Circular No. 01/2019/TT-BGTVT on the management and maintenance of inland waterway works

CIRCULAR

Provisions on management and maintenance of inland waterway engineering works

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; Law amending and supplementing some articles of the Inland Waterway Transport Law dated June 17, 2014; Pursuant to Decree No. 45/2018/ND-CP dated March 13, 2018 of the Government on management, use, and exploitation of infrastructure assets of inland waterway transport;

Decree No. 12/2017/NĐ-CP dated 10 the 02 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;17 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

The Minister of Transport issues this Circular on management, operation, exploitation, and maintenance of inland waterway engineering works.

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

1. This Circular stipulates the management and maintenance of engineering works belonging to the infrastructure of inland waterways (referred to as inland waterway engineering works).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Circular applies to organizations and individuals related to the management and maintenance of inland waterway engineering works within the territory of Vietnam (excluding inland waterway engineering works performing security and defense tasks).

1. The inland waterway transport management agency is the agency responsible for specialized state management functions in inland waterway transport, including: the specialized agency under the Ministry of Transport which is the Vietnam Inland Waterway Administration and the specialized agency under the People's Committee of provinces and centrally governed cities which is the Department of Transport.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

2. The inland waterway engineering works maintenance unit is organizations and individuals directly implementing the maintenance of inland waterways according to contracts with the owner or the inland waterway transport management agency or agencies assigned by the State to manage maintenance projects of inland waterway engineering works.

3. Engineering works belonging to the infrastructure of inland waterways include: inland waterway channels, berths, structures for vessel passage over dams and waterfalls; channel protection zones; inland waterway ports and wharfs; anchorage areas outside ports and wharfs; revetments, traffic dams, inland waterway navigation aids, systems of markers (elevation, coordinates, boundary limits of channel protection zones); stations; equipment directly serving the management and exploitation of inland waterway transport and other auxiliary works.

4. The maintenance procedure for inland waterway engineering works is documentation specifying the sequence, contents, and guidance for carrying out maintenance work on inland waterway engineering works.

5. Maintenance of inland waterway engineering works is a collection of activities aimed at ensuring and maintaining normal and safe operation of the works according to design specifications during exploitation and use. The content of maintenance of inland waterway engineering works may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of inland waterway engineering works but does not include activities that change the function or scale of the inland waterway engineering works.

6. Maintenance of inland waterway engineering works includes activities of monitoring, repairing minor damages, and maintaining installed equipment to ensure normal and safe operation of the works throughout the exploitation process.

Article 3. Requirements for maintenance of inland waterway engineering works

1. After completion of new construction, upgrading, renovation, and repair of inland waterway engineering works and acceptance and handover for management and maintenance, the period of management and maintenance starts from the date of acceptance and handover for exploitation and use of the works.

2. Maintenance of inland waterway engineering works shall be carried out in accordance with this Circular, maintenance procedures, technical standards, economic and technical norms for management and maintenance, and relevant laws.

3. Inland waterway engineering works must have a maintenance procedure before being put into operation, including: inland waterway channels; berths; structures for vessel passage over dams and waterfalls; inland waterway ports; revetments, traffic dams; inland waterway navigation aids. The establishment, review, approval, and adjustment of the maintenance procedure for inland waterway engineering works shall be conducted in accordance with Article 6 of this Circular.

4. For engineering works already in operation and use without a maintenance procedure, maintenance shall be carried out in accordance with Article 17 of this Circular.

5. Maintenance work on inland waterway engineering works must fully comply with safety requirements, environmental protection, fire prevention, and other requirements stipulated by law.

4. Maintenance costs for engineering works

Article Maintenance costs for inland waterway engineering works shall be implemented in accordance with Article 42 of Decree No. 46/2015/ND-CP dated May 12, 2015 of the Government on management of quality and maintenance of construction works (hereinafter referred to as Decree No. 46/2015/ND-CP) and relevant legal provisions. (hereinafter referred to collectively as traffic accidents).

MANAGEMENT AND MAