MINISTRY OF
TRANSPORT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 63/VBHN-BGTVT
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Hanoi, November
02, 2022
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DECREE
ELABORATING CERTAIN
ARTICLES OF THE VIETNAM MARITIME CODE ON MANAGEMENT OF MARITIME OPERATIONS
Decree No. 58/2017/ND-CP dated May 10, 2017 of the Government
elaborating certain Articles of the Vietnam Maritime Code on Management of
Maritime Operations, is amended by:
Decree No. 69/2022/ND-CP dated September 23, 2022
of the Government providing amendments to certain Articles of the Decrees
related to business operations in maritime sector, which comes into force from
October 30, 2022.
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Vietnam Maritime Code dated June
14, 2005;
At the request of the Minister of Transport;
The Government promulgates a Decree elaborating
certain Articles of the Vietnam Maritime Code on Management of Maritime
Operations1.
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree elaborates certain 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, notice 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 inland ports and landing stages and ports within seaport waters.
Article 2. Regulated entities
This Decree shall apply 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.
Article 3. Definitions
For the purposes of this Decree, 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. Regulatory authorities shall make decisions via the
National single-window portal.
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3. “e-procedures” mean 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.
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 the
Nation single-window 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”) mean the processing of electronic transactions from the time
when the declarant follows e-procedures via the 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 the
National single-window portal between regulatory authorities at ports and the
declarant.
9. “digital signature” is digital signature provided
by a digital signature authentication service provider that has registered with
web portal.
10. “the declarant” includes shipowners or
managers, charterers, operators, masters or persons authorized to follow
procedures as prescribed in this Decree and declare with regulatory authorities
at ports.
11. “Port Clearance Certificate” is a document
issued by a port authority or competent authority in charge of the last port of
dispatch.
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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 and has a code for search.
14. “e-dispatch order allowing a ship to arrive at
a port" means a port authority allows 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 area.
16. "floating terminal” is a system of anchor
buoys, chains, concrete blocks for buoy and other 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”) is a restricted area within seaport
waters or offshore oil field, stretching from the area where a pilot boards or
leaves a wharf, floating terminal, berth, anchorage, 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 several ship
navigation routes.
18. “non-compulsory marine pilotage area”
(hereinafter referred to as “non-compulsory pilotage area”) is the waters where
ships are not required to be steered by pilots in accordance with the Vietnam
Maritime Code.
19. “vessel traffic service” (hereinafter referred
to as “VTS system") is a system that is set up to monitor, assist and
control marine traffic in high density traffic areas and areas that may
threaten maritime operations to ensure maritime safety and security and
environmental safety.
20. “expected arrival position” is the pilot
boarding location or the boundary of the seaport waters of the operating area
of the ship in Vietnamese territorial waters.
Chapter II
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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, berths, 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,
berths, wharves, floating terminals, anchorages, transshipment areas and
navigational channels shall conform to the master plan for seaport system
development and other relevant approved master plans; in the event a seaport or
navigational channel project contravene the approved master plan 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 master plan.
3. The organizations and individuals investing in
and constructing specialized seaports, berths, wharves, floating terminals,
anchorages, transshipment areas and navigational channels shall invest in and
construct seaport infrastructures, specialized navigational channels or
dedicated waters 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, berths, wharves and navigational channels that is financed by funds
for public investment shall be made in accordance with the Law on Public
Investment.
5. The decision on guidelines for investment in
seaports, berths, wharves and navigational channels that is not regulated in
Clause 4 of this Article shall be made in accordance with the Law on Public
Investment. The projects whose investment guidelines are decided by the
President of the provincial People’s Committee shall obtain the written consent
of the Ministry of Transport.
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 master plan for seaport
system development and comply with relevant regulations of law.
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Article 6. Agreement on locations and detailed
technical specifications of seaports, berths, wharves and navigational channels
1.[1]
Before approving the investment project, the investor shall submit an
application for agreement on locations and detailed technical specifications of
the seaport, berth, wharf or navigational channel, in person 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) A hard copy or soft copy of the written consent
to guidelines for investment given by a competent authority according to 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);
dd) 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 written
opinions given by competent authorities about fire prevention and fighting
measures for structures that require fire safety distances from adjacent
structures.
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.[2]
Within 03 working days from the day on which the response is sent by the
receiving authority about the investor’s request is received, the Vietnam
Maritime Administration shall send a written agreement on location and detailed
technical specifications, in person or by post, via the online public service
system or in any other appropriate form to the investor. If an application is
refused, a written response specifying reasons thereof shall be given by the
Vietnam Maritime Administration.
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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 of maritime safety and security
and prevention of environmental pollution, and other relevant regulations of
law.
2. Before constructing a seaport, berth, wharf and
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. This Clause shall 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 inland
seaports and landing stages within seaport waters shall follow procedures
prescribed in Article 19 of this Decree.
4.[3]
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.
5. The investor in construction of other structures
that are not regulated in Clause 3 and Clause 4 of this Article, upon his/her
proposal for investment and construction, shall send an enquiry form for the
expected location and scale of the structure to a local port authority. Within
05 working days from the day on which a valid application is received, the
local port authority shall give a written response specifying the requirements
that need to be complied with to ensure maritime safety and security, and
prevent environmental pollution to the investor. In case of rejection, a
written response specifying reasons thereof shall be given.
