DECREE
PROVIDING FOR MANAGEMENT OF
INLAND WATERWAY-RELATED ACTIVITIES
The Government’s Decree No. 08/2021/ND-CP dated January 28,
2021 providing for management of inland waterway-related activities, which has
been effective since March 15, 2021, is amended by:
1. The Government’s Decree No. 54/2022/ND-CP dated August
22, 2022 on amendments to some Articles of the Government’s Decree
No. 78/2016/ND-CP dated July 01, 2016 on conditions for provision of
training for seafarers and operators of internal waterway vessels and
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities, which has been effective
since November 01, 2022;
2. The Government’s Decree No. 06/2024/ND-CP dated January
25, 2024 on amendments to some Articles of the Government’s Decree
No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland
waterway-related activities, which has been effective since March 10, 2024.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Chapter I
GENERAL
Article 1. Scope
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. “floating terminal” means an inland landing stage using
floating structures, vessels, and pontoons stably fixed in the water area where
vessels can berth, load and unload cargoes, embark and disembark passengers,
and provide other auxiliary services.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
MANAGEMENT OF
INLAND WATERWAY INFRASTRUCTURE
Section 1. GENERAL PROVISIONS ON MANAGEMENT OF INLAND
WATERWAY INFRASTRUCTURE
Article 4. Principles of investment in construction of
inland waterway infrastructure
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Maintenance of inland waterway infrastructure
a) Inland waterway infrastructure facilities shall be
maintained to ensure their normal operation and safety;
b) The management and maintenance of inland waterway
infrastructure facilities shall cover management; regular maintenance; regular
or irregular repair of damaged facilities; activities aimed at improving the
existing condition of the facilities; addition or replacement of navigation
aids, parts and equipment attached to the facilities; compilation of dossiers
to monitor facilities and obstacles; navigation safety assurance and other
activities as per regulations of law;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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”).
2. National channel is
any channel that satisfies one of the following conditions:
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) The VIWA shall reach agreement on construction
specifications of national channels and dedicated channels connected to
national channels;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Preliminary design document of the inland waterway
channel.
5. Agreement sequence
The investor shall submit 01 application to the competent
authority specified in clause 2 of this Article, whether in person or another
appropriate method to reach agreement on construction specifications of the
inland waterway channel.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
c) A topographical map of the channel of which the
announcement is requested, showing its geographic name, chainage, navigation
aids positions, existing facilities on the channel, for the channel for which a
construction investment project is unavailable.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Management of inland waterway channels
a) The VIWA shall organize the management of national
channels;
b) The provincial People’s Committees shall direct
Departments of Transport to organize the management of local channels;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Conditions for conversion of an inland waterway channel
a) The approved inland waterway infrastructure planning is
conformed to;
b) The conditions for channels specified in Article 7 of
this Decree are met.
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).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
7. When the decision on announcement of channel conversion
is issued, the Ministry of Transport and provincial People’s Committee shall
cooperate with the Ministry of Finance in transferring property in accordance
with regulations of law on management and use of public property. After
obtaining a decision on the transfer of property by a competent authority, the
authority or unit receiving the property shall manage, use and operate it in
accordance with regulations.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) In the case prescribed in point a clause 1 of this
Article, there must be a record of inspection of the status quo of the channel
by the VIWA (for national channels) or the Department of Transport (for local
channels); or a written record of inspection of the status quo of the channel
between the VIWA and the organization or individual owning a dedicated channel
connected to the national channel or between the Department of Transport and
the organization or individual owning a dedicated channel connected to the
local channel. Such record must include a conclusion that the condition of the
channel is not safe for operation;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) In the case specified in point a clause 1 of this
Article, the VIWA and the Department of Transport must request the organization
or individual owning the dedicated channel to suspend their transport operation
and report to the Ministry of Transport or the provincial People’s Committee;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 12. Survey of inland waterway channels
1. Inland waterway channels in operation must be surveyed
on a regular, periodic and ad-hoc basis.
2. Responsibility for conducting surveys and making
topographical maps
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) For an initial channel notice before the channel is put
into operation: name, length, coordinates of start point and end point of the
channel, centerline points; technical classification; shoals along the channel,
names of obstacles and river-crossing facilities on the channel;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) When any ad-hoc incident occurs on a channel and affects
traffic safety, the unit directly managing and maintaining the channel must
promptly notify by signals or sound signals directly in the area where the
incident occurs, and report it to the VIWA, the regional Inland Waterways
Administration Branch or the Department of Transport.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
6. Regulations on management of investment in construction,
operation of inland ports, inland landing stages and anchorages in this Decree
do not apply to inland ports, inland landing stages and anchorages serving
national defense and security purposes.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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) [2] 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 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.
d)[3]
District-level People’s Committees shall reach agreement on construction
specifications of inland landing stages in relevant districts.
