a sufficient application as
prescribed, the competent authority shall issue a decision on announcement of
operations of the anchorage;
c) The
decision on announcement of operations of the anchorage shall be made using
Form No. 19 provided in the Appendix to this Decree. The authority announcing
the operations of the anchorage shall send the decision on announcement of
operations to the investor, the port authority, the regional Inland Waterways
Administration Branch, and relevant organizations and individuals within 02
working days from the date of signing the decision.
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Article
27. Announcement of closure of anchorages
1. An
anchorage shall be announced closed in the following cases:
b) For
national defense or security reasons;
b) For
traffic safety reasons;
c) At
the request of the investor.
2. Power
to announce closure of an anchorage
The
authority that announces operations of the anchorage as specified in clause 1
Article 26 of this Decree is also the one having power to announce the closure
of such anchorage.
3.
Application for announcement of closure of the anchorage
a) A
written request, which is prepared by the Ministry of National Defence or the
Ministry of Public Security in the case specified in point a clause 1 of this Article;
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c) A
completion certification of removal of navigation aids and mooring equipment;
completion certification of obstacle scanning in the water area of the
anchorage.
4.
Procedures for announcing the closure of the anchorage
a) In
the case specified in point a clause 1 of this Article: The Ministry of
National Defence or the Ministry of Public Security shall notify the investor
at least 60 days before the expected date of closure of the anchorage. The
notice must clearly state the reasons for the closure. If the investor does not
express any proposition about the closure of the anchorage, the Ministry of
National Defence or the Ministry of Public Security shall send a written
request to the authority specified in clause 2 of this Article;
b) In
the case specified in point b clause 1 of this Article: The VIWA or the
Department of Transport shall notify that a survey will be conducted and shall,
with the participation of the investor, prepare a report on status quo of the
anchorage which specifies that traffic safety is not ensured due to the change
of the waterway channel; request the investor to suspend the anchorage;
c) In
the case specified in point c clause 1 of this Article: The investor shall
submit an application form for closure of the anchorage in person or by another
appropriate method to the authority specified in clause 2 of this Article;
d)
Within 05 working days from the date of receiving the written request from the
Ministry of National Defence or the Ministry of Public Security or the record
of site survey of the anchorage or the application from the investor in the
anchorage, the competent authority specified in clause 2 of this Article shall
issue a decision on announcement of closure of the anchorage.
5. The
decision on announcement of anchorage closure shall be made using Form No. 21
provided in the Appendix to this Decree. The authority announcing the closure
of the anchorage shall send the decision on announcement of closure of the
anchorage to the investor, the port authority, and relevant organizations and
individuals within 02 days from the date of signing the decision.
6.
Within 15 working days from the date of receiving the decision on announcement
of closure of the anchorage, the investor shall remove navigation aids and
mooring equipment, and scanning obstacles in the water area of the anchorage.
Where the anchorage is closed in accordance with point a clause 1 of this
Article, the costs of removing navigation aids and mooring equipment, and
scanning obstacles in the water area of the anchorage shall be paid by the
authority requesting the closure of such anchorage.
SECTION
4. MANAGEMENT OF NAVIGATION AIDS AND
OTHER INLAND WATERWAY NAVIGATION INFRASTRUCTURE FACILITIES
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1. Establishment
of inland navigation aids means an authority, organization or individual
installing navigation aids on inland waterways, at construction sites and
locations of obstacles, and in areas where activities that affect inland
waterway traffic safety are conducted. Navigation aids to be established must
comply with the National technical regulation on Vietnam Inland Navigation
Aids.
2.
Inland waterway facilities where navigation aids must be established:
a)
Inland waterway channels;
b)
Inland ports, inland landing stages, anchorages;
c) Ship
locks, facilities used to help vessels pass dams or falls;
d)
Embankments, dams, bridges, ferry landing stages, fishing ports;
dd) Wind
power, thermal power, hydro power facilities;
e)
Facilities over or underneath the channel;
g)
Obstacles;
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i) Other
facilities.
3.
Inland waterway activities for which navigation aids must be established:
a)
Construction of facilities; exploration and mining of natural resources and
minerals;
b)
Aquaculture areas (fish rafts, fish cages, bottom gillnets and aquaculture
milieus); organization of entertainment and amusement activities, drills,
sports events and festivals; holding of markets and craft villages; vocational
practicing on inland waterways, channel protection corridors, waters outside
channels or in water areas of inland ports and inland landing stages;
c) Areas
for regulation and on-duty prevention of collision, traffic support, and
traffic restriction;
d) Other
activities affecting the inland waterway traffic safety.
4.
Responsibilities for approving navigation aids plans, establishing and
maintaining navigation aids on inland waterways
a) The
VIWA shall approve navigation aids plans and organize the establishment and
maintenance of the navigation aids systems on national channels;
b) The
VIWA shall approve navigation aids plans and organize the establishment and
maintenance of the navigation aids systems on local channels;
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d)
Owners of facilities, organizations and individuals causing obstacles; or
organizations and individuals organizing activities on inland waterways shall establish
and maintain navigation aids as specified throughout the construction of
facilities or organization of activities, and existence of such facilities or
obstacles;
dd) The
units in charge of inland waterway management and maintenance, organizations and
individuals in charge of dedicated inland waterway management shall establish
navigation aids in the event of shipwrecks and in other unexpected situations
that threaten traffic safety on channels and channel protection corridors. At
the same time, they shall immediately report the cases to the regional Inland
Waterways Administration Branches or Departments of Transport.
5. Costs
of establishing inland navigation aids
a)
Funding for establishing and maintaining navigation aids systems on national
and local channels, except for the navigation aids specified in point c of this
clause shall be covered by the state budget in accordance with regulations on
hierarchical management of state budget;
b)
Funding for establishing and maintaining the navigation aids systems on
dedicated channels shall be paid by organizations and individuals owning the
dedicated channels;
c)
Funding for establishing and maintaining the navigation aids systems at
facilities, obstacles and areas specified in point d clause 4 of this Article
shall be paid by owners of the facilities or obstructions, and organizations
and individuals that carry out such activities;
d)
Regarding navigation aids at facilities invested in using the State budget
under the management of the Ministry of Transport on national inland waterways,
after the establishment of navigation aids is done, investors shall transfer
such navigation aids to the VIWA for management and maintenance in accordance
with regulations;
dd)
Regarding navigation aids at facilities invested in using the state budget
under the management of provincial People's Committees on local inland
waterways, after the establishment of navigation aids is done, investors shall
transfer such navigation aids to the Departments of Transport for management
and maintenance in accordance with the regulations.
6. The
Minister of Transport shall promulgate the National technical regulation on
Vietnam Inland Navigation Aids.
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1. The
following navigation aids must be agreed upon before being established
a)
Navigation aids on dedicated channels;
b)
Navigation aids at facilities specified in points d, dd and e clause 2 and
clause 3 Article 28 of this Decree.
2. Power
to agree on establishment of navigation aids
a)
Regional Inland Waterways Administration Branches shall agree on establishment
of navigation aids on dedicated channels connected to national channels,
facilities and areas specified in point b clause 1 of this Article on national
inland waterways and dedicated inland waterways connected to national inland
waterways, except for the navigation aids to be established at inland ports and
inland landing stages;
b)
Departments of Transport shall agree on establishment of navigation aids on
dedicated channels connected to local channels, facilities and areas specified
in point b clause 1 of this Article on local inland waterways and dedicated
inland waterways connected to national inland waterways.
3.
Contents of the agreement
a)
Location of navigation aids;
b)
Quantity and size of navigation aids;
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4.
Application for agreement on establishment of navigation aids
a) An
application form for agreement on navigation aids establishment, which is made
using Form No. 22 provided in the Appendix to this Decree;
b)
Expected layout plan of navigation aids.
5.
Agreement sequence
a) Any
organization or individual wishing to establish navigation aids shall submit 01
application in person or by post or by another appropriate method to the
competent authority specified in clause 2 of this Article;
b)
Within 05 working days from the date of receiving a sufficient application as
specified, the competent authority specified in clause 2 of this Article shall
issue a written agreement on navigation aids establishment to the investor.
6. Each
organization or individual managing dedicated inland waterways shall send a
notice of the establishment of navigation aids and putting thereof into use on
dedicated channels according to the Form No. 23 provided in the Appendix to
this Decree.
Article
30. Investment in construction of other inland waterway infrastructure facilities
Upon
making investment in construction of ship locks, facilities used to help
vessels pass dams or falls; traffic embankments and dams; elevation markers,
coordinate markers, boundary markers of channel protection corridors, stations
and auxiliary facilities, regulations of law on construction investment, fire
safety, environmental protection, and climate change response must be complied
with; appropriate technological plans and construction designs must be in place
to ensure quality and safety in construction, operation, and use of such
facilities.
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Article
31. General regulations on protection of inland waterway infrastructure
facilities
1.
Inland waterway infrastructure facilities must be protected to maintain their
normal operation in accordance with the Law on Inland Waterway Traffic and this
Decree. Illegal encroachment, destruction, dredging and dismantling of inland
waterway infrastructure facilities must be detected, promptly prevented, and
handled in accordance with regulations.
2.
Before putting any inland waterway infrastructure facility into operation and
use, the investor must send a written notice to the People's Committee of the
commune where the facility is located for cooperation in protection thereof.
The notice must explicitly state the name, scale and uses of the facility, and
the time it is put into operation and use.
Article
32. Contents of protection of inland waterway infrastructure facilities
1.
Inland waterway infrastructure facilities must be protected to maintain their
normal operation in accordance with the Law on Inland Waterway Traffic and this
Decree.
2.
Protection of inland waterway channels
a)
Channels announced and put into use must be maintained in accordance with
design standards or channel standards according to the technical classification
and the capacity of the state budget;
b) For
facilities over or underneath the channels (underwater/underground), the safe
height and depth of channel bottoms shall align with the inland waterway
technical classification standard announced;
c)
Within the channel, it is not permitted to install fixed fishing gears or mine
minerals against the law;
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3.