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 inland
ports and 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
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2. The cases in which a plan for maritime safety
assurance must be prepared:
a) Construction of seaports, berths, wharves,
floating terminals, navigational channels, aids to navigation, dedicated
waters;
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. Basic contents of the plan for maritime safety
assurance include:
a) General information about the project: Name of
the project; name and address of the investor; construction location and scale;
b) Duration of the construction;
c) Approved construction measures;
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dd) Plan for organization and cooperation in
implementation.
5. Procedures for approving the plan for maritime
safety assurance: The investor shall submit 01 application, in person or in
other appropriate forms, to the local port authority. An application for
approval for the plan for maritime safety assurance includes: 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.
6. Procedures for receipt and processing of
applications:
The local port authority shall receive an
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, in person 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.
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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, WHARVES, FLOATING TERMINALS, AND DEDICATED WATERS
Article 9. Rules for naming and renaming of
seaports, offshore oil ports, berths, wharves, floating terminals, and
dedicated waters
1. Seaports, offshore oil ports, berths, wharves,
floating terminals, and dedicated waters 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 berth, wharf or dedicated waters
must be in Vietnamese and may be followed by an English name, starting with the
word or phrase “Bến cảng" (berth), "Cầu cảng" (wharf),
"Khu", "Vùng" (dedicated waters) then the proper name of
the structure.
Article 10. Naming and renaming of seaports,
offshore oil ports, wharves, floating terminals, and dedicated waters
1. A seaport, offshore oil port, berth, wharf,
floating terminal, or dedicated waters shall be named when a competent
authority announces the opening of a seaport, offshore oil port, wharf,
floating terminal, or dedicated waters at the request of the investor or
relevant organizations.
2. The power to decide to rename a seaport,
offshore oil port, berth, wharf, floating terminal, or dedicated waters:
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b) The Vietnam Maritime Administration shall decide
to rename a berth, wharf, floating terminal, or dedicated waters.
3. Procedures for renaming the announced seaport,
offshore oil port, berth, wharf, floating terminal, or dedicated waters:
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.
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 berth, wharf, floating terminal or dedicated waters. 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 to rename
accordingly.
Section 3. ANNOUNCEMENT OF THE OPENING OR
CLOSURE OF A SEAPORT, OFFSHORE OIL PORT, WHARF, FLOATING TERMINAL, OR DEDICATED
WATERS
Article 11. Conditions for announcement of the
opening or closure of a seaport, offshore oil port, berth, wharf, floating
terminal, or dedicated waters
1. The seaport, offshore oil port, berth, wharf,
floating terminal, or dedicated waters has been commissioned before its first
use according to regulations.
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, berth, wharf, floating terminal, or
dedicated waters
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2. The Director General of the Vietnam Maritime
Administration shall decide to announce the opening or closure of a berth,
wharf, floating terminal, or dedicated waters.
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 waters in front of the wharf or navigational channel, except for the
offshore oil port;
d) A notice to mariners about the navigational and
waters in front of the wharf, enclosed with a contour map; or a notice to
mariners about safety area of the offshore oil port, for the offshore oil port;
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.
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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 upgrade, the Vietnam Maritime
Administration shall make the announcement.
5.[4]
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;
c) 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 procedures
for operation of a navigational channel, including: channel standards, aids to
navigation system, design specifications of the ship and other specific
conditions for operation;
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.
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1.[5]
After the construction of a berth, wharf, floating terminal, or dedicated
waters is completed, the investor shall submit an application for announcement
of the opening of a 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 the organization
licensed to survey and find obstacles, and clear the obstacles (if any) within
the waters of the floating terminal and the waters in front of the berth,
wharf, navigational channel or dedicated waters 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 waters of the
floating terminal and the waters in front of the berth, wharf, navigational
channel or dedicated waters.
3. An application for announcement of the opening
of a berth, wharf or dedicated waters 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 berth, wharf and dedicated waters;
c) The notice to mariners, enclosed with the
contour map of the navigational channel through which ships arrive at or depart
from a berth, wharf or dedicated waters; commissioning record signed by the
investor and competent organization on the results of survey of obstacles on
the bottom of the waters in front of the berth, wharf or dedicated waters;
d) The decision on approval for the environmental
impact assessment report of the project;
dd) Commissioning record on fire prevention and
fighting;
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4.[6]
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 berth, wharf, floating
terminal, or dedicated waters, 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 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 for dedicated waters that only serve
pilot boarding, phytosanitary inspection or sheltering, is used to anchor ships
waiting to enter ports, wharves, anchor public service ship, does not transship
or load cargoes or provide 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;
b) A record on commissioning or transfer of the
structure or a copy of the decision or permit issued by a competent authority
on the first use of the structure.
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
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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 announcement of the closure of a
seaport or offshore oil port:
a) Procedures for announcement of 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 announcement of 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.
The Ministry of Transport shall receive the
application. If the application is satisfactory, within 01 working day from the
day on which such request is received, the Ministry of Transport shall provide
guidance on the completion of the request as prescribed in this Decree. If the
application is satisfactory, within 05 working days from the day on which the
application is received, 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 with this Decree, and shall submit the decision by post to the
applicant or the applicant shall receive it directly at the Ministry of
Transport. In case of rejection, a written response specifying reasons thereof
shall be given.
