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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 57/VBHN-BGTVT
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Hanoi, November 09, 2023
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DECREE
ELABORATING SOME ARTICLES OF THE
VIETNAM MARITIME CODE ON MANAGEMENT OF MARITIME OPERATIONS
The
Government’s Decree No. 58/2017/ND-CP dated May 10, 2017 elaborating some
Articles of the Vietnam Maritime Code on management of maritime operations,
which has been effective since July 01, 2017, is amended by:
1.
The Government’s Decree No. 159/2018/ND-CP dated November 28, 2018 on
management of dredging operations within seaport water and inland water areas,
which has been effective since January 11, 2019;
2.
The Government’s Decree No. 76/2021/ND-CP dated July 28, 2021 on criteria for
classification of seaports of Vietnam, which has been effective since September
10, 2021;
3.
The Government’s Decree No. 69/2022/ND-CP dated September 23, 2022 providing
amendments to Decrees on business operations in maritime sector, which has been
effective since October 30, 2022;
4.
The Government’s Decree No. 74/2023/ND-CP dated October 11, 2023 providing
amendments to Decrees prescribing division of authority to handle
administrative procedures in maritime sector, which has been effective since
November 27, 2023.
Pursuant
to the Law on Government Organization dated June 19, 2015;
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At
the request of the Minister of Transport;
The
Government promulgates a Decree on guidelines for some articles of the
Vietnam Maritime Code on management of maritime operations1.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope
1.
This Decree provides for guidelines for some articles of the Vietnam Maritime
Code on management of maritime operations, including: investment and
construction, operation of seaports, navigational channels, maritime
structures, aids to navigation, notices to mariners, operations of marine
pilots and operations of ships at seaports and within Vietnamese territorial
waters.
2.
Regulations of this Decree on maritime safety and security and environmental
safety shall be also applied to military ports, fishing ports and ports, inland
landing stages within seaport waters.
Article 2. Regulated entities
This
Decree applies to Vietnamese and foreign organizations, individuals or ships,
specialized regulatory authorities involved in investment and construction,
management and operation of seaports, navigational channels and management of
maritime operations carried out within seaport waters and Vietnamese
territorial waters.
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For
the purposes of this law; the terms below shall be construed as follows:
1.
“National single-window system” means the system that allows a declarant
to submit electronic information and documents to follow administrative
procedures for ships’ arrival and departure at seaports, inland waterway ports
and offshore oil ports via the National single-window portal. Regulatory
authorities shall make decisions via the National single-window portal.
2.
“National single-window portal serving the implementation of National
single-window system” (hereinafter referred to as “National single-window
portal”) means a centralized and integrated information system serving
e-procedures for ships’ arrival at and departure from
ports and completion of procedures at seaports.
3.
“e-procedures” means a method of following procedures via the web portal
according to regulations.
4.
“web portal” means the National single-window portal or specialized web portal
that is used to complete e-procedures for ships.
5.
“regulatory authorities at ports” include port authorities or inland waterway
port authorities, border checkpoint customs authorities, border guards at ports
(hereinafter referred to as “border guards”), quarantine authorities.
6.
“professional information systems belonging to professional regulatory
authorities at ports” (hereinafter referred to as “professional
information systems”) has the functions that are connected to Nation
single-window system portal and subsystems that process information and
documents submitted by enterprises following procedures via the National
single-window system.
7.
“procedures for ships’ arrival at and departure from ports via the
National single-window portal” (hereinafter referred to as “e-procedures”)
means the processing of electronic transactions from the time when the
declarant follows e-procedures via National single-window system until he/she
receives the decision on completion of the procedures issued by relevant
regulatory authorities.
8.
“e-applications” mean the electronic information including content of
forms, documents to be submitted by the declarant as prescribed; notifications,
confirmations of tasks performed through National
single-window portal between regulatory authorities at ports and
the declarant.
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10.
“declarant” includes shipowners or managers, charterers, operators,
masters or persons authorized to follow procedures as prescribed
in this Decree.
11.
“Port Clearance Certificate” means a document issued by a port authority or
competent authority in charge of the last port of dispatch.
12.
“electronic Port Clearance Certificate” is a permit issued
by a port authority to the declarant in the electronic form
through the web portal upon completion of e-procedures for
ships’ departure from seaports. The electronic Port Clearance Certificate
may serve as a replacement for the paper Port Clearance Certificate.
13.
“electronic permission for transit” is a permit issued
by a port authority to the declarant in the electronic form
through the web portal upon completion of e-procedures in transit.
The electronic permission for transit may serve as a replacement for the paper
permission for transit.
14.
“e-dispatch order allowing a ship to arrive at a port" means a port
authority allowing a ship to arrive a port according to the e-dispatching plan
on the web portal or when a ship is dispatched within a maritime area of the
seaport waters.
15.
“maritime area” is the seaport waters and the area under
the management of a port authority. A seaport may have more than one maritime
areas.
16.
"floating terminal” means a system of anchor buoys, chains, concrete
blocks for buoy and equipment that are used for anchoring vessels, handling
cargoes, embarking and disembarking passengers as well as providing other
maritime services.
17.
“compulsory marine pilotage area” (hereinafter referred to as
“compulsory pilotage area”) means a restricted area within seaport waters or
offshore oil field, stretching from the area where a pilot boards or leaves a
wharf, floating terminal, terminal, anchorage area, transshipment area, storm shelter,
shipbuilding and repairing plant, offshore petroleum depot and vice versa,
where ships must be steered by pilots in accordance with the Vietnam Maritime
Code. A compulsory pilotage area includes one or more ship navigation routes.
18.
“non-compulsory marine pilotage area” (hereinafter referred to as
“non-compulsory pilotage area”) means the waters where ships are not
required to be steered by pilots in accordance with the Vietnam Maritime Code.
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20.
“expected arrival position” means the pilot boarding location or the boundary
of the seaport waters of the operating area of the ship in Vietnamese
territorial waters.
Chapter II
MANAGEMENT
OF SEAPORTS AND NAVIGATIONAL CHANNELS
Section 1. INVESTMENT IN AND CONSTRUCTION OF SEAPORTS AND
NAVIGATIONAL CHANNELS
Article 4. Rules for investment in and construction and
power to decide the guidelines for investment in seaports and navigational
channels
1.
Vietnamese and foreign organizations and individuals investing in and constructing
seaports, terminals, wharves, floating terminals, anchorages, transshipment
areas and navigational channels shall comply with regulations of this Decree
and relevant regulations of law.
2.
The investment in and construction of seaports,
terminals, wharves, floating terminals, anchorages, transshipment areas and
navigational channels shall conform to the planning for seaport system
development and other relevant approved planning; in the event a seaport or
navigational channel project contravene the approved planning for seaport
system development, before executing such project, the investor must inform and
be accepted by the authority that has the power to approve the planning.
3.
The organizations and individuals investing in and constructing specialized
seaports, terminals, wharves, floating terminals, anchorages, transshipment
areas and navigational channels shall invest in and construct seaport
infrastructures, specialized navigational channels berth pockets or water areas
unless the nearby current public navigational channel, pilot boarding area,
phytosanitary inspection area or turning basin satisfies requirements for
operations of ships at such specialized port.
4.
The decision on guidelines for investment in seaports, terminals, wharves and
navigational channels that is financed by funds for public investment shall be
made in accordance with the Law on Public Investment.
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Article 5. Management of investment in and construction of
navigational channels
1.
The investment in and construction of navigational channels
shall conform to the approved planning for seaport system development and
comply with relevant regulations of law.
2.
The Ministry of Transport shall direct the Vietnam Maritime Administration to
compile, announce and annually update the list of navigational channels;
inspect and supervise the investment in and construction of navigational
channels in according to the approved planning.
Article 6. Agreement on locations and detailed technical
specifications of seaports, terminals, wharves and navigational channels
1.2 Before approving the investment
project, the investor shall submit an application for agreement on locations
and detailed technical specifications of the seaport, terminal, wharf or
navigational channel, directly or by post or via the online public service
system or in any other appropriate form to Vietnam Maritime Administration. The
application includes:
a)
The application form made using Form No. 01 enclosed herewith;
b)
The copy or electronic copy of the written approval for investment guidelines
given by a competent authority as prescribed in Clause 4 Article 4 of this
Decree;
c)
The original or electronic copy or electronic copy from the master register or
certified true electronic copy of the original of the drawing of the structure
that shows the coordinates of the location of main structure and other
auxiliary structures, the distance from the structure boundary to the adjacent
structures;
d)
The copies accompanied with their originals for verification purpose or
electronic copies or electronic copies from the master registers or certified
true electronic copies of the originals of legal documents about the land area
for the project (specifying the coordinates of the boundary of the land area);
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2.
Within 02 working days from the day on which a valid application submitted by
the investor is received, the Vietnam Maritime Administration shall
send enquiry forms to relevant authorities about the investor’s request. Within
05 working days from the day on which the enquiry form and relevant documents
are received, the receiving authority shall send a response to the Vietnam
Maritime Administration.
3.3 Within 03 working days from the
receipt of adequate opinions from relevant authorities about the investor’s
application, the Vietnam Maritime Administration shall prepare and send a
written agreement on location and detailed technical specifications, directly
or by post or via the online public service system or in any other appropriate
form to the investor. If an application is refused, Vietnam Maritime
Administration shall give a written response in which reasons for such refusal
shall be indicated.
4.
Before constructing a seaport, terminal, wharf or navigational channel, the
investor shall submit a copy of the investment and construction decision,
enclosed with the overall contour map of the site and a copy of the decision on
approval for design to the Vietnam Maritime Administration to serve
the management.
Article 7. Supervision of construction of other structures
within seaport waters
1.
The construction of other structures within seaport waters that are not
regulated in Article 4 of this Decree shall comply with regulations of this
Decree on assurance about maritime safety and security and prevention of
environmental pollution, and other relevant regulations of law.
2.
Before the start of construction, the investor shall submit a copy of
the investment decision and the overall contour map of the site
of the structure to the local port authority responsible for the area
where the structure is constructed, which will supervise the construction by
the investor to ensure maritime safety. This Clause does not apply to the
structure that is subject to the plan for maritime safety assurance prescribed
in Article 8 of this Decree.
3.
The investor in the construction of ports and inland landing stages within
seaport waters shall follow procedures prescribed in Article 19 of this Decree.
4.4 For the project on construction of
the structures that intersect seaport waters and navigational channels or that
affect maritime operations, such as bridges, power lines, cable cars,
underground structures and other similar structures, upon his/her proposal for
the project, the investor shall, directly or by post or via the online public
service system or in any other appropriate form, submit a written request to
the Vietnam Maritime Administration for its opinions about the necessity,
expected location and scale, vertical clearance and depth of the structure.
Within
05 working days from the receipt of the written request for opinions and the
copy of overall contour map of the site, the Vietnam Maritime Administration
shall send a written response specifying the requirements that need to be
satisfied to ensure maritime safety and security, and prevent environmental
pollution, directly or by post or via the online public service system or in
any other appropriate form to the investor. In case of refusal, Vietnam
Maritime Administration shall give a written response in which reasons for such
refusal shall be indicated.
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6.
The local port authority shall inspect and supervise: conditions for start of
the construction of structure in accordance with regulations of law;
construction location and scale, watercrafts, equipment, construction measures,
construction progress, construction supervision by the investor, measures for
maritime safety assurance and other necessary contents throughout the
investment in and construction of ports, inland landing stages within seaport
waters, compliance with the approved master plan and project, assurance about
maritime safety and security and prevention of environmental pollution. The
inspection and supervision shall only end when the investor completes the
construction and clear the obstacles (if any).
Article 8. Plan for maritime safety assurance
1.
Before constructing a seaport, terminal, wharf, floating terminal, berth pocket
or water area, the investor shall request a competent authority to consider
approving the plan for maritime safety assurance and shall organize the
implementation of the approved plan.
2.
The cases in which a plan for maritime safety assurance must be prepared:
a)
Construction of seaports, terminals, wharves, floating terminals, navigational
channels, aids to navigation, berth pockets and water areas;
b)
Construction of the structures that intersect seaport waters and
navigational channels or that affect maritime operations, such as: bridges,
power lines, cable cars, underground structures, and other similar
structures, drilling rig, wind power, hydropower, thermal power and other
similar structures;
c)
The structures that are constructed within Vietnamese territorial waters and
affect maritime operations.
3.
The port authority shall approve the plan for maritime safety assurance. For
the structures specified in Point b Clause 2 of this Article, the port
authority shall obtain the consent of the Vietnam Maritime
Administration before giving approval. Within 04 working days from the day
on which the plan for maritime safety assurance submitted by the port
authority is received, the Vietnam Maritime Administration shall submit
a written consent to the plan for maritime safety assurance to
the port authority. In case of rejection, a written response
specifying reasons thereof shall be given.
4.
Contents of the plan for maritime safety assurance include:
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b)
Duration of the construction;
c)
Approved construction measures;
d) Plan
for maritime safety assurance;
dd)
Plan for organization and cooperation in implementation.
5.
Procedures for approving the plan for maritime safety assurance: The investor
shall submit 01 application, directly or in other appropriate forms, to the
local port authority. An application for approval for the plan for maritime
safety assurance includes:
a) A
written request for approval for the plan for maritime safety
assurance according to the Form No. 02. provided in the Appendix enclosed
herewith;
b) A
copy of the investment and construction decision;
c) A
copy of overall contour map of the site of the structure;
d)
The original of the plan for maritime safety assurance.
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The
local port authority shall receive the application. If the application is
invalid, within 03 working days from the day on which such application is
received, the local port authority shall provide guidance on the completion of
the application as prescribed in this Decree. If the application is valid,
within 07 working days from the day on which such application is received, the
local port authority shall submit a written approval for the plan for maritime
safety assurance, directly or by post, to the investor.
7.
The Decision on approval for the plan for maritime safety assurance of the port
authority shall specify: general information about the structure and project;
duration of transfer of land; duration of the construction; construction
measures; plan for maritime safety assurance; installation and adjustment of
the aids to navigation; plan for organization, cooperation in implementation,
inspection and supervision, and other necessary contents.
8.
Before approving the plan for maritime safety assurance, the local port
authority shall send enquiry forms to the maritime safety enterprises, pilotage
service providers and other relevant authorities and units; the maritime safety
enterprise shall implement the approved plan for maritime safety assurance
according to regulations of the investor.
9.
The Vietnam Maritime Administration and the port authorities shall inspect
the implementation of the approved plan for maritime safety assurance.
Section 2. REGULATIONS ON NAMING AND RENAMING OF SEAPORTS,
OFFSHORE OIL PORTS, PORTS, WHARVES, FLOATING TERMINALS, BERTH POCKETS AND WATER
AREAS
Article 9. Rules for naming and renaming of seaports,
offshore oil ports, ports, wharves, floating terminals, berth pockets and water
areas
1.
Seaports, offshore oil ports, ports, wharves, floating terminals, berth pockets
and water areas shall be named according to the rules prescribed in Article 77
of the Vietnam Maritime Code.
2.
The name of a seaport and offshore oil port must be in Vietnamese and may be
followed by an English name, starting with the word "Cảng biển" (“Seaport”)
or phrase "Cảng dầu khí ngoài khơi" (“Offshore oil port”) then the
proper name after the name of the place where the seaport or offshore oil port
is located.
3.
The name of a port, wharf, berth pocket or water area must be in Vietnamese and
may be followed by an English name, starting with the word or phrase “Bến cảng"
(Port), “Cầu cảng” (Wharf), “Khu” (”Pocket”), “Vùng” (“Area”) then the proper
name of the structure.
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1. A
seaport, offshore oil port, port, wharf, floating terminal, berth pockets or
water areas shall be named when a competent authority announces the opening of
a seaport, offshore oil port, port, wharf, floating terminal, berth pockets or
water areas at the request of the investor or relevant organizations.
2.
The power to decide to rename a seaport, offshore oil port, port, wharf,
floating terminal, berth pocket or water area:
a)
The Minister of Transport shall decide to rename a seaport or offshore oil
port;
b)
The Vietnam Maritime Administration shall decide to rename a port, wharf,
floating terminal, berth pocket or water area.
3.
Procedures for renaming the announced seaport, offshore oil port, port, wharf,
floating terminal, berth pocket or water area:
a)
The investor or operator shall submit a written request for renaming of the
seaport according to the Form No. 03 provided in the Appendix enclosed
herewith, directly or in other appropriate forms, to the Vietnam Maritime
Administration.
b)
Within 02 working days from the day on which a satisfactory application
prescribed in Point a of this Clause is received, the Vietnam Maritime
Administration shall submit a written request to the Ministry of Transport for
permission to rename the seaport or offshore oil port and renaming of the port,
wharf, floating terminal, berth pocket or water area. Within 02 working days
from the day on which the written request submitted by the Vietnam Maritime
Administration is received, the Ministry of Transport shall consider and issue
the decision on renaming of the seaport or offshore oil port. In case of
rejection, the Ministry of Transport shall inform the Vietnam Maritime
Administration thereof. The Vietnam Maritime Administration shall submit a
written notice to the investor or operator of the seaport.
Section 3. ANNOUNCEMENT OF THE OPENING OR CLOSURE OF A
SEAPORT, OFFSHORE OIL PORT, PORT, WHARF, FLOATING TERMINAL, BERTH POCKET OR
WATER AREA
Article 11. Conditions for announcement of the opening or
closure of a seaport, offshore oil port, port, wharf, floating terminal, berth
pocket or water area
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2.
The investor has all documents prescribed in Articles 13 and 14 of this Decree.
Article 12. Power to announce the opening or closure of a
seaport, offshore oil port, port, wharf, floating terminal, berth pocket or water
area
1.
The Minister of Transport shall decide to announce the opening or closure of a
seaport or offshore oil port.
2.
The Director General of the Vietnam Maritime Administration shall decide to
announce the opening or closure of a port, wharf, floating terminal, berth
pocket or water area.
Article 13. Procedures for announcing the opening of a
seaport or offshore oil port and announcing the first use of a navigational
channel
1.