Protection of inland waterway protection corridors
a)
Dimensions of a channel protection corridor must not be changed, reduced or
trespassed upon the channel protection corridors;
b)
Within a channel protection corridor, it is not permitted to build houses or
other structures, exploit natural resources without consent of competent
authorities and install fixed fishing gears;
c) When
a channel protection corridor is changed, facilities, mineral mining and
fishing operations, craft villages, and floating markets must be moved and
narrowed or obstacles on the channel shall be cleared after the change.
4. With
regard to other inland waterway infrastructure facilities, the following acts are
prohibited:
a)
Allowing materials, vessels and equipment to cause landslides or damage
facilities;
b)
Anchoring or mooring vessels or tying animals to signaling buoys, signposts,
water benchmarks, survey markers, coordinate markers, boundary markers of
channel protection corridors;
c)
Illegally using explosives or mining minerals, or committing other acts that
affect facilities;
d)
Discharging hazardous substances which affect the durability and service life
of facilities.
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Width of
a channel protection corridor shall be determined from the edge of the channel
to each side. If the channel is already included in the approved planning, the
width shall be determined in accordance with the planning’s technical
classification. To be specific:
1. If
the channel is not close to the shore, the width of the channel protection
corridor is:
a) From
20 m to 25 m, for inland waterway channels on lakes, bays, and estuaries,
channels along the coast, and special-class channels;
b) From
15 m to 20 m, for inland waterway channels of Class I and Class II;
c) From
10 m to 15 m, for inland waterway channels of Class III and Class IV;
d) 10 m,
for inland waterway channels of Class V and Class VI;
2. If
the channel is close to the shore, the width of the channel protection corridor
shall be at least 5 m from the natural shoreline back to the shore. If the
channel passes through any city, district-level town or commune-level towns,
the width of the channel protection corridor shall be the red line boundary in
the planning approved by the competent authority.
3.
Depending on characteristics of each area, the VIWA or the Department of
Transport shall preside over cooperating with the Department of Natural
Resources and Environment in determining specific natural shorelines in service
of the protection of inland waterway infrastructure.
4. In
the case where the channel protection corridor overlaps the safety corridors of
a road bridge or rail bridge, the width of channel protection corridor shall be
determined from the edge of the channel to the natural shorelines and comply
with the law regulations on protection of safety corridors of road bridges or
rail bridges.
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6. In
the case where the channel protection corridor overlaps the protection
perimeter of works serving natural disaster management and flood control system
protection, and hydraulic structures, regulations of law on natural disaster
management, flood control system protection, and operation and protection of
hydraulic structures shall be complied with.
7. In
the case where the channel protection corridor overlaps the protection corridor
of a water source, regulations of law on protection of channel protection
corridors shall be complied with.
8. When
setting up a project to build or upgrade or expand inland waterway channels,
the investor must rely on the inland waterway infrastructure planning to
clearly determine the technical classification of the inland channels, at the
same time determine the width of channel protection corridors and plant
boundary markers after such project is completed.
Article
34. Management of channel protection corridors
1.
Prepare documentation for management of channel protection corridors
a)
Documentation for management of channel protection corridors must include
updates on the facilities affecting the safety of inland waterways, and the
scope, time of appearance and process for handling thereof; boundary markers of
channel protection corridors;
b) The
VIWA shall prepare documentation for management of national channel protection
corridors. Departments of Transport shall prepare documentation for management
of local channel protection corridors. Organizations and individuals owning
dedicated channels shall prepare documentation for management of dedicated
channel protection corridors.
2. When
any channel protection corridor is changed, the VIWA, Departments of Transport,
organizations and individuals owning dedicated channels must notify owners of
the facilities, organizations and individuals involved in activities on inland
waterways so as for them to move, narrow or clear obstacles.
3.
Authorities, organizations and individuals involved in channel management must
plant boundary markers of channel protection corridors and inform the People's
Committee of the commune where the boundary markers are located for cooperation
in protection.
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1.
Organizations and individuals assigned to manage facilities shall preside over
and cooperate with People's Committees at all levels in protecting inland
waterway infrastructure facilities.
2.
Organizations and individuals, when detecting any inland waterway
infrastructure facility that is infringed upon, shall promptly inform the
communal People's Committee, inland waterway authority or nearest police
authority. The informed authorities or units must request facility owner to
promptly take remedial measures to achieve a smooth and safe
traffic flow.
Chapter
III
MANAGEMENT OF INVESTMENT IN CONSTRUCTION
OF FACILITIES OUTSIDE OF INLAND WATERWAY INFRASTRUCTURE
Article
36. General regulations on investment in construction of facilities outside of
inland waterway infrastructure and activities related to inland waterways
1. For
any construction project outside inland waterway infrastructure and any
activity specified in clauses 2 and 3 of this Article related to inland
waterway traffic or channel protection corridors or in water areas of inland
ports, inland landing stages, and anchorages, upon setting up such investment
project or organizing such activity, an agreement with the competent authority
specified in clause 1 Article 37 of this Decree shall be reached.
2.
Facilities include:
a)
Facilities in service of national defense and security tasks;
b)
Embankments, irrigation dams, bridges, ferry landing stages;
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d)
Facilities over or underneath channels;
dd)
Other facilities affecting inland waterway traffic safety.
3.
Activities include:
a)
Construction activities (including dredging of water areas of inland ports,
inland landing stages, and anchorages); mining of natural resources and
minerals;
b)
Aquaculture areas (fish rafts, fish cages, bottom gillnets and aquaculture
milieus); organization of entertainment and amusement activities, drills,
sports events and festivals; holding of markets and craft villages; vocational
practicing;
c) Other
activities affecting inland waterway traffic safety.
Article
37. Power to reach agreement on contents related to inland waterways for
facilities outside of inland waterway infrastructure and activities on inland
waterways
1. Power
to reach agreement
a) The
Ministry of Transport shall reach agreement on defense and security facilities
and activities related to inland waterway traffic on national inland waterways
and dedicated inland waterways connected to national inland waterways;
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c) The
VIWA shall reach agreement on contents related to inland waterways for
facilities and activities on national inland waterways, dedicated inland waterways
connected to national inland waterways, and channel protection corridors,
except for the case specified in point a of this clause;
d)
Departments of Transport shall reach agreement on contents related to inland
waterways for facilities and activities on local inland waterways, dedicated
inland waterways connected to local inland waterways, and channel protection
corridors, except for the case specified in point b of this clause.
dd) Port
authorities and Departments of Transport (of the provinces where a port
authority is unavailable) shall reach agreement on the dredging and renovation
of water areas of inland ports, inland landing stages, and anchorages under
their management.
2.
Contents of the agreement
a) For
permanent and temporary bridges: construction locations and dimensions of
bridge opening (width and clearance height);
b) For
swing bridges, drawbridges, pontoon bridges, traffic-hydraulic structures and
traffic-hydropower facilities: construction locations dimensions of bridge
opening (width, clearance height, length, depth of lock sill);
c) For
lines, pipelines, and facilities over channels: construction locations,
clearance height of lines, pipelines and facilities over channels;
d) For
underground facilities, pipelines and lines underneath the channel bottoms:
construction locations; depth from the top of underground facilities, pipelines
and lines;
dd) For
areas of construction of facilities and mining of natural resources and
minerals: locations, scope of mining area, elevation of dredging and mining;
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Article
38. Procedures for agreement on contents related to inland waterways for
facilities outside of inland waterway infrastructure and activities on inland
waterways
Every
investor, organization or individual that organizes inland waterway activities
shall submit 01 application for agreement on contents related to inland
waterways in person or by another appropriate method to the competent authority
specified in clause 1 Article 37 of this Decree. An application includes:
1. An
application form for agreement on inland landing stage construction, which is
made using Form No. 24 provided in the Appendix to this Decree;
2. A
cross section drawing of the facility displayed on the cross section of the
river.
3. A
construction site drawing based on the National Coordinate Reference System
VN2000 and the Vietnam State elevations. The drawing shall show the
construction location and natural elevations, terrain and topographic relief of
the river or canal in the construction site, adjacent structures (if any) and
the following documents:
a) For
permanent and temporary bridges: dimensions of the bridge opening (location,
width, and clearance height); longitudinal section of the facility displayed on
the cross section of the river or canal;
b) For
swing bridges, drawbridges, pontoon bridges, traffic-hydropower facilities:
dimensions of bridge opening (location, width, clearance height, length, depth
of lock sill); opening and closing solutions and technologies; design drawings
of expected locations and water areas where vessels will anchor while waiting
for passing through the facility;
c) For
pipelines, lines and facilities over channels: drawing and data on clearance
height, showing the highest point of the pipeline, line (the lowest point of
the power cable line, including the power grid safety corridor), or facility
over channels;
d) For
underground facilities, lines and pipelines underneath the channel bottom: a
drawing showing the distance from the top level of the facility to the bottom
level of the channel design, the width of the channel and channel protection
corridor;
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e) For
facilities in service of national defense and security; wind and thermal power
projects; for ferry landing stages, embankments: drawings showing the premises
of the port; embankment and other training structures; dimensions and structure
of wharves, embankments, other training structures and auxiliary works; water
area of the port.
4. For
any activity specified in clause 3 Article 36 of this Decree, an application
consists of:
a) An
application form, which is made using the Form No. 24 provided in the Appendix
to this Decree;
b) A
drawing showing the scope of the operation area, the channel width and the
channel protection corridor, distance to the relevant facilities within the
area and navigation aids layout plan for assurance of inland waterway traffic
safety;
c) Cross
sections and dossiers on markers to determine the scope and elevation upon
dredging and mining of natural resources and minerals (for dredging and
renovation of water areas of inland ports, inland landing stages, dedicated
channels into inland ports, inland landing stages and anchorages; mining of
natural resources and minerals).