Article 17. Announcement of the closure of a
wharf, floating terminal, or dedicated waters
1. The closure of a wharf, floating terminal, or
dedicated waters shall be considered in the following cases:
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b) The wharf, floating terminal, or dedicated
waters 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 announcement of the closure of a
wharf, floating terminal, or dedicated waters:
a)8 The investor or the regional
Maritime Administration 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 wharf, floating
terminal, or dedicated waters 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
1. The Vietnam Maritime Administration shall submit
an application to the Ministry of Transport for consideration and announcement
of seaport waters, maritime areas and areas under the management of a port
authority, including:
a) A written request for announcement of seaport
waters;
b) Written comments of the People's Committees of
the provinces concerned;
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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 inland ports and
landing stages and fishing ports within seaport waters
1. Competent authorities shall manage the
investment in and construction of inland ports and 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 inland ports and
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 inland ports and 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 inland ports and 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 the Law on Fisheries.
5. Before a ship arrives or departs from a inland
port or landing stage within seaport waters, the master or the declarant shall
report such to the local port authority and authority performing state
management of ports, inland landing stages and fishing ports in order to
prepare a plan and provide guidelines for regulations on maritime safety and
security assurance and environmental safety.
Article 20. Classification of seaports and
announcement of the list of seaports and ports of Vietnam
1. Once every 05 years, in the first quarter, the
Vietnam Maritime Administration shall prepare and submit the list of seaports
of Vietnam to the Ministry of Transport, which will submit it to the Prime
Minister for consideration and announcement in accordance with regulations. The
application includes:
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b) The draft list of seaports;
c) A copy of the decision on announcement of a
seaport or offshore oil port.
2. Every March, the Vietnam Maritime Administration
shall prepare and submit the list of wharves of seaports of Vietnam to the
Ministry of Transport. The application includes:
a) The application form for announcement of the
list of wharves of seaports of Vietnam;
b) The draft list of ports of Vietnam;
c) A copy of the decision on announcement of a
wharf.
3. The Vietnam Maritime Administration shall
announce the list of seaports of Vietnam and navigational channels and the list
of announced seaports of Vietnam.
4. The funding for compilation of the list of
seaports, wharves 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 the
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 effectiveness of investment and avoid any possible
loss and mismanagement.
2. Seaport infrastructures shall undergo quality
survey on a periodic basis in accordance with regulations.
3. The surveys on waters in front of the wharves
and dedicated waters 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 master plan
for development, investment in and construction of navigational channels
nationwide, and announce of the first use, and manage and operate these
channels.
2. The 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. The 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 of 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 of 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. The
temporary seaport infrastructure that is a floating terminal or transshipment
area in service of local socio-economic development shall be allowed to operate
within the period that conforms to the master plan for seaport development.
3. Procedures for 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 or by
post or via the online public service system or in any other appropriate form10,
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 working
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 give 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 prepare a written reply concerning the
approval or refusal of the written consent to construct the temporary seaport
infrastructure and send it directly or by post or via the online public service
system or in any other appropriate form to the investor11.
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 give 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
give directly or send by post a written response to the investor which
specifies whether the construction of the temporary seaport infrastructure is
approved.
4. In the event the temporary seaport
infrastructure operates beyond the duration prescribed in Clause 2 of this
Clause, 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 give 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
prepare a written reply concerning the approval or refusal of the extension and
send it directly or by post or via the online public service system or in any
other appropriate form to the investor12.
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 or by post or
via the online public service system or in any other appropriate form13,
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, the Vietnam Maritime Administration must prepare a written response
specifying reasons thereof and send it directly or by post or via the online
public service system or in any other appropriate form to the investor14.
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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 be executed as prescribed
in the Law on Fees and Charges.
2. The Ministry of Finance shall, with the consent
of the Ministry of Transport, specify the payment of fees for assurance of
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 2
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 BERTH AND WHARF INFRASTRUCTURE
Article 28. Rules for management and operation,
and power to decide the leasing of berth and wharf infrastructures
The authority that makes a decision to invest in
and construct seaport, berth and wharf infrastructures has the power to approve
the plan for leasing out such infrastructures and the lessee selection result.
Article 29. Plan for leasing out berth and wharf
infrastructures
1. The lessor shall prepare a plan for leasing out
berth and wharf infrastructures. Main contents of the plan include:
a) Name of the lessor;
b) List and specifications of leased assets;
c) Value of leased assets;
d) Lease term;
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e) Lease conditions;
g) Capacity to recover investment capital;
h) Rights, obligations and responsibilities of the
lessee and lessor;
i) Method of lessee selection;
k) Form of contract;
l) Time for selecting lessees.
2. 2. For the berth and wharf infrastructures that
are under construction, the lessor shall prepare a leasing plan before putting
such infrastructures into operation.
Article 30. Rent for berth and wharf
infrastructures
1. The rent for berth and wharf infrastructures
shall comply with regulations of the Law on Prices. The Ministry of Finance
shall decide the rent for berth and wharf infrastructures at the proposal of
the investors or authorities approving plans for leasing out berth and wharf
infrastructures.
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3. The rent for berth and wharf infrastructures
shall be determined according to the following main contents:
a) The fixed price, which shall be calculated according
to the annual asset depreciation rate, amounts used to pay loan principal and
interest (if any), expense for management and operation of leased port and
wharf infrastructures and other expenses as prescribed. The lifetime of port
and wharf infrastructures used to calculate the rent is 50 years at most. The
rent for port and wharf infrastructures shall not be lower than the fixed
price;
b) The changeable price, which shall be collected
according to a percentage (%) of the annual revenue from the operation of the
leased assets;
c) Value of leased assets;
b) List and specifications of leased assets;
dd) Lease conditions;
e) Rights, obligations and responsibilities of
related parties;
g) Other necessary conditions.
4. The lessor shall request the authority that has
decided the investment in seaports, berths and wharves to consider approving
the adjustment of the rent in the following cases:
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b) When the inflation rate in Vietnam exceeds 15% a
year;
c) Other circumstances as proposed by the lessor or
lessee and approved by the investment-deciding authority.
Article 31. Conditions for selection of lessees
of berth and wharf infrastructures
A lessee of berth and wharf infrastructures must:
1. satisfy all conditions prescribed in Clause 4,
Article 86 of the Vietnam Maritime Code.
2. have experience in management and operation of
seaports.
3. have adequate staff members for management and
operation of berth and wharf infrastructures to be leased.
4. offer the highest rent which is not lower than
the rent stated in the approved plan for the leasing of berth and wharf
infrastructures.
Article 32. Methods of selection of lessees of
berth and wharf infrastructures
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2. The Ministry of Transport shall prepare and
issue the specimen of the documents about bidding for leasing of state-funded
berth and wharf infrastructures.
Article 33. Contract on leasing of berth and
wharf infrastructures
1. The leasing of berth and wharf infrastructures
shall be carried out under a contract signed by the two parties. Such contract
shall be made according to the approved lessee selection result and in
accordance with relevant regulations of law.
2. A lease contract must have the following main
contents:
a) Name, address and bank account number of the
lessor;
b) Name, address and bank account number of the
lessee;
c) Purposes of the lease;
d) Lease term;
dd) Rent and payment conditions and method;
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g) List of leased assets;
h) Conditions and procedures for modifying the
lease contract;
i) Fulfillment of disputes.
Article 34. Use of revenues from the leasing of
berth and wharf infrastructures
1. Revenues from the leasing of port and wharf
infrastructures shall be prioritized for use for the following purposes and
expenses:
a) Return on investment capital for construction of
berth and wharf infrastructures;
b) Expenses for maintenance and repair of the berth
and wharf infrastructures that are leased out if they are covered by the
lessor;
c) Upgrade, improvement and expansion of seaport
infrastructures;
d) Investment in construction of new berths and
wharves and for other purposes for the marine development;
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e) The lessor’s expenses for management and
operation of seaport infrastructures;
g) Other proper purposes and reasonable expenses.
2. The Ministry of Finance shall take charge and
cooperate with the Ministry of Transport in specifying a financial mechanism
for collection, payment and use of revenues from the leasing of state-funded
berth and wharf infrastructures.
Article 35. Subleasing of berth and wharf
infrastructures
1. The lessee may sublease part of berth and wharf
infrastructure to a Vietnamese or foreign organization or individual in
accordance with this Decree and shall obtain the written consent of the lessor
before effecting the sublease.
2. The subleasing of berth and wharf
infrastructures shall be carried out under a contract, which must not be
contrary to the contents of the lease contract signed with the lessor.
3. The lessee must be responsible to the lessor for
the sublease. The rights and responsibilities that arise (if any) between the
lessor and lessee shall be decided by the two parties.
4. The sublessee of port and wharf infrastructures
shall manage and operate berths and wharves in accordance with regulations of law,
and the lease contract and may not continue to sublease such infrastructures.
Article 36. Organization of management and
operation of berth and wharf infrastructures
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2. The organization that is assigned to manage and
operate berth and wharf infrastructures has the following functions, tasks and
rights:
a) Create a mechanism for management and operation
of berth and wharf infrastructures and submit it to the investment-deciding
authority for approval and organize the implementation thereof;
b) Manage state assets and supervise the operation
of the leased berth and wharf infrastructures;
c) Supervise the execution of the lease contract;
d) Organize regular and periodical inspection and
supervision of the operation of berth and wharf infrastructures to ensure they
are used according to their functions and specifications as prescribed;
dd) Organize the collection of rent for the leasing
of berth and wharf infrastructures;
e) Request the lessee to strictly observe the
prescribed technical processes for operating, maintaining and using berth and
wharf infrastructures; report on the lessee’s violations, if any, to the
investor;
g) Cooperate with the infrastructure operator in
dealing with emergencies that damage berth and wharf infrastructures; supervise
the repair of damaged berth and wharf infrastructures under its management;
h) Promptly inform regulatory authority when it is
discovered that the depth of navigational channels, waters in front of the
wharf, turning basin, aids to navigation systems and other auxiliary structures
fails to comply with the technical design approved by a competent authority;
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k) Supervise the satisfaction of the requirements
for fire and explosion prevention and fighting, environmental sanitation,
security and order and occupational safety within the seaports, berths and
wharves;
l) Review the actual operation of berth and wharf
infrastructures; periodically report it to the investor and regulatory
authorities under regulations;
m) Perform other assigned tasks.
Article 37. Survey of seaport infrastructures
1. Contents and procedures for carrying out a
survey of seaport infrastructures shall comply with the Law on Construction.
2. The Ministry of Transport shall direct the
Vietnam Maritime Administration to organize the survey of seaport
infrastructures.
Chapter III
MANAGEMENT OF AIDS TO NAVIGATION AND NOTICES TO
MARINERS
Section 1. AIDS TO NAVIGATION
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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.