The investor shall submit 01 application, directly or in other appropriate
forms, to the Vietnam Maritime Administration. The application includes:
a) A
written request for announcement of the opening of a seaport or offshore oil
port according to the Form No. 04 provided in the Appendix enclosed herewith;
b)
The record on the commissioning of the completed seaport, offshore oil port or
navigational channel (in the event the navigational channel is opened at the
same time as the opening of the seaport), enclosed with the written consent to
the commissioning results, as-built drawing of the land, vertical and
horizontal sections of the seaport (not mandatory for offshore oil ports).
c)
The commissioning record signed by the investor and competent organizations on
the results of survey of obstacles on the bottom of the area of water facing
against the wharf or navigational channel, except for the offshore oil port;
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dd)
The decision on approval for plan for offshore oil spill.
2.
The Vietnam Maritime Administration shall receive the application. If the
application is invalid, the Vietnam Maritime Administration shall instruct the
investor to complete the application as prescribed in this Decree. If the
application is valid, within 07 working days from the day on which such
application is received, the Vietnam Maritime Administration shall send an
enquiry to the People’s Committee of the province where the seaport or offshore
oil port is located in writing and submit a written request for decision on the
announcement of the seaport or offshore oil port, enclosed with the application
prescribed in Clause 1 of this Article to the Ministry of Transport.
3.
Within 03 working days from the day on which the written request submitted by
the Vietnam Maritime Administration is received, the Ministry of Transport
shall issue the decision on announcement of the opening of a seaport or
offshore oil port, made using the Form No. 05 provided in the Appendix enclosed
herewith and submit the decision by post to the investor or the investor shall
receive it directly at the Ministry of Transport.
4.
The first use of a navigational channel shall be announced as follows:
a) In
the event the navigational channel is opened at the same time as the opening of
the seaport, the Ministry of Transport shall make such announcement;
b) In
the event the navigational channel is opened after the seaport is opened or the
navigational channel is reinvested and reopened due to adjustment, expansion or
upgradation, the Vietnam Maritime Administration shall make the announcement.
5.5 Procedures for request for
announcement of the first use of a navigational channel: After the
re-investment, adjustment, expansion or upgrade of the navigational channel is
completed, the investor or project management organization shall submit an
application, directly or by post or via the online public service system or in
any other appropriate form, to Vietnam Maritime Administration. The application
includes:
a)
The application form made using Form No. 04 in the Appendix enclosed herewith;
b) The
copy accompanied with its original for verification purpose or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the record of the commissioning of the completely
constructed structure, enclosed with the as-built drawing of the navigational
channel and aids to navigation system that are invested according to the
project;
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d)
The copies accompanied with their originals for verification purpose or
electronic copies or electronic copies from the master registers or certified
true electronic copies of the originals of the notice to mariners about the
technical specifications of the navigational channel, enclosed with the contour
map of the navigational channel; the notice to mariners about the aids to
navigation system that is invested according to the project; the commissioning
record signed by the investor and competent organization on the results of
survey of obstacles on the bottom of the navigational channel and associated
waters.
Within
03 working days from the receipt of the application as prescribed in this
Clause, Vietnam Maritime Administration shall announce the first use of the
navigational channel as prescribed. In case of refusal, Vietnam Maritime
Administration shall give a written response in which reasons for such refusal
shall be indicated.
Article 14. Procedures for the opening of a port, wharf,
floating terminal, berth pocket or water area
1. 6 After the construction of a port,
wharf, floating terminal, berth pocket or water area is completed, the investor
shall submit an application for announcement of the opening of a port, wharf,
floating terminal, or dedicated waters, directly or by post or via the online
public service system or in any other appropriate form, to Vietnam Maritime
Administration.
2.
The investor shall select an organization licensed to survey and find obstacles,
and clear the obstacles (if any) within the area of water facing against the
floating terminal and the area of water facing against the port, wharf,
navigational channel, berth pocket or water area in accordance with
regulations.
After
the survey, scanning and clearance of the obstacles, parties shall commission
and make a record on commissioning of survey results, scanning and clearance of
the obstacles within the area of water facing against the floating terminal and
the area of water facing against the port, wharf, navigational channel, berth
pocket or water area.
3. An
application for announcement of the opening of a port, wharf, berth pocket or
water area includes:
a) A
written request for the announcement, made using Form No. 06 provided in the
Appendix enclosed herewith;
b)
The record on the commissioning of the completely constructed structure before
its first use, enclosed with the written consent to the commissioning results,
as-built drawing of land, vertical view and cross-section view of the port,
wharf, berth pocket or water area;
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d)
The decision on approval for the environmental impact assessment report of the
project;
dd)
Commissioning record on fire prevention and fighting;
e) A
copy of the certificate of port security according to regulations.
4.7 Procedures for receiving and
processing an application: Vietnam Maritime Administration shall receive the
application. If the application is invalid, within 03 working days from the
receipt of the application, Vietnam Maritime Administration shall provide
guidelines for completion of the application as prescribed in this Decree. If
the application is valid, within 03 working days from the receipt of the
application, Vietnam Maritime Administration shall issue the decision on
announcement of the opening of a port, wharf, floating terminal, berth pocket
or water area, using Form No. 07 provided in the Appendix enclosed herewith,
and send it directly or by post or via the online public service system or in
any other appropriate form to the investor.
5.
For the seaport that has only one terminal or wharf, after completing the
procedures for announcement of opening of a seaport, the investor shall follow
the procedures for announcement of opening of the port or wharf as prescribed
in this Article before putting it into operation.
6.
The documents prescribed in Points d, dd and e, Clause 3 of this Article are
not mandatory when announcing the opening of a berth pocket, water area,
structure that only serves pilot boarding, quarantine areas, storm shelter or
anchorage area used to anchor ships waiting to enter a port, terminal or wharf
or anchor public service ships without transshipping or loading cargoes or
providing other transport services.
Article 15. Announcement of the first use of other
structures
1.
After the construction of other structures within seaport waters that are not
regulated in Article 4 of this Decree is completed, the investor shall submit
the following documents, directly or in other appropriate forms, to a port
authority and maritime safety enterprise in the area where the structure is
constructed to announce the first use of the structure:
a) A
written notice about the first use of the structure, made using the Form No. 08
provided in the Appendix enclosed herewith;
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2.
The investor shall publish information about the first use of the structure
specified in Clause 1 of this Article on three consecutive issues of a central
or local daily newspapers or broadcast it on central or local Radio or
Television Stations 03 times in 03 consecutive days.
Article 16. Announcement of the closure of a seaport or
offshore oil port
1.
The closure of a seaport or offshore oil port shall be considered in the following
cases:
a)
The seaport or offshore oil port is closed for reasons of national defense and
security assurance or other special reasons;
b)
The seaport or offshore oil port is no longer eligible to operate as
prescribed;
c)
Epidemics and natural disasters occur and other cases according to regulations
of law.
2.
Procedures for announcing the closure of a seaport or offshore oil port:
a)
Procedures for announcing the closure of a seaport under Point a, Clause 1 of
this Article: In case of emergency, the Ministry of Transport shall issue a
decision on closure of a seaport, which is made using the Form No. 09 provided
in the Appendix enclosed herewith and report it to the Prime Minister. For
other cases, within 05 working days from the day on which a written request for
closure of a seaport, the Ministry of Transport shall collect comments from
relevant authorities about the closure of the seaport and issue an announcement
on the closure, which is made using the Form No. 09 provided in the Appendix
enclosed herewith. In case of rejection, explanation shall be provided.
b)
Procedures for announcing the closure of a seaport under Points b and c, Clause
1 of this Article: The applicant shall submit an application for permission for
closure of a seaport according to the Form No. 10 provided in the Appendix
enclosed herewith, directly or in other appropriate forms, to the Ministry of
Transport.
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Article 17. Announcement of the closure of a port, wharf, floating
terminal, berth pocket or water area
1.
The closure of a port, wharf, floating terminal, berth pocket or water area
shall be considered in the following cases:
a)
The port, wharf, floating terminal, berth pocket or water area no longer exits
or is ineligible to operate or its closure is requested by the investor or
local port authority;
b)
The port, wharf, floating terminal, berth pocket or water area operates
ineffectively or its closure is requested by the investor;
c)
The seaport or offshore oil port is closed for reasons of defense and security
assurance or other special reasons.
2.
Procedures for announcing the closure of a port, wharf, floating terminal,
berth pocket or water area:
a)8 The investor or the regional port
authority shall submit an application form which is made using the Form No. 10
provided in the Appendix enclosed herewith, directly or by post or via the
online public service system or in any other appropriate form, to Vietnam
Maritime Administration
b)
The Vietnam Maritime Administration shall receive the application form. If the
application form is unsatisfactory, within 01 working day from the day on which
such form is received, the Vietnam Maritime Administration shall provide
guidance on the completion of the form as prescribed in this Decree. If the
application form is satisfactory, within 05 working days from the day on which
such form is received, the Vietnam Maritime Administration shall send enquiry
forms to relevant authorities (if any) and issue the decision on announcement
of the closure of a port, wharf, floating terminal, berth pocket or water area
according to the Form No. 11 provided in the Appendix enclosed herewith and
send it directly or by post or via the online public service system or in any
other appropriate form to the applicant9.
Article 18. Announcement of seaport waters, maritime areas
and areas under the management of port authorities
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a) A
written request for announcement of seaport waters;
b)
Written comments of the People's Committees of the provinces concerned;
c)
The nautical chart showing the boundaries of the seaport waters and areas under
the management of the port authority.
2.
According to the application specified in Clause 1 of this Article, the
Ministry of Transport shall consider announcing the seaport waters and areas
under the management of port authorities.
Article 19. Operations of ports, inland landing stages and
fishing ports within seaport waters
1.
Competent authorities shall manage the investment in and construction of ports,
inland landing stages and fishing ports within seaport waters in accordance
with relevant regulations of law; before responding to the investor with the
permission for investment in and construction of ports, inland landing stages
and fishing ports within seaport waters, they shall send enquiry forms to local
port authorities.
2.
After the construction of ports, inland landing stages and fishing ports within
seaport waters is completed, the investor shall submit relevant documents to a
competent authority to request announcement of the first use of the structures
as prescribed and shall follow procedures for issuing the announcement of the
first use of the structures as prescribed in Article 15 of this Decree.
3.
Port authorities are responsible for state management of ports, inland landing
stages and fishing ports within seaport waters in terms of maritime safety and
security and environmental safety.
4.
Competent authorities shall organize state management of operations of ports
and inland landing stages within seaport waters in accordance with regulations
of the Law on Inland Waterway Transport; and organize state management of
operations of fishing ports within seaport waters in accordance with
regulations of law on fisheries.
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Article 20. Classification of seaports and announcement of
the list of seaports and ports of Vietnam
1.10
2.
Every March, the Vietnam Maritime Administration shall prepare and submit the
list of ports of Vietnam to the Ministry of Transport. The application
includes:
a)
The application form for announcement of the list of ports of Vietnam;
b)
The draft list of ports of Vietnam;
c) A
copy of the decision on announcement of a port.
3.
The Vietnam Maritime Administration shall announce the list of seaports of
Vietnam and navigational channels and the list of announced ports of Vietnam.
4.
The funding for compilation of the list of seaports, terminals and navigational
channels shall be obtained from the state budget and other legal funding
sources.
Article 21. Seaport regulations
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2.
Seaport regulations shall be made as prescribed in this Decree, other relevant
regulations of law and actual maritime operations carried out at seaports and
within areas under the management of port authorities.
3.
The Vietnam Maritime Administration shall approve the seaport regulations at
the request of the Director of the port authority and comments from relevant
organizations
4.
The Director of the port authority shall issue, publish and provide guidelines
for and inspect the implementation of seaport regulations as prescribed.
5.
Vietnamese and foreign organizations, individuals and ships shall comply with
seaport regulations while operating within seaport waters and areas under the
management of port authorities.
Section 4. MANAGEMENT AND OPERATION OF SEAPORTS,
NAVIGATIONAL CHANNELS AND OTHER STRUCTURES WITHIN VIETNAMESE TERRITORIAL WATERS
Article 22. Rules for management and operation of seaports
1. A
seaport shall be managed and operated as prescribed in law to ensure investment
efficiency and avoid any possible loss and wastefulness.
2.
Seaport infrastructures shall undergo quality survey on a periodic basis in
accordance with regulations.
3.
Surveys on areas of water facing against wharves, berth pockets and water areas
shall be periodically made and included in the notices to mariners as
prescribed.
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a) A
seaport infrastructure project financed by the state budget shall be partially
or entirely leased out in accordance with laws; the revenues generated from
such leasing belong to the state budget, and are utilized as prescribed in the
law on state budget and prioritized for seaport infrastructure development;
b)
The method of management and operation of the seaport infrastructure that is
financed by other capital sources not regulated in Point a of this Clause shall
be decided by the investor in accordance with regulations of law.
Article 23. Rules for management and operation of
navigational channels
1.
The Ministry of Transport shall direct the Vietnam Maritime Administration to
organize state management of the planning for development, investment in and
construction of navigational channels nationwide, and announce the first use
of, manage and operate these channels nationwide.
2.
Maritime safety enterprises shall directly manage and operate the public
navigational channels assigned to them.
3.
Enterprises shall invest in, construct, manage and operate specialized
navigational channels. In the event a specialized navigational channel is
converted into a public one, part of investment capital shall be refunded to
enterprises in accordance with regulations of the Ministry of Finance.
4.
Every navigational channel operator shall conduct periodic survey in order to
issue notices to mariners as prescribed.
5.
Management and operation of navigational channels and aids to navigation
systems include:
a)
Maintenance, upgrade and repair of navigational channels, aids to navigation,
and structures and auxiliary equipment for assurance about the safety of
maritime operations;
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c)
Periodic surveys of depth and issuance of notices to mariners according to
regulations;
d)
Dredging and maintenance of navigational channels for assurance about their
depth in accordance with design standards.
6.
The organization charged with management and operation of navigational channel
routes shall submit an annual report on condition of channel routes and plan
for management, operation, maintenance, upgrade, repair, survey and issuance of
notices to mariners according to regulations to the Vietnam Maritime Administration,
which will submit the maintenance plan to the Ministry of Transport for
approval.
7.
When detecting deviations from disposition of aids to navigation or damage or
loss of aids to navigation, including their suspension or replacement, the
operating organization shall immediately inform the local port authority. In
case of change of positions, specifications or purposes, enquiry forms shall be
sent to the local port authority and submitted to the Vietnam Maritime
Administration for approval.
Article 24. Public maritime safety assurance services
1.
Public maritime safety assurance services include:
a)
Operate and maintain aids to navigation, public navigational channels and
maritime routes;
b)
Survey, establish, publish and update nautical charts of seaport waters,
navigational channels and maritime routes;
c)
Issue notices to mariners;
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dd)
Provide electronic maritime information;
e)
Repair, improve and upgrade structures and assets to ensure maritime safety;
g)
Undertake unexpected missions to ensure maritime safety.
2.
The Ministry of Transport shall implement the procurement procedures and assign
maritime safety enterprises to provide maritime safety assurance services and
products as prescribed.
Article 25. Investment in and construction of temporary
seaport infrastructures
Temporary
seaport infrastructures shall be established to serve the construction of
structures and project or satisfy the needs for socio-economic development in
the area for a certain period of time.
1.
Conditions for establishment of a temporary seaport infrastructure:
a)
The current seaport infrastructure fails to satisfy essential needs in the
area;
b)
The construction of structures or projects must be served;
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2.
Operations of a temporary seaport infrastructure shall be suspended within 03
years when the construction and project is completed or the seaport
infrastructure in the area has satisfied the need. For the temporary seaport
infrastructure that is a floating terminal or transshipment area in service of
local socio-economic development, operation is allowed within a period in
conformity with the planning for seaport development.
3.
Procedures for reaching an agreement on construction of a temporary seaport
infrastructure.
a)
The investor shall submit a written request for agreement on construction of a
temporary seaport infrastructure, directly, by post or via the online public
service system or in any other appropriate form 11, to the Vietnam Maritime Administration.
b)
Within 02 working days from the day on which the request is received, the
Vietnam Maritime Administration shall send enquiry forms to the local port
authority and relevant authorities. Within 03 days from the day on which the
written comments are received, the Vietnam Maritime Administration shall
request the Ministry of Transport to consider granting a written consent if all
conditions are satisfied. Within 03 working days from the day on which the
written consent granted by the Vietnam Maritime Administration is received, the
Ministry of Transport shall send a written response to the Vietnam Maritime
Administration. Within 03 working days after the written response sent by the
Ministry of Transport is received, the Vietnam Maritime Administration shall a
written response specifying whether the construction of the temporary seaport
infrastructure is approved, directly, by post or via the online public service
system or in any other appropriate form12,
to the investor.
For
the temporary seaport infrastructure that is a floating terminal or
transshipment area in service of local socio-economic development in the area,
within 03 working days from the day on which the written response sent by the
Vietnam Maritime Administration is received, the Ministry of Transport shall,
if necessary, send a written notice to the People’s Committee of the province
where the floating terminal or transshipment area is established. Within 03
working days from the day on which the written notice sent by the People’s
Committee of the province is received, the Ministry of Transport shall send a
written response to the Vietnam Maritime Administration. Within 03 working days
after the written response given by the Ministry of Transport is received, the
Vietnam Maritime Administration shall send a written response specifying
whether the construction of the temporary seaport infrastructure is approved,
directly or by post, to the investor.
4. In
the event the temporary seaport infrastructure operates beyond the duration
prescribed in Clause 2 of this Article, the investor shall submit a written
request for extension enclosed with comments from the local port authority.
Within 02 working days from the day on which the written request is received,
the Vietnam Maritime Administration shall grant a written consent to the
extension to the Ministry of Transport if all conditions are satisfied. Within
03 working days from the day on which the written consent granted by the
Vietnam Maritime Administration is received, the Ministry of Transport shall
send a written response to the Vietnam Maritime Administration. Within 03
working days after the written response sent by the Ministry of Transport is
received, the Vietnam Maritime Administration shall a written response
specifying whether the construction of the temporary seaport infrastructure is approved,
directly, by post or via the online public service system or in any other
appropriate form13, to the
investor.
5.
Procedures for applying for establishment of a temporary seaport
infrastructure:
a)
After reaching an agreement on construction of a temporary seaport
infrastructure, the investor shall submit a written request for establishment
of the temporary seaport infrastructure, made using the Form No. 12 provided in
the Appendix enclosed herewith and documents about investment in and operation
of seaport infrastructures, directly, by post or via the online public service
system or in any other appropriate form14,
to the Vietnam Maritime Administration;
b)
Within 03 working days after the written request is received, the Vietnam
Maritime Administration shall grant a written consent to the establishment of
the temporary seaport infrastructure. In case of rejection, a written response
specifying reasons thereof shall be sent to the investor directly, by post or
via the online public service system or in any other appropriate form15.