3. An application for agreement on inland port construction
specifications is composed of:
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) Inland ports receiving foreign watercrafts
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)[4]
Inland landing stages
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d)[5]
For an inland port or inland landing stage located in seaport waters,
before appraisal and agreement on construction specifications, the VIWA, the
Department of Transport, the district-level People’s Committee 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
1. Contents of the agreement
a) Location of construction of the landing stage;
b) Functions of the landing stage;
c) Scale of the landing stage;
2.[6]
Power to reach agreement
The district-level People’s Committee shall reach agreement
on construction specifications of river-crossing passenger landing stages and
inland landing stages in service of construction of main structures in relevant
districts.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
The investor shall submit 01 application to the competent
authority specified in clause 2 of this Article, whether in person or by
another appropriate manner. Within 05 working days from the date of receiving a
sufficient application as prescribed, the competent authority specified in
clause 2 of this Article shall issue and send a written agreement on landing
stage construction specifications to the investor.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. When an inland port, inland landing stage or anchorage
needs to be renamed, its owner shall submit an application form made using the
Form No. 11 provided in the Appendix to this Decree to the competent authority
specified in clause 2 Article 15 of this Decree. Within 05 working days from
the date of receiving the application form, the competent authority specified
in clause 2 Article 15 of this Decree shall grant a written approval of the
renaming.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
e) A certificate of acceptance of obstacle scanning in the
water area of the port; minutes of confirmation of establishment of navigation
aids at the port;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
dd) An acceptance certificate of facilities, as-built
drawing of the site, elevation and section drawings of the inland landing
stage, regarding the inland landing stage for which a construction investment
project is available;
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.[7]
Sequence of announcing the operations
Before putting an inland port or inland landing stage into
operation, its owner shall submit, in person or by post or via online public
service portal or by another appropriate manner, 01 application for
announcement of operations in accordance with the following regulations:
a) For an inland port receiving foreign watercrafts: submit
the application to the VIWA (for inland ports on national inland waterway,
dedicated inland waterways connected to national inland waterways, inland
waterways whose waters and/or land areas are connected to national inland
waterways and local inland waterways, inland ports in seaport waters connected
to national inland waterways) or to the Department of Transport (for inland
ports on local inland waterways, dedicated inland waterways connected to local
inland waterways, inland ports in seaport waters connected to local inland waterways
in provinces and central-affiliated cities) for appraisal. Within 05 working
days from the date of receiving the application in full, the VIWA or the
Department of Transport shall appraise the application to Ministry of
Transport. If it is satisfactory, 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:
submit the application to the VIWA (for inland ports other than those specified
in point b clause 2 Article 15 of this Decree) or the Department of Transport
(for inland ports specified in point c clause 2 Article 15 of this Decree). Within
05 working days from the date of receiving the application in full as
prescribed, the VIWA or the Department of Transport shall issue a decision on
announcement of operations of the inland port;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Where the application is submitted online, its
composition shall be original copies or electronic copies of corresponding
documents under clause 2 (for the application for announcement of operations of
inland port) or clause 3 (for the application for announcement of operations of
inland landing stage) Article 18 hereof;
dd) Where the application is submitted in person, if the
application is adequate, issue an application receipt note and return results
within prescribed time limit; if the application is inadequate, immediately
return it and instruct the applicant to complete it; where the application is
received via post service or online public service portal or by another
appropriate manner, if the application is inadequate, within 02 working days
from the date on which if the application is received, the receiving authority
shall send a written response explicitly stating the reasons and additional
documents to the applicant by post or via online public service portal or by
another appropriate manner.
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.
8. Announcement of an inland port receiving foreign
watercrafts at the inland port whose operations have been announced
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.[8]
Within 02 working days from the date on which the decision is signed, the
authority announcing operations of an inland port or inland landing stage shall
send the announcement decision to the following individuals and organizations:
a) The investor;
b) The Ministry of National Defense, Ministry of Public
Security, Ministry of Health, Ministry of Agriculture and Rural Development,
provincial People’s Committee (for ports that receive foreign watercrafts);
c) The VIWA (for inland ports);
d) The inland waterways port authority, maritime
administration (for inland ports and inland landing stages in seaport waters),
relevant regional Inland Waterways Administration Branch;
dd) The Department of Transport;
e) People’s Committees of districts and People’s Committees
of communes where inland ports and inland landing stages are located;
g) Border guard agencies, customs authorities, health
authorities (for inland ports and inland landing stages in vicinity of border
checkpoints) and relevant organizations and individuals.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Application for announcement of operations
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. The authority announcing operations of a river-crossing passenger
landing stage or inland landing stage in service of construction of main structures
shall send the announcement decision to the investor, the port authority or the
People’s Committee of the commune where landing stage is located, and relevant
organizations and individuals within 02 working days from the date of signing
the decision; update information about the river-crossing passenger landing
stage on the VIWA's database of inland ports and inland landing stages.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) The documents specified in points d, dd, e, g and h
clause 2 Article 18 of this Decree for the structure of the inland port that
has been changed;
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)[9]
The re-announcement of operations of a port or inland landing stage shall
follow the sequence specified in clause 4 Article 18 of this Decree;
b)[10] (repealed)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
6. Extension of the operation period of an inland port or
inland landing stage
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Before renovating or upgrading an inland port or inland landing stage, its
owner shall submit a written request in person or by another appropriate method
to the competent authority specified in clause 2 Article 15 and clause 2
Article 16 of this Decree to obtain the latter’s opinions on the renovation or
upgradation from such inland port or inland landing stage. The written request must explicitly
state the expected scale for the renovation or 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 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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Before renovating and upgrading an inland landing stage,
its operator of such inland landing stage must send a notice (explicitly
stating the name of the inland landing stage; the period; the scope of the
renovation) to the port authority.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) At the request of its owner.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) A decision on announcement of closure of the inland port
or inland landing stage, which is made using Form No. 16 provided in the
Appendix to this Decree;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) The inland port or inland landing stage may resume its
operation only after damage has been repaired or all risks of unsafety have
been eliminated, which shall be certified by the port authority;
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).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. Application for agreement on establishment of an
anchorage
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Application for announcement of an anchorage
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. Where necessary, the VIWA and Departments of Transport
shall decide to establish and announce the operations of anchorages so as for
vessels to berth and seek shelter from storm or flood on inland waterways under
their management. Before announcing the operations of the anchorage, the VIWA
and Departments of Transport must conduct a survey and prepare an application
as prescribed in points b, c, d and dd clause 2 of this Article.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) An application form for closure of the anchorage from
the investor in the case specified in point b clause 1 of this Article. The
application form shall be made using Form No. 20 provided in the Appendix to
this Decree;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
Article 28. Establishment and maintenance of inland
navigation aids
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) Facilities over or underneath the channel;
g) Obstacles;
h) Floating restaurants and hotels (when they are
anchored);
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
c) Organizations and individuals owning dedicated channels
shall establish and maintain such specialized channels;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Article 29. Power and procedures for agreement on
establishment of inland navigation aids for construction works and activities
on inland waterways
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Location of navigation aids;
b) Quantity and size of navigation aids;
c) Type of navigation aids.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Section 5. PROTECTION OF INLAND WATERWAY INFRASTRUCTURE
FACILITIES
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) Soil, sludge, sand and other wastes that may cause
accretion and change the elevation of the channel bottoms shall not be dumped
therein.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Article 33. Width of channel protection corridors
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. In the case where the channel protection corridor
overlaps the protection corridor of a navigation channel, the regulations on
protection of navigation channels shall be complied with.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Article 35. Responsibility for protection of inland
waterway infrastructure facilities
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Facilities in service of national defense and security
tasks;
b) Embankments, irrigation dams, bridges, ferry landing
stages;
c) Wind power, thermal power, hydro power facilities;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) Provincial People's Committees shall agree on defense
and security facilities and activities related to inland waterway traffic on
local inland waterways and dedicated inland waterways connected to local inland
waterways;
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) Aquaculture areas where fixed fishing gears are set up
for fishing; areas for vocational practicing; areas where floating restaurants
or hotels are set up; areas for markets and craft villages, amusement and
entertainment areas: locations, scope of activities.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
dd) For dams, hydropower and irrigation facilities: a
topographical map and drawing of the inland port, inland landing stage or
transshipment area at upstream and downstream of the facility; loading and
transshipment solutions;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) Name of the facility;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 40. Safety assurance in case of restricted access
1. Cases in which access to inland waterways is restricted:
a) There are obstacles on the channels that obstruct
traffic;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) Port authorities shall announce restricted access within
water areas of inland ports, inland landing stages, and anchorages under their
management.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. Power to approve traffic safety assurance plans
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Plan for construction or organization;
d) Measures to ensure navigation safety;
dd) Plan for assurance of and cooperation in ensuring
traffic safety.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
8. The traffic safety assurance in service of the dredging
of inland channels, water areas of inland ports, inland landing stages, and
anchorages shall comply with the Government's regulations on dredging of inland
waterways.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
a) Regarding Security Level 1, maintain all security tasks
in the security plan; monitor every activity in the port; control restricted
areas in the port; check and supervise cargo handling areas; check and
supervise the receipt of vessel supplies handling; ensure that security
information is communicated in a timely manner;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) An agreement on security commitments is signed among the
member states for some international routes or for some specific vessels on
such routes;
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) A security assessment form as specified in clause 5
Article 42 of this Decree;
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
d) An original of the security conformity certificate (the
certification will be written on the back of the certificate).