3. The local port authority shall inspect the
operations of the aids to navigation within seaport waters and areas under its
management.
4. The 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, waters
in front of 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. The maritime safety enterprises shall establish
the aids to navigation for irregular maritime safety services and immediately
report such to the Vietnam Maritime Administration and the local port
authority.
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a) Areas where boring geology investigations, and
oil and gas extraction are carried out;
b) Fishing and aquaculture areas;
c) Construction and salvage areas;
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. Before establishing the aids to navigation, the
organizations and individuals specified in Clause 3 of this Article must obtain
the consent of the Vietnam Maritime Administration to the location, scale and
type of aids to navigation as prescribed in Article 40 of this Decree.
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Article 40. Procedures for granting permission
for establishment of aids to navigation
1.[7]
The applicant (organization or individual) shall,
directly or by post or via the online public service system or in any other
appropriate form, submit an application to Vietnam Maritime Administration.
The application includes:
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 showing
coordinates of the aids to navigation.
2. The Vietnam Maritime Administration shall
receive the application. If the application is invalid, within 02 working days
from the day on which such application is received, the Vietnam Maritime
Administration shall provide guidance on the completion of the application as
prescribed in this Decree. If the application is valid, within 05 working days
from the day on which such application is received, the Vietnam Maritime
Administration shall grant a written permission to the establishment of aids to
navigation. In case of rejection, explanation shall be provided in writing.
Article 41. Procedures for putting aids to
navigation into operation
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a) The application form made using Form No. 16 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
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. The Vietnam Maritime Administration shall
receive the application. If the application is invalid, within 02 working days
from the day on which such application is received, the Vietnam Maritime Administration
shall provide guidance on the completion of the application as prescribed in
this Decree. If the application is valid, within 05 working days from the day
on which such application is received, the Vietnam Maritime Administration
shall issue the decision to put aids to navigation into operation. In case of
rejection, explanation shall be provided in writing.
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.
2. Regularly maintain the aids to navigation so
that the technical specifications of aids to navigation are always consistent
with the issued notices to mariners.
3. Repair the aids to navigation in a timely manner
when the aids to navigation are damaged, lost or deviated.
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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 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.
4. Notices to mariners shall be promptly issued to
relevant organizations by a competent organization.
5. Notices to mariners shall be simultaneously
transmitted through the coastal communication system and other appropriate
means of communication.
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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;
dd) The notices to mariners about cessation of
operations of aids to navigation: after the aids to navigation are no longer
effective and recovered, the notice to mariners about cessation of operations
of such aids to navigation must be issued using the Form No. 22 provided in the
Appendix enclosed herewith;
2. The notices to mariners about technical
specifications of navigational channels, waters in front of wharves and
dedicated waters:
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b) Maritime safety enterprises shall survey the
depth of public navigational channels and dedicated waters (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, waters in front of 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 waters in front of 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 Point 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 Form 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:
a) The location, depth of and other safety
conditions for underground structures passing the navigational channels must be
included in the notices to mariners;
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.
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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, tsumani, 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. Maritime safety enterprises shall issue the
notices to mariners specified in Clauses 1, 2, 3, 4 and 5, Article 44 of this
Decree.
2. The port authority shall issue the notices to
mariners specified in Clauses 6, 7 and 8, Article 44 of this Decree.
3. The Vietnam Maritime Administration shall issue
the notices to mariners specified in Clauses 6, 7 and 8, Article 44 of this
Decree.
Article 46. Contents and requirements of notices
to mariners
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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) The period on which a notice to mariners comes
into force and expires (if any).
Article 47. Responsibilities of organizations
for issuance of notices to mariners
1. The Vietnam Maritime Administration shall
inspect and supervise the issuance of notices to mariners.
2. Responsibilities of the issuing organization:
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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;
d) Record on commissioning and transfer of the
structure.
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, 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, waters in front of wharves and dedicated waters
1. For the specialized navigational channels,
waters in front of wharves and specialized transshipment areas that are
specified in the periodic notice to mariners: the investor or operator shall
submit 01application for issuance of a notice to mariners, directly or by post
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;
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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
parameters of public navigational channels and dedicated waters (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,
waters in front of wharves and dedicated waters 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: 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
response to the conformity to the master for seaport development;
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d) A copy of as-built drawing;
dd) Records on commissioning and transfer of the
structure;
e) Records on commissioning of results of the
survey and obstable 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 shall be completed as follows:
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 52. Procedures for issuance of notices
to mariners about the construction sites at sea or on navigational channels
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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 shall be completed as follows:
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.
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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) Record on commissioning and transfer of the
structures;
dd) Records on commissioning of results of obstable
scan;
e) Main technical specifications of the structures.
2. Procedures for receipt and processing of
applications shall be completed as follows:
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 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
shall be completed as follows:
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 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.
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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, tsumani, health,
epidemics and other specialized information relating to the activities of
people and ships within seaport waters and Vietnamese territorial waters, the
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.
Article 59. Transmission of notices to mariners
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.
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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. The issuing organizations and the Vietnam
Maritime Communication and Electronics LLC shall publish all contents of
notices to mariners on their websites.
5. The funding for announcement and transmission of
notices to mariners are granted by the annual operational funding of
authorities and units.
Article 60. Provision of information for notices
to mariners
1. Organizations and individuals have the right to
request the provision of notices to mariners.