5.
Within 05 working days from the date of receiving a sufficient application as
prescribed, the competent authority specified in clause 1 Article 37 of this
Decree shall send a written agreement to the investor.
Article
39. Notice of putting of facilities outside of inland waterway infrastructure
into use
1.
Within 05 working days from the date of acceptance of a facility to put it into
use, the investor shall send a written notice to the regional Inland Waterways
Administration Branch (for facilities on national inland waterways, channel
protection corridors, water areas outside national channels and dedicated
inland waterways connected to national inland waterways), or the Department of
Transport (for facilities on local inland waterways, channel protection
corridors, water areas outside local channels and dedicated inland waterways connected
to local inland waterways).
2.
Contents of the notice
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b)
Location (chainage, place name, coordinates);
c) Main
specifications of the facility;
d)
Starting date of operation.
3. The
notice of putting of a facility outside of inland waterway infrastructure into
use shall be prepared using Form No. 25 provided in the Appendix to this
Decree.
Chapter
IV
ASSURANCE OF SAFETY, SECURITY,
ENVIRONMENTAL PROTECTION IN INLAND WATERWAY-RELATED ACTIVITIES
Section
1. ASSURANCE OF SAFETY IN INLAND WATERWAY-RELATED ACTIVITIES
Article
40. Safety assurance in case of restricted access
1. Cases
in which access to inland waterways is restricted:
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b)
Facilities are constructed on channels, channel protection corridors, water
areas of ports, inland landing stages, and anchorages, and water areas that
have not been managed by any organization but in which transport activities
have been conducted resulting in the incidents that affect traffic safety;
c)
Facilities on inland waterways restrict the announced channel standards;
d)
Natural disaster management and rescue operations are carried out;
dd)
National defense and security activities are carried out;
e) Drill
activities, activities at sports events, festivals, amusement and entertainment
activities, vocational practicing activities, activities at markets and craft
villages are carried out.
2. Power
to announce restricted access
a) The
VIWA shall announce restricted access in cases of ensuring national defense and
security on national inland waterways, dedicated inland waterways connected to
national inland waterways and water areas which are not managed by any
organization but in which transport activities have been conducted, which are
adjacent to the national channel protection corridors;
b)
Regional Inland Waterways Administration Branches shall announce restricted
access in the cases specified in clause 1 of this Article on national inland
waterways, dedicated inland waterways connected to national inland waterways
and water areas which are not managed by any organization but in which
transport activities have been conducted, which are adjacent to the national
channel protection corridors, except for the case specified in point a of this
clause;
c)
Departments of Transport shall announce restricted access in the cases
specified in clause 1 of this Article on local inland waterways, dedicated
inland waterways connected to local inland waterways or water areas which are
not managed by any organization but in which transport activities have been
conducted in provinces and central-affiliated cities, except for the water
areas specified in points a and b of this clause;
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3.
Procedures for announcing restricted access to inland waterways
a) Each
investor, organization or individual, before constructing any facility or
organizing any activity on inland waterways, shall send an application form for
announcement of restricted access to inland waterways (explicitly specifying
locations and period of construction restriction) and the approved plan to
ensure traffic safety to the competent authority specified in clause 2 of this
Article;
b)
Within 05 working days from the date of receiving a sufficient application as
specified, the competent authority specified in clause 2 of this Article shall
issue an announcement of restricted access to inland waterways and send it to
the investor or organization or individual;
c) In
case of unexpected obstacles; natural disaster management, rescue operations on
inland waterways that restrict the announced channel standards, the competent
authority specified in clause 2 of this Article shall, depending on actual
requirements, determine measures to ensure traffic safety and announce
restricted access to inland waterways.
4. The Minister of Transport shall elaborate on control and
regulation for traffic safety assurance, prevention of collisions and
restriction of access to inland waterways.
Article
41. Inland waterway safety assurance plans
1. For
construction projects and areas where activities related to inland waterway
traffic are organized (on channels, channel protection corridors, water areas
of inland ports, inland landing stages, anchorages and water areas which are
not managed by any organization but in which transport activities have been
conducted) specified in clauses 2 and 3 Article 36 of this Decree, plans and
measures should be in place to ensure traffic safety during the construction of
such facilities and organization of such activities.
2.
Responsibility for formulation and implementation of plans
Investors
or construction contractors, organizations and individuals that organize
activities related to inland waterway traffic shall be formulate and organize
implementation of traffic safety assurance plans that have been approved by the
competent authorities.
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a) The
VIWA shall approve navigation safety assurance plans for facilities and
activities in service of national defense and security on national inland
waterways and dedicated inland waterways connected to national inland
waterways;
b)
Regional Inland Waterways Administration Branches shall approve traffic safety
assurance plans for facilities and activities on national inland waterways;
dedicated inland waterways connected to national inland waterways, water areas
which are not managed by any organization but in which transport activities
have been conducted adjacent to the national channel protection corridors,
except for the cases specified in points a and d of this clause;
c)
Departments of Transport shall approve traffic safety assurance plans for
facilities and activities on local inland waterways; dedicated inland waterways
connected to local inland waterways, water areas which are not managed by any
organization but in which transport activities have been conducted in provinces
or central-affiliated cities, except for the case specified in point d of this
clause. Depending on the actual situation, Departments of Transport shall
submit the plans to provincial People's Committees so as for them to authorize
or decentralize authority to district-level People's Committees to grant
approval therefor;
dd) Port
authorities shall approve traffic safety assurance plans for repair,
renovation, upgradation and other activities in the water areas of inland ports,
inland landing stages, and anchorages under their management.
4.
Contents of a traffic safety assurance plan.
a)
General information about the facility, project on facility construction and
organization of the activity;
b)
Duration of construction or organization of the activity;
c) Plan
for construction or organization;
d)
Measures to ensure navigation safety;
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5.
Application for approval of a traffic safety assurance plan
a) An
application form for approval of the traffic safety assurance plan, which is
made using the Form No. 26 provided in the Appendix to this Decree;
b)
Construction plan, duration and schedule for construction of the facility or
organization of the activity;
c) The
traffic safety assurance plan;
d) A
photocopy of overall layout drawing of the facility, the scope of construction
or activity organization.
6.
Approval sequence
a) Each
investor, organization or individual, before constructing any facility or organizing
any activity specified in clause 1 of this Article, shall send 01 application
in person or by another appropriate manner to the competent authority specified
in clause 3 of this Article requesting the approval thereof;
b)
Within 05 working days from the date of receiving a sufficient application as
specified, the competent authority specified in clause 3 of this Article shall
send a written approval of the traffic safety plan to such investor,
organization, or individual.
7. In
case an accident or incident occurs on inland waterways due to a force majeure
event, disrupting the traffic, the VIWA or Departments of Transport,
organizations or individuals owning dedicated channels must promptly organize
the formulation and implementation of traffic safety assurance plans in the
areas where such accident or incident occurs.
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Section
2. SECURITY ASSURANCE AT INLAND PORTS RECEIVING FOREIGN WATERCRAFTS AND INLAND
WATERWAY PILOTAGE
Article
42. Security assurance at inland ports receiving foreign watercrafts
1.
Security assurance at an inland port receiving foreign watercrafts means the
implementation of measures to ensure security and safety of persons, vessels
and facilities at such port by assessing security and formulating a security
plan that shall be approved by the competent authority. Such authority shall
also issue the security conformity certificate to the inland port receiving
foreign watercrafts.
2.
Security assurance at inland ports shall apply to foreign watercrafts and
seagoing ships with a total tonnage of 500 GT or more operating on
international routes.
3.
Security of inland ports receiving foreign watercrafts is classified into 03
levels.
a)
Security Level 1 is the level at which the appropriate security protection
measures are maintained continuously;
b)
Security Level 2 is the level at which additional security protection measures
are maintained during the period over which there is a threat of a security
incident;
c)
Security Level 3 is the level at which specific security protection measures
are maintained for a limited period when a security incident is probable or
imminent though a specific target cannot be determined.
4.
Security measures for an inland port receiving foreign watercrafts must be
appropriate to each security level.
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b)
Regarding Security Level 2, additional security measures in the security plan
must be implemented for each activity specified in point a of this clause;
b)
Regarding Security Level 3, enhanced protection measures in the security plans
must be implemented for each activity specified in point a of this clause.
5. The
security assessment of inland ports receiving foreign watercrafts shall be made
for the first time and on an annually basis by every port operator using the Form
No. 27 provided in the Appendix to this Decree with participation of
representatives of relevant regulatory bodies at the ports.
6.
Security plans for inland ports receiving foreign watercrafts
a) A
security plan for an inland port receiving foreign watercrafts (hereinafter
referred to as the “security plan”) shall be made by each port operator using
Form No. 28 provided in the Appendix to this Decree and sent to the competent
authority for approval, which aims to facilitate the application of measures to
protect the port, persons, vessels, cargoes, cargo carriers, and supplies for
vessels within the port, and avoid the threat of a security incident;
b) A
security plan shall be developed and maintained by way of inland port security
assessment. The security plan must include appropriate measures for each
security level specified in clause 3 of this Article.
7. The
security commitment of an inland port receiving foreign watercrafts shall be
made on the basis of the assessment of risks to persons, property and the
environment that may arise from the interface between the vessels and the port
or between the vessels using the Form No. 29 provided in the Appendix to this
Decree.