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Operators of inland ports receiving foreign watercrafts
must satisfy safety and security conditions in accordance with regulations.
Article 45. Inland waterway pilotage
1. Compulsory pilotage
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. Environmental monitoring and supervision consultancy
contractors must comply with environmental monitoring technical processes and
environmental technical regulations, and take responsibility to the project
owner and the law for the information and data that they have created during
their environmental monitoring and supervision.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
Article 48. Environmental protection in construction,
repair, conversion, restoration, and dismantling of vessels
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) Wastes and pollutants discharged by vessels, seagoing
ships and foreign watercrafts must be collected and stored on such vessels,
seagoing ships and foreign watercrafts, and then transferred to the receiving
equipment system at the inland ports or inland landing stages or to licensed organizations in
accordance with regulations;
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
a) Dredging chimneys or emitting black smoke;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
PROCEDURES FOR
ARRIVAL AND DEPARTURE OF VESSELS AT INLAND PORTS, INLAND LANDING STAGES AND
ANCHORAGES
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
1. Methods for initiating procedures for arrival and departure
of vessels, seagoing ships, seaplanes and foreign watercrafts at inland ports
and inland landing stages
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
1. The applicant shall submit the following documents:
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) The contract of carriage or the cargo delivery note;
e) Civil liability insurance (applicable to vessels subject
to compulsory civil liability insurance);
g) The certificate of airworthiness for seaplanes;
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
b) A plan to ensure traffic safety upon launching the
vessel, which shall be made by the owner of the establishment that builds,
modifies or repairs the vessel.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English 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;
b) If any violation is discovered, the port authority shall
notify and take actions against such violation and instruct the applicant to
take remedial measures or make a change to maintain compliance with
regulations.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. Where a vessel is not able to exit to Cambodia as
planned, the applicant must notify and return the documents showing that it has
completed exit procedures to the exit border gate in order to cancel the exit
dossier.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
g) A plant quarantine declaration for cargoes subject to
plant quarantine, which is made using the Form No. 44 provided in the Appendix
to this Decree;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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 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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
dd) Each animal quarantine agency shall check the documents
specified in points c and h 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 h clause 1 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 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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) A passenger list (for passenger vessels);
d) A declaration of cargoes, contract of carriage or bill
of lading or waybill (for cargo vessels).
2. Documents to be presented
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).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. Deadline for presenting documents that are not contained
in the database: Within 02 hours before the vessel departs from the port and
border gate. For any passenger vessel, it can be done right at the time the
vessel is about to depart from the port and border gate.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
b) In the case where the vessel has been granted an inland
port clearance but, when it arrives at the border gate, the competent authority
at the border gate does not allow the vessel to exit Vietnam, a notice shall be
sent to the vessel's owner explicitly stating the reasons therefor and at the
same time to the port authority that has granted the permit for departure from
the port.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
a) Fire-fighting vessels; search and rescue vessels; dyke
protection vessels; vessels, seagoing ships, seaplanes, and foreign watercrafts
seeking shelter from storm and flood;
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
2. Vessels, seagoing ships, and seaplanes may undergo
simplified inland port/inland landing stage/anchorage entry and clearance
procedures
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. When a vessel departs from an inland port or inland
landing stage with an unidentified next port of call, the port authority shall
state the (expected) next port of call proposed by the applicant in the
port/landing stage clearance.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. Authorities having the power to reach agreement on the
construction and establishment and announce the operation of inland waterway
infrastructure facilities; approve traffic safety assurance plans; reach
agreement on the construction and establishment of facilities outside of inland
waterway infrastructure; grant permits and express their opinions on issues
related to inland waterways, national defense and security must properly follow
the processes specified in this Decree. In case of disagreement, they must send
a written response clearly stating the reasons therefor.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
4. Announce routes of inland waterway vessels of VR-SB
class; prescribe the management of vessels of VR-SB class and seafarers working
on board inland waterway vessels of VR-SB class and other activities in
accordance with relevant regulations of law in order to ensure safety and
security in inland waterway-related activities.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
3. The Ministry of Agriculture and Rural Development shall:
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
5. Disseminate, popularize, and educate the law on inland
waterway traffic; apply measures to maintain inland waterway traffic order and
safety in their provinces.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.[12]
Port authorities affiliated to the VIWA shall exercise their functions of state
specialized management at inland ports, inland landing stages (except for
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; inland ports, inland
landing stages, 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 assigned by the Ministry of Transport.
3.[13]
Port authorities affiliated to provincial Departments of Transport or the
authorities or units authorized by provincial People's Committees in provinces
where there are no inland waterways port authorities affiliated to provincial
Departments of Transport shall exercise the functions of specialized state
management at inland ports, inland landing stages (other than river-crossing
passenger landing stages) and anchorages that have been announced and licensed
to operate on local inland waterways, dedicated inland waterways connected to
local inland waterways; inland ports, inland landing stages and anchorages in
seaport waters connected to local inland waterways within seaport waters of localities’ administrative
divisions assigned by the Ministry of Transport; inland ports, inland landing
stages and anchorages specified in clause 2 of this Article as decentralized by
the Minister of Transport in accordance with regulations.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
8. Not allow vessels, seagoing ships, seaplanes and foreign
watercrafts to arrive at or depart from inland ports, inland landing stages,
and anchorages without entry permits or port clearances issued by port
authorities.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
1. Berth or moor vessels at the places arranged by port
authorities.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
11. Obey the shifting orders of port authorities, police
authorities and local authorities to provide vessels, equipment and tools for
search and rescue.
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[14]
Article 68. Effect
1. This Decree comes into force from March 15, 2021.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
1. For any national channel that has been announced and put
into operation before the effective date of this Decree, the VIWA shall
continue to organize the management and maintenance thereof and, at the same
time review, classify and transfer assets to satisfy the regulations enshrined
in clause 2 Article 7 of this Decree.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
ON BEHALF OF THE GOVERNMENT OF VIETNAM
THE PRIME MINISTER
Nguyen Xuan Phuc
[1] Prelude to the Government’s Decree No.
54/2022/ND-CP dated August 22, 2022 on amendments to some Articles of the
Government’s Decree No. 78/2016/ND-CP dated July 01, 2016 on
conditions for provision of training for seafarers and operators of internal
waterway vessels and Government’s Decree No. 08/2021/ND-CP dated January 28,
2021 prescribing management of inland waterway-related activities:
“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;
“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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Prelude
to the Government’s Decree No. 06/2024/ND-CP on amendments to the Government’s
Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing management of
inland waterway-related activities:
“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;
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 on amendments to the
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities.”
[2] This point is amended by point a clause
1 Article 1 of the
Government’s Decree No. 06/2024/ND-CP on amendments to some Articles of the
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities, which has been effective
since March 10, 2024.
[3] This point is amended by point b clause 1 Article 1 of the Government’s Decree No.
06/2024/ND-CP on amendments to some Articles of the Government’s Decree
No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland
waterway-related activities, which has been effective since March 10, 2024.
[4] This point is amended by point c clause 1 Article 1 of the Government’s Decree No.
06/2024/ND-CP on amendments to some Articles of the Government’s Decree
No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland
waterway-related activities, which has been effective since March 10, 2024.
[5] This point is amended by point d clause 1 Article 1 of the Government’s Decree No.
06/2024/ND-CP on amendments to some Articles of the Government’s Decree
No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland
waterway-related activities, which has been effective since March 10, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[7] This clause is amended by point a clause 3 Article 1 of the Government’s
Decree No. 06/2024/ND-CP on amendments to some Articles of the Government’s
Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing management of
inland waterway-related activities, which has been effective since March 10,
2024.