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:
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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. The issuing organization 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
1. The flying of flags on ships operating at a
seaport shall be carried out as follows:
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;
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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;
c) On major holidays or days on which a special
directive is issued by the Prime Minister, the national flag must be raised to
conduct the flag raising ceremony. When a ship is underway at sea and in fine
weather conditions, in addition to the national flag flown on top of the mizzen
mast, another one shall be flown on top of the main mast;
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;
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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 officier’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 officiers 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;
b) Maintain the operation of the automatic
identification system according to regulations;
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 performed, fishery activities are being carried out
or when passing through the areas where ships are being anchored or dispatched;
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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.
3. The master and pilots who are navigating within
the area under surveillance of the VTS system shall accurately, adequately and
promptly information about operations of ships as prescribed and follow the
instructions of the VTS system operator.
Article 64. Ship towage
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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
waters in front of the wharf, waters of the floating terminal, dedicated waters
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.
3. Rudimentary and non-self-propelled watercraft
shall only be anchored only in areas exclusively reserved for them as
prescribed by the Director of the port authority; during anchoring, man and
appropriate equipment must be available for dispatch when necessary.
Article 66. Perpetual anchoring
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2. The plan for perpetual anchoring includes the
following contents:
a) Name of the ship;
b) Owner and person charged with managing and
operating the ship;
c) Technical characteristics of the ship;
d) Reasons for perpetual anchoring;
dd) Expected time and position for perpetual
anchoring;
e) The number of crew on board during perpetual
anchoring of the ship;
g) Measures for safety assurance;
h) Measures for emergency response.
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Section 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
other necessary conditions 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;
dd) Equip and maintain normal operation of means of
communication in order to assure continuous exchange of information relating to
maritime operations at the seaport as prescribed;
e) Maintain the technical state of the wharves, warehouses,
storage yards, equipment, the depth of the waters in front of the wharf and
other waters 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 waters in front of the wharf and other wates 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;
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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 shall not obstruct normal operations in navigational
channels and waters in front of 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.
3. In the cases where a foreign ship is moored
side-by-side to a Vietnamese ship, crew and passengers of both ships must
follow border guard procedures according to regulations.
Article 69. Watch-keeping upon operation of
ships at seaports
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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 officier 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.38 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.
4. In case it is necessary to extend the duration
of temporary detention of a ship, such extension shall be informed to a
competent authority and the temporary detention shall be extended when a
written consent is granted.
Article 71. Conditions for ships to depart from
seaports
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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
Article 72. Procedures for ships’ entry, exit,
arrival at and departure from seaports and operation within Vietnamese
territorial waters
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:
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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 and berth as well as inland ports and 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 inland port or 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
an inland port or landing stage; the inland waterway port authority shall
follow the departure procedures.
3. For the ship that arrives at an inland port or
landing stage within seaport waters or maritime area and then arrives at a
wharf or berth within the such port 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 wharf or berth; the port authority shall apply the departure
procedures.
Article 74. Regulations on reduction of and
exemption from procedures for ship’s arrival at and departure from a seaport in
special cases
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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
Section 4 of this Chapter 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.
2. For the foreign nuclear-powered ship or the ship
that carries radioactive substances:
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;
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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 or by post or via the online public service system or in any other
appropriate form17, to the Vietnam Maritime Administration. The
application includes: a written request using form No. 40 prescribed in the
Appendix enclosed herewith for consent to the arrival of the foreign ship at a
seaport; copies of documents relating to the purposes and duration of the
ship’s arrival at a seaport; copy of the Ship Registration Certificate;
b)18 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
The 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.
2. Places where procedures for ships that have a
tonnage of 200 tonnes or below, flies the national flag of the country sharing
its border with Vietnam arrive at the seaport in the border area between
Vietnam and such country are followed:
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;
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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) There are signs of violation or sufficient
grounds for suspecting the truthfulness of declaration.
4. The 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
1. The port authority of Vung Tau shall take charge
and cooperate with relevant authorities in carrying out procedures for the
foreign ship in transit through Vietnam to Cambodia via Tien river according to
regulations of this Decree and relevant regulations of law.
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.
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Article 79. Procedures for domestic watercraft
in transit through Vietnam to Cambodia
The 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. The 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
the ship.
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, settle procedures for the ship under their management and submit the
results to the port authority. The power to settle procedures for the ship by
regulatory authorities:
a) The port authority shall process ship documents
and Certificate of Crew’s Competency, and shall be the last authority that
allows the ship to enter, exit, transit, arrive at or depart from the seaport;
b) The border checkpoint customs authority shall
process documents about cargoes, effects, raw materials and fuels on board.
c) The border guards shall process documents about
crew, passengers, stowaways and persons boarding and disembarking the ship;
d) The health quarantine authority shall process
documents about human-related epidemics;
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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
The ship documents shall be submitted to the
regulatory authority at the seaport via Fax, electronic declaration, in person
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
Section 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.
2. The Ministry of Finance shall take charge and
cooperate with the Ministry of Transport and relevant ministries in reviewing
and completing the mechanism for e-procedures via the national single-window
portal.
Article 83. Responsibilities of agencies and
organizations for carrying out e-procedures
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2. Regulated authorities shall, under their
functions, tasks and powers, 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 agencies, 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, 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 followed, 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 not been followed yet via the web portal.