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7.
The temporary seaport infrastructure shall be put into operation as prescribed
in Article 14 of this Decree.
Article 26. Charges and fees for the management, operation
and use of seaports and navigational channels invested in by enterprises
1.
Charges and fees for the management, operation and use of seaports and
navigational channels shall comply with regulations of law on fees and charges.
2.
The Ministry of Finance shall, after reaching an agreement with the Ministry of
Transport, specify the specific fee rates for assurance about maritime safety
of the navigational channel invested in and operated by enterprises for the
purposes of assuring maritime safety and security and preventing environmental
pollution.
Article 27. Operations of the structures within Vietnamese
territorial waters
1.
The survey, exploration, investment in and construction, and establishment of
the structures within Vietnamese territorial waters shall comply with
regulations of Vietnam’s laws and treaties to which the Socialist Republic of
Vietnam is a signatory but must not affect the operational safety of structures
on maritime routes and traffic separation within Vietnamese territorial waters.
2.
The structures that are installed and constructed within Vietnamese territorial
waters must have a safety radius of at least 500 m from the furthermost outer
edge of the structure. Within 02 nautical miles measured from the furthermost
outer edge of the structure, unauthorized ships must not anchor
3.
The floating production storage and offloading unit that operates within Vietnamese
territorial waters for the first time and functions as an offshore oil port
within 15 years from the day on which its keel is laid.
4.
When the service life of a structure within Vietnamese territorial waters
expires, it must be dismantled. The investor whose equipment and structures at
sea have not been dismantled for technical reasons or due to force majeure
events shall inform the local port authority of their locations, sizes, shapes
and depth, and install marine signs and aids to navigation according to
regulations.
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Section 5. MANAGEMENT AND OPERATION OF STATE-FUNDED PORT
AND WHARF INFRASTRUCTURE
Article 28 (repealed)16
Article 29 (repealed)17
Article 30 (repealed)18
Article 31 (repealed)19
Article 32 (repealed)20
Article 33 (repealed)21
Article 34 (repealed)22
Article 35 (repealed)23
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Article 37. Inspection of seaport infrastructures
1.
Contents and procedures for carrying out inspection of seaport infrastructures
shall comply with regulations of law on construction.
2.
The Ministry of Transport shall direct the Vietnam Maritime Administration to
organize inspection of seaport infrastructures.
Chapter III
MANAGEMENT
OF AIDS TO NAVIGATION AND NOTICES TO MARINERS
Section 1. AIDS TO NAVIGATION
Article 38. General regulations on aids to navigation
1.
The investment and construction of aids to navigation must comply with
regulations of this Decree and the law on investment and construction. The aids
to navigation shall be arranged at necessary locations to ensure the maritime safety.
2.
The Ministry of Transport shall organize state management of aids to
navigation.
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4.
Maritime safety enterprises shall be assigned to manage and operate and take
responsibility for operational safety of the aids to navigation.
5. An
organization or individual that manages and operates public navigational
channel, specialized navigational channel, area of water facing against the
wharf or conducts survey, constructs and operates the structures within seaport
waters and Vietnamese territorial waters should establish, manage, operate and
take responsibility for operational safety of the aids to navigation on such channel
and waters according to the announced technical standards and regulations.
6.
The Minister of Transport shall elaborate the management and operations of aids
to navigation system; and issue national technical regulations on aids to
navigation.
Article 39. Investment in and construction of aids to
navigation
1.
Based on the scale, nature and features of state-funded investment project on
aids to navigation, the Minister of Transport shall consider making decision on
investment or authorize the Director General of the Vietnam Maritime
Administration to consider making decision on investment.
2.25 Maritime safety enterprises shall
assume responsibility for timely establishment of aids to navigation for
irregular maritime safety services and immediately submit reports on such
establishment to Vietnam Maritime Administration and the local port authority.
The establishment of aids to navigation for irregular maritime safety services
shall be exempted from procedures for granting permission for establishment of
aids to navigation as prescribed in Article 40 and procedures for putting aids
to navigation into operation as prescribed in Article 41 but shall be subject
to procedures for issuance of notices to mariners about establishment of new
aids to navigation.
3.
Organizations and individuals have an obligation to establish the aids to
navigation upon management and operation of specialized navigational channels
or utilization of the following areas:
a)
Areas where boring geology investigations, and oil and gas extraction are
carried out;
b)
Fishing and aquaculture areas;
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d)
Areas where cables or underground pipes, underground structures and equipment
are installed and affect maritime operations;
dd)
Areas where military exercise, search and rescue, fire, and oil spill response
drills are carried out;
e)
Areas where oceanographical data collection system is installed;
g)
Areas where entertainment, tourism and sports activities are carried out.
4.
Organizations and individuals when building structures that pass the
navigational channels or that affects maritime operations, such as: bridges,
power lines, cable cars, underground structures, and other similar structures,
drilling rig, wind power, hydropower, thermal power and other similar
structures shall establish the aids to navigation to ensure maritime safety.
5.26 Before establishing the aids to
navigation, the organizations and individuals specified in Clause 3 of this
Article are required to obtain approval, from the local port authority or
Vietnam Maritime Administration, of the location, scale and type of the aids to
navigation as prescribed in Article 40 of this Decree.
5a.27 The establishment of aids to
navigation under construction investment projects as agreed upon in writing by
maritime authorities or approved under maritime safety assurance plans shall
not be subject to procedures for granting permissions in Article 40 of this
Decree.
6.
The establishment of aids to navigation must comply with the national technical
regulations on aids to navigation.
Article 40. Procedures for granting permission for
establishment of aids to navigation
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a)
The application form made using Form No. 15 provided in the Appendix enclosed
herewith;
b)
The copy accompanied with its original for verification purpose or electronic
copy or electronic copy from the master register or certified true electronic
copy of the original of the technical design of the aids to navigation;
c)
The copy accompanied with its original for verification purpose or electronic
copy or electronic copy from the master register or certified true electronic
copy of the original of the chart and coordinates of the aids to navigation.
2. If
the aids to navigation are to be established within seaport waters, an
application shall be submitted directly or by post or via the online public
service system to the relevant port authority.
The
port authority shall receive the application and, if the received application
is invalid, provide guidelines for completion of the application as prescribed
in this Decree within 02 working days upon its receipt of the
application. If the application is valid, within 05 working days from the
receipt of the application, the port authority shall give a written permission
for establishment of aids to navigation. In case of refusal, a written response
indicating reasons for its refusal shall be given.
3. If
the aids to navigation are to be established outside seaport waters or both
within and outside seaport waters or within seaport waters under jurisdiction
of different port authorities, an application shall be submitted directly or by
post or via the online public service system to Vietnam Maritime
Administration.
Vietnam
Maritime Administration shall receive the application and, if the received
application is invalid, provide guidelines for completion of the application as
prescribed in this Decree within 02 working days upon its receipt of the
application. If the application is valid, within 05 working days from the
receipt of the application, Vietnam Maritime Administration shall give a
written permission for establishment of aids to navigation. In case of refusal,
a written response indicating reasons for its refusal shall be given.
Article 41. Procedures for putting aids to navigation into
operation 29
1. An
application for approval for putting aids to navigation into operation
includes:
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b) The
copy accompanied with its original for verification purpose or electronic copy
or electronic copy from the master register or certified true electronic copy
of the original of the record of commissioning and transfer;
c)
The copy accompanied with its original for verification purpose or electronic
copy or electronic copy from the master register or certified true electronic
copy of the original of the contour map of obstacles found on the newly
constructed navigational channel route that is carried out by a unit licensed
to measure and survey. This unit shall assume the joint responsibility with the
investor for legality of the survey documents;
d)
The copy accompanied with its original for verification purpose or electronic
copy or electronic copy from the master register or certified true electronic
copy of the original of the notice to mariners about the establishment of new
aids to navigation.
2. If
the aids to navigation are to be established within seaport waters, the
investor shall submit an application directly or by post or via the online
public service system to the relevant port authority.
The
port authority shall receive the application and, if the received application
is invalid, provide guidelines for completion of the application as prescribed
in this Decree within 02 working days upon its receipt of the
application. If the application is valid, within 05 working days from the
receipt of the application, the port authority shall issue a decision to put
aids to navigation into operation. In case of refusal, a written response
indicating reasons for its refusal shall be given.
3. If
the aids to navigation are to be established outside seaport waters or both
within and outside seaport waters or within seaport waters under jurisdiction
of different port authorities, the investor shall submit an application
directly or by post or via the online public service system to Vietnam Maritime
Administration.
Vietnam
Maritime Administration shall receive the application and, if the received
application is invalid, provide guidelines for completion of the application as
prescribed in this Decree within 02 working days upon its receipt of the
application. If the application is valid, within 05 working days from the
receipt of the application, Vietnam Maritime Administration shall issue a
decision to put aids to navigation into operation. In case of refusal, a
written response indicating reasons for its refusal shall be given.
Article 42. Responsibilities of the unit charged with
managing and operating aids to navigation
1.
Prepare a plan for periodic repair, improvement and upgrade of aids to
navigation and submit it to a competent authority.
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3.
Repair the aids to navigation in a timely manner when the aids to navigation
are damaged, lost or deviated.
4.
Promptly compile a dossier on the extent of damage, loss or deviation of the
aids to navigation and submit it to a relevant authority to for investigation
and handling when necessary or at the request of the competent authorities.
5.
Submit quarterly reports on actual operation of aids to navigation to the
Vietnam Maritime Administration according to the Form No. 17 provided in the
Appendix enclosed herewith.
6.
Inform a competent organization upon change of features of aids to navigation
compared with the issued notices to mariners to promptly issue notices to
mariners.
Section 2. NOTICES TO MARINERS
Article 43. General regulations on issuance of notices to
mariners
1.
The Ministry of Transport shall perform the state management of notices to
mariners as prescribed.
2.
Ministries, central authorities and relevant organizations shall, within their
competence, specify the establishment and disclosure of notices and information
about security, meteorological and hydrological conditions, earthquake,
tsunami, health, epidemics and other specialized information relating to the
activities of people and ships within seaport waters and Vietnamese territorial
waters.
3.
The Vietnam Maritime Communication and Electronics Company shall transmit
notices to mariners and maritime information as prescribed in Article 59 of
this Decree.
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5.
Notices to mariners shall be simultaneously transmitted through the coastal
communication system and other appropriate means of communication.
6.
The issuance of notices to mariners shall comply with relevant regulations of
law.
Article 44. Classification of notices to mariners
Based
on their purposes, the notices to mariners are classified as follows:
1.
The notices to mariners about operations of aids to navigation:
a)
The notices to mariners about new establishment of aids to navigation: the
location, effect and operational features of visual, audio and radio aids that
are established must be included in the notices to mariners according to the
Form No. 18 provided in the Appendix enclosed herewith;
b)
The notices to mariners about change of operational features of aids to
navigation: when the operational features of the aids to navigation are
changed, such changes must be issued using the Form No. 19 provided in the
Appendix enclosed herewith;
c)
The notices to mariners about suspension of operations of aids to navigation:
when the aids to navigation are no longer capable of operating in accordance
with the announced features, the operational suspension of such aids to
navigation must be issued using the Form No. 20 provided in the Appendix
enclosed herewith;
d)
The notices to mariners about restoration of operations of aids to navigation:
after the breakdown of aids to navigation is completely handled, the
restoration of such aids to navigation must be issued using the Form No. 21
provided in the Appendix enclosed herewith;
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2.
The notices to mariners about technical specifications of navigational
channels, areas of water facing against wharves, berth pockets and water areas:
a)
The navigational channels and areas of water facing against wharves and other
berth pockets and water areas, after being constructed, dredged, maintained,
improved and upgraded, must have their depth surveyed in order to issue the
notices to mariners and periodically surveyed and included in the notices to
mariners;
b)
Maritime safety enterprises shall survey the depth of public navigational
channels berth pockets and water areas (except for the specialized
transshipment areas) to include it in the notices to mariners;
c)
The survey of depth and scan of obstacles of the specialized navigational
channels, areas of water facing against wharves and specialized transshipment
area shall be carried out by the organizations licensed to carry out
measurement and survey. The organization or individual that manages and
operates a specialized navigational channel and within an area of water facing
against the wharf and specialized transshipment area shall take responsibility
for the accuracy of the measurement and survey data provided for issuance of
notices to mariners and also take responsibility for losses related to the
accuracy of such measurement and survey data;
d)
The depth survey and obstacle scanning specified in Points b and c of this
Clause must be carried out in line with the method and technical procedures
specified by the Ministry of Transport.
dd)
The notices to mariners specified in this Clause are made using the Forms No.
23 and No. 24 provided in the Appendix enclosed herewith.
3.
The notices to mariners about newly-found dangerous obstacles: if there is any
maritime accident or emergency resulting in ship sinking or obstacles
threatening maritime safety are found, the notice to mariners about such
obstacles shall be made using the Form No. 25 provided in the Appendix enclosed
herewith.
4.
The notices to mariners about construction sites at sea or on navigational
channels: the construction sites at sea or on navigational channels affecting
the maritime operations shall be included in the notice to mariners about such
structures, made using the Form No. 26 provided in the Appendix enclosed
herewith.
5.
The notices to mariners about underground structures or structures passing the
navigational channels:
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b)
The navigational space and clearance of and other safety conditions for
structures passing the navigational channel must be included in the notices to
mariners.
The
notices to mariners specified in this Clause are made using the Form No. 27
provided in the Appendix enclosed herewith.
6.
The notices to mariners about the traffic separation, restrictions or
suspension of navigational channels: in special case, ships and vehicles must
change their route, be restricted or operations of navigational must shall be
suspended, a notice to mariners about the traffic separation, restrictions or
suspension of navigational channels shall be made using the Form No. 28
provided in the Appendix enclosed herewith.
7.
The notices to mariners about sea areas where maritime operations are
restricted or prohibited: in case a sea area is used for, military exercise
waste dumping area, prohibited anchorage, search and rescue drill area, areas
where oil or toxic substance spills occur, land dumping area, scientific
research area, fishery, aquaculture, entertainment, tourism and sports area,
area with installation of oceanographical data collection system or other civil
activities that, by nature, may endanger ships in such sea area. Therefore,
those areas must be included in the notice to mariners, which is made using
Form No. 29 provided in the Appendix enclosed herewith.
8.
The notices to mariners about retransmitted information and maritime
instructions relating to the maritime operations: information about security,
meteorological and hydrological conditions, earthquake, tsunami, health,
epidemics and other specialized information relating to the activities of
people and ships within seaport waters and Vietnamese territorial waters.
9.
The notices to mariners about announcement of maritime route and traffic
separation within Vietnamese territorial waters: upon announcement of maritime
route and traffic separation within Vietnamese territorial waters, the notice
to mariners shall be issued using the Form No. 30 provided in the Appendix
enclosed herewith.
Article 45. Power to issue notices to mariners
1.
Every maritime safety enterprises shall issue the notices to mariners specified
in Clauses 1, 2, 3, 4 and 5, Article 44 of this Decree.
2.
Every port authority shall issue the notices to mariners specified in Clauses
6, 7 and 8, Article 44 of this Decree.
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Article 46. Contents and requirements of notices to
mariners
1.
The contents of notices to mariners must be clear, concise, easy to understand
and fully and correctly reflect the required information.
2.
Requirements of notices to mariners:
a)
The location specified in a notice to mariners is taken according to the VN-2000
and WGS-84 coordinate system with 1/10-second accuracy;
b)
The depth specified in a notice to mariners is the depth of the shallowest
point in the area to be announced and is calculated in meter up to the water
level “Chart datum” with 1/10-meter accuracy;
c)
The geographical name specified in a notice to mariners is taken by the
geographical name specified in the nautical chart or in other published
nautical materials. In case the geographical name has not been specified in the
abovementioned documents, the local common name shall be used;
d)
The language used in the notice to mariners is the Vietnamese; it may be
translated into English when necessary;
dd)
Effective and expiry date of a notice to mariners (if any).
Article 47. Responsibilities of organizations for issuance
of notices to mariners
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2.
Responsibilities of the issuing organization:
a)
Publish the required information in an adequate, accurate and timely manner;
b)
Promptly correct and re-issue the notices to mariners upon detection of errors
or change of contents.
3.
The data and information provider shall be responsible to law for the accuracy
of the provided data and information.
Article 48. Procedures for issuance of notices to mariners
about the establishment of new aids to navigation
1.
The investor or operator shall submit an application for issuance of the notice
to mariners, directly or in other appropriate forms, to the issuing organization
as prescribed in Article 45 of this Decree. The application includes:
a) A
written form made using the Form No. 31 provided in the Appendix enclosed
herewith;
b) A
copy of a competent authority’s written consent to the establishment of aids to
navigation;
c) A
copy of technical design;
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2.
Procedures for receipt and processing of applications:
a) If
the application is invalid, within 02 working days from the day on which such
application is received, the competent authority shall provide guidance on the
completion of the application as prescribed in this Decree;
b) If
the application is valid, within 05 working days from the day on which such application
is received, the competent authority shall examine the application and issue
the notice to mariners. In case of rejection, a written response specifying
reasons thereof shall be given.
Article 49. Procedures for issuance of notices to mariners about
change of features, suspension, restoration and cessation of operations of aids
to navigation
1.
The unit charged with managing and operating aids to navigation shall submit 01
application for issuance of the notice to mariners, directly or in other appropriate
forms, to the issuing organization according to regulations. The application
includes:
a) A
written form for issuance of the notice to mariners about operations of aids to
navigation, made using the Form No. 31 provided in the Appendix enclosed
herewith;
b) A
record on condition of aids to navigation.
2.
Within 24 hours since receipt of the prescribed application, the issuing
organization shall examine the application and issue the notice to mariners. In
case of rejection, a written response specifying reasons thereof shall be
given.
Article 50. Procedures for periodic issuance of the notices
to mariners about technical specifications of navigational channels, areas of
water facing against wharves, berth pockets and water areas
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a) A
written form made using the Form No. 31 provided in the Appendix enclosed
herewith;
b) A
record on commissioning of survey results;
c) A
contour map of depth survey carried out within 15 days by the time the
application is submitted, a survey report and other relevant documents
collected at the site.
2.