[8] This clause is amended by point b clause 3 Article 1 of the Government’s Decree No.
06/2024/ND-CP on amendments to some Articles of the Government’s Decree
No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland
waterway-related activities, which has been effective since March 10, 2024.
[9] This point is amended by clause 4 Article 1 of the Government’s Decree No. 06/2024/ND-CP on
amendments to some Articles of the Government’s Decree No. 08/2021/ND-CP
dated January 28, 2021 prescribing management of inland waterway-related
activities, which has been effective since March 10, 2024.
[10] This point is repealed
by clause 4 Article 1 of the Government’s Decree No. 06/2024/ND-CP on
amendments to some Articles of the Government’s Decree No. 08/2021/ND-CP
dated January 28, 2021 prescribing management of inland waterway-related
activities, which has been effective since March 10, 2024.
[11] This point is repealed by clause 4 Article 1 of the
Government’s Decree No. 06/2024/ND-CP on amendments to some Articles of the
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities, which has been effective
since March 10, 2024.
[12] This
clause is amended by clause 1 Article 2 of the Government’s Decree No. 54/2022/ND-CP on
amendments to some Articles of the Government’s Decree
No. 78/2016/ND-CP dated July 01, 2016 on conditions for provision of
training for seafarers and operators of internal waterway vessels and
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities., which has been effective
since November 01, 2022.
[13] This clause is amended by clause 2 Article 2 of the Government’s Decree No. 54/2022/ND-CP on
amendments to some Articles of the Government’s Decree
No. 78/2016/ND-CP dated July 01, 2016 on conditions for provision of
training for seafarers and operators of internal waterway vessels and
Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing
management of inland waterway-related activities., which has been effective
since November 01, 2022.
[14] Article 3 of the Government’s Decree No. 54/2022/ND-CP on amendments to
some Articles of the Government’s Decree No. 78/2016/ND-CP dated July
01, 2016 on conditions for provision of training for seafarers and operators of
internal waterway vessels and Government’s Decree No. 08/2021/ND-CP dated
January 28, 2021 prescribing management of inland waterway-related activities,
which has been effective since November 01, 2022 stipulates that:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Decree comes into force from November 01, 2022.
2. Ministers, heads of ministerial agencies, heads of Governmental
agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities shall provide guidance and implement this Decree.”
Articles 2 and 3
of the Government’s Decree No. 06/2024/ND-CP on amendments to some Articles of
the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021
prescribing management of inland waterway-related activities, which has been
effective since March 10, 2024, stipulate that:
“Article 2. Transition clauses
1. Any written agreement on construction specifications of inland
landing stage, river-crossing passenger landing stage or inland landing stage
in service of construction of primary structures or decision on announcement or
re-announcement of operations or extension of operation period of inland
landing stage, river-crossing passenger landing stage or inland landing stage
in service of construction of primary structures issued by a competent
authority before the effective date of this Decree shall remain valid until its
expiry date. Upon expiry, organizations and individuals shall adhere to
this Decree.
2. Any application for agreement on construction specifications of
inland landing stage, river-crossing passenger landing stage or inland landing
stage in service of construction of primary structures or application for
announcement or re-announcement of operations or extension of operation period
of inland landing stage, river-crossing passenger landing stage or inland
landing stage in service of construction of primary structures or announcement
of closure of inland landing stage received by competent authorities before the
effective date of this Decree shall be processed in accordance with legislative
documents applicable at the time of receipt.
3. Within 90 working days from the effective date of this Decree,
the Department of Transport shall transfer the processed application for
announcement or re-announcement of operations of inland landing stage to the
district-level People’s Committee which has the power to announce or
re-announce operations or extend operation period of inland landing stage
according to clause 2 and clause 5 Article 1 of this Decree. During the period
of time over which the application has not been transferred and/or received, in
case of applying for re-announcement of operations of inland landing stage, the
Departments of Transport shall send documents on such inland landing stage to
the district-level People’s Committee for re-announcement of operations of
inland landing stage.
4. Online administrative procedures shall be initiated via online
public service portal as of January 01, 2025.
Article 3. Implementation clause
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Ministers, heads of ministerial agencies, heads of Governmental
agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities shall provide guidance and implement this Decree.”