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THE MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
299/2000/TT-BGTVT
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Hanoi, August 04, 2000
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CIRCULAR
GUIDING THE IMPLEMENTATION OF ARTICLES 22 AND
23 OF THE GOVERNMENT’S
DECREE No.171/1999/ND-CP OF DECEMBER 7, 1999
To
uniformly implement the provisions of Articles 22 and 23 of the Government’s
Decree No.171/1999/ND-CP of December 7, 1999 detailing the implementation of
the Ordinance on Protection of Traffic Works with regard to riverway traffic
works, the Ministry of Communications and Transport hereby provides the
following concrete guidance:
I.
SUBJECTS OF APPLICATION
This Circular shall apply to all organizations
and individuals that conduct the following activities within the inland
waterway traffic works protection area or without the works protection area,
but affecting inland waterway traffic safety as well as inland waterway traffic
works’ safety:
1. Building permanent bridges, makeshift
bridges;
2. Building aerial or sub-riverbed power lines,
communication lines, conduits;
3. Building harbors, wharves or ferry-landings;
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5. Building dredging works;
6. Salvage, clearance and removal of obstacles.
II.
PROCEDURES FOR INVESTMENT PROJECT ELABORATION
1. For works subject to investment project
elaboration under the legislation on investment and construction management,
when elaborating investment projects, the project elaborators shall have to
send dossiers to the competent agencies defined in Part IV of this Circular,
for comments. Such a dossier includes:
a/ A document requesting the competent agency to
comment on the investment project. Such document must clearly state the project’s location and size, the meteorological conditions
and its major structures;
b/ The map of the area where the project is
located or the map showing the ‘s position with the coordinate system and level
mark in relation to the national mark system;
c/ In addition to the above-mentioned documents,
the project elaborators shall also have to submit the following documents,
depending on each specific case:
*/ Projects on permanent or makeshift bridges:
- Data on ship clearances (position, width,
height);
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- With regard to swing bridges, drawbridges and
pontoon bridges, it is necessary to describe the retraction plan and
technology, the projected water area for waterway means to moor in waiting.
* Projects on aerial river-crossing pipelines
and cable-lines
- Drawings and data clearly indicating the
lowest point of the cable- line or pipeline (the lowest point of a power line
shall also cover the power- network safety corridor according to the current
stipulations).
* Projects on underground works:
- Drawings on sizes and leveling of the top of
the underground works.
* Projects on ferry-landings:
- Drawings on the direction and sizes of wharves
along the river banks, support works and water area needed for ferry
operations.
* Embankment projects, river-training projects
and anti- flood and -storm projects:
- Drawings on sizes and direction of the works,
the project’s waterfront parts.
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III.
PROCEDURES TO APPLY FOR PERMITS TO CONSTRUCT WORKS INSIDE THE INLAND WATERWAY
TRAFFIC WORKS PROTECTION AREA
1. Before building projects or conducting
activities mentioned in Part I, investors or units in charge of construction
shall have to send dossiers to the competent agencies, applying for
construction permits. Such a dossier includes:
a/ An application for construction, sent to the
regional inland waterway managing agency, clearly stating the works
construction scale: the construction tempo of each item within the traffic
works protection area; the water area applied for use and the commitment to
clear up the sites after the construction.
b/ If the projects are constructed inside the
navigation lane protection areas, the investors or the construction units shall
have to work out plans to ensure traffic safety for the navigation routes
running through the construction areas during the construction time, and
install signal and warning devices under the guidance of regional inland
waterway managing agencies.
c/ The copies of written comments of the
competent agency on the projects which require investment project elaboration;
d/ In addition to the above-mentioned documents,
the scheme of the construction area (for river-crossing projects); the scheme
of the dredged area, the allowed dredged volume, and the soil and sand dumping
sites, are required; and the other procedures (for dredging projects) must be
filled in according to the current regulations.
2. The competent agency shall consider the
dossier and, if deeming that it meets the prescribed conditions, issue a
written permission for construction and send it to the investor or the unit
directly engaged in construction within 5 days after receiving the complete and
valid dossier. In such particularly urgent cases as the salvage of sunken
means, immediate clearance and removal of obstacles that cause traffic jams,
the means or obstacle owners shall, together with the regional inland waterway
managing agency, reach agreement on the plan to ensure safety for navigation
through the construction area and take responsibility for any incidents during
the construction.
3. Upon the completion of the construction, the
project owners mentioned in Part I shall have to hand over the dossiers to the
regional inland waterway managing agencies. Such a dossier shall include:
a/ The records on the navigation lane inspection
and sweeping in the waters of the construction area, which is witnessed by
representatives of the regional inland waterway managing agency;
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c/ The general drawing of the works;
4. Pending the hand-over, the owners of the
works and obstacles shall take responsibility for unsafety consequences caused
by their projects or obstacles to waterway means travelling through the
construction area.
IV. THE
RELEVANT COMPETENT AGENCIES
1. Competence to comment on investment projects
in the elaboration stage:
a/ The Ministry of Communications and Transport
shall consider and give written comments on works of group-A projects;
b/ The Vietnam Inland Waterway Administration
shall consider and give written comments on works under group-B and -C projects
on the centrally-run inland waterway routes;
c/ The provincial/municipal Communications and
Transport Services and Communication and Public Works Services shall consider
and give written comments on works under group-B or -C projects on the
locally-run inland waterway routes;
(The works shall be classified under group A-, B
or -C projects according to current regulations on investment and construction
management).
2. Competence to grant the construction permits
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b/ The provincial/municipal Communications and
Transport Services as well as Communications and Public Works Services shall
consider and permit the construction of the locally-run inland waterway
projects.
V.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15 days after its
signing and replaces Circular No.318-TT/PC of September 6, 1996 and Decision
No.2047-QD/PC of August 6, 1996 of the Minister of Communications and
Transport.
2. The director of the Legal Department under
the Ministry of Communications and Transport, the director of the Vietnam
Inland Waterway Administration, the directors of the provincial/municipal
Communications and Transport Services as well as Communications and Public
Works Services, and all relevant organizations and individuals shall have to
implement this Circular.
3. In the course of implementation, if any
problem arises, relevant organizations and/or individuals should promptly
report it to the Ministry of Communications and Transport for study and
appropriate supplements and/or amendments.
FOR THE MINISTER OF COMMUNICATIONS AND TRANSPORT
VICE MINISTER
Pham Quang
Tuyen