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MINISTRY OF TRANSPORT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No: 33/2019/TT-BGTVT

Hanoi, September 06, 2019

CIRCULAR

ON DREDGING OPERATIONS WITHIN INLAND WATER AREAS

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law on Amendments and Supplements to certain Articles of the Law on Inland Waterway Traffic dated June 17, 2014

Pursuant to Decree No.12/2017/ND-CP dated February 10 2017 by the Government defining the function, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 159/2018/ND-CP dated November 28, 2018 by the Government on management of dredging operations within seaport water and inland water areas;

Pursuant to Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government detailing construction contracts;

At the proposal of the Director General of Transportation Infrastructure Department and the Director General of the Vietnam Inland Waterway Administration;

The Minister of Transport promulgates a Circular on dredging operations within inland water areas.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides for the dredging operations within inland water areas, including: the turnkey standard maintenance dredging carried out during the definite period, unscheduled maintenance dredging to ensure the traffic safety; the contract of executing inland waterway maintenance dredging funded by the state budget and the contents of contracts for privately-invested projects on dredging of inland water areas.

Article 2. Regulated entities

This Circular applies authorities, domestic and foreign organizations, individuals related to dredging operations within inland water areas.

Article 3. Interpretation of terms

For the purpose of this Circular, these terms below can be construed as follow:

1. The inland waterway management authority means authorities which perform the state specialized management in inland water transport safety, including the Vietnam Inland Waterway Administration and Departments of Transport.

2. Unscheduled maintenance dredging means irregular dredging projects with respect to emergency tasks arising due to force majeure, which need to execute immediately to ensure the inland water transport safety.

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4. Investor means an enterprise chosen by a competent authority to execute the contract of a privately-invested project on dredging of inland water areas .

Chapter II.

MAINTENANCE DREDGING OF INLAND WATERWAY CHANNELS FUNDED BY THE STATE BUDGET

Section 1. The turnkey standard maintenance dredging carried out during the definite period of inland waterway channels

Article 4. The turnkey standard maintenance dredging carried out during the definite period

1. The turnkey standard maintenance dredging carried out during the definite period funded by the state budget applies to the inland waterway channels on shoals, shallow sections or estuaries of the main waterborne transport routes which have stable streams for the latest 3 year and regularly being filled up.

2. Based on the proposal of the Vietnam Inland Waterway Administration, the Ministry of Transport shall approve the turnkey standard maintenance dredging carried out during the definite period (at least 3 years) within national inland waterways which are listed on the list of annual maintenance of inland waterway works.

3. Based on the proposal of Departments of Transport, the People’s Committee of provinces, central-affiliated cities (hereinafter referred to as provincial People’s Committees) shall approve the turnkey standard maintenance dredging carried out during the definite period (at least 3 years) within national inland waterways which are listed on the list of annual maintenance of inland waterway works.

Article 5. The project design and estimation

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2. The construction design shall be established on the following bases:

The dump site which is approved and announced by the provincial People’s Committee shall be able to store the collected materials during the maintenance dredging carried out during the definite period;

b) The maintenance standards from the maintenance plan for inland waterway works shall be approved by the Ministry of Transport or the provincial People’s Committee or the channel standards by technical classification shall be approved by the competent authority.

c) Dredging volume includes: initial dredging volume (reconfirmed when measuring for handover of site) and maintenance dredging volume collected from the end of the initial dredging to the end of the maintenance dredging carried out during the definite period;

d) The initial dredging volume is determined based on the topographic map showing the latest depth of the inland waterway channel whose date must not exceed 06 months up to the time of design approval. In case the dated of the topographic map showing the latest depth of the inland waterway channel is more than 06 months or there is no available topographic map, a survey shall be conducted for the calculation of the initial dredging volume;

dd) The maintenance dredging volume is determined based on the average maintenance dredging volume for the latest 3 years or the volume calculated from the average result of sedimentation survey for the latest 3 years or from monitoring results and model research.

3. The estimate of the turnkey standard maintenance dredging carried out during the definite period shall base on the dredging volume corresponding to the channel design standards, dump site and the maintenance duration.

Article 6. Selecting the contractors and carrying out the handover of cleared project site

1. The selection of contractors shall comply with regulations prescribed in Article 17 of Decree No. 159/2018/ND-CP .

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Article 7. Managing the project execution

1. The contractors shall:

Carry out the contracts in accordance with law;

b) Receive and manage the construction sites, coordinates and elevation markers during the project execution;

c) Register construction machines, equipment, monitoring equipment system, the list of workers with the local authorities of inland waterway management and such items shall be supervised, inspected and confirmed in accordance with regulations;

d) Submit the plan for project execution (duration and progress of construction) to the authorities of inland waterway management, the local authorities of inland waterway management, the local authorities, the supervising consultants, the design consultants before the time of project execution and post such plan on signboards at the project sites.

dd) Apply methods for maintaining traffic safety approved by the competent authority, including installing buoys, borderline markers of the construction site during project execution for the inspection and supervision of competent authorities.

e) Conduct the dredging in accordance with regulations of the contract and law, maintain the approved design standards (length, channel width, platform height, dredging slope, radius of curve) and comply with the environmental requirements specified in the contract during the project execution;

g) Within 02 days after detecting the shallow areas or receiving the written requests of competent agencies, the contractor must establish the dredging plan and notify the supervising consultant to carry out the construction supervision according to the regulations. Within 05 days after detecting the shallow areas or from the investors' requests, the contractor must dredge the shallow areas to maintain the design standards of the channels and the time to complete such dredging shall not be more than 20 days from the date of receiving the request

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h) If the contractor fails to meet the requirements of time, progress and quality prescribed in the contract and regulations prescribed in point g of this clause, the local authority of inland waterway management shall request the Vietnam Inland Waterway Administration or the provincial People’s Committee (or agencies authorized by the provincial People’s Committee) to consider and decide the deduction of contractual payment corresponding to the time applying remedial measures (starting from the date of which the request is sent to the date of completing the implementation of remedial measures);

In case the contractor has been reminded two times in writing but still fails to complete the dredging as prescribed in point g and h of this clause, dump collected material at unassigned location or illegally transfer the contract, the local authority of inland waterway management or the Department of Transport shall notify the Vietnam Inland Waterway Administration or the provincial People’s Committee to consider, handle the violation, terminate the contract and select other capable contractors in according with regulations to continue the project execution;

k) In addition to measures prescribed in point c, point h and point i of this clause, the contractor must be responsible for any consequences and incidents caused by the shallow channel in accordance with regulations of law;

l) Select the survey unit for the internal acceptance test of the construction result in accordance with regulations. Organize the survey of the result of shallow section dredging covered by the budget of contractors in the case prescribed in point b clause 2 of this Article;

m) Establish the profile of the construction’s quality management in accordance with regulations;

n) Report the progress, quality, quantity, occupational safety and environmental status of the project in accordance with regulations of the contract and at request of the investor.

2. The local authority of inland waterway management shall:

Regularly manage, inspect and supervise the execution of contractors, supervising consultants and the on-site survey for acceptance test of constructions;

b) Organize surveys in accordance with regulations prescribed in point a, point b clause 3 of this Article to inspect the maintenance of channel standards of contractors. Send requests to contractors for immediate dredging and notify the supervising consultant to supervise such dredging in accordance with regulations if detecting areas within the project site that do not meet the requirements.

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d) Submit the report on survey results and results of maintenance dredging operations to the Vietnam Inland Waterway Administration or provincial People’s Committees (or to agencies authorized by provincial People’s Committees) every two months or after the completion of a stage and the completion of construction.

dd) Perform acceptance test for completing stages and construction in accordance with regulations.

3. The inland waterway management authority shall:

Approve the outline of survey for unscheduled inspection of each channel applying turnkey standard maintenance dredging carried out during the definite period with the maximum of checking frequency every 06 months / time. The measurement area of each survey shall be designated by the investor with the survey area being at least equal to 30% of the surface of the channel to inspect the maintenance of the channel design standards of contractors;

b) Instruct the local authorities of inland waterway management and relevant authorities and units to periodically survey the assigned areas to check the capacity for maintaining the channel design standards of the contractors.

c) Inspect the quality and the progress of maintenance dredging projects, the inland waterway safety during project execution; suspend operation and handle violations (if any) of contractors and relevant organizations, individuals in accordance with regulations of law;

Article 8. Inspecting, monitoring and carrying out the acceptance test

1. The contents of acceptance test for the turnkey standard maintenance dredging carried out during the definite period shall comply with regulations prescribed in Article 20 of Decree No. 159/2018/ND-CP and the following contents:

The supervising consultant and the contractor shall record all the construction result according to Form No. 01, Form No. 2, Form No. 3, Form No. 4, Form No. 5 and Form No. 6 prescribed in the Appendix attached to this Circular;

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2. The contents of acceptance test for the turnkey standard maintenance dredging carried out during the definite period shall comply with regulations prescribed in Article 21 of Decree No. 159/2018/ND-CP .

Article 9. Making payments and settling expenses

The payment and settlement of expenses for the project shall comply with regulations of law.

Section 2. UNSCHEDULED MAINTENANCE DREDGING OF INLAND WATERWAY CHANNELS

Article 10. Procedures

The procedures for unscheduled maintenance dredging of inland waterway channels shall be carried out as follows:

1. Submitting report and approving unscheduled maintenance dredging

2. Selecting the contractor

3. Formulating the project design and cost estimation.

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5. Performing the acceptance testing ….