Procedures for receipt and processing of applications:
a) If
the application is invalid, within 02 working days from the day on which such
application is received, the competent authority shall provide guidance on the
completion of the application as prescribed in this Decree;
b)
Within 05 working days from the day on which a valid application is received,
the competent authority shall examine the application and issue the notice to
mariners, submit a written consent to the establishment of aids to navigation.
In case of rejection, a written response specifying reasons thereof shall be
given.
3.
The notices to mariners about technical specifications of public navigational
channels berth pockets and water areas (except for specialized transshipment
areas) which are specified in the periodic notices to mariners by the issuing
organization shall be issued after the record on commissioning of survey
results, contour map of depth survey, survey report and other relevant
documents collected at the site are received.
Article 51. Procedures for first issuance of the notices to
mariners about technical specifications of navigational channels, areas of
water facing against wharves, berth pockets and water areas after being built,
dredged, maintained, improved and upgraded
1.
The investor or operator shall submit an application for the issuance of notices
to mariners, directly or in other appropriate forms, to the issuing
organization according to regulations. The application includes:
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b) A copy
of a competent authority’s written response to the conformity to the master for
seaport development;
c) A
copy of the technical design approved by a competent authority;
d) A
copy of as-built drawing;
dd)
Record on commissioning and transfer of the structure;
e)
Record on commissioning of results of the survey and obstacle scan;
g) A
contour map of depth survey, which has to be carried out within 15 days before
submission of the application, the survey report and other relevant documents
collected at the site;
h) A
contour map of the scanning route.
2.
Procedures for receipt and processing of applications:
a) If
the application is invalid, within 02 working days from the day on which such
application is received, the competent authority shall provide guidance on the
completion of the application as prescribed in this Decree;
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Article 52. Procedures for issuance of notices to mariners
about the construction sites at sea or on navigational channels
1. The
investor or operator shall submit an application, directly or in other
appropriate forms, to the issuing organization according to regulations. The
application includes:
a) A
written form made using the Form No. 31 provided in the Appendix enclosed herewith;
b) A
copy of the technical design approved by a competent authority;
c) A
copy of a competent authority’s written consent to the construction;
d) A
copy of construction plan or drawing;
dd) A
copy of the traffic safety plan approved by a competent authority;
e)
Main technical specifications of the construction equipment.
2.
Procedures for receipt and processing of applications:
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b) If
the application is valid, within 05 working days from the day on which such
application is received, the competent authority shall examine the application
and issue the notice to mariners. In case of rejection, explanation shall be
provided in writing.
Article 53. Procedures for issuance of the notices to
mariners about underground structures or structures passing navigational
channels
1.
The investor or operator shall submit an application for the issuance of
notices to mariners, directly or in other appropriate forms, to the issuing
organization according to regulations. The application includes:
a) A
written form made using the Form No. 31 provided in the Appendix enclosed
herewith;
b) A
copy of the technical design approved by a competent authority;
c) A
copy of as-built drawing;
d)
Records on commissioning and transfer of the structures;
dd)
Records on commissioning of results of obstacle scan;
e) Main
technical specifications of the structures.
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a) If
the application is invalid, within 02 working days from the day on which such
application is received, the competent authority shall provide guidance on the
completion of the application as prescribed in this Decree;
b) If
the application is valid, within 05 working days from the day on which such
application is received, the competent authority shall examine the application
and issue the notice to mariners. In case of rejection, explanation shall be
provided in writing.
Article 54. Procedures for issuance of notices to mariners
about the sea areas where maritime operations are restricted or prohibited
1.
The investor or operator shall submit an application for the issuance of
notices to mariners, directly or in other appropriate forms, to the issuing
organization according to regulations. The application includes:
a) A
written form made using the Form No. 31 provided in the Appendix enclosed
herewith;
b) A
contour map or nautical chart showing the sea areas where maritime operations
are restricted or prohibited;
c) A
copy of a competent authority’s written consent according to regulations of law
(if any);
d)
Necessary documents and information relating to the sea areas where maritime
operations are restricted or prohibited (if any).
2.
Procedures for receipt and processing of applications:
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b) If
the application is valid, within 03 working days from the day on which such
application is received, the issuing authority shall examine the application
and issue the notice to mariners. In case of rejection, a written response
specifying reasons thereof shall be given.
Article 55. Issuance of notices to mariners about the
newly-found dangerous obstacle
After
receipt of information about a maritime accident or emergency resulting in ship
sinking or upon detection of obstacles threatening maritime safety, the issuing
organization shall immediately carry out inspection, survey and issue a notice
to mariners about the newly-found dangerous obstacle.
Article 56. Issuance of notices to mariners about traffic
separation, restrictions or suspension of navigational channels
After
receipt of the decision on traffic separation, restrictions or suspension of
navigational channels within its area, the issuing organization shall
immediately issue a notice to mariners.
Article 57. Issuance of notices to mariners about
retransmitted information and maritime instructions relating to the maritime
operations
After
receipt of the information about security, meteorological and hydrological
conditions, earthquake, tsunami, health, epidemics and other specialized
information relating to the activities of people and ships within seaport
waters and Vietnamese territorial waters, port authorities shall issue notices
to mariners about such information.
Article 58. Issuance of notices to mariners about
announcement of maritime routes and traffic separation within Vietnamese
territorial waters
After
making a decision or receiving the decision on announcement of maritime routes
and traffic separation within Vietnamese territorial waters, the issuing
organization shall immediately issue a notice to mariners.
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1.
After being issued, the physical or electronic notice to mariners must be
immediately sent to the Vietnam Maritime Administration, the relevant port
authorities, relevant pilotage service providers and the Vietnam Maritime
Communication and Electronics LLC and other relevant organizations and
individuals.
2.
The Vietnam Maritime Communication and Electronics LLC shall transmit the
notices to mariners through the Vietnamese coastal communication system in
Vietnamese and English language by appropriate communication modes. The notices
to mariners shall be transmitted using the Form No. 32 provided in the Appendix
enclosed herewith.
3.
The notices to mariners shall be transmitted as follows:
a)
The notices to mariners specified in Clauses 1, 2, 4, 5 and 9, Article 44 of
this Decree shall be transmitted at least 02 times a day and in 03 consecutive
days;
b)
The notices to mariners specified in Clauses 3, 6, 7 and 8 Article 44 of this
Decree shall be transmitted 04 times a day in a row until a new notice to mariners
is transmitted;
c)
Based on the actual condition, the Vietnam Maritime Administration shall
consider increasing or reducing frequency or stopping transmitting notices to
mariners specified in Point b of this Clause at the request of the Vietnam Maritime
Communication and Electronics LLC.
4.
Issuing organizations and Vietnam Maritime Communication and Electronics LLC
shall publish all contents of notices to mariners on their websites.
5.
Funding for announcement and transmission of notices to mariners are granted by
the annual operational funding of authorities and units.
Article 60. Providing information for notices to mariners
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2.
Organizations and individuals engaged in maritime operations within seaport
waters, navigational channels and Vietnamese territorial waters shall promptly
and accurately provide the issuing organizations with the following information
if they discover:
a)
Deviations from location or operational features of aids to navigation compared
with the contents of announced notices to mariners;
b)
New obstacles that are yet to be included in the notices to mariners or marked
on the nautical chart;
c)
Other information relating to maritime safety.
3.
Issuing organizations shall receive and examine data and information specified
in Clause 2 of this Article to issue notices to mariners.
Chapter IV
MANAGEMENT
OF OPERATIONS OF SHIPS
Section 1. GENERAL REQUIREMENTS APPLIED TO OPERATIONS OF
SHIPS
Article 61. Flying of flags on ships and welcome ceremony
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a) A
Vietnamese ship must fly the national flag of the Socialist Republic of Vietnam
(hereinafter referred to as "national flag”) on top of the mizzenmast; for
the ship without mizzenmast, the national flag shall be flown on top of the
main mast;
b) A
foreign ship must fly the national flag on top of the highest mast;
c)
Every day, the national flag shall be raised at sunrise and lowered at sunset.
In winter, on foggy days, the national flag shall be raised at a time when it
is visible. The national flag shall be raised earlier or lowered later than the
time when a ship arrives at or departs from a port, encounters a military ship
or two Vietnamese ships see each other;
d) On
the National Independence Day of the Socialist Republic of Vietnam or upon a
visit by the heads of the Communist Party or the State to the seaport, all
ships that are anchored within seaport waters must fly a ceremonial lag under
the instructions of the Director of the port authority;
dd) A
foreign flagged ship must inform in advance and follow the directions of the
port authority when it desires to fly a ceremonial flag or burial flag or sound
its horn on its national celebrations;
e)
The Director of the port authority may relieve some rudimentary watercraft of
responsibility for flying national flag when they operate within seaport
waters.
2.
Regulations on the flying of flags on Vietnamese ships:
On
the major holidays, the ship shall hang an international maritime signal flag
line from its forward mast to the mizzen mast through the crossbeams of fore
mast and main mast; the national flag shall be flown on top of the fore mast
and main mast, mizzen mast and forward mast flying the shipowner’s signal flag
(if any). The decoration of signal flags must not affect the handling of
cargoes. On other holidays, the ship shall hang an international maritime
signal flag line from its forward mast to fore mast and the second line from
the main mast to the mizzen mast; the national flag shall be flown on top of
the fore mast, main mast and mizzen mast. The Vietnamese and foreign national
flag, military flag, insignia flag and red cross flag must not be used for
decoration of the ceremonial flag line.
b)
Upon the visit by the General Secretary of the Communist Party of Vietnam,
President, Vice President, President of the National Assembly, Deputy President
of the National Assembly, Prime Minister and Deputy Prime Minister of the
Socialist Republic of Vietnam to the ship, in addition to the national flag
flown on top of the mizzen mast, another one shall be flown on top of the main
mast and shall only be lowered when those leaders leave the ship;
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d)
When a ship is anchored at a foreign seaport, the national flag of Vietnam must
be raised before and lowered after the national flag of the country where the
ship is anchored;
dd) When
a ship is underway within the foreign territorial waters or arrives or departs
or is anchored within the foreign seaport waters, it must fly the national flag
of such country on its main mast;
e)
The national flag must be flown in the open state. On the national day of
mourning, the national flag must be flown following state funeral protocol;
g)
The duty mariner shall raise and lower the national flag on the duty deck
officer’s orders.
3.
Upon a visit by senior leaders of the Communist Party and the State to the
ship: In case a notice is issued in advance, the master shall order crew to
wear ceremonial costumes, stand in a vertical line along the hallway at the
landing, the master must be present at the foot of the stairs to welcome
guests. In case a notice is not issued in advance, the duty deck officers must
welcome guests at the foot of the stairs and inform the master.
Article 62. Requirements applied to ships operating within
seaport waters and areas under the management of the port authorities
1. Ships
shall only be anchored, dispatched, berthed and perform side-by-side mooring or
carry out other similar operations within seaport waters and navigational
channels when the Director of the port authority gives a dispatch order or
consent. The dispatch order of the Director of the port authority shall be made
in a timely, accurate and adequate manner, in case of ineligibility to do so,
the master shall inform the port authority.
2.
While operating ships within seaport waters and Vietnamese territorial waters,
in addition to complying regulations for preventing collisions at sea, the
master shall comply with the following regulations:
a)
Maintain contact with the port authority via VHF or other communications
equipment;
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c)
Comply with all regulations on the limit speed when navigating in channels,
warning signal, safety regime and other regulations; move at a safe speed when
passing through areas where underwater activities are being carried out,
channels are being dredged, marker buoys is being set, salvage is being
perform, fishery activities are being carried out or when passing through the
areas where ships are being anchored or dispatched;
d) Do
not dispatch a ship to pass through the areas with bridges or lines stretching
over channels while the height of such ship exceeds the vertical clearance. The
navigation of ships in narrow channels complies with regulations of the
Director of the port authority; anchor gear and other similar equipment must be
always ready for quick execution of the master’s orders;
dd)
Do not let ships drag or pull anchors underwater while operating in channels or
canals unless it is compulsory to do so to avoid possible accidents;
e) Only
dive or carry out underwater activities after obtaining the consent of the port
authority. Procedures for applying for permission are as follows: The declarant
shall submit a written request made using the Form No. 35 provided in the
Appendix enclosed herewith, directly or by post, to the port authority. Within
04 working hours since receipt of the request, the port authority shall submit
a written response. In case of rejection, a written response specifying reasons
thereof shall be given.
3. In
addition to complying with regulations of this Article, the master or commander
engaged in the construction of maritime structures, ships specializing in
dredging of channels or extraction of sand or floating cranes and other
construction equipment must apply for permission before carrying out activities
in the seaport waters. Procedures for applying for permission are as follows:
The declarant shall submit a written request made using the Form No. 35
provided in the Appendix enclosed herewith, directly or by post, to the port
authority. Within 04 working hours since receipt of the request, the port
authority shall submit a written response. In case of rejection, a written
response specifying reasons thereof shall be given.
4.
Before entry procedures are completed or after exit procedures are completed,
persons on board are prohibited from contacting persons other than the crew,
except pilots, shipping agents and other persons who are performing their tasks
on board.
Article 63. Vessel traffic service system
1. The
Ministry of Transport shall direct the Vietnam Maritime Administration to build
and put the VTS system into operation and issue regulations on management of
operations of the system.
2.
The Director of the local port authority shall operate and maintain the VTS
system to ensure maritime safety and security and protect the environment as
prescribed.
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Article 64. Ship towage
When
a ship arrives at, departs from and operates at a seaport, a tugboat shall be
deployed as follows:
1. A
ship with the length overall of 80 m or more that arrives at or depart from a
wharf, floating terminal; performs side-by-side mooring; moves or moves within
the channel, turns within the area of water facing against the wharf, area of
water facing against floating terminal, berth pockets and water areas within
seaport waters and area under the management of the port authority, must be
assisted by a tugboat.
2.
The quantity and power of the tugboat and the situations in which tugboats must
be deployed shall be determined according to the length overall, load and
characteristics of the ship, actual condition in the area, comments of relevant
organizations and individuals and shall be specified in the seaport regulation.
3.
The master may request the addition of tugboats or request a tugboat with a
larger capacity when necessary.
4.
Apart from the regulation specified in Clause 1 of this Article, the master may
request a tugboat when necessary.
Article 65. Anchoring
1.
When a ship is safely anchored in a designated location, its main aft must be constantly
kept ready to operate when necessary. It must be lighted at night or in case of
reduced visibility and all signs and warning signals must be maintained as
prescribed.
2.
When a ship is drifted, the master shall immediately take appropriate remedial
measures to prevent maritime accidents or emergencies and inform such to the
port authority.
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Article 66. Anchoring
1. In
the cases where a ship is anchored without cargo handling or embarkation or
disembarkation of passengers or does not provide services for 30 days or more,
an anchoring plan shall be prepared and submitted to the local port authority
for approval.
2.
The anchoring plan includes the following contents:
a)
Name of the ship;
b)
Owner and person charged with managing and operating the ship;
c)
Technical specifications of the ship;
d)
Reasons for anchoring;
dd)
Expected time and position for anchoring;
e)
The number of crew on board during anchoring of the ship;
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h)
Measures for emergency response.
3.
Based on the actual conditions, the port authority shall decide the number of
crew on board and approve the anchoring safety plan.
Article 67. Responsibilities of port enterprises for
operations of ships
1.
The port enterprise shall provide space for ships to anchor, berth or move.
Before 16:00 every day, the enterprise shall inform the dispatching plan for a
ship’s arrival or departure to the port authority. In case of any change, the
enterprise shall immediately inform the port authority for adjustments to the
daily dispatching plan.
2.
After receiving notice about the dispatching plan of the port authority, the
port enterprise shall fulfill the following requirements:
a)
Provide a wharf with a sufficient length and make other necessary preparations
as prescribed to ensure safe landing of ships. The wharf must be sufficiently
lighted and clear of any objects on its surface which might obstruct or
endanger its anchoring or berthing or other normal activities of the crew and
passengers;
b)
Employ skillful workers to moor or unmoor the ship upon its arrival at or
departure from a wharf; bollards must be ready for quick and safe mooring and
unmooring. At mooring and unmooring locations, appropriate warning signals must
be maintained as prescribed;
c)
Complete the preparation of a wharf at least 01 hour before the expected time
for landing of the ship coming from the sea or at least 30 minutes for the ship
moving or changing its location within the port waters;
d)
Ensure security and order in the wharf where cargoes or passengers are loaded
and unloaded.
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e)
Maintain the technical state of the wharves, warehouses, storage yards,
equipment, the depth of the areas of water facing against the wharf and other
water areas which are managed and used by the port enterprise as prescribed;
carry out periodic surveys and apply for issuance of the notices to mariners
that include the area of water facing against the wharf and other water areas
which are managed and used by port enterprise. Carry out a survey of the
technical state of the seaports in accordance with regulations specified in
Article 37 of this Decree and relevant regulations of law to ensure operational
safety;
g)
Organize the implementation of the regulations of law on maritime safety and
security assurance and environmental safety at the seaport. In case of maritime
accident or emergency, fire, explosion or environmental emergency, promptly
take appropriate preventive measures and inform such measures to the port
authority and relevant authorities.
Article 68. Side-by-side mooring
1.
Based on conditions for maritime conditions, the Director of the port authority
shall allow ships to perform side-by-side mooring at the request of the
relevant masters, but the following rules shall be observed:
a)
The ship with a gross tonnage of 1,000 GT or more may moor two abreast. Other
types of ships may moor three abreast, provided that they do not obstruct
normal operations in navigational channels and areas of water facing against
wharves;
b)
The larger ship is not allowed to perform side-by-side mooring from the outside
of the smaller ship;
c) Between
ships moored side-by-side to each other, ropes must be properly moored and
there must be anti-collision fenders between them;
d)
Only public service ships, ships supplying water, oil, food, equipment and
other provisions, pilot ships, fire-fighting ships, ships transshipping
passengers from passenger ships or similar service ships may be moored
side-by-side to the passenger ships.
2.
Masters must use appropriate kinds of ropes for ships performing side-by-side
mooring. Ropes must not be moored to beams, frames or other structures of the
port, and areas not designated for moorage.
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Article 69. Watch-keeping upon operation of ships at
seaports
1.
When the ship operates at a seaport, the master shall arrange lookouts who are
ready to deal with the drifting of anchors, broken anchor lines, broken mooring
lines or too tense or too loose mooring lines or other threats to safety of
ships, cargoes and persons on board; and constantly keep engines, life-saving
and fire-fighting equipment and stand-by emergency equipment ready for
operation.