8. The
security commitment must be made by the master or security officer of the foreign
watercraft or seagoing ship, and the security staff of the inland port or the
organization in charge of ensuring on-shore security on behalf of the port
owner, and the owner of the port or vessel must commit to adopt security
measures appropriate to the security level of the port or foreign watercraft or
seagoing ship. The owner of the foreign watercraft or seagoing ship or the port
owner may request a security commitment in any of the following cases:
a) The
foreign watercraft or seagoing ship has its security level higher than that of
the port, anchorage or another foreign watercraft with which it is conducting
an interface;
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c) There
is a security threat or incident involving such foreign watercraft, seagoing
ship or port;
d) The
foreign watercraft or seagoing ship is in the port but the port is not required
to have and implement the approved inland port security plan;
dd) The
foreign watercraft or seagoing ship conducts an interface with another foreign
watercraft or seagoing ship, but it is not required to have and implement the
approved foreign watercraft or seagoing ship security plan;
e) A
security commitment must consist of the commitment of the port security officer
or the master or security officer of the foreign watercraft or seagoing ship to
adopt security measures appropriate to the security level of the port, foreign
watercraft or seagoing ship.
9.
Officials and public employees of specialized management agencies and employees
of port enterprises in charge of ensuring security of inland ports must
complete training courses on security of inland ports at training institutions
with security-related disciplines in accordance with the port security training
program approved by the Ministry of Transport and be issued with a certificate
of training completion.
Article
43. Procedures for approval of security assessment, security plans and issuance
of security conformity certificates to inland ports receiving foreign
watercrafts
1. Every
port operator shall prepare and submit 03 applications as specified in clauses
2, 3 and 4 of this Article in person or by another appropriate manner to the
port authority.
2. An
application for approval of security assessment is composed of :
a) An
application form for approval of security assessment, which is made using Form
No. 30 provided in the Appendix to this Decree;
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c)
Participants in the security assessment meeting, including: representatives of
the district-level police authority, the Border Guard Station of the border gate,
the provincial Traffic Police Division, the Sub-department of Customs, the port
authority, the district-level Center for Disease Control, the district-level
plant protection and quarantine agency, and the border-gate animal quarantine
agency.
3. An application
for approval of the security plan and issuance of a security conformity
certificate to an inland port receiving foreign watercrafts includes:
a) An
application form for approval of the security plan and issuance of a security
conformity certificate to the inland port receiving foreign watercrafts, which
is made using Form No. 31 provided in the Appendix to this Decree;
b) A
security assessment form approved by the competent authority;
c) A
security plan.
4. An
application for annual confirmation of a security conformity certificate of an
inland port includes:
a) An
application form for annual confirmation of the security conformity certificate
of the inland port receiving foreign watercrafts, which is made using Form No.
32 provided in the Appendix to this Decree;
b) A
security assessment form, which consists of opinions of the authorities
specified in point c clause 2 of this Article;
c) A
record of refresher courses or drills or training sessions according to the
approved security plan program;
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5.
Within 05 working days from the date of receiving a sufficient application as
prescribed, the port authority shall appraise it and submit the report on
appraisal results, enclosed with 02 dossiers, to the VIWA. Within 05 working
days from the date of receiving a sufficient application and report from the
port authority in full, the VIWA shall approve the security assessment form and
the security plan, issue a security conformity certificate to the inland port
receiving foreign watercrafts, and provide annual confirmation of the security
conformity certificate of the inland port.
The
certificate of approval of the security assessment, certificate of approval of
the security plan and the security conformity certificate issued to the inland
port receiving foreign watercrafts shall be prepared using the Forms No. 33,
No. 34, and No. 35 provided in the Appendix to this Decree.
6. The
security conformity certificate issued to the inland port receiving foreign
watercrafts shall be valid for 05 years and annual confirmation of conformity
with security of inland ports receiving foreign watercrafts must be provided by
the VIWA.
Article
44. Security inspection and supervision of inland ports receiving foreign
watercrafts
1. The
VIWA and port authorities shall, within the ambit of their functions, tasks and
powers assigned to them, organize the security inspection and supervision, and
impose penalties for violations against regulations on security at inland
ports. The security checklist for an inland port shall be made using Form No.
36 provided in the Appendix to this Decree.
2. Every
port operator shall organize the inspection of security in service of security
assessment and development of a security plan.
3.
Foreign watercrafts and seagoing ships that arrive at and depart from inland
ports receiving foreign watercrafts must comply with the same regulations of
maritime law on maritime security and safety as those applicable to vessels
arriving at and departing from Vietnamese seaports and this Decree, unless
otherwise prescribed by the law.
4.
Operators of inland ports receiving foreign watercrafts must satisfy safety and
security conditions in accordance with regulations.
Article
45. Inland waterway pilotage
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Foreign
watercrafts, when operating on inland waterways, or arriving at or departing
from inland ports, must be guided by pilots, except for inland waterway vessels
of the Kingdom of Cambodia operating under the Agreement between the Government
of the Socialist Republic of Vietnam and the Royal Government of Cambodia on
waterway transportation. Where necessary, masters of vessels or seagoing ships
may request pilotage.
2.
Pilotage on inland waterways or in water areas of inland ports shall comply
with regulations of maritime law on pilotage and shall be performed by marine
pilots.
Section
3. ENVIRONMENTAL PROTECTION IN INLAND WATERWAY-RELATED ACTIVITIES
Article
46. Environmental protection in investment in construction, maintenance,
renovation and upgradation of inland waterway infrastructure
1. Each
owner of an inland waterway infrastructure construction, maintenance, renovation
or upgradation project shall:
a)
Organize the preparation of an environmental impact assessment report or an
environmental protection plan and submit it to the competent authority for
approval or confirmation in accordance with regulations of law on environmental
protection;
b)
Determine and include funding for environmental protection in the total
investment of the project; integrate waste treatment measures and measures to
minimize adverse impacts on the environment into the environmental impact assessment
report or the environmental protection plan approved or certified by the
competent authority in the fundamental design, technical design and bidding
dossiers, contracts with construction contractors of the project;
c)
Organizing the management, supervision and report to the competent state
authorities the environmental protection in project construction activities in
accordance with regulations of law on construction and environmental
protection.
2.
Construction contractors must comply with regulations of law on environmental
protection, standards and technical regulations on environment and fully meet
the requirements for environmental protection in the contract signed with the
project owner.
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Article
47. Environmental protection in operation of inland ports and inland landing
stages
Operators
of inland ports and inland landing stages shall:
1.
Formulate and implement oil spill response plans in accordance with regulations
for inland ports and inland landing stages involved in petroleum trading.
2.
Assign personnel to manage and carry out the work of environmental protection
in the ports and landing stages.
3.
Collect and treat wastewater generated during the operation of ports and
landing stages in line with environmental technical regulations; carry out
periodical monitoring of wastewater before and after treatment as required in
the approved dossier; archive monitoring data in service of inspection of operation
of the wastewater treatment system.
4.
Collect, classify and store solid wastes and hazardous wastes generated during
the operation of ports and landing stages for treatment or hire organizations
licensed to treat wastes so as to receive, transport and treat wastes as
prescribed by law.
5.
Provide vessels, tools and equipment at ports and landing stages to receive
normal solid wastes from vessels, seagoing ships, foreign watercrafts and
seaplanes; list and provide a list of organizations licensed to treat hazardous
wastes to receive, transport and treat hazardous wastes generated from vessels,
seagoing ships, foreign watercrafts and seaplanes.
6.
Minimize dust and restrict noise and vibration that adversely affect the
surrounding environment and workers.
7.
Isolate and maintain a safe distance in receiving and storing dangerous
cargoes, and flammable and explosive cargoes in accordance with regulations.
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Owners
of establishments that build, repair, modify, restore and dismantle vessels
shall:
1.
Develop and formulate environmental protection plans and oil spill response
plans in accordance with regulations.
2.
Assign personnel to manage and carry out environmental protection in operations
of the establishments.
3.
Collect and treat wastewater, solid wastes and hazardous wastes generated
during the operations of the establishments for treatment in accordance with
regulations.
Article
49. Environmental protection for vessels, seagoing ships, seaplanes and foreign
watercrafts operating on inland waterways
1.
Seagoing ships must comply with the National Technical Regulation on marine
pollution prevention systems of ships.
2.
Vessels must comply with the National technical regulation on rules for
pollution prevention of inland waterway ships.
3.
Management of ordinary wastes
a)
Vessels, seagoing ships and foreign watercrafts operating on inland waterways
and coastal transport routes must be covered to prevent cargoes from falling or
dust from being released causing environmental pollution;
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c)
Vessels, seagoing ships and foreign watercrafts must be fitted with wastewater
treatment equipment or storage tanks before being transported to shore for
treatment;
d)
Information on the discharge of wastes must be recorded in the garbage record
books of the ships or vessels;
dd)
Where vessels carrying cargoes potentially causing pollution, measures should
be in place to prevent pollution corresponding to such cargoes.
4.
Management of hazardous wastes
Vessels,
seagoing ships, foreign watercrafts and seaplanes that generate hazardous
wastes must comply with regulations of law on hazardous waste management.
5. It is
not permitted to discharge oil, ballast water, cooling water or oily bilge
water containing pollutants into the environment in excess of the permissible
limits specified in the environmental standards or use oil spill dispersants in
water.
6. When
detecting risks or acts of causing environmental pollution or oil spills,
operators of vessels, seagoing ships or foreign watercrafts must immediately
apply effective response measures; at the same time, must immediately report
the environmental pollution incidents or oil spills, or forecasted possibility
of environmental pollution incidents or oil spills to the nearest specialized
management agencies.
7.
Vessels, seagoing ships, seaplanes and foreign watercrafts that operate on
inland waterways, in water areas of ports, inland landing stages, and
anchorages, shall be subject to inspection and supervision by relevant
regulatory bodies regarding environmental protection regulations.
8. The
following acts on board vessels, seagoing ships, seaplanes and foreign
watercrafts anchored in water areas of inland ports, inland landing stages, and
anchorages are prohibited:
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b)
Cleaning the cargo hold or deck, thereby causing environmental pollution;
c)
Discharging dirty water, oil, oily bilge water and other hazardous
liquids;
d)
Disposing garbage or other objects and solid wastes from vessels or ships into
water or on wharves or landing stages;
dd)
Removing rust and paint ships, thereby causing environmental pollution.