6. Consolidating, amending the maintenance plan for inland waterway works; assigning of estimated state budget.

7. Making payments and settling expenses.

Article 11. Submitting report and approving unscheduled maintenance dredging

1. Regional inland waterway regulatory authorities shall undertake and cooperate with the inland waterway management, maintenance units to conduct preliminary surveys and notify the inland waterway management authorities of the unscheduled maintenance dredging.

2. Ministry of Transport, provincial People’s Committees shall approve the unscheduled maintenance dredging based on the proposal of the inland waterway management authorities or the undertaking to conduct the unscheduled maintenance dredging.

Article 12. Selecting the consultancy, contractor

1. Responsibilities of the inland waterway management authority are:

Based on the undertaking to conduct the unscheduled maintenance dredging, the authority shall select consultancy units (on survey, supervision, design, environment) that have capability and experience to immediately implement the unscheduled maintenance dredging for approval of the Vietnam Inland Waterway Administration or the provincial People’s Committee;

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2. Based on the result of contract negotiation, the proposal of the inland waterway management authority or the provincial Department of Transport and the contract with the selected contractors, the Vietnam Inland Waterway Administration or the provincial People’s Committee shall appraise and approve the result of consultancy unit selection.

Article 13. Formulating, appraising and approving the project design, cost estimation and consulting outline

1. The project design and the cost estimation shall be established on the basis of the survey and handover result, the norms, technical standards of survey and design, specialized technical-economic norms and regulations of relevant laws.

2. The establishment, appraisal and approval of project design, cost estimation, consulting outline and estimation of consultancy and environmental protection charges shall be carried out in accordance with clause 2, Article 16 of Decree No. 159/2018/ND-CP .

Article 14. Carrying out the handover of the cleared project site, organizing dredging, inspection and surveillance activities.

1. Carrying out the handover of cleared project site

The inland waterway management authority shall undertake and cooperate with supervising and design consultants to organize the survey and handover of cleared project site (including dredging site and dump site) for contractors to implement the project, and cooperate with relevant agencies, local authorities to inspect and confirm the current status of related works and the shoreline of dredged areas.

2. Organizing dredging

The contractors shall receive the cleared project site and organize the dredging in accordance with approved design and dredging method;

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c) The inland waterway management authority may conduct unscheduled inspection (if necessary) during the construction of the project or when having suspicion of quality and construction quantity of contractors

3. The inspection, supervision and acceptance test shall be conducted in accordance with regulations prescribed in Article 8 of this Circular.

Article 15. Making payments and settling expenses.

The payment and settlement of expenses of maintenance dredging of inland waterway channels using the state budget shall comply with guidance of the Ministry of Finance.

Section 3. CONSTRUCTION CONTRACTS FOR INLAND WATERWAY MAINTENANCE DREDGING

Article 16. Types of contract

There are 2 types of contract for inland waterway maintenance dredging, including:

1. The fixed unit price contract or adjustable unit price contract applies to the annual maintenance dredging or unscheduled maintenance dredging.

2. The lump-sum contract applies to the turnkey standard maintenance dredging carried out during the definite period.

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The contents of the project execution contract shall comply with regulations of the Government on construction contracts and guidance of Ministry of Construction on work construction contracts. In addition to aforementioned contents, the following contents shall be added:

1. The contract shall be terminated and the contractor is not allowed to conduct acceptance test, receive payment and shall be responsible for compensating all losses and damages to the Investor when failing to meet requirements of time, progress, quality as prescribed in the contract and after two time of being reminded in writing but still fails to perform remedial actions or lets the construction remains unfinished.

2. During the execution of project, if the contractor disposes the dredged materials at wrong places which causes environmental pollution or illegally transfers the contract, the contract shall be terminated and the contractor shall be responsible to cover all losses and damages caused by itself in accordance with regulations of law.

3. As for lump-sum contracts for maintenance dredging, the phrase “no adjustment in budget on implementation” shall be clearly stated in the content of such contracts.

Chapter III

DREDGING WITHIN INLAND WATER AREAS AND COLLECTING DREDGED MATERIALS.

Article 18. Establishing the list of dredging areas

1. The inland waterway management authority shall establish the new list of dredging areas or update the list and submit such list to the Ministry of Transport or the provincial People’s Committee before June 30 every year.

2. The list of dredging areas must contain the main contents prescribed in clause 3 Article 26 of Decree No. 159/2018/ND-CP.