Article 84. E-documents, conversion from paper
documents into e-documents and vice versa upon completion of e-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:
a) Reflect all the information from paper
documents;
b) Ensure availability of a digital signature
registered with the web portal;
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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 at 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 follow 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
signature for declaration on the web portal.
2. His/her digital signature used for declaration
on the web portal shall be a digital signature corresponding to his/her digital
certificate issued by public or foreign authentication service providers
recognized as prescribed by law.
3. The declarant shall register his/her digital
signature for declaration on the web portal.
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1. Information concerning switchboards and
electronic mailboxes shall be published on the web portal or websites of
relevant ministries and central authorities.
2. The ministries and central authorities shall
establish a division that is available for 24 hours a day and 07 days a week
for receipt and resolution of difficulties faced by declarants.
Section 4. PROCEDURES FOR SHIPS’ ENTRY, EXIT,
TRANSIT, ARRIVAL AT OR DEPARTURE FROM SEAPORTS AND OPERATION WITHIN VIETNAMESE
TERRITORIAL WATERS
Article 87. Notice of ship’s arrival at or
departure from the seaport and notice of transit
1. Notice of ship’s arrival at or departure from
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 on schedule;
b) Notice of ship’s arrival at the seaport made
using the Form No. 42 provided in the Appendix enclosed herewith: Within 08
hours before the ship arrives at the seaport on schedule; within 02 hours
before the ship arrives at a designated location at seaport in case the ship is
moving among Vietnamese seaports or maritime areas within 20 nautical miles. .
For the ship, military ship, nuclear-powered ship, the ship that carries
radioactive substances or the ship that arrives at the invitation of the
Government of the Socialist Republic of Vietnam, the notice shall be issued
within 24 hours before such ships arrive at the seaport on sechule. Within 12
hours since the ship is expected to arrive at an anchorage waiting for transit.
2. Notice of ship’s departure from the seaport:
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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:
a) The documents to be submitted (the original), 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 made using the Form No. 49, Port
Clearance Certificate - Submitted to the port authorities;
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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 the 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 the health quarantine authorities;
- Declaration for plant quarantine (if any) made
using the Form No. 53 - Submitted to the plant quarantine authorities;
- Declaration for animal quarantine (if any) made
using the Form No. 54 - Submitted to the 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 the port authorities;
- Passport or international laissez-passer of crew
and passengers - Submitted to border guards;
- Crew’s International Certificate of Vaccination,
Certificate of Health Quarantine, Ship’s Sanitation Control Exemption/Control
Certificate (if any) - Presented to health quarantine authorities;
- Certificate of plant quarantine (if any) -
Presented to the plant quarantine authorities;
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- 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 (the original), 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 the port authorities;
- - 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 the port authorities;
- 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;
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- 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 the health quarantine
authorities;
- 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 the 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 pathgen), 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 the animal 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 within their competence 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 Port Clearance Certificate is yet to be issued,
a written notice specifying reasons thereof must 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 exit shall be carried out
again as prescribed in this Article.
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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. 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 01
Crew list made using the Form No. 47 (the Forms are provided in the Appendix
enclosed herewith), in person 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.
Article 92. Procedures for ships in transit
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.
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3. Within 02 hours before the ship transits, the
declarant shall submit and present the following documents:
a) The documents to be submitted (the original), 01
original per each, including (the Forms are provided 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 the 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 the 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 the
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 the Health quarantine authorities;
b) The documents to be presented (original),
including:
- Port Clearance Certificate, Ship Registration
Certificate, Certificates of satisfaction of technical safety requirements,
Certificate of Crew’s Competency according to regulations, 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 in respect of ships used to transport petroleum,
petroleum products or other dangerous goods - Presented to the port
authorities;
- Passport or international laissez-passer of crew
and passengers - Presented to border guards;
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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 and immediately inform the port
authorities of results and the port authorities 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 (the original), 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 the 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 the border checkpoint customs
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 the border guards;
b) The documents to be presented (the original),
including:
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- Passport or international laissez-passer or
personal papers of crew and passengers according to regulations of the
Agreement, with the country that shares the border with Vietnam, to which
Vietnam is a signatory - Presented to the 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:
a) The documents to be submitted (the original), 01
original per each, including (the Forms are provided 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, Port Clearance Certificate - Submitted to the port authorities;
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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:
a) The documents to be submitted (the original), 01
original per each, including (the Forms are provided 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 (in case of transport of imports and
transit cargoes) made using the Form No. 49, Port Clearance Certificate -
Submitted to the port authorities;
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- 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 the 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 the 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
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.
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:
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- 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 the 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 the 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.
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 (the original), 01
original per each, including (the Forms are provided in the Appendix enclosed
herewith):
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- 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 the 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 the border checkpoint customs authorities;
b) The documents to be presented (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 - Presented to the 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 carrying a pathgen) -
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.
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 98. Procedures for shakedown testing of
ships that are under construction or repair or have undergone modification
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a) The documents to be submitted (the original), 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
Procedures for domestic watercraft’s arrival at 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.
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a) The documents to be submitted (the original), 01
original for each, including (the Forms are specified in the Appendix enclosed
herewith): General Declaration (for the domestic watercraft) made using the
Form No. 59, Passenger List (for the passenger watercraft) made using the Form
No. 61, Port Clearance Certificate;
b) Documents to be presented (the original),
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 reply 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.