9.
Masters of vessels, seagoing ships, seaplanes and foreign watercrafts, when
operating on inland waterways and in water areas of inland ports and inland
landing stages, must comply with the following requirements:
a) When
detecting risks or acts causing environmental pollution, masters must
immediately inform port authorities; at the same time, clearly record the time,
place and nature of the pollution incidents in the logbooks of the ships or
vessels;
b) If an
environmental pollution incident occurs due to the operations of their ships or
vessels, the masters must immediately apply effective response measures and
promptly inform the port authorities.
10.
Operators of vessels, seagoing ships and foreign watercrafts that cause damage
or environmental pollution must compensate and incur penalties in accordance
with regulations.
Chapter
V
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Article
50. Procedures for arrival and departure of vessels, seagoing ships, seaplanes
and foreign watercrafts at inland ports and inland landing stages
1.
Vessels, seagoing ships, seaplanes and foreign watercrafts arriving at and
departing from inland ports or inland landing stages must undergo the
procedures to obtain entry permits and clearances.
2.
Before a vessel or seaplane arrives at or departs from an inland port or inland
landing stage, the applicant shall send a notice of the vessel (registration
number), arrival and departure time, type of cargoes or number of passengers to
the port authority. The notice shall be sent via message, phone call or by any
other method. The master or steersman may only operate the vessel or seaplane
to arrive at or depart from the inland port or inland landing stage with port
authority’s consent. The notice shall be sent:
a) 02
hours in advance, for a cargo vessel;
b) 01
hour in advance, for a passenger vessel or seaplane.
3.
Procedures for arrival and departure of vessels and seaplanes at inland ports
and inland landing stages may be initiated in person, by electronic means or
any other method as prescribed.
4.
Vessels, seagoing ships, seaplanes and foreign watercrafts arriving at or
departing from inland ports and inland landing stages must pay fees and charges
in accordance with regulations.
5.
Regulations on procedures for arrival and departure of vessels inland ports,
inland landing stages and anchorages specified in this Decree do not apply to
the vessels which arrive at and depart from inland ports, inland landing stages
and anchorages to perform national defense and security tasks.
Article
51. Methods, deadlines and locations for initiating procedures for arrival and
departure of vessels, seagoing ships, seaplanes and foreign watercrafts at
inland ports and inland landing stages
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a)
Submitting or presenting documents in person at port authorities;
b)
Electronic procedures via the web portal of the Ministry of Transport
(applicable to vessels, domestic seagoing ships, seaplanes);
c)
Electronic procedures through the National Single-Window System (applicable to
vessels, seagoing ships entering or exiting Vietnam, foreign watercrafts);
d)
Electronic procedures through the ASEAN Single Window System;
dd)
Other methods prescribed by law.
2. Time
limit for initiating the procedures: within 30 minutes after all required
documents are received, except for seagoing ships and foreign watercrafts.
3. If
documents are submitted or presented in person for vessels, seagoing ships,
seaplanes and foreign watercrafts, the procedures may be initiated at the
offices of port authorities or at the ports, inland landing stages or on such
vessels (in the case where such vessels come from areas hit by human, animal or
plant diseases).
4. The
process for initiating the electronic procedures through the National Single
Window System and the ASEAN Single Window System shall comply with relevant
regulations of law.
Article
52. Documentation for issuance of inland port/inland landing stage entry
permits to vessels and seaplanes
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a) The
inland port/inland landing stage clearance, except where electronic procedures
are initiated;
b) The
passenger list (applicable to passenger vessels).
2. The
applicant shall present the originals of the following documents:
a) The
certificate of vessel or seaplane registration (or a photocopy certified by a
credit institution in the case where the vessel is pledged or mortgaged);
b) The
technical safety and environmental protection certificate of the vessel;
c)
Certificates of competency and professional certificates of seafarers and
steersmen;
d) The
crew registry (if any);
dd) The
contract of carriage or the cargo delivery note;
e) Civil
liability insurance (applicable to vessels subject to compulsory civil
liability insurance);
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h)
Permit for transport of dangerous cargoes, plan for transport of oversized and
overloaded cargoes (applicable to vessels that transport dangerous cargoes,
oversized and overloaded cargoes).
3. The
person checking documents must return the documents specified in clause 2 of
this Article to the applicant after checking them, unless otherwise prescribed
by law.
4. The
applicant is not required to present the documents specified in clause 2 of
this Article if they are stored on the electronic database.
Article
53. Documentation for issuance of inland port/inland landing stage clearances
to vessels and seaplanes
1. The
applicant shall submit and present the following documents:
a)
Documents to be submitted: passenger list (applicable to passenger vessels);
b)
Documents to be presented: contract of carriage or waybill or cargo delivery
note; certificates of competency and professional certificates of seafarers and
steersmen if they are changed after the vessel enters the port.
2. For
any vessel that is newly built, modified or repaired, when it is launched, its
owner or the owner of the establishment that builds, modifies or repairs such
vessel must present the following documents to the port authority:
a) An
inspection record certifying that the vessel is eligible for operation by the
Registry;
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Article
54. Inspection and issuance of inland port/inland landing stage entry permits
or clearances to vessels and seaplanes
1. The
applicant may select one of the methods specified in clause 1 Article 51 of
this Decree to initiate the procedures for arrival or departure of a vessel or
seaplane at an inland port or inland landing stage and shall comply with the
following regulations:
a) If
the procedures are initiated in person at the place where procedures are
initiated, the applicant shall submit and present the documents specified in
Articles 52 and 53 of this Decree to the port authority;
b) If
electronic procedures are initiated, the applicant shall present the documents
specified in Articles 52 and 53 of this Decree on the electronic software
(selected by the applicant).
2.
Checking documents of seafarers and the vessel
a) In
case of receiving documents from the applicant in person, the port authority
shall check the conformity of the documents in accordance with regulations;
b) In
case of receiving documents via the electronic procedures, the port authority
shall only check the database without physically checking the documents of the
vessel, its seafarers and steersmen. If any error is found, it shall only
physically check the documents.
3.
Inspection of the vessel
a) The
port authority shall inspect the vessel on the basis of its technical safety
and environmental protection certificate;
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4.
Vessels and seaplanes may be granted inland port/inland landing stage entry
permits and clearances if they satisfy the conditions set out in this Decree.
5. For a
vessel that is granted the inland port/inland landing stage clearance but still
anchored in the water area of the inland port or inland landing stage for more
than 24 hours, it is required to reapply for the inland port/inland landing
stage clearance in order to adjust the time of departure from the inland port
or inland landing stage.
6. An
inland port/landing stage entry permit or clearance may be in physical or
electronic form. The inland port/inland landing stage entry permits and
clearances of vessels and seaplanes shall be prepared using the Forms No. 37
and No. 38 provided in the Appendix to this Decree.
7.
Inland port/inland landing stage entry permits and clearances granted by inland
waterways port authorities and seaport/inland port/inland landing stage
clearances granted by maritime administrations shall be retained in physical or
electronic form. The retention period of physical permits is 02 years from the
date of issuance. At the end of the retention period, port authorities and
maritime administrations shall cancel such permits and clearances.
Article
55. Procedures for arrival or departure of waterway vessels crossing the
Vietnam - Cambodia border at inland ports
1. For
the Kingdom of Cambodia’s inland waterway vessels arriving at or departing from
Vietnam's inland ports and Vietnamese vessels departing from Vietnam's inland
ports for Cambodia, in addition to the procedures specified in Articles 51, 52,
53 and 54 of this Decree, a cross-border waterway transport permit issued by a
competent authority must also be presented.
2. Where
the Kingdom of Cambodia’s inland waterway vessels and Vietnam’s waterway
vessels entering or exiting for arrival at or departure from Vietnam’s inland
ports follow the electronic procedures, Articles 56 and 57 of this Article
shall apply.
3. Where
the Kingdom of Cambodia’s inland waterway vessels and Vietnam’s waterway
vessels entering or exiting for arrival at or departure from Vietnam’s inland
ports do not follow the electronic procedures, the documents shall be submitted
and presented in person at port authorities.
4. When
a vessel arrives at the border gate, the documents showing that it has
completed exit procedures at the exit port to the regulatory body at the border
gate must be presented before it leaves the Vietnamese territory.
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6.
Inland port clearances issued to Vietnamese and Cambodian inland waterway
vessels to depart from Vietnamese inland ports for Cambodia shall be prepared
using Form No. 39 provided in the Appendix to this Decree.
Article
56. Electronic procedures for entry of Vietnamese and Cambodian inland waterway
vessels at Vietnamese inland ports
1. At
least 02 hours before the expected arrival of a vessel at the border gate, the
applicant shall declare the following documents by electronic means via the
National Single Window Portal:
a) A
notice of vessel’s arrival at inland port, which is made using the Form No. 48
provided in the Appendix to this Decree;
b) An
inland port clearance, which is made using the Form No. 39 provided in the
Appendix to this Decree;
c) A
general declaration, which is made using Form No. 40 provided in the Appendix
to this Decree;
d) A
crew list, which is made using the Form No. 41 provided in the Appendix to this
Decree;
dd) A
passenger list, which is made using the Form No. 42 provided in the Appendix to
this Decree;
e) A
cargo declaration, which is made using the Form No. 43 provided in the Appendix
to this Decree or contract of carriage or cargo delivery note or waybill;
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h) An
animal quarantine declaration for cargoes subject to animal quarantine, which
is made using the Form No. 45 provided in the Appendix to this Decree;
i) A
declaration of arms and explosives (if any), which is made using the Form No.