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Article 19. Project contract

1. Conditions prescribed in the project contract shall be in line with regulations of law on contract and regulations prescribed in the following documents:

Decision on announcing the list of tasks in the dredging project of the competent authority;

b) Decision on approving the feasibility study reports of the dredging project of the competent authority;

c) The result of contractor selection;

d) The report on the evaluation of environmental impacts or plan for environmental protection is approved or certified in accordance with regulations;

dd) Decision or documents of approving the registration of collected products of the competent authority;

c) Assurance of project contract performance

2. Several contents in contracts of privately-invested projects on dredging of inland water areas shall be conducted as prescribed in Appendix 2 attached to this Circular.

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1. Ministry of Transport

Establish and announce the list of dredging areas in accordance with regulations prescribed in Article 26, 17 of Decree No. 159/2018/ND-CP.

b) Instruct the Vietnam Inland Waterway Administration to cooperate with competent authorities during the implementation of the project within the managing inland water areas.

2. Provincial People’s Committees

Be responsible for tasks prescribed in clause 2, clause 3 and clause 4 Article 23 of Decree No. 159/2018-ND-CP;

b) Instruct Departments of Transport to consult Departments of Inland Waterway on projects on inland water areas under the management of Ministry of Transport in accordance with regulations of law on inland waterway;

c) Organize initial evaluations of implementing projects on dredging within inland water areas and collecting dredged materials.

3. The Vietnam Inland Waterway Administration

a) Cooperate with competent authorities conducting projects to inspect and supervise the investors’ compliance with obligations under terms and conditions of contracts and provisions laid down herein.

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4. Departments of Transport

Submit files of projects and notify the Vietnam Inland Waterway Administration about the time and schedule of projects on dredging within inland water areas and collecting dredged materials on national inland waterway channels;

b) Undertake and cooperate with the Vietnam Inland Waterway Administration to inspect and monitor the investors’ compliance with requirements on scale, dredging area, the design standards of channels, the progress of the projects;

d) Submit monthly and quarterly reports on the progress and result of implementing projects to competent authorities prescribed in Article 24 of Decree No. 159/2018/ND-CP

4. Investors

Cooperate with departments and local governing bodies to supervise and announce the project execution to the community in the project's area in accordance with regulations;

b) Cooperate with Departments of Transport, relevant agencies and local governing bodies to inspect and confirm the status of related works and the shoreline of dredged areas within the area of the project;

c) Submit the approved report on the evaluation of environmental impacts or the certified plan for environmental protection to the People’s Committee where the project is located and post such report and plan on the signboard at the project site before and during the project execution;

d) Commit to execute the approved project in accordance with current regulations without transferring the project or parts thereof to another investors. Take responsibility for all costs of repair and compensation for damaged works inside and outside of the project’s area caused by failure to comply with the approved design in accordance with regulations of law.

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e) Properly and fully execute all commitments in the approved report on the evaluation of environmental impacts or the certified plan for environmental protection, ensure the safety of inland waterway during the execution; register the method, duration of dredging and volume of dredged materials at the provincial People’s Committee and fulfill obligations of taxes, charges and other financial obligations in accordance with regulations of law;

g) If there is any erosion of river banks, canals or potential damage to surrounding structures during the construction of the project, investors must suspend dredging and coordinate with the supervising consultant to report the situation to the local authority and inland waterway management authority to check and determine the cause, impact level and report to the provincial People's Committee for solution.

h) Report the progress, quality, quantity, occupational safety and environmental status of the project in accordance with regulations of the contract and requirements of competent authority as prescribed in Article 24 of Decree No. 159/2018/ND-CP .

5. Supervising consultants

Supervise the construction progress of investors in accordance with regulations prescribed in Article 20 of Decree No. 159/2018/ND-CP and those of law on construction quality management and construction maintenance;

b) Cooperate with local professional authorities in supervising and confirming the dredging volume of investors;

c) Submit monthly and quarterly reports on the progress and result of implementing projects in accordance with regulations of signed contracts and at request of competent authorities prescribed in Article 24 of Decree No. 159/2018/ND-CP .

Chapter IV.

IMPLEMENTATION

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1. This Circular takes effect on November 01 2019.

2. The turnkey standard maintenance dredging carried out during the definite period shall commence in 2020.

3. The Circular No. 69/2015/TT-BGTVT dated November 09, 2015 by the Minister of Transport detailing the dredging operation within the inland waterway channels, seaport water, inland waterway ports and the collection of dredged materials shall be annulled.

Article 22. Implementation

The Chief of the Ministry Office, Chief Inspector, director generals of the Vietnam Inland Waterway Administration and Departments of Inland Waterway, heads of provincial Departments of Transport and relevant organizations and individuals shall apply this Circular.

PP THE MINISTER
DEPUTY MINISTER




Nguyen Nhat

187

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