2.
When anchored in the seaport waters, there must be always at least two-thirds
of seafarers on board with appropriate positions on board, including the master
or chief mate and the chief engineer officer or second engineer officer that
are responsible for dispatching ships or dealing with emergency cases.
3.
The Director of the port authority shall inform masters of storm-sheltering
plans, storm shelters, necessary maritime instructions and preventive measures
to be taken in seaport waters and management areas in which ships are operating.
4.
When a storm is imminent, ships shall quickly move to storm shelters under
orders from the Director of the port authority.
Article 70. Procedures for temporary detention of a ship
for investigation into maritime accidents
1.
The Director of the port authority shall issue the decision on temporary
detention of a ship as prescribed in Clause 1 Article 114 of the Vietnam
Maritime Code. The decision on temporary detention of a ship made using the
Form No. 37 provided in the Appendix enclosed herewith shall be immediately
delivered to the master of the detained ship, the Vietnam Maritime
Administration and regulatory authorities at the seaport.
2.
Upon receipt of the decision on temporary detention of a ship issued by the
Director of the port authority, the master, shipowner or ship operator must
comply with requirements specified in such decision.
3.
After the reasons for temporary detention of a ship no longer persist or
duration of such temporary detention of a ship expires, the Director of the port
authority shall issue a decision to terminate the detention of the ship, made
using the Form No.17 provided in the Appendix enclosed herewith, and send it to
the master of the detained ship, the Vietnam Maritime Administration and
regulatory authorities at the seaport.
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Article 71. Conditions for ships to depart from seaports
1. A
ship may depart from a seaport after the conditions for technical safety and
environmental safety are met as prescribed, the procedures specified in this
Decree are completed and it is issued with a Port Clearance Certificate by the
Director of the port authority, except the cases specified in Clause 2 of this
Article.
2. In
case a ship arrives at a seaport and is expected to stay at the seaport within
12 hours, the master shall inform such to the local port authority for
cooperating with other relevant regulatory authorities in completing the
procedures for ship’s arrival at or departure from a seaport at the same time.
3. A
ship is not allowed to leave a seaport in the following cases:
a)
The cases prescribed in Clause 2 Article 98 of the Vietnam Maritime Code;
b)
Its shown draft is higher than the permitted load line or it is heeled over 06
degrees of freedom movement or its hull is not totally watertight;
c)
The ship is carrying bulk cargoes, grains or extra-long, extra-heavy cargoes,
dangerous cargoes, or deck cargoes but necessary security measures in
accordance with the rules for transport of such cargoes are not fully
implemented;
d)
The ship is yet to be repaired or subject to additional conditions for maritime
safety and security and environmental safety at the request of the port
authority, maritime inspection authority or other regulatory authorities.
Section 2. GENERAL REGULATIONS ON PROCEDURES FOR SHIPS
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The
ship that enters, exits, transits, arrives and departs from seaports and
operates within Vietnamese territorial waters must follow procedures according
to the following regulations, except for the ship that passes safely as
prescribed by law:
1.
Ships shall undergo the procedures prescribed in Section 4 of this Chapter.
2.
Domestic watercraft shall undergo the procedures for arrival at and departure from
seaports as prescribed in Section 5 of this Chapter, except for the cases
prescribed in Article 3 and Article 5 of this Decree.
3.
Domestic watercraft that enters and exits a seaport shall undergo the same
procedures prescribed in Articles 87, 88, 89 and 90 of this Decree.
4.
Fishing ships shall be compliant with regulations of the Law on Fisheries.
5.
Military ships, public service ships, submarines, submersibles, floating
production storage and offloading units, mobile offshore drilling units,
hydroplanes, VR-SB domestic watercraft and other watercraft that are not
specified in Clauses 2 and 3 of this Article shall undergo the procedures
prescribed in Clause 1 of this Article and other relevant regulations of law.
Article 73. Procedures for ships’ arrival at and departure
from wharves, seaports and ports, inland landing stages within seaport waters
or maritime areas
1.
The ship that arrives at and departs from the maritime area within a seaport
shall undergo the procedures which are the same as the ship that arrives at or
departs from a seaport.
2.
For the ship that arrives at a seaport or maritime area and then arrives at a
port or inland landing stage within such seaport waters or maritime area, the
port authority shall only follow the arrival procedures and issue a written
dispatch order that is made using the Form No. 45 provided in the Appendix
enclosed herewith when the ship moves to a port or inland landing stage; the
inland waterway port authority shall follow the departure procedures.
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Article 74. Regulations on reduction of and exemption from
procedures for ship’s arrival at and departure from a seaport in special cases
1.
The types of ships that are subject to reduction of and exemption from
procedures for arrival at and departure from seaports shall comply with
regulations specified in Article 97 of the Vietnam Maritime Code.
2.
Ships arriving at a seaport to transfer rescued humans, property and ships and
only staying there within 12 hours shall be allowed to complete only one-time
procedures for arrival and departure and one of the following documents shall be
submitted:
a)
General Declaration;
b)
Crew list;
c)
Passenger list (if any).
3.
The private sailing ship, yacht and tourist boat shall be exempted from
submitting or presenting the documents specified in Article 4 of this Decree if
the country whose flag is flown by such ship or boat does not require these
documents.
Article 75. Procedures to be followed by foreign ships
engaged in specific activities
1.
Foreign warships and foreign ships arriving in Vietnam at the invitation of the
Government of the Socialist Republic of Vietnam and ships engaged in search and
rescue within Vietnamese territorial waters shall follow special procedures
prescribed by law.
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a)
The declarant shall submit a written request for granting of permission to the
foreign nuclear-powered ship or the ship that carries radioactive substances to
arrive at a seaport, which is made using the Form No. 39 provided in the
Appendix enclosed with this Circular, directly or by post, to the Ministry of
Transport, enclosed with a copy of Ship Registration Certificate and copies of
the certificates of maritime safety and security, and environmental safety.
b)
Within 10 working days from the day on which all valid documents are received,
the Ministry of Transport shall inform the Prime Minister for consideration and
approval, and issue a written response to the granting of permission to the
foreign nuclear-powered ship or the ship that carries radioactive substances to
arrive at a seaport.
3.
For the foreign ships that arrives at a seaport to carry out the activities,
including scientific research, fishery, salvage, sunken property recovery,
towage within seaport waters, training, culture, sports, installation and
construction of maritime structures and underground structures in service of
natural resource survey, exploration and extraction, ship building and repair
services or other environment-related activities within Vietnamese territorial waters:
a)
The declarant shall submit an application, directly, by post or via the online
public service system or in any other appropriate form30, to the Vietnam Maritime Administration. The application includes:
a written request for consent to the arrival of the foreign ship at a seaport
made, which is made using the Form No. 40 in the Appendix to this Decree;
copies of documents relating to the purposes and duration of the ship’s arrival
at a seaport; copy of the Ship Registration Certificate;
b)31 Vietnam Maritime Administration
shall receive the application. If the application is invalid, within 02 working
days from the receipt of the application, Vietnam Maritime Administration shall
provide guidelines for completion of the application as prescribed in this
Decree. If the application is valid, within 07 working days from the receipt of
the application, Vietnam Maritime Administration shall give a written response
and send it directly or by post or via the online public service system or in
any other appropriate form to the applicant; if an application is refused,
Vietnam Maritime Administration shall give a written response in which reasons
for such refusal shall be indicated.
Article 76. Time for completion of procedures
Regulatory
authorities at the seaport shall be available 24/24 hours a day and 7 days a
week at the place where procedures are followed as prescribed in Article 77 of
this Decree to fulfill their duties.
Article 77. Places where procedures for ships are followed
1.
Places where procedures are followed: Headquarters or representative offices of
the port authority, except for the case specified in Clause 2 of this Article.
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a)
For the ship that sails under the flag of China, when arriving at the Van Gia
transshipment area (Mong Cai, Quang Ninh province) it shall undergo procedures
at the headquarters or representative office of the port authority of Quang
Ninh;
b)
For the ship that sails under the flag of Cambodia, when arriving at Dong Thap
seaport, it shall undergo procedures at the headquarters or representative
office of the port authority of Dong Thap;
c)
For the ship that sails under the flag of Cambodia, when arriving at the
seaport in coastal border area of Kien Giang province, it shall undergo
procedures at the headquarters or representative office of the port authority
of Kien Giang.
3.
The procedures shall be completed on board in the following cases:
a)
Procedures are applied to passenger ships;
b)
The ships arrive from the areas affected by human-, animal- or plant-related
epidemics;
c)
The violations of law are suspected or sufficient grounds for suspecting the
truthfulness of declaration.
4.
Relevant regulatory authorities shall inform the port authority and declarant
when procedures are completed at the ship.
Article 78. Authorities that carry out procedures for
foreign ships in transit through Vietnam to Cambodia and vice versa
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2.
The port authority of Can Tho shall take charge and cooperate with regulatory
authorities at the seaport in carrying out procedures for the foreign ship in
transit through Vietnam to Cambodia via Hau river according to regulations of
this Decree and relevant regulations of law.
3.
The port authority of Dong Thap shall take charge and cooperate with relevant
authorities in carrying out procedures for the foreign ship in transit through
Cambodia to Vietnam via Tien river according to regulations of this Decree and
relevant regulations of law.
Article 79. Procedures for domestic watercraft in transit
through Vietnam to Cambodia
Procedures
for domestic watercraft in transit through Vietnam to Cambodia and vice versa
shall be carried out under the Agreement on Waterway Transportation signed by
Vietnam and Cambodia and relevant regulations of law.
Article 80. Responsibility for information processing and
power to complete procedures for ships
1.
Every port authority shall inform relevant organizations of the ship that
enters, exits, transits, arrives at or departs from a seaport and operates
within Vietnamese territorial waters as prescribed to follow procedures and
cooperate with each other in dispatching and receiving ships.
2.
Other regulatory authorities shall, according to their tasks and information
about the ship that enters, exits, transits, arrives at or departs from a
seaport and operates within Vietnamese territorial waters to settle procedures
for ships under their management and submit the results to the port authority.
Regulatory authorities’ power to settle procedures for ships:
a)
The port authority shall process ship documents and Certificate of Crew’s
Competency, and shall be the last authority that allows ships to enter, exit,
transit, arrive at or depart from a seaport;
b)
The border checkpoint customs authority shall examine documents about cargoes,
effects, raw materials and fuels on board;
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d)
The health quarantine authority shall process documents about human-related
epidemics;
dd)
The animal quarantine authority shall process documents about animals on board;
e)
The plant quarantine authority shall process documents about plants carried on
board.
3.
The port authority shall, according to the information about ships and results
of procedure settlement by other regulatory authorities, decide to settle
procedures for the ship that enters, exits, transits, arrives at or departs
from a seaport and operates within Vietnamese territorial waters.
Article 81. Form of declaration of procedures for ships’
entry, exit, transit, arrival at or departure from seaports and operation
within Vietnamese territorial waters
Ship
documents shall be submitted to a regulatory authority at a seaport via Fax,
electronic declaration, directly or by post. In case the ship documents are
submitted in the form of electronic database or other written forms according
to regulations, the declarant only need to submit their copies and provide the
address of the website of the competent authority that issued such documents
for verification when necessary.
Section 3. E-PROCEDURES
Article 82. Application of e-procedures
1.
E-procedures shall be followed according to regulations of this Decree and
relevant regulations of law on national single-window system.
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Article 83. Responsibilities of organizations for issuance
of notices to mariners
1.
Procedures for ships’ entry, exit, transit, arrival at or departure from
seaports and operation within Vietnamese territorial waters shall be
carried out via the web portal. The declarant shall only declare and submit
documents via the web portal and do not need to submit and present documents at
the place where the procedures are followed as prescribed in this Decree. In
case the declaration documents submitted via the web portal are not valid or
there is not enough electronic database for examination and comparison, the
port authority shall inform and request the declarant to submit and present
valid and sufficient documents at the place where procedures are followed.
2.
Regulatory authorities shall, within their competence, shall collect
information and electronic documents submitted via the web portal to examine
and carry out procedures.
3.
The declarants and regulatory authorities shall pay and collect fees and
charges for following e-procedures according to regulations.
4.
Relevant organizations and individuals shall apply information technology to
the completion of e-procedures for ships’ entry, exit, transit, arrival at or
departure from seaports and operation within Vietnamese territorial waters.
5.
Funding for investment in, establishment, management and operation of
information technology system serving management of seaports and maritime
operations shall be provided by the state capital and other legal capital
sources.
6. In
case the e-procedures are carried out, the port authority shall issue an
electronic dispatch order to ships, electronic permission for transit,
electronic Port Clearance Certificate or inform the reasons why the procedures
are yet to be carried out via the web portal.
Article 84. E-documents, conversion from paper documents
into e-documents and vice versa upon completion of procedures for ships
1.
E-documents declared or shown to regulatory authorities at seaports through the
web portal may be converted from paper documents if the following requirements
are met:
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b)
Ensure availability of a digital signature registered with the web portal;
2.
Paper documents may be converted from e-documents provided through the web
portal if the following requirements are met:
a)
Reflect all the information from e-documents;
b)
Paper documents converted from e-documents should bear signs to notice that
they are converted from e-documents and printed from the web portal. Such signs
include information about the documents digitally signed by the licensing
authority or web portal, name and email address and/or contact phone number of
the signer, date of digital signature. The signs shall be published by web
portal management authority;
c)
Paper documents converted from e-documents should bear legal signature, full
name and seal of the declarant.
3.
E-documents shall have the same value as paper documents that are used to file
procedures with regulatory authorities.
4.
The declarant shall deposit e-documents and paper documents as prescribed.
Article 85. Use of digital signatures upon completion of
e-procedures
1.
The declarant shall use his/her digital signatures for declaration on the web
portal.
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3.
The declarant shall register his/her digital signatures for declaration on the
web portal.
Article 86. Receipt and resolution of difficulties facing
declarant
1.
Information concerning switchboards and electronic mailboxes shall be published
on the web portal or websites of relevant ministries.
2.
Ministries and central authorities shall establish a division that is available
24 hours a day and 07 days a week for receipt and resolution of difficulties
facing declarants.
Section 4. PROCEDURES FOR SHIPS’ ENTRY, EXIT, TRANSIT,
ARRIVAL AT OR DEPARTURE FROM SEAPORTS AND OPERATION WITHIN VIETNAMESE
TERRITORIAL WATER
Article 87. Notice of ship’s arrival at or departure from
the seaport and notice of transit
1.
Notice of ship’s arrival at the seaport and notice of transit:
Before
a ship arrives at the seaport, the declarant shall submit the following
documents to the port authority where the ship arrives:
a) A
ship’s security notification made using the Form No. 41 provided in the
Appendix enclosed herewith: For the cargo ship with a gross tonnage of 500 GT
or more, passenger ship and mobile offshore drilling unit engaged in
international voyages, within 24 hours before the ship arrives at the seaport;
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2.
Notice of ship’s departure from the seaport:
Within
02 hours before the ship departs from the seaport, the declarant shall issue a
notice of ship’s departure from the seaport made using the Form 57 provided in
the Appendix enclosed herewith, directly or by other communications means, to
the port authority.
Article 88. Confirmation of arrival of ship at the seaport
1. In
case a ship arrives at the seaport earlier or later than 02 hours after the
time specified in the notice of ship’s arrival, a confirmation of arrival of
ship made using the Form 44 provided in the Appendix enclosed herewith shall be
given to the port authority.
2. In
case there is an ill person, dead person, rescued person or stowaway on board,
a confirmation of arrival of vessel at the seaport, specifying his/her name,
age, nationality, illness status or reasons of death and other relevant
requirements and made using the Form No. 44 provided in the Appendix enclosed
herewith, shall be given.
Article 89. Procedures for ships’ entry
1.
The declarant shall issue the notice and confirmation of arrival of ship at the
seaport as prescribed in Articles 87 and 88 of this Decree.
2.
According to the notice and confirmation of arrival of ship at the seaport,
within 02 hours before the ship arrives at the seaport, the Director of the
port authority shall, according to the actual condition, technical
specifications of the ship, types of cargoes, dispatching plan of the port
authority, ship pilotage plan of the pilotage service provider and comments of
the regulatory authorities, consider deciding to give consent to ship’s arrival
through the pilotage plan made using the Form No. 46 provided in the Appendix
enclosed herewith. In case of rejection, a written notice specifying reasons
thereof shall be given to the declarant.
3.
Within 02 hours since the ship anchored at the wharf or within 04 hours since
the ship anchored at different locations within seaport waters according to the
dispatching plan, the declarant shall submit and present the following
documents:
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General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods manifest
made using the Form No. 49, Port Clearance Certificate - Submitted to port
authorities;
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms
and explosive materials (if any) made using the Form No. 36, Declaration of
stowaway (if any) made using the Form No. 34 - Submitted to border guards;
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General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Cargo declaration
(if any) made using the Form No. 43, House bill of lading declaration (if any)
made using the Form No. 13, Dangerous goods manifest made (if any) using the
Form No. 49, Ship’s stores declaration made using the Form No. 50, Declaration
of the passenger and crew’s effects ineligible for relief from duties and taxes
or subject to prohibitions or restrictions (if any) made using the Form No. 51
- Submitted to border checkpoint customs authorities;
-
Maritime declaration of health made using the Form No. 52, Health quarantine
declaration of corpse, bones, body, body ash (if any) made using the Form No.
33, Health quarantine declaration of microorganism sample, biological products,
tissues, human body organs (if any) made using the Form No. 14 - Submitted to
health quarantine authorities;
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Declaration for plant quarantine (if any) made using the Form No. 53 -
Submitted to plant quarantine authorities;
-
Declaration for animal quarantine (if any) made using the Form No. 54 -
Submitted to animal quarantine authorities;
b)
The documents to be presented (original), including:
-
Ship Registration Certificate, Certificates of satisfaction of technical safety
requirements, Certificate of Crew’s Competency, Seaman’s book, Certificate of
insurance or other financial security in respect of civil liability for bunker
oil pollution damage, Certificate of insurance for civil liability of
shipowners for pollution caused by ships used to transport petroleum, petroleum
products or other dangerous goods; Ship Security Certificate according to
regulations, Written consent to foreign ships operating exclusively (if any) -
Presented to port authorities;
-
Passport or international laissez-passer of crew and passengers - Submitted to
border guards;
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Certificate of plant quarantine (if any) - Presented to plant quarantine
authorities;
- The
exporting country’s Certificate of animal quarantine (if any) - Presented to
animal quarantine authorities;
-
Passenger's passport and International Certificate of Vaccination (if any) -
Presented at the request of the relevant regulatory authority.