46 provided in the Appendix to this Decree;
k) A
declaration of stowaway (if any), which is made using the Form No. 47 provided
in the Appendix to this Decree.
2.
Documents to be presented
a)
Documents presented to the port authority: Technical safety and environmental
protection certificate of the vessel, documents related to cargoes carried on
board, certificate of vessel registration (or a copy certified by a credit
institution in the case where the vessel is being pledged or mortgaged),
certificates of competency, professional certificates of seafarers and
steersmen, a copy of the certificate of civil liability insurance (applicable
to vessels subject to compulsory civil liability insurance), a permit for
transport across the Vietnam-Cambodia border;
b)
Documents presented to the customs authority: Documents related to the cargoes
carried on the vessel;
c)
Documents presented to the Border Guard at the border gate: Passports and
international travel documents of seafarers and passengers (if any);
d)
Documents presented to the plant quarantine agency: plant quarantine
certificates (for cargoes subject to plant quarantine);
dd)
Documents presented to the animal quarantine agency: animal quarantine
certificates of the country of departure (for cargoes subject to animal
quarantine);
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3.
Checking documents related to the vessel and seafarers
a) The
port authority shall check the information declared and look up data on the
vessel and Vietnamese seafarers on the electronic databases of the competent
authorities in order to initiate the procedures for granting an inland port
entry permit to the vessel;
b) The
port authority shall only require the applicant to submit and present documents
in case the database does not contain data on the vessel, seafarers or
steersmen, or there is not enough electronic data for check and comparison or
the electronic documents cannot be viewed and the applicant shall only declare
data on the vessel and seafarers one time on the electronic software (selected
by the applicant). The port authority that initiates the first procedures shall
check and compare the declared data with the originals that have been presented
to initiate procedures for entry of the vessel at the inland port or when there
is any change. The database of seafarers, steersmen, vessels and inland ports
shall be stored on the National Single Window Portal to serve as a database for
subsequent procedures;
c)
Deadline for presenting documents that are not contained in the database:
Within 02 hours from the time the vessel anchors at the port or 04 hours when
the vessel anchors in another location in the water area of the inland port.
4.
Responsibility of relevant regulatory bodies for initiating procedures at
inland ports
a) Each
port authority shall check the documents specified in points a, b, c, d, dd and
e clause 1 and point a clause 2 of this Article; bear the primary
responsibility and have the power to make final decisions on the documents
specified in points a, b, and c clause 1 of this Article in the case where
relevant regulatory bodies jointly handle the case and have different opinions;
b) Each
customs authority shall check the documents specified in points a, c, d, dd,
and e clause 1 of this Article; bear the primary responsibility and have the
power to make final decisions the documents specified in point b clause 2 of
this Article in the case where relevant regulatory bodies jointly handle the
case and have different opinions;
c) The
Border Guard at each border gate shall check the documents specified in points
a, b, c, d, dd, i, and k clause 1 and point c clause 2 of this Article; bear
the primary responsibility and have the power to make final decisions on the
documents specified in points i and k clause 1, and point c clause 2 of this
Article in the case where relevant regulatory bodies jointly handle the case
and have different opinions;
d) Each
plant quarantine agency shall check the documents specified in points c and g
clause 1 and point d clause 2 of this Article; bear the primary responsibility
and have the power to make final decisions on the documents specified in point
g clause 1 of this Article in the case where relevant regulatory bodies jointly
handle the case and have different opinions;
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e) Each
medical quarantine agency shall check the documents specified in point e clause
2 of this Article and have the power to make final decisions on the documents
it has checked in the case where relevant regulatory bodies jointly handle the
case and have different opinions.
5. Issuance
of e-permits
No later
than 30 minutes from the time the applicant completes the electronic
declaration procedures and presents all the required documents, based on the
feedback of the relevant authorities, the port authority shall issue the vessel
with an electronic inland port entry permit via the National Single Window
Portal.
Article
57. Electronic procedures for departure of Vietnamese and Cambodian inland
waterway vessels from Vietnamese inland ports
1. At
least 02 hours before the departure of a vessel from an inland port, the
applicant shall declare the following documents by electronic means via the
National Single Window Portal:
a) A
notice of vessel’s departure from inland port, which is made using the Form No.
48 provided in the Appendix to this Decree;
b) List
of seafarers and steersmen with their full titles;
c) A
passenger list (for passenger vessels);
d) A
declaration of cargoes, contract of carriage or bill of lading or waybill (for
cargo vessels).
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a)
Documents presented to the port authority: Documents related to the cargoes
carried on the vessel; documents evidencing the payment of fees and charges as
prescribed by law, except for the case of electronic payment; certificates of
competency, professional certificates of seafarers and steersmen; documents
related to changes compared to the documents used to initiate procedures for
entry of the vessel at the inland port;
b)
Documents presented to the customs authority: Documents related to the cargoes
carried on the vessel;
c)
Documents presented to the border guards at the border gate: Passports and
international travel documents of seafarers and passengers (if any);
d)
Documents presented to the plant quarantine agency: plant quarantine
certificates (for cargoes subject to plant quarantine);
dd)
Documents presented to the animal quarantine agency: animal quarantine
certificates of the country of departure (for cargoes subject to animal
quarantine);
e)
Documents to be presented to the medical quarantine agency: international
certificates of vaccination of seafarers, steersmen, passengers (in the case
where they depart from or go through an area affected by an epidemic, or are
suspected of having an infection or carrying a pathogen).
3.
Checking certificates of the vessel and seafarers.
a) The
port authority shall check the information declared and look up data on the
vessel and Vietnamese seafarers on the electronic databases of the competent
authorities in order to initiate the procedures for granting an inland port
clearance to the vessel;
b)
The port authority shall only require the applicant to submit and present
documents in case the database does not contain data on the vessel, seafarers
or steersmen, or there is not enough electronic data for check and comparison
or the electronic documents cannot be viewed and the applicant shall only
declare data on the vessel and seafarers one time on the electronic software
(selected by the applicant). The port authority initiating the final procedures
shall check and compare the declared data with the originals that have been
presented to initiate procedures for departure of the vessel at the Vietnamese
inland port or when there is any change The database of seafarers, steersmen
and vessels departing from Vietnam's inland ports shall be stored on electronic
software to serve as a database for subsequent procedures.
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5.
Responsibility of relevant regulatory bodies for initiating procedures at
inland ports
a) Each
port authority shall check the documents specified in clause 1 and point a
clause 2 of this Article; bear the primary responsibility and have the power to
make final decisions on the documents specified in point a clause 1 of this
Article in the case where relevant regulatory bodies jointly handle the case
and have different opinions;
b) Each
customs authority shall check the documents specified in clause 1 and point b
clause 2 of this Article; bear the primary responsibility and have the power to
make final decisions the documents specified in point b clause 2 of this
Article in the case where relevant regulatory bodies jointly handle the case
and have different opinions;
c) The
Border Guard at each border gate shall check the documents specified in points
a, b and c clause 1 and point c clause 2 of this Article; bear the primary
responsibility and have the power to make final decisions on the documents
specified in points b and c clause 1 of this Article in the case where relevant
regulatory bodies jointly handle the case and have different opinions;
d) Each
plant quarantine agency shall check the documents specified in point a clause 1
and point d clause 2 of this Article; bear the primary responsibility and have
the power to make final decisions on the documents specified in point d clause
2 of this Article in the case where relevant regulatory bodies jointly handle
the case and have different opinions;
dd) Each
animal quarantine agency shall check the documents specified in point a clause
1 and point dd clause 2 of this Article; bear the primary responsibility and
have the power to make final decisions on the documents specified in point dd
clause 2 of this Article in the case where relevant regulatory bodies jointly
handle the case and have different opinions;
e) Each
medical quarantine agency shall check the documents specified in point e clause
2 of this Article; bear the primary responsibility and have the power to make
final decisions on the documents specified in point e clause 2 of this Article
in the case where relevant regulatory bodies jointly handle the case and have
different opinions.
6.
Issuance of e-permits
a) No
later than 30 minutes from the time the applicant completes the electronic
declaration procedures and presents all the required documents, based on the
feedback of the relevant authorities, the port authority shall issue the vessel
with an inland port clearance via the National Single Window Portal.
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Article
58. Procedures for arrival, departure, entry and exit of seagoing ships and
foreign watercrafts at inland ports
1.
Foreign watercrafts and seagoing ships arriving at or departing from an inland
port and entering or exiting Vietnam through an inland port shall follow
procedures as specified by regulations of maritime law regarding vessels
arriving at or departing from seaports and entering or exiting Vietnam through
seaports and this Decree.
2. Forms
of inland port clearances, inland port entry permits, and permits for entry to
or exit from Vietnam through inland ports shall comply with regulations of
maritime law.
Article
59. Vessels, seaplanes and seagoing ships arriving at or departing from
anchorages
1.
Vessels, seaplanes and seagoing ships arriving at or departing from the
anchorages to transship cargoes or embark and disembark passengers must follow
the same procedures as procedures for arrival and departure at inland ports or
inland landing stages specified in this Decree.
2.
Permits for arrival at or departure from anchorages shall be prepared using the
Form No. 37 and Form No. 38 provided in the Appendix to this Decree
3. The
Ministry of Finance shall prescribe the rates of charges and fees for arrival
at or departure from anchorages applicable to vessels, seaplanes and seagoing
ships specified in clause 1 of this Article.