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):
a) General Declaration (for the domestic
watercraft) made using the Form No. 59;
b) Passenger list (in case of change of passengers)
made using the Form No. 61;
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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 no more than 72 hours and does not handle or embark or
disembark passengers and there are no changes to documents prepared when the
watercraft departs, being compared to those prepared when the watercraft
arrives, 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
The navigation routes in the compulsory pilotage
areas shall be announced by a competent authority in the areas posing risk to
maritime security and safety and environmental safety. The ships operating on
the navigation routes shall employ maritime pilots unless maritime pilotage is
exempted as prescribed.
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.
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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. The 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. Past this time limit, the request for provision of pilotage services
shall be invalidated and the declarant shall pay for the waiting time as
prescribed.
7. Within 01 hour since the dispatching plan
submitted by the port authority is received, the pilotage service provider
shall confirm the expected place and time of pilot boarding. If a pilot is on
board the ship late or a place other than the confirmed one, thereby keeping
the ship waiting or causing it to move to another place, the pilotage service
provider shall pay for the waiting time as prescribed. The declarant shall
immediately inform such to the port authority and the pilotage service provider
for prompt remedial measures according to regulations.
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.
9. The pilotage service provider shall designate
the pilots that are qualified for piloting the ship.
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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;
e) Discuss with the master about the information
about actual condition of the navigation routes, characteristics of ship
dispatching and other information relating to maritime operations carried out
on navigation routes before dispatching ships.
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.
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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 the
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.
Chapter V
MARITIME SAFETY AND SECURITY, AND ENVIRONMENTAL SAFETY
Section 1. MARITIME SAFETY AND SECURITY
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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;
c) Using life-saving and fire-fighting equipment
for improper purposes;
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 the Ministry of Culture, Sports and Tourism.
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Article 107. Obligations to search and rescue
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.
Article 108. Responsibility for provision of
information for maritime safety and security assurance
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
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2. The Ministry of Transport shall direct the
Vietnam Maritime Administration shall 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. The bottom-set gillnetting, fishing and
aquaculture within seaport waters are required to obtain the consent of the
port authority under the following procedures:
a) The applicant 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;
b) Within 01 working day since receipt of the
request, the port authority shall submit a written consent if the bottom-set
gillnetting, fishing and aquaculture satisfy the regulations specified in
Clause 2 of this Article. In case of rejection, a written response specifying
reasons thereof shall be given;
c) The duration of such activities is not later
than 02 years.
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 of 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. The 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 of 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 the right 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
be 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 SAFETY
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. Pumping or discharge dirty water, dirty
residues, waste, oil or oily compounds and other harmful substances.
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, in person 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, in person 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 penalties
shall be imposed 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 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. The 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
of 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 People’s Committee
of the province 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;
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 and
local governments 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. Inspection of and actions against 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 CLAUSES
Article 124. Effect[9]
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 dated August 23, 2016 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 clauses
Regarding projects on investment in and
construction of seaports, ports, wharfs, navigational channels, dedicated
waters whose conformity with the master plan 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. Organizing implementation
1. The Minister of Transport shall take charge and
cooperate with ministries, central authorities and relevant People’s Committees
of provinces and central-affiliated cities in organizing the implementation of
this Decree.
2. The Ministers, heads of ministerial agencies,
heads of Governmental agencies, Presidents of the 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. MINISTER
DEPUTY MINISTER
Nguyen Xuan Sang
[1]
This Clause is amended according to regulations in point a clause 1 Article 4
of Decree No. 69/2022/ND-CP providing amendments to certains Articles of the
Decrees related to business operations in maritime sector, which comes into
force from October 30, 2022.
[2]
This Clause is amended according to regulations in point b clause 1 Article 4
of Decree No. 69/2022/ND-CP providing amendments to certain Articles of the
Decrees related to business operations in maritime sector, which comes into
force from October 30, 2022.
[3]
This Clause is amended according to regulations in clause 2 Article 4 of Decree
No. 69/2022/ND-CP providing amendments to certain Articles of the Decrees
related to business operations in maritime sector, which comes into force from
October 30, 2022.
[4]
This Clause is amended according to regulations in clause 3 Article 4 of Decree
No. 69/2022/ND-CP providing amendments to certain Articles of the Decrees
related to business operations in maritime sector, which comes into force from
October 30, 2022.
[5]
This Clause is amended according to regulations in point a clause 4 Article 4
of Decree No. 69/2022/ND-CP providing amendments to certain Articles of the
Decrees related to business operations in maritime sector, which comes into
force from October 30, 2022.
[6]
This Clause is amended according to regulations in point b clause 4 Article 4
of Decree No. 69/2022/ND-CP providing amendments to certain Articles of the
Decrees related to business operations in maritime sector, which comes into
force from October 30, 2022.
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[8]
This Clause is amended according to regulations in clause 7 Article 4 of Decree
No. 69/2022/ND-CP providing amendments to certain Articles of the Decrees
related to business operations in maritime sector, which comes into force from
October 30, 2022.
[9] Article 6 of Decree No. 69/2022/ND-CP
amending certain Articles of Decrees providing regulations related to business
operations in maritime sector, which comes into force from October 30, 2022,
provides for:
“Article 6. Effect
1. This Decree comes into force
from October 30, 2022.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies, and Chairpersons of
People’s Committees of provinces and central-affiliated cities shall be
responsible for guidance on and implementation of this Decree.”