4.
Within 01 hour since the declarant submitted and presented all documents
specified in Clause 3 of this Article, the regulatory authorities shall carry
out procedures for ships under their management and immediately inform the port
authorities of results and the port authorities shall complete procedures for
ships’ entry. In case the procedures for ships are yet to be completed, a
written notice specifying reasons thereof shall be given.
Article 90. Procedures for ships’ exit
1.
The declarant shall issue notice of ship’s departure from the seaport as
prescribed in Clause 2, Article 87 of this Decree.
2.
Within 02 hours before the ship departs from the seaport; for the passenger
ship and liner, not later than the time such ship or liner is going to depart,
the declarant shall submit and present the following documents:
a)
The documents to be submitted (originals), 01 original per each, including (the
Forms are provided in the Appendix enclosed herewith):
-
General Declaration made using the Form No. 42, Crew list (in case of changes
versus the date of arrival) made using the Form No. 47, Passenger list (in case
of changes versus the date of arrival) made using the Form No. 48, Dangerous
goods manifest (if any) made using the Form No. 49 - Submitted to port
authorities;
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General Declaration made using the Form No. 42, Crew list (in case of changes
versus the date of arrival) made using the Form No. 47, Cargo declaration (if
any) made using the Form No. 43, Dangerous goods manifest made (if any) using
the Form No. 49, Ship’s stores declaration made using the Form No. 50,
Declaration of the passenger and crew’s effects ineligible for relief from
duties and taxes or subject to prohibitions or restrictions (if any) made using
the Form No. 51- Submitted to the border checkpoint customs authorities;
Procedures
for customs declaration shall not be applied to the effects of the passengers
on board foreign passenger ships arriving at and departing from the port on the
same voyage;
-
Health quarantine declaration of corpse, bones, body, body ash (if any) made
using the Form No. 33, Health quarantine declaration of microorganism sample,
biological products, tissues, human body organs (if any) made using the Form
No. 14 - Submitted to health quarantine authorities;
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Other documents already issued by a regulatory authority to the ship, crew and
passenger, for revocation.
b)
The documents to be presented (original), including:
- The
ship’s certificates (in case of changes versus the date of arrival),
Certificate of Crew’s Competency (in case of changes versus the date of
arrival), Seaman’s book (in case of change of a seaman), documents confirming
the payment of fees, charges, fines or debts (if any) according to regulations
of law - Presented to port authorities;
-
Passport or international laissez-passer of crew and passengers - Presented to
border guards;
-
Crew and passenger’s International Certificate of Vaccination, Certificate of
Health Quarantine (for people who depart from or transit through an area
affected by an epidemic, are suspected of having an infection or carries a
pathogen), Certificate of Health Quarantine (in case of changes) Ship’s
Sanitation Control Exemption/Control Certificate (if any) - Submitted to health
quarantine authorities;
-
Certificate of animal quarantine of the exporting country (at the request of
the next country the declarant enters) - Submitted to animal quarantine
authorities.
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4. In
case a ship has been issued with a Port Clearance Certificate but it stays at
the seaport for more than 24 hours since its departure is accepted, procedures
for the ship’s exit shall be carried out again as prescribed in this Article.
Article 91. Procedures for ships’ entry, exit, arrival at
or departure from the offshore oil port and operation within Vietnamese
territorial waters
1.
The notice and confirmation of arrival at and departure from ship at the
seaport shall be made as prescribed in Articles 87 and 88 of this Decree.
2.
Procedures shall be carried out as follows:
a)
The declarant shall submit the documents, including: 01 copy of the General
Declaration made using the Form No. 42 and 01Crew list made using the Form No.
47 (the Forms are provided in the Appendix enclosed herewith), directly or via
Fax or email to the port authority. The port authority shall copy and submit
such documents to relevant regulatory authorities for completion of procedures;
b)
The port authority shall dispatch the ship to the port or issue a Port
Clearance Certificate to the declarant after receipt of all documents specified
in Point a of this Clause;
c)
Within 12 hours after returning to shores, the declarant shall submit all
documents specified in Articles 89, 90, 94, 95, 96 and 97 of this Decree. For
the documents to be presented, the copies that bear the master’s signature and
the seal of the ship shall be presented.
3.
The time limit for completion of procedures for ships’ entry, exit, arrival at
or departure from the offshore oil port and operation within Vietnamese
territorial waters shall be deemed expired, when the agent of the shipowner
submits all prescribed documents to the regulatory authorities at the premises
of the port authority.
4.
Regulations of this Article shall also apply to ships under the procedures for
entry, exit, arrival at or departure from the seaport to operate within
Vietnamese territorial waters.
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1.
The declarant shall issue notice and confirmation of arrival of the ship in
transit as prescribed in Articles 87 and 88 of this Decree.
2.
According to the notice and confirmation of the ship in transit, within 02
hours before the ship arrives at the anchorage waiting for transit, the
Director of the port authority shall, according to the actual condition,
technical specifications of the ship, types of cargoes, dispatching plan of the
port authority, ship pilotage plan of the pilotage service provider and
comments of the regulatory authorities, consider deciding to give consent to
ship in transit through the dispatching plan made using the Form No. 46
provided in the Appendix enclosed herewith. In case of rejection, a written
notice specifying reasons thereof shall be given to the declarant.
3.
Within 02 hours before the ship transits, the declarant shall submit and
present the following documents:
a)
The documents to be submitted (originals), 01 original per each, including (The
Forms are specified in the Appendix enclosed herewith):
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48 - Submitted to port
authorities;
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Declaration of arms
and explosive materials (if any) made using the Form No. 36, Declaration of
stowaway (if any) made using the Form No. 34 - Submitted to border guards;
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Cargo declaration (if any) made using the Form No. 43, Ship’s stores
declaration made using the Form No. 50, House bill of lading declaration (if
any) made using the Form No. 13 - Submitted to border checkpoint customs
authorities;
-
Maritime declaration of health made using the Form No. 52, Health quarantine
declaration of corpse, bones, body, body ash (if any) made using the Form No.
33, Health quarantine declaration of microorganism sample, biological products,
tissues, human body organs (if any) made using the Form. No. 14 - Submitted to
health quarantine authorities;
b)
The documents to be presented (original), including:
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Passport or international laissez-passer of crew and passengers - Presented to
border guards;
-
Passenger's passport (if any) - Presented at the request of the relevant
regulatory authority.
4.
Within 01 hour since the declarant submitted and presented all documents
specified in Clause 3 of this Article, the regulatory authority shall carry out
procedures and immediately inform the port authorities of results and the port
authority shall issue the Permission for Transit made using the Form No. 56
provided in the Appendix enclosed herewith. In case the Permission for Transit
is yet to be issued, a written notice specifying the reasons thereof must be
given.
Article 93. Procedures for ship that has a tonnage of 200
tonnes or below, flies the national flag of the country sharing its border with
Vietnam enter and exit the seaport in the border area between Vietnam and such
country
1.
The declarant shall issue notice and confirmation of arrival and departure of
ship at the seaport as prescribed in Articles 87 and 88 of this Decree.
2.
According to the notice and confirmation of arrival and departure of ship at
the seaport, within 02 hours before the ship arrives at the seaport, departs
from the seaport or not later than the time the passenger ship and liner
departs from the seaport, the declarant shall submit and present the following
documents:
a)
The documents to be submitted (originals), 01 original per each, including (the
Forms are specified in the Appendix enclosed herewith):
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods manifest
(if any) made using the Form No. 49 - Submitted to port authorities;
-
General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Cargo declaration (if any) made using the Form No. 43, House bill of
lading declaration (if any) made using the Form No. 13, Declaration of
the passenger, crew and persons on board's effects ineligible for relief from
duties and taxes or subject to prohibitions or restrictions (if any) made using
the Form No. 51, Dangerous goods manifest (if any) made using the Form No. 49 -
Submitted to border checkpoint customs authorities;
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b)
The documents to be presented (originals), including:
- Ship
Registration Certificate, certificates of satisfaction of technical safety
requirements or ship’s technical safety manual, Certificate of Master’s
Competency, Certificate of Chief Engineer Officer’s Competency in case of ships
with a tonnage of between 50 tonnes and 200 tonnes or with total main engine
capacity of over 200 horsepower - Presented to port authorities. The
presentation of Certificate of Master’s Competency and Certificate of Chief
Engineer Officer’s Competency is not required if the tonnage of the ship is
below 50 tonnes;
-
Passport or international laissez-passer or personal papers of crew and
passengers according to regulations of the Agreement signed between Vietnam and
bordering country - Presented to border guards.
3.
Within 01 hour since the declarant submitted and presented all documents
specified in Clause 2 of this Article, the regulatory authorities shall carry
out procedures and immediately inform the port authorities of results and the
port authorities shall complete procedures. In case the procedures are yet to
be completed or the Port Clearance Certificate is yet to be issued, a written
notice specifying reasons thereof shall be given.
4. If
the ships specified in this Article stay at the seaport within 24 hours, they
shall undergo the procedures for entry and exit at the same time.
Article 94. Procedures for inland waterway ship’s arrival
at a seaport; procedures applied to Vietnamese ship that enters another seaport
in Vietnam after being granted entry
1.
The declarant shall issue the notice and confirmation of arrival of ship at the
seaport as prescribed in Articles 87 and 88 of this Decree.
2.
According to the notice and confirmation of arrival of ship at the seaport,
within 02 hours before the ship arrives at the seaport, the Director of the
port authority shall, according to the actual condition, technical
specifications of the ship, types of cargoes, dispatching plan of the port
authority, ship pilotage plan of the pilotage service provider and comments of
the regulatory authorities, consider deciding to give consent to ship’s arrival
at the seaport through the dispatching plan made using the Form No. 46 provided
in the Appendix enclosed herewith. In case of rejection, a written notice
specifying reasons thereof shall be given to the declarant.
3.
Within 02 hours since the ship anchored at the wharf or within 04 hours since
the ship anchored at different locations within seaport waters according to the
dispatching plan, the declarant shall submit and present the following documents:
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General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Port Clearance
Certificate - Submitted to port authorities;
-
Crew list made using the Form No. 47, Passenger list (if any) made using the
Form No. 48 - Submitted to border guards;
b)
Documents to be presented to the port authorities (the original), including:
Ship Registration Certificate, Certificates of satisfaction of technical safety
requirements according to regulations, Seaman’s book, Certificate of Crew's
Competency according to regulations.
4. Within 01 hour
since the declarant submitted and presented all documents specified in Clause 3
of this Article, the regulatory authorities shall carry out procedures for
ships under their management and immediately inform the port authorities of
results and the port authorities shall complete procedures. In case the
procedures are yet to be completed, a written notice specifying reasons thereof
shall be given.
5.
For the Vietnamese ship that enters another seaport in Vietnam after being
granted entry and does not transport imports, transit cargoes or passengers or
crew holding foreign nationality, the procedures prescribed in this Article
shall be followed.
Article 95. Procedures for the arrival of the inland
waterway ship that transports imports, transit cargoes or passengers or crew
holding foreign nationality at a seaport; procedures applied to foreign ship
that enters another seaport in Vietnam after being granted entry
1.
The declarant shall issue the notice and confirmation of arrival of ship at the
seaport as prescribed in Articles 87 and 88 of this Decree.
2.
According to the notice and confirmation of arrival of ship at the seaport,
within 02 hours before the ship arrives at the seaport, the Director of the
port authority shall, according to the actual condition, technical specifications
of the ship, types of cargoes, dispatching plan of the port authority, ship
pilotage plan of the pilotage service provider and comments of the regulatory
authorities, consider deciding to give consent to ship’s arrival at the seaport
through the dispatching plan made using the Form No. 46 provided in the
Appendix enclosed herewith. In case of rejection, a written notice specifying
reasons thereof shall be given to the declarant.
3.
Within 02 hours since the ship anchored at the wharf or within 04 hours since
the ship anchored at different locations within seaport waters according to the
dispatching plan, the declarant shall present the following documents:
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General Declaration made using the Form No. 42, Crew list made using the Form
No. 47, Passenger list (if any) made using the Form No. 48, Dangerous goods
manifest (in case of transport of imports and transit cargoes) made using the
Form No. 49, Port Clearance Certificate - Submitted to port authorities;
-
General Declaration (for the ship flying a foreign flag) made using the Form
No. 42, Crew list made using the Form No. 47, Passenger list (if any) made using
the Form No. 48, Declaration of arms and explosive materials (if any) made
using the Form No. 36, Declaration of stowaway (if any) made using the Form No.
34 - Submitted to border guards;
-
General Declaration (in case of transport of imports and transit cargoes) made
using the Form No. 42, Crew list (if there are crew holding foreign
nationality) made using the Form No. 47, Cargo declaration (in case of
transport of imports and transit cargoes) made using the Form No. 43, Dangerous
goods manifest (in case of transport of imports and transit cargoes) made using
the Form No. 49, Ship’s stores declaration (in case of transport of imports and
transit cargoes) made using the Form No. 50, Declaration of the passenger, crew
and persons on board's effects ineligible for relief from duties and taxes or
subject to prohibitions or restrictions (if there are crew and passengers
holding foreign nationality) made using the Form No. 51 - Submitted to border
checkpoint customs authorities.
b)
The documents to be presented (original), including:
-
Ship Registration Certificate, Certificate of Crew's Competency according to
regulations, Certificates of satisfaction of technical safety requirements
according to regulations, Seaman’s book - Presented to port authorities;
-
Passport of crew or international laissez-passer (if there are crew holding
foreign nationality) - Presented to border guards;
-
Passenger's passport and International Certificate of Vaccination (if there are
passengers holding foreign nationality) - Presented at the request of the
relevant regulatory authority.
4.
Within 01 hour since the declarant submitted and presented all documents
specified in Clause 3 of this Article, the regulatory authorities shall carry
out procedures for ships under their management and immediately inform the port
authorities of results and the port authorities shall complete procedures. In
case the procedures are yet to be completed, a written notice specifying
reasons thereof shall be given.
Article 96. Procedures for the inland waterway ship’s
departure from seaports; procedures applied to ship that enters another seaport
in Vietnam after being granted entry
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2.
According to the notice and confirmation of departure of ship from the seaport,
within 02 hours before the ship departs from the seaport, the declarant shall
submit and present the following documents:
a)
The documents to be submitted (originals), 01 original per each, including (the
Forms are specified in the Appendix enclosed herewith):
-
General Declaration made using the Form No. 42, Crew list (in case of change of
crew) made using the Form No. 47, Passenger list (in case of change of
passengers) made using the Form No. 48 - Submitted to port authorities;
-
Crew list (in case of change of crew) made using the Form No. 47, Passenger
list (in case of change of passengers) made using the Form No. 48 - Submitted
to border guards;
b)
The documents to be presented to the port authorities (the original),
including: the ship’s certificates, Certificate of Crew’s Competency (in case
of changes versus the date of arrival), documents confirming the payment of
fees, charges, fines or debts (if any) according to regulations of law.
3.
Within 01 hour since the declarant submitted and presented all documents
specified in Clause 2 of this Article, the regulatory authorities shall carry
out procedures and immediately inform the port authorities of results and the
port authorities shall issue the Port Clearance Certificate made using the Form
No. 58 provided in the Appendix enclosed herewith. In case the procedures are
yet to be completed, a written notice specifying the reasons and remedial measures
thereof shall be given.
4. In
case a ship has been issued with a Port Clearance Certificate but it stays at
the seaport for more than 24 hours since its departure is accepted, procedures
for the ship’s departure shall be carried out again as prescribed in this
Article.
Article 97. Procedures for departure of the inland waterway
ship that transports imports, transit cargoes or passengers or crew holding
foreign nationality at seaports; procedures applied to ship that enters another
seaport in Vietnam after being granted entry and transports imports, transit
cargoes or passengers or crew holding foreign nationality
1.
The declarant shall issue the notice and confirmation of departure of ship from
the seaport as prescribed in Articles 87 and 88 of this Decree.
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a)
The documents to be submitted (originals), 01 original per each, including (the
Forms are specified in the Appendix enclosed herewith):
-
General Declaration made using the Form No. 42, Crew list (in case of change of
crew) made using the Form No. 47, Passenger list (in case of change of
passengers) made using the Form No. 48, Dangerous goods manifest (in case of
transport of imports and transit cargoes) made using the Form No. 49 -
Submitted to port authorities;
-
General Declaration (if there are crew and passengers holding foreign
nationality) made using the Form No. 42, Crew list (if there are crew holding
foreign nationality) made using the Form No. 47, Passenger list (if there are
passengers holding foreign nationality) made using the Form No. 48 - Submitted
to border guards;
-
General Declaration (in case of transport of imports and transit cargoes) made
using the Form No. 42, Crew list (if there are crew holding foreign
nationality) made using the Form No. 47, Cargo declaration (in case of
transport of imports and transit cargoes) made using the Form No. 43, Dangerous
goods manifest made (in case of transport of imports and transit cargoes) using
the Form No. 49, Ship’s stores declaration (in case of transport of imports and
transit cargoes) made using the Form No. 50, Declaration of the passenger and
crew’s effects ineligible for relief from duties and taxes or subject to
prohibitions or restrictions (if there are crew and passengers holding foreign
nationality) made using the Form No. 51 - Submitted to border checkpoint
customs authorities.
b)
The documents to be presented (originals), including:
- The
ship’s certificates, Certificate of Crew’s Competency (in case of changes
versus the date of arrival); documents confirming the payment of fees, charges,
fines or debts (if any) according to regulations of law - Presented to port
authorities;
-
Crew and passenger's passport or international laissez-passer (if there are
crew and passengers holding foreign nationality) - Presented to border guards;
-
Crew and passenger’s International Certificate of Vaccination (for people who
depart from or transit through an area affected by an epidemic, are suspected
of having an infection or carries a pathogen) - Submitted to health quarantine
authorities.