Article
60. Exemption and simplification of inland port, inland landing stage and
anchorage entry and clearance procedures
1. The
following vessels are exempt from inland port/inland landing stage/anchorage
entry and clearance procedures
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b)
On-duty vessels of regulatory bodies and units of the armed forces; vessels or
vessel convoys escorted or guided by the police;
c)
Special-use vessels of specialized inland waterway units;
d) Pilot
boats, fishing boats;
dd)
River-crossing passenger vessels at river-crossing passenger landing stages;
e)
Vessels (feeders) transporting passengers and cargoes from vessels, seagoing
ships, and foreign watercrafts (mother vessels) to ports or landing stages and
vice versa. In this case, the mother vessel must undergo the same port/landing
stage/anchorage entry and clearance procedures. Before arriving at an inland
port or inland landing stage, the master and steersmen of the vessel (feeder)
specified in this point must notify the port authority in writing or by another
appropriate means of communication;
g)
Vessels carrying people, supplies and equipment to and from fish and seafood
farms, and construction works on rivers, lakes, marshes, lagoons, coves, bays
and at sea;
h)
Non-commercial rudimentary vessels;
i) Cargo
vessels (except those transporting dangerous cargoes) with the gross tonnage of
less than 10 tonnes;
k)
Vessels, seagoing ships, foreign watercrafts, seaplanes arriving at inland
ports to receive fuel, food and foodstuffs.
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a) When
passenger vessels, which have been registered to operate on fixed routes along
which there are multiple inland ports and inland landing stages, embark
and disembark passengers, if no seafarers or steersmen are changed, they shall
only undergo port entry and clearance procedures at the port/landing stage of
arrival and the last port/landing stage of call;
b) When
a vessel, seagoing ship or seaplane, during one cargo shipment or passenger
voyage, arrives at or departs from various inland ports, inland landing stages
or anchorages under the management of a port authority’s representative without
any change of passengers, seafarers or steersmen, it shall only undergo entry
procedures at the port/landing stage of arrival and port clearance procedures
at the last port/landing stage of call. In this case, the movement of such
vessel, seagoing ship or seaplane between inland ports and inland landing
stages shall subject to the port authority’s shifting order. The shifting order
shall be made using the Form No. 49 provided in the Appendix to this Decree;
c)
Passenger vessels and seaplanes regularly arrive at or depart from an inland
port or inland landing stage without any change of seafarers or steersmen, and
vessels with an unexpired technical safety and environmental protection
certificates shall undergo port/landing stage entry and clearance procedures
for the first arrival. From the second arrival, only safety inspection and
port/landing stage clearance are required;
d)
Vessels carrying raw materials, agricultural products and aquatic products from
the place of production or farming to the port or landing stage of the
processing plant, from which they depart without any cargo or any change of
seafarers and steersmen, shall not undergo port/landing stage clearance
procedures;
dd) When
a vessel arrives at or departs from an inland port or inland landing stage
under the management of a port authority’s representative twice or more in a
day, if no seafarers or steersmen are changed, the Port Authority shall check
documents of such vessel and its seafarers one time. The inspection of safety
conditions for the arrivals/departures shall comply with the regulations
enshrined in this Decree;
e)
Vessels, seagoing ships, seaplanes, and foreign watercrafts arrive at piers or
seaports or maritime areas and then move to inland ports or inland landing
stages within the seaport waters or maritime areas to depart from such seaport
waters or maritime areas, the port authority shall only initiate the
port/landing stage clearance procedures;
g)
Vessels, seagoing ships, seaplanes, and foreign watercrafts arrive at inland
ports or inland landing stages within seaport waters or maritime areas and move
to piers or seaports within the same seaport waters or maritime areas, the port
authority shall only initiate the port/landing stage entry procedures;
h)
Vessels, seagoing ships, seaplanes, and foreign watercrafts arrive at piers or
seaports, or at inland ports or inland landing stages within seaport waters or
maritime areas and then travel among inland ports or inland landing stages, or
seaports within seaport waters or maritime areas, the port authority shall
grant shifting orders to such vessels. The shifting order shall be made using
the Form No. 49 provided in the Appendix to this Decree.
3. In
the case where the cargo vessel arrives at an inland port or inland landing
stage but the next port of call stated in its port clearance is a different
inland port or inland landing stage, the port authority shall initiate
procedures for arrival of such vessel at such inland port or inland landing
stage and request the applicant to state the reasons for the change in the
vessel's itinerary.
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Chapter
VI
RESPONSIBILITIES FOR ORGANIZING MANAGEMENT
OF INLAND WATERWAY-RELATED ACTIVITIES
Article
61. Responsibility for cooperation in management of inland waterway-related
activities
1.
Relevant regulatory bodies on inland waterways and at inland ports, inland
landing stages and anchorages must cooperate in performing their tasks and
comply with the regulations of law to ensure safety, security and efficiency.
2. Any
problem that arise from the performance of functions and tasks of other
relevant regulatory bodies must be discussed and agreed in order to be tackled
in a timely manner. In case of failure to reach agreement, they must promptly
notify the VIWA, the Vietnam Maritime Administration, the Traffic Police
Department and the Departments of Transport for instructions in accordance with
regulations of law.
3.
Responsibility for cooperation in management at inland ports receiving foreign
watercrafts
a)
Relevant regulatory bodies at inland ports receiving foreign watercrafts, when
performing their tasks, must comply with regulations of law and not cause any
trouble or affect normal activities of enterprises, shipowners, cargo owners,
vessel owners and other organizations and individuals in the inland port areas;
b)
Relevant regulatory bodies at inland ports shall closely cooperate with in
promptly and lawfully initiating procedures related to vessels, cargoes,
passengers and seafarers when operating at inland ports in accordance with this
Decree and other relevant regulations of law; notify the port authority of the
results of procedures related to vessels, cargoes, seafarers and passengers
when operating at inland ports;
c) Port
authorities shall preside over coordinating activities between relevant
regulatory bodies at inland ports receiving foreign watercrafts; discuss with
authorities and enterprises to reach agreement on the handling of problems
arising from inland waterway-related activities in the inland port waters under
their charge; request other relevant regulatory bodies at inland ports to
promptly notify the results of procedures; request operators of inland ports,
owners of vessels, masters and other relevant agencies and organizations to
provide data and information on inland waterway-related activities at inland
ports.
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Article
62. Responsibilities of the Ministry of Transport for management of inland
waterway-related activities
1.
Perform the State management of inland waterway-related activities nationwide;
preside over and cooperate with other ministries and central authorities and
provincial People's Committees in organizing the implementation of this Decree.
2.
Publicize the list of inland ports every 03 years by way of review,
consolidation and reporting by the VIWA.
3.
Direct the VIWA to:
a)
Inspect and provide guidance on the implementation of planning, management and
maintenance of inland waterway infrastructure on national inland waterways and
dedicated inland waterways connected to national inland waterways;
b) Make
report forms and provide guidance on the reporting of management of operation
and maintenance of inland waterway infrastructure; and operations of inland
ports, inland landing stages and anchorages;
c) Set
up a database to manage channels, inland ports, inland landing stages and
anchorages; vessels arriving at and departing from inland ports, inland landing
stages and anchorages nationwide;
d)
Publicize an annual list of inland landing stages and anchorages on the basis
of the consolidated reports of the Departments of Transport;
dd)
Organize the inspection and examination of the compliance with regulations on
inland waterway-related activities falling under their authority in accordance
with regulations of law.
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5.
Perform other tasks and exercise other powers as prescribed in this Decree.
Article
63. Responsibility for management of inland waterway-related activities of
relevant ministries
1. The
Ministry of Public Security shall:
a)
Preside over and cooperate with the Ministry of Transport, relevant ministries
and sectors and the provincial People's Committees in adopting measures to
maintain order and safety of inland waterway traffic;
b) Form
waterway traffic police forces to patrol, control and handle violations of law
on inland waterways regarding people and vessels participating in inland
waterway traffic as per regulations of law; investigate, produce statistics and
provide data on inland waterway traffic accidents;
c)
Direct local police forces to intensify cooperation in protecting inland
waterway infrastructure.
2. The
Ministry of Natural Resources and Environment shall:
a)
Preside over and cooperate with provincial People's Committees and the Ministry
of Transport in managing the mining of sand, gravels and other minerals on
rivers, canals, ditches, lakes, marshes, and lagoons related to the channels
and channel protection corridors, thereby ensuring traffic safety and
protecting the environment on inland waterways, and at inland ports and inland
landing stages;
b)
Direct specialized inspectorates to cooperate with relevant authorities in
inspecting mineral mining and environmental protection activities on inland
waterways in accordance with regulations.
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a)
Direct and instruct organizations and individuals involved in aquaculture and
fishing, and fishing vessels operating on inland waterways to apply measures to
ensure traffic safety;
b)
Direct localities to enable owners of inland ports and inland landing stages to
establish cargo warehouses and yards on land areas of inland ports and inland
landing stages; drain the flood in a practical manner that avoids suspending
operation of inland ports and inland landing stages during the flood-free
period;
c)
Cooperate with provincial People's Committees to review and remove cargo yards
and landing stages infringing upon the dyke protection corridors and other
hydraulic structures.
4.
Relevant ministries and central authorities shall direct and instruct their
affiliated relevant regulatory bodies to cooperate in performing state
management of inland waterways, inland ports, inland landing stages and
anchorages.
Article
64. Responsibilities of provincial People's Committees for management of inland
waterway-related activities
1.
Direct and instruct People's Committees of districts and communes to organize
the management and operation of river-crossing passenger landing stages; take
measures to protect inland waterway infrastructure, prevent encroachment and
occupation of channel protection corridors; maintain order and safety of inland
waterway traffic and take responsibility for local inland waterway traffic
order and safety.
2.
Organize the management of rivers, canals, lakes, marshes and lagoons in
provinces where the construction of channels has not yet been invested in or
the opening thereof is announced but transport activities have been conducted
with the aim of assuring traffic order and safety.
3.
Prioritize stable allocation of land for construction of inland ports and
inland landing stages. Direct advisory agencies to enable organizations and
individuals wishing to build and operate inland ports and inland landing stages
to be allocated or leased land, and to prepare applications for announcement of
operations as per regulations.
4.
Organize the removal of cargo loading and unloading landing stages whose
operations fail to satisfy the conditions for announcement, and floating
structures, restaurants, and hotels operating in contravention of regulations.
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6.
Direct and organize the specialized state management of inland waterway traffic
at inland ports, inland landing stages and anchorages on local inland waterways
and dedicated inland waterways connected to inland waterways in their
provinces.
7.
Direct Departments of Transport to:
a)
Inspect and provide guidance on the implementation of planning, management and
maintenance of inland waterway infrastructure within their jurisdiction;
b)
Compile lists of local channels, dedicated channels connected to local
channels, inland ports, inland landing stages and anchorages under their
management, river-crossing passenger landing stages in provinces, and report
them to provincial People's Committees and VIWA; organize the state management
at inland ports, inland landing stages, and anchorages within their
jurisdiction;
c) Form
the traffic inspector forces to inspect the compliance with regulations on
inland waterway-related activities within their jurisdiction in accordance with
regulations of law.
8.
Perform other tasks and exercise other powers as prescribed in this Decree.
Article
65. Specialized state management at inland ports, inland landing stages and
anchorages
1.
Specialized state management at inland ports, inland landing stages and
anchorages shall comply with Articles 71 and 72 of the Law on Inland Waterway
Traffic and this Decree.
2. Port authorities affiliated to the VIWA shall exercise
the functions of specialized sate management at inland ports, inland landing stages (except river-crossing passenger
landing stages), and anchorages that have been announced and licensed to
operate on national inland waterways and dedicated inland waterways connected
to national inland waterways, and inland ports, inland landing stages, and
anchorages with land and water areas that are both on national inland waterways
and local inland waterways, inland ports, inland landing stages, and anchorages
in seaport waters connected to national inland waterways, and other cases decided
by the Ministry of Transport.
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Article
66. Responsibilities of owners of ports and landing stages, operators of inland
ports, inland landing stages and anchorages
Owners
and operators of inland ports, inland landing stages and anchorages shall
implement the regulations below:
1. Maintain
safe and secure operation of inland ports, inland landing stages, anchorages,
mooring equipment and inland navigation aids at inland ports and inland landing
stages; perform the tasks in the plans to ensure security of inland ports
receiving foreign watercrafts.
2.
Formulate operating rules of inland ports, inland landing stages and
anchorages; list prices for loading and unloading cargoes and other services.
Operating rules and lists of prices for loading and unloading cargoes must be
displayed in conspicuous places and their contents shall be unambiguous and
legible.
3.
Install lighting systems for night operation; build passenger terminals in
ports and landing stages where passengers are embarked and disembarked; for
ports and passenger terminals, establish traffic connections to support the
disabled and the elderly.
4.
Ensure loading and unloading equipment satisfies technical safety standards and
is appropriate the load-bearing structure and capacity of the facilities.
Assign loading and unloading equipment operators who must possess an operating
license/certificate as prescribed by law.
5. Not
receive vessels without registration certificates or technical safety and
environmental protection certificates or with expired technical safety and
environmental protection certificates.
6. Not
load cargoes that exceed the size of a vessel or in a manner that results the
vessel being immersed more deeply than its waterline, or not load cars in
excessive quantity or weight onto the vessels; not load passengers more than
the specified number of passengers onto the vessel; not load cargoes in excess
of the allowable tonnage of the vessels.
7. Fully
comply with regulations of law on loading and unloading of hazardous and
dangerous cargoes.
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9.
Maintain standardized dedicated channels to inland ports, inland landing stages
and water areas of inland ports, inland landing stages and anchorages.
10. Take
responsibility for ensuring safety and security of facilities at inland ports,
inland landing stages and anchorages and passengers and vessels berthed at
inland ports, inland landing stages and anchorages.
11.
Provide human resources to manage and operate inland ports, inland landing
stages and anchorages to assure order, safety, security and environmental
protection.
12. If
the operation of an inland port, inland landing stage or anchorage is
outsourced or authorized, the outsourced or authorized operator must comply
with regulations of law on management and operation of inland waterway
infrastructure specified in this Decree and other relevant regulations of law.
13.
Proactively rescue people, cargoes and vessels when accidents occur; report and
cooperate with competent authorities to deal with and overcome consequences of
accidents and environmental pollution; obey the shifting orders of port
authorities or relevant authorities when rescuing people, cargoes and vessels
in distress in water areas of inland ports and inland landing stages, and
performing natural disaster management.
14.
Receive and preserve the lists of passengers submitted by the applicants.
15.
Regularly update data on inland ports, inland landing stages and anchorages in
operation, data on vessels, cargoes and passengers passing through inland
ports, inland landing stages and anchorages on the VIWA’s database.
Article
67. Responsibilities of masters and seafarers of vessels, seagoing ships,
foreign watercrafts and seaplanes operating in water areas of inland ports,
inland landing stages and anchorages
Masters
and seafarers of vessels, seagoing ships, foreign watercrafts and seaplanes operating
in water areas of inland ports, inland landing stages and anchorages shall
implement the regulations below:
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2.
Comply with regulations of inland ports, inland landing stages and anchorages
and regulations on natural disaster management, fire safety, and environmental
emergencies; comply with port authorities’ shifting orders in case of
emergency.
3.
Assign persons to keep watch to maintain the operation of engines and safety
equipment; communication equipment; main engines of vessels at the ready to
promptly respond to incidents threatening safety.
4. In
case of detecting persons and animals contracting infectious diseases or plants
capable of causing diseases on board vessels, immediately report the cases to
the port authorities or the local authorities of the localities where the
inland ports, inland landing stages and anchorages are located, and other
relevant authorities, and anchor vessels in separate areas for handling.
5. In
the course of loading and unloading cargoes or embarking and disembarking
passengers, carry out a check and make necessary preparations to ensure labor
safety; if detecting any sign of unsafety, immediately stop loading and
unloading cargoes to adopt remedial measures. Not load cargoes that exceed the
size of a vessel or in a manner that results in the vessel being
immersed more deeply than its waterline or not embark passengers in excess
of the allowable number.
6. Only
allow vessels to depart from inland ports, inland landing stages and anchorages
when they remain stable and the weather conditions are favorable. Masters and
steersmen of vessels must be responsible for the safety and security of
passengers, vessels, seagoing ships, seaplanes and foreign watercrafts when
departing from inland ports, inland landing stages and anchorages; after
departing from inland ports or inland landing stages, if there is any change of
seafarers, the masters must notify the port authorities issuing the inland
port/inland landing stage clearances.
7. Not
obstruct or hinder law enforcement officers or seafarers of other vessels
passing through their vessels.
8. When
a vessel drifts or has its anchorage changed due to objective reasons,
immediately adopt measures to ensure safety and notify the port authority.
9.
Masters and steersmen of vessels operating at inland ports, inland landing
stages and anchorages are obliged to rescue people and watercrafts that suffer
accidents in the waters of such inland ports, inland landing stages and
anchorages.
10. When
detecting an accident or the danger of an accident, the master, seafarers, or
steersmen of the vessel in distress must immediately give a distress signal as
specified and immediately adopt measures to rescue people and property, and
promptly notify the port authority or the police or the People's Committee of
the commune where the inland port or inland landing stage is located for timely
handling.
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12. In
the case of a shipwreck, after rescuing people and property, the ship's master
or steersmen must put up a signal as prescribed, provide warnings and
immediately report the case to the vessel's owner for salvage. The handling of
ships and property sunk in water areas of inland ports and inland landing
stages shall comply with the Government's regulations on handling of sunken
property on inland waterways.
13.
Masters of foreign watercrafts must raise the national flag of the Socialist
Republic of Vietnam at the top of the highest mast. If it is needed to fly the
ceremonial flag or mourning flag or blow the whistle on the ceremonial
occasions of their countries, the port authorities must be notified in advance.
Chapter
VII
IMPLEMENTATION CLAUSE
Article
68. Effect
1. This
Decree comes into force from March 15, 2021.
2. Article 3, Article
4, Article 5 and Article 10 of the Government’s Decree No. 24/2015/ND-CP dated
February 27, 2015 are repealed.
3. Regulations related
to electronic procedures for inland vessels of the Kingdom of Cambodia entering
and exiting Vietnam through Vietnamese inland ports and Vietnamese inland
waterway vessels departing for Cambodia from inland ports in the Prime
Minister’s Decision No. 34/2016/QD-TTg dated August 23, 2016 are repealed.
Article
69. Transitional clauses
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2. Where
the construction guidelines of an investment project on construction of inland
waterway infrastructure facility have been approved before the effective date
of this Decree and remain valid, they shall continue to be implemented in
accordance with the written approval. Where the validity period of the written
approval has expired but the project has yet to be executed, if the
construction investment continues, regulations set out in this Decree shall
prevail.
3. Any
inland port or inland landing stage that has been announced or licensed for
operation before the effective date of this Decree may be operated within the
time limit specified in the decision or license. Upon expiry, if the operation
continues, the operations shall be re-announced in accordance with this Decree.
4. With
regard to inland ports and inland landing stages within seaport waters under
specialized management by port authorities at inland ports and inland landing
stages before the effective date of this Decree, they shall continue to
exercise their management functions until December 31, 2023. From January 01,
2024 onwards, the management of inland ports and inland landing stages in
seaport waters shall comply with this Decree.
5. With
regard to inland ports and inland landing stages in seaport waters for which
construction guidelines have been approved before the effective date of this
Decree, the written approval shall prevail. The authority approving the
guidelines for construction of inland ports and inland landing stages shall
announce the operations of such inland ports and inland landing stages.
6. The
retention period of the inland port/inland landing stage entry permits and
clearances or seaport clearances that have been issued before the effective
date of this Decree shall comply with clause 7 Article 54 of this Decree.
Article
70. Responsibility for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
People’s Committees of provinces and central-affiliated cities and relevant organizations
and individuals are responsible for the implementation of this Decree./.
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