3. Within
01 hour since the declarant submitted and presented all documents specified in
Clause 2 of this Article, the regulatory authorities shall carry out procedures
and immediately inform the port authorities of results and the port authorities
shall issue the Port Clearance Certificate made using the Form No. 58 provided
in the Appendix enclosed herewith. In case the procedures are yet to be
completed, a written notice specifying the reasons and remedial measures
thereof shall be given.
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Article 98. Procedures for shakedown testing of ships that
are under construction or repair or have undergone modification
1.
Within 02 hours before the ship is constructed, repaired, undergoes shakedown
testing or modification, the declarant shall submit and present the following
documents to the port authority:
a)
The documents to be submitted (originals), 01 original per each, including: An
application form for permission for shakedown testing specifying reasons for
movement, place of arrival and testing time; Crew list; Passenger list (if
any);
b)
The documents to be presented: Certificate of Crew’s Competence; towage plan in
case the ship that undergoes the shakedown testing does not use its own engine.
2.
Within 01 hour since the declarant submitted and presented all documents specified
in Clause 1 of this Article, the port authority shall issue the Permission for
Shakedown Testing made using the Form No. 55 provided in the Appendix enclosed
herewith. In case the procedures are yet to be completed, a written notice
specifying the reasons and remedial measures thereof shall be given.
3. In
case a ship has been issued with a Permission for Shakedown Testing but it
fails to undergo a shakedown testing within 24 hours, procedures for the ship’s
shakedown testing shall be carried out again as prescribed in this Article.
4. In
case the ship undergo a shakedown testing by going from one seaport to another,
the Permission for Shakedown Testing shall be replaced by the Port Clearance
Certificate.
Section 5. PROCEDURES FOR DOMESTIC WATERCRAFT’S ARRIVAL AT
AND DEPARTURE FROM SEAPORTS
Article 99. Procedures for domestic watercraft’s arrival at
seaports
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1.
Places where procedures are followed: Headquarters or representative offices or
stations of the port authority, except for the case specified in Clause 2 of
this Article.
2.
Before the ship arrives at the seaport or after it is safely anchored, the
declarant shall submit and present the following documents to the port
authority:
a)32 Documents to be submitted
(originals), 01 original for each, including (Forms provided in the Appendix
enclosed herewith): General Declaration (for inland waterway ships) made using
Form No. 59, Crew List (for inland waterway ships) made using Form No. 60,
Passenger List (for the passenger ships) made using Form No. 61, and Port
Clearance Certificate;
b)
Documents to be presented (originals), including: Domestic Watercraft
Registration Certificate; Certificates of satisfaction of technical safety and
environmental safety requirements, Seaman’s book; Certificate of Crew and
Vehicle Operator's Competency; the delivery contract or delivery note (if any).
3.
Within 30 minutes since the declarant submitted and presented all documents
specified in Clause 2 of this Article, the port authority shall complete the
procedures. In case of failure to complete the procedures, a written notice
specifying the reasons thereof shall be given.
Article 100. Procedures for domestic watercraft’s departure
from seaports
Procedures
for domestic watercraft’s departure from the seaport, except for the VR-SB
domestic watercraft shall be completed as follows:
1.
Places where procedures are followed: Headquarters or representative offices or
stations of the port authority, except for the case specified in Clause 2 of
this Article.
2.
Before the ship departs from the seaport, the declarant shall submit and
present the following documents to the port authority: (the Forms are specified
in the Appendix enclosed herewith):
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a1)33 Crew list (if there is any
change) made using Form No. 60;
b)
Passenger list (if there is any change) made using the Form No. 61;
c)
Documents relating to the changes to the documents specified in Point b, Clause
2, Article 99 of this Decree (if any);
d)
Documents confirming the payment of fees, charges, fines or debts (if any)
according to regulations of law.
3.
Within 30 minutes since the declarant submitted and presented all documents
specified in Clause 2 of this Article, the port authority shall issue the Port
Clearance Certificate made using the Form No. 62 provided in the Appendix
enclosed herewith.
4. In
case a domestic watercraft arrives at a seaport, stays there for not more than
72 hours and does not handle cargoes or embark or disembark passengers and no
changes have been made to documents since the watercraft arrived, arrival and
departure procedures may be carried out when it departs.
5. In
case a domestic watercraft has been issued with a Port Clearance Certificate
but it stays within seaport waters for more than 24 hours since its departure
is accepted, procedures for the domestic watercraft’s departure shall be
carried out again as prescribed in this Article.
Section 6. MARITIME PILOTAGE
Article 101. Rules for announcement of ship navigation
routes and organizational structure and operation of pilotage service providers
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Article 102. Suspension or change of maritime pilots
In
case of suspension or change of a maritime pilot, the master of the piloted ship
shall promptly inform relevant pilotage service provider and port authorities
thereof.
Article 103. Provision of maritime pilotage services
1.
The declarant shall submit a written request for provision of maritime pilotage
services within 06 hours before the expected time of pilot boarding. The
written request may be submitted earlier if it is necessary for prevention of
maritime accidents.
2. In
case of change of time for pilot boarding or cancellation of provision of
pilotage services, the declarant shall inform the pilotage service provider
thereof within 03 hours before the expected time of pilot boarding.
3.
The pilotage service provider shall prepare daily pilotage plans according to
the written request specified in Clauses 1 and 2 of this Article. The daily
pilotage plan includes from the following contents: name, nationality, basic
technical characteristics, anchorage, time of pilot boarding, the wharf or
place where the ship is expected to be anchored, name of the pilot and other
necessary contents.
4.
Before 16:00 every day, the pilotage service provider shall submit the pilotage
plan of the next day in order for the port authority to prepare the plan for
dispatching ships that arrive, depart, transit through the seaport or move
within seaport waters. Changes or other requests that arise shall be
immediately reported to the port authority for prompt adjustments to the daily
dispatching plan. The port authority shall prepare and submit the daily
dispatching plan to the pilotage service providers, port enterprises and
relevant organizations and individuals before 17:00.
5.
Pilotage service providers, port enterprises, masters, pilots and relevant
organizations and individuals shall implement the dispatching plan submitted by
the port authority.
6. The
pilot shall wait at the pilot boarding area within 04 hours since the expected
time of pilot boarding unless the declarant requests the change of the time of
pilotage, which is approved by the port authority. After 04 hours, the request
for provision of pilotage services shall be invalidated and the declarant shall
pay for the waiting time as prescribed.
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8.
The master of the piloted ship may select or suspend a pilot and request the
change of pilot in case the pilot fails to satisfy professional requirements or
conditions prescribed by law. In case of suspension or change of a maritime
pilot, the master of the piloted ship shall promptly inform relevant maritime
pilotage service provider and port authorities. In case of suspension or change
of a maritime pilot, the master of the piloted ship shall promptly inform
relevant pilotage service provider and port authorities thereof.
9.
The pilotage service provider shall designate the pilots that are qualified for
piloting the ship.
Article 104. Responsibilities of a pilot
1. A
pilot has the following responsibilities:
a)
Exercise his/her rights and fulfill his/her obligations prescribed in the
Vietnam Maritime Code and other relevant regulations of law.
b)
Strictly stick to the dispatching plan of the port authority. In case of
refusal to pilot a ship, a notice specifying reasons thereof shall be
immediately issued to the port authority and pilotage service provider for
remedial measures;
c)
Immediately inform the port authority of maritime accidents or emergencies,
provision of tugboats and safety conditions for landing and departure from the
wharf, change of the condition of aids to navigation, safety conditions for
navigational channels and other events that fail to satisfy safety conditions
that occurred or are discovered during pilotage;
d)
Request the master to comply with regulations of law on maritime safety and
security assurance and environmental safety. In case the master fails to comply
with the request, promptly inform the port authority and pilotage service
provider;
dd)
Strictly comply with the designation of pilot by the head of the pilotage
service provider at the request of the master. In case of refusal to pilot the
ship for legitimate reasons, the master shall report such to the head of the
pilotage service provider and port authority for remedial measures;
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g)
Embark and disembark the ship at the prescribed place and time.
2.
When piloting the ship himself, the master shall comply with the regulations
prescribed in Points a, b and c Clause 1 of this Article.
Article 105. Obligations of a pilot upon navigation of a
ship
A
pilot has the following obligations upon navigation of a ship:
1.
Fulfill the obligations prescribed in Article 251 of the Vietnam Maritime Code.
2.
Provide accurate information about actual condition of the navigation routes,
characteristics of ship dispatching and other information relating to maritime
operations carried out on navigation routes.
3.
Strictly and accurately execute the dispatch order of the Director of the port
authority.
4. Do
not harass or cause difficulty or commit other acts of misconduct towards
enterprises or ships requiring pilots.
5. Do
not use alcoholic drinks or stimulants that are prohibited during navigation of
a ship.
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MARITIME
SAFETY AND SECURITY, AND ENVIRONMENTAL SAFETY
Section 1. MARITIME SAFETY AND SECURITY
Article 106. Requirements for assurance about maritime
safety and security of operations of ships
1. All
ships must have their names or numbers, IMO numbers (if any) and name of the
port of registry displayed as prescribed.
2.
The master shall ensure safety, order and sanitation on board his/her ship in
accordance with Vietnamese law.
3.
Apart from the seafarers and passengers, only persons on duty designated by a
competent authority may board the ship that is being anchored within seaport
waters; when boarding a foreign ship, a boarding pass issued by the port’s
border guard or border checkpoint security public is required, except for
on-duty officials of the regulatory authority. The master shall take total
responsibility for letting unauthorized persons board the ship.
4.
The following acts shall be prohibited during the anchoring of a ship within
seaport waters:
a)
Sounding the horn or using electric loudspeakers for communication, except for
the cases where the distress signal is sent or horn is sounded under the order
from the Director of the port authority;
b)
Repairing or running engine or horn test without the consent of the port
authority;
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d)
Swimming or creating disorder within the port;
dd)
Fireworks shown on national holidays of the country whose flag is flown by the
ships shall be organized in accordance with regulations of the Minister of
Culture, Sports and Tourism.
5.
The gangway shall be lighted and properly adjusted to ensure the safety of
users; watchstanders and life buoys must be available at the gangway as
prescribed; the gangway must have handrails and a safety net must be secured
under the gangway.
Article 107. Search and rescue obligations
1. In
case a ship, military ship, public service ship, fishing ship, domestic
watercraft or seaplane is in distress, a distress signal shall be given as
prescribed. In case an accident or a threat thereof is found, the person who
found such shall immediately give a distress signal and take appropriate
measures for rescuing persons and property and preventing and reducing the loss
to an absolute minimum.
2.
The rescue of persons in distress is an obligation of all organizations,
individuals, ships and other crafts while operating within seaport waters and
Vietnamese territorial waters. Any ship that discovers or receives a distress signal
from people or other ships in distress at sea or within seaport waters must
make every effort to help and rescue people in distress, even though such
effort entails the ship's going off the predetermined course, and must promptly
inform relevant organizations and individuals thereof, provided it is capable
of rescuing and if the rescue does not pose any serious danger to the ship and
people onboard. The less damaged ship shall assist more damaged ships even
though the accident or emergency is not caused by the former.
3.
The Director of the port authority may mobilize all forces and equipment of the
port, ships and other vehicles available within seaport waters to search and
rescue persons and salvage ships in distress. Such forces shall obey orders of
the Director of the port authority. For the maritime accidents occurring within
seaport waters and affecting maritime operations carried out on navigational
channels, the Director of the port authority shall take charge and cooperate
with a maritime safety enterprise in the area in promptly giving warnings,
installing marine aids to navigation and issuing a notice to mariners in order
to ensure maritime safety and security and prevent environmental pollution.
4.
The maritime search and rescue cooperating authority shall stay ready to
organize and cooperate in search and rescue operations in a timely manner to
search and rescue people and vehicles in distress within the search and rescue
area under its management and may mobilize people and vehicles for the purpose
of participation in search and rescue efforts.
5.
The Ministry of Transport shall take charge and cooperate with relevant
ministries in making and submitting regulations on cooperation in maritime
search and rescue within seaport waters and territorial waters to the Prime
Minister.
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Organizations
and individuals shall inform the port authority of the newly-found obstacles;
deviations from locations of the aids to navigation system and damages to the
system or other information relating to maritime safety and security within
seaport waters and Vietnamese territorial waters.
Article 109. Sports activities, maritime security and
search and rescue drill
1.
The organization of sports competitions within seaport waters must comply with
regulations of law and instructions of the port authority, and must be informed
in advance.
2.
The Ministry of Transport shall direct the Vietnam Maritime Administration to
take charge and cooperate with relevant authorities and units in organizing in
coordinated maritime search and rescue and maritime security drill within
seaport waters and Vietnamese territorial waters as prescribed by law.
Article 110. Transport of passengers and cargoes, mineral
extraction, bottom-set gillnetting, fishing and aquaculture within seaport
waters
1.
The transport of passengers and cargoes, and mineral extraction shall comply
with relevant regulations of law and instructions of the port authority, and
must be informed to the port authority in advance.
2.
The mineral extraction, bottom-set gillnetting, fishing and aquaculture within
seaport waters may only be carried out if such activities do not affect maritime
operations, maritime safety and security and environmental safety in the area.
3.34 Before granting permission for
aquaculture activities to be conducted within seaport waters, a competent
licensing authority, as defined in the Law on Fisheries, shall be required to
seek opinions from the relevant local port authority.
4.
The authority that has the power to issue the permit for mineral extraction
within seaport waters shall send an enquiry from the local port authority
before issuing the permit. The mineral extraction must not affect maritime
operations, maritime safety and security and environmental safety in the area.
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1.
Before the handling of cargoes, repair and sanitation control of the ship, the
master shall satisfy the necessary conditions for maritime safety and
occupational safety, and strictly comply with relevant regulations of law. The
mooring lines must be secured with rat guards as prescribed.
2.
The master shall only allow the closure of cargo holds or allow persons to
enter the cargo holds after checking and making sure that no emergency will
occur.
3. In
case there is a threat to safety during cargo handling, the master or person in
charge of cargo handling shall immediately suspend the handling.
4.
When an occupational accident occurs on board a ship, the master shall quickly
administer emergency treatment to the victim(s), take necessary measures to
mitigate its consequences, immediately inform such to the port authority; and
at the same time declare, investigate, make records and prepare statistics and
report on such occupational accident in accordance with the labor law.
Article 112. Assurance about order and safety within the
port premises
1.
The Director of the port enterprise shall organize and manage activities of
port guards in accordance with relevant regulations of law and actual
conditions of the port.
2.
Regulatory authorities at the port may use the port gate to perform their
duties after reaching an agreement with a port enterprise.
3.
While operating within the port premises, organizations, individuals and
vehicles must comply with all relevant regulations of law.
Article 113. Responsibilities of port enterprises and
masters for fire and explosion prevention and fighting
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2.
Fire and explosion prevention and fighting equipment of the port and ship must
be placed at the prescribed place and always ready for use.
3. At
all places prone to fire and explosion or in other areas and places in the port
and on board the ship, warning signs or instructions must be given as
prescribed by law.
4.
The persons on duty at the places prone to fire or explosion on board the ship
and in the port must be provided with professional training in fire and
explosion fighting and prevention.
5.
The following tasks must be performed upon receipt of fuel:
a)
Have fire and explosion prevention and fighting equipment ready;
b)
Securely close all doors at the side along which fuel is supplied;
c)
Comply with all technical safety procedures and rules upon receipt of fuel;
d)
Arrange person on duty on the deck and at the place of fuel receipt.
6.
Fire and explosion prevention and fighting equipment of the port and ship shall
be used for their intended purposes.
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8.
Upon receipt of fuel, the following tasks shall not be performed:
a)
Let other ships perform side-by-side mooring;
b)
Pump fuel through the pipes, hoses or joints that fail to meet technical
standards.
9.
Before deciding to permit the repair and sanitation control of a ship or other
maritime operations within seaport waters, which can affect the plan for fire
and explosion fighting and prevention, the Director of the port authority shall
send an enquiry form to a fire safety authority in the area. The procedures
shall be carried out as follows:
a)
The declarant shall submit an application, directly or by post, to the Vietnam Maritime
Administration, including:
- A
written request made using the Form No. 35 provided in the Appendix enclosed
herewith;
- A
copy of the plan for fire and explosion fighting and prevention.
b)
Within 02 working days since receipt of the written request, the port authority
shall send an enquiry form and submit a written response. In case of rejection,
explanation shall be provided.
Article 114. Cooperation in fire and explosion fighting and
prevention at seaports
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2.
The Director of the port authority shall command the salvage of ships involved
in a fire or explosion within seaport waters until a competent commander of a
fire safety authority is present at the scene.
3.
The Director of the port enterprise shall also command the salvage of ships
involved in a fire or explosion within the port premises until a competent
commander of a fire safety authority is present at the scene.
Article 115. Requirements applied to oil tankers and
dangerous cargo ships
Apart
from relevant regulations of the law on environmental safety, all oil tankers
and other dangerous cargo ships must strictly comply with the following
requirements when operating at a seaport:
1.
The oil tanker and dangerous cargo ship must not moored side-by-side while
flammable or explosive cargoes are handled, except for the case where fuel is
supplied or received, or transshipment of oil between them.
2.
All oil tankers or other types of dangerous cargoes at the seaport shall only
be handled in the designated area.
3. The
areas specified in Clause 2 of this Article must include equipment for fire and
explosion prevention and fighting and environmental pollution emergency
response as prescribed. During the handling of cargoes, such equipment must be
kept ready for use.
4.
The handling and storage of flammable or explosive cargoes or other dangerous
cargoes must comply with technical safety procedures and rules as prescribed.
5.
Upon the assembly of equipment for pumping petroleum, petrol, oil, liquefied
gas, oil sludge or other hazardous substances, the master and relevant parties
shall appoint their representatives for inspection and supervision.
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Section 2. ENVIRONMENTAL PROTECTION
Article 116. Sanitation control of ships
The
following acts shall be prohibited during the anchoring of a ship within
seaport waters:
1.
Scrapping the funnel or discharge black smoke.
2.
Cleaning cargo holds or deck, causing environmental pollution.
3.
Pumping or discharge dirty water, dirty residues, waste, oil or oily compounds
and other harmful substances.
4.
Throwing or dumping rubbish or other articles from the ship into the water or
onto the wharf.
5.
Removing rust and pain the ship, causing environmental pollution.
6.
Carrying out fumigation or rat extermination without an advance notice and
disobey the instructions of the port authority.
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1.
The ship, while operating within a seaport, shall dump rubbish, discharge dirty
water and ballast water in accordance with regulations and instructions of the
port authority.
2.
The port enterprise shall provide vehicles for receipt of rubbish, dirty water,
water containing oil residues and other hazardous liquids discharged from the
ship for treatment or provide a list of the enterprises charged with treating
rubbish, dirty water, water containing oil residues and other hazardous liquids
in accordance with regulations of law.
3.
The Ministry of Transport shall elaborate the collection and treatment of
wastes discharged from ships within seaport waters.
Article 118. Requirements for environmental emergency
response and prevention
1.
All organizations, individuals and ships shall comply with regulations of the
law on environmental safety while operating at seaports.
2.
Apart from the regulation specified in Clause 1 of this Article, the following
requirements shall be complied with:
a)
All ship’s valves and equipment through which hazardous substances may leak
must be securely closed, shut down, sealed with lead and a notice shall be
shown at their places. The seals shall only be removed from or the wastes and
dirty water shall only be pumped through valves or equipment specified in this
Clause with the consent of the Director of the port authority and under
supervision of staff members of such port authority. The procedures shall be
carried out as follows:
- The
declarant shall submit a written request for granting of consent to the removal
of seals from or pumping of wastes and dirty waters through valves or
equipment, made using the Form No. 35 provided in the Appendix enclosed
herewith, directly or in other appropriate forms, to the port authority;
-
Within 04 working hours since receipt of the request, the port authority shall
submit a written response, directly or by post, to the declarant. In case of
rejection, explanation shall be provided;
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c)
All activities relating to the pumping or discharge of oil or other hazardous
substances shall be made into a record book ready for presentation to a
Vietnamese competent authority for inspection when necessary.
Article 119. Reporting environmental pollution emergencies
at seaports
1.
The reporting of environmental pollution emergencies at seaports shall comply
with regulations of law.
2.
Apart from the regulation specified in Clause 1 of this Article, the master of
the ship operating at a seaport shall satisfy the following requirements:
a) If
a threat to or an act causing environmental pollution is found, the master
shall immediately report it to the port authority; clearly record the time,
location and characteristics of such environmental pollution emergencies in the
logbook;
b) If
the environmental pollution emergency is caused by operations of the ship
activities, the master shall immediately take preventive measures and report
such measures to the port authority.
3.
The organization, individual or ship causing damage or environmental pollution
shall provide compensation and incur penalties as prescribed.
Chapter VI
COOPERATION
IN MANAGEMENT OF MARITIME OPERATIONS
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1.
The regulatory authorities at seaports, when performing their tasks, shall
comply with regulations of law; cause no troubles affecting normal the
activities of port enterprises, shipowners, cargo owners, ships and other
organizations and individuals in the seaport area. The port authority shall
take charge and cooperate in activities between regulatory authorities at
seaports.
2.
Regulatory authorities at seaports shall closely cooperate with each other when
performing their tasks to facilitate activities of the port enterprises,
shipowners, cargo owners, ships and other relevant organizations and
individuals to ensure safety and effectiveness.
3.
Any difficulties related to the functions and tasks of other regulatory
authorities shall be promptly resolved through discussion and agreement. In
case an agreement is not reached, the port authority shall be informed as
prescribed by law.
4. In
case the Director of the port authority decides and takes responsibility for
the procedures that are completed on board a ship as specified in Clause 3,
Article 77 of this Decree or in other special circumstances, the regulatory
authorities may form a procedure-completing team, comprising a head who is the
representative of the port authority, and members appointed by regulatory
authorities (one member per authority). For the passenger ship, in order to
quickly complete procedures, regulatory authorities in charge of border guard
and customs may appoint more staff members to join the team, provided that the
number of these staff members is approved by the Director of the port
authority. In case it is unnecessary to board the ship, regulatory authorities
may refuse to appoint their staff members to join the procedure-completing team
mentioned in this Clause but shall immediately inform the port authority of
results of completion of procedures.
5.
The regulatory authority shall report the difficulties beyond its power to its
supervisory authority. When necessary, relevant ministries shall cooperate with
the Ministry of Transport in resolution of difficulties and shall inform their
decision on the resolution to relevant organizations and individuals within 04
hours since receipt of the report.
6.
During performance of their tasks, regulatory authorities shall cooperate with
other organizations in the area in strictly complying with regulations of the
law on maritime operations carried out at seaports.
Article 121. Responsibilities for cooperation in management
1.
The port authority shall coordinate activities between regulatory authorities
at seaports. To be specific:
a)
Take charge and preside over the cooperation in management between regulatory
authorities at seaports;
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c)
Request other relevant regulatory authorities at the seaport to promptly report
the results of completion of procedures and measures for resolving difficulties
that arise; request the port enterprises, shipowners, masters and other
relevant organizations and individuals to provide data and information about
maritime operations carried out at seaports;
d)
Request the President of the provincial People’s Committee to promptly resolve
seaport management-related difficulties within its jurisdiction.
2.
Other regulatory authorities at the seaport have the following
responsibilities:
a)
Closely cooperate in promptly and lawfully completing procedures related to ships,
cargoes, passengers and crew operating at seaports as prescribed by this
Decree;
b)
Promptly inform port authorities of results of completion of procedures related
to ships, cargoes, passengers and crew operating at seaports as prescribed by
this Decree;
c)
Immediately inform port authorities for cooperation in resolution of
difficulties that arise after receipt and processing of information provided by
port authorities or shipowners.
Article 122. Specialized inspection and supervision at
seaports
1.
The inspection and supervision of ships, cargoes, passengers, crew, port and
wharf infrastructures and other entities operating at seaports by regulatory
authorities shall comply with regulations of this Decree and other relevant
regulations of law.
2. The
direct supervision on the ships by regulatory authorities shall only be carried
out in the following cases:
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b) It
is necessary to ensure national defense and security, social order and security
and epidemic prevention.
Article 123. Responsibilities of ministries, central and
local authorities for activities of regulatory authorities at seaports
1.
Ministries and relevant People’s Committees of provinces and central-affiliated
cities shall direct and instruct their subordinate authorities to well
cooperate in state management at seaports.
2.
Inspections and imposition of penalties for violations shall be carried out as
prescribed by law.
3.
Information technology shall be applied to the management to facilitate
maritime operations.
Chapter VII
IMPLEMENTATION
CLAUSE 35
Article 124. Effect
1.
This Decree comes into force from July 01, 2017.
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a)
The Government’s Decree No. 21/2012/ND-CP dated March 21, 2012 on management of
seaports and navigational channels;
b)
Regulations on procedures for ships' entry, exit, arrival at and departure from
seaports and operation within Vietnamese territorial waters which are specified
in Articles 4, 5, 6, 7, 8, 9, 10, 12, 13, 14 and 16 of the Decision No.
34/2016/QD-TTg of the Prime Minister on e-procedures for ships’ arrival at and
departure from seaports, inland waterway ports and offshore oil ports via the
National single-window system.
Article 125. Transitional clause
Regarding
projects on investment in and construction of seaports, terminals, wharfs,
navigational channels, berth pockets and water areas whose conformity with the
planning for seaport development has been assessed before the effective date of
this Decree but are yet to be executed as prescribed in the Government’s Decree
No. 21/2012/ND-CP dated March 21, 2012 on management of seaports and
navigational channels; if they are executed after July 01, 2018, regulations of
this Decree shall be complied with.
Article 126. Implementation
1.
The Minister of Transport shall take charge and cooperate with ministries and
relevant People’s Committees of provinces and central-affiliated cities in
organizing the implementation of this Decree.
2. Ministers,
heads of ministerial agencies, heads of Governmental agencies, Presidents of
People’s Committees of provinces and central-affiliated cities and relevant
organizations and individuals are responsible for the implementation of this
Decree./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Xuan Sang
1 Preludes to the Government’s Decree No. 159/2018/ND-CP on
management of dredging operations within seaport water and inland water areas:
“The
Law on Government Organization dated June 19, 2015;
The Vietnam
Maritime Code dated November 25, 2015;
The
Law on Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments
and Supplements to certain Articles of the Law on Inland Waterway Traffic dated
June 17, 2014;
At
the request of the Minister of Transport;
The
Government hereby promulgates a Decree on management of dredging operations
within seaport water and inland water areas.”
Preludes
to the Government’s Decree No. 76/2021/ND-CP on criteria for classification of
seaports of Vietnam:
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The Vietnam
Maritime Code dated November 25, 2015;
At
the request of the Minister of Transport;
The
Government hereby promulgates a Decree on criteria for classification of
seaports of Vietnam.”
Preludes to the
Government’s Decree No. 69/2022/ND-CP dated September 23, 2022 providing
amendments to Decrees on business operations in maritime sector:
“The
Law on Government Organization dated June 19, 2015; the Law on Amending and
Supplementing certain Articles of the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
The Vietnam
Maritime Code dated November 25, 2015;
The
Law on Investment dated June 17, 2020;
The
Law on Enterprises dated June 17, 2020;
At
the request of the Minister of Transport;
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Preludes
to the Government’s Decree No. 74/2023/ND-CP providing amendments to Decrees
prescribing division of authority to handle administrative procedures in
maritime sector:
“The
Law on Government Organization dated June 19, 2015; the Law on Amending and
Supplementing certain Articles of the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
The Vietnam
Maritime Code dated November 25, 2015;
The
Law on Environmental Protection dated November 17, 2020;
The
Law on Investment dated June 17, 2020;
The
Law on Enterprises dated June 17, 2020;
At
the request of the Minister of Transport;
The Government hereby
promulgates a Decree providing amendments to Decrees prescribing division of
authority to handle administrative procedures in maritime sector.”
2 This clause is
amended by point a clause 1 Article 4 of the Government’s Decree No.
69/2022/ND-CP providing amendments to Decrees on business operations in
maritime sector, which has been effective since October 30, 2022.
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4 This clause is
amended by clause 2 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
5 This clause is
amended by clause 3 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
6 This clause is
amended by point a clause 4 Article 4 of the Government’s Decree No.
69/2022/ND-CP providing amendments to Decrees on business operations in
maritime sector, which has been effective since October 30, 2022.
7 This clause is
amended by point b clause 4 Article 4 of the Government’s Decree No.
69/2022/ND-CP providing amendments to Decrees on business operations in maritime
sector, which has been effective since October 30, 2022.
8 This point is
amended by clause 5 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
9 The phrase “và
gửi cho người đề nghị thông qua hệ thống bưu chính hoặc người đề nghị đến nhận
trực tiếp tại Cục Hàng hải Việt Nam” (“and send it
to the applicant by post or the applicant shall receive it directly at the
office of Vietnam Maritime Administration”) is replaced with the phrase “và gửi
trực tiếp hoặc qua hệ thống bưu chính hoặc qua hệ thống dịch vụ công trực tuyến
hoặc nhận bằng hình thức phù hợp khác đến tổ chức, cá nhân đề nghị” (“and send
it directly or by post or via the online public service system or in any other
appropriate form to the applicant”) as prescribed in clause 11 Article 4
of the Government’s Decree No. 69/2022/ND-CP providing amendments to Decrees on
business operations in maritime sector, which has been effective since October
30, 2022
10 This clause
is repealed as prescribed in clause 2 Article 6 of the Government’s Decree No.
76/2021/ND-CP on criteria for classification of seaports of Vietnam, which has
been effective since September 10, 2021.
11 The phrase
“hoặc gửi bằng hình thức phù hợp khác” (“or in any other appropriate form” is
replaced with the phrase “hoặc gửi qua hệ thống bưu chính hoặc qua hệ thống dịch
vụ công trực tuyến hoặc bằng hình thức phù hợp khác” (“or directly or by post
or via the online public service system or in any other appropriate form”) as
prescribed in clause 9 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
12 The phrase
“và gửi văn bản cho chủ đầu tư qua hệ thống bưu chính hoặc chủ đầu tư
nhận trực tiếp tại Cục Hàng hải Việt Nam” (“and send it to the investor by post
or the investor shall receive it directly at the office of Vietnam Maritime
Administration”) is replaced with the phrase “và gửi trực tiếp hoặc qua hệ thống
bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc bằng hình thức phù hợp
khác đến chủ đầu tư” (“and send it directly or by post or via the
online public service system or in any other appropriate form to the investor”)
as prescribed in clause 10 Article 4 of the Government’s Decree No.
69/2022/ND-CP providing amendments to Decrees on business operations in
maritime sector, which has been effective since October 30, 2022.
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14 The phrase
“hoặc gửi bằng hình thức phù hợp khác” (“or in any other appropriate form” is
replaced with the phrase “hoặc gửi qua hệ thống bưu chính hoặc qua hệ thống dịch
vụ công trực tuyến hoặc bằng hình thức phù hợp khác” (“or directly or by post
or via the online public service system or in any other appropriate form”) as
prescribed in clause 9 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
15 The phrase
“và gửi văn bản cho chủ đầu tư qua hệ thống bưu chính hoặc chủ đầu tư
nhận trực tiếp tại Cục Hàng hải Việt Nam” (“and send it to the investor by post
or the investor shall receive it directly at the office of Vietnam Maritime
Administration”) is replaced with the phrase “và gửi trực tiếp hoặc qua hệ thống
bưu chính hoặc qua hệ thống dịch vụ công trực tuyến hoặc bằng hình thức phù hợp
khác đến chủ đầu tư” (“and send it directly or by post or via the
online public service system or in any other appropriate form to the investor”)
as prescribed in clause 10 Article 4 of the Government’s Decree No.
69/2022/ND-CP providing amendments to Decrees on business operations in
maritime sector, which has been effective since October 30, 2022.
16 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
17 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
18 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
19 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
20 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
21 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
22 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
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24 This Article
is repealed as prescribed in clause 3 Article 48 of the Government’s Decree No.
159/2018/ND-CP dated November 28, 2018 on management of dredging operations
within seaport water and inland water areas, which has been effective since
January 11, 2019.
25 This clause
is amended by point a clause 1 Article 1 of the Government’s Decree No.
74/2023/ND-CP providing amendments to Decrees prescribing division of authority
to handle administrative procedures in maritime sector, which has been
effective since November 27, 2023.
26 This clause
is amended by point b clause 1 Article 1 of the Government’s Decree No.
74/2023/ND-CP providing amendments to Decrees prescribing division of authority
to handle administrative procedures in maritime sector, which has been
effective since November 27, 2023.
27 This clause
is amended by point c clause 1 Article 1 of the Government’s Decree No.
74/2023/ND-CP providing amendments to Decrees prescribing division of authority
to handle administrative procedures in maritime sector, which has been
effective since November 27, 2023.
28 This Article
is amended by clause 2 Article 1 of the Government’s Decree No. 74/2023/ND-CP
providing amendments to Decrees prescribing division of authority to handle
administrative procedures in maritime sector, which has been effective since
November 27, 2023.
28 This Article
is amended by clause 3 Article 1 of the Government’s Decree No. 74/2023/ND-CP
providing amendments to Decrees prescribing division of authority to handle
administrative procedures in maritime sector, which has been effective since
November 27, 2023.
30 The phrase
“hoặc gửi bằng hình thức phù hợp khác” (“or in any other appropriate form” is
replaced with the phrase “hoặc gửi qua hệ thống bưu chính hoặc qua hệ thống dịch
vụ công trực tuyến hoặc bằng hình thức phù hợp khác” (“or directly or by post
or via the online public service system or in any other appropriate form”) as
prescribed in clause 9 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
31 This point is
amended by clause 8 Article 4 of the Government’s Decree No. 69/2022/ND-CP
providing amendments to Decrees on business operations in maritime sector,
which has been effective since October 30, 2022.
32 This point is
amended by clause 4 Article 1 of the Government’s Decree No. 74/2023/ND-CP
providing amendments to Decrees prescribing division of authority to handle
administrative procedures in maritime sector, which has been effective since
November 27, 2023.
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34 This clause
is amended by clause 6 Article 1 of the Government’s Decree No. 74/2023/ND-CP
providing amendments to Decrees prescribing division of authority to handle
administrative procedures in maritime sector, which has been effective since
November 27, 2023.
35 Articles 6 and 7 of the Government’s Decree No.
76/2021/ND-CP on criteria for classification of seaports of Vietnam, which has
been effective since September 10, 2021, stipulate that:
“Article
6. Effect
1.
This Decree comes into force from September 10, 2021.
2.
Clause 1 Article 20 in the Government’s Decree
No. 58/2017/ND-CP dated May 10, 2017, elaborating some Articles of
the Vietnam Maritime Code on management of maritime operations is repealed.
3.
The Government’s Decree No. 70/2013/QD-TTg dated November 19, 2013 on
announcement of the classification list of seaports of Vietnam shall cease to
have effect from the effective date of this Decree.
Article
7. Responsibility for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies, Presidents of
People’s Committees of provinces and central-affiliated cities and relevant
organizations and individuals are responsible for the implementation of this
Decree.”.
Article 6 of the
Government’s Decree No. 69/2022/ND-CP providing amendments to Decrees on
business operations in maritime sector, which has been effective since October
30, 2022, stipulates that:
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1.
This Decree comes into force from October 30, 2022.
2.
Ministers, heads of ministerial agencies, heads of Governmental agencies,
Presidents of People’s Committees of provinces and central-affiliated cities
and relevant organizations and individuals shall provide guidelines on and
implement this Decree.” Article 5 of the
Government’s Decree No. 74/2023/ND-CP providing amendments to Decrees
prescribing division of authority to handle administrative procedures in maritime
sector, which has been effective since November 27, 2023, stipulates that:
“Article
5. Implementation clause
1.
This Decree comes into force from November 27, 2023. Clause 7 Article 1 of this
Decree comes into force from October 11, 2024.
2.
Transitional clauses:
a)
Written approvals, decisions, certificates of compliance and certificates of
endorsement given or issued before the effective date of this Decree shall
remain valid until their prescribed expiry dates;
b)
Applications for approvals, decisions, certificates of compliance or
certificates of endorsement received before the effective date of this Decree
shall continue to be processed in accordance with provisions of legislative
documents in force at the time of application receipt;
c)
Director General of Vietnam Maritime Administration and Directors of its
Branches have the jurisdiction to revoke certificates of compliance and
certificates of endorsement issued before the effective date of this Decree
respectively.
3.
This Decree nullifies the following:
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b)
Article 18 of the Government’s Decree No. 29/2017/ND-CP dated March
20, 2017.
4. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities shall provide guidelines
on and implement this Decree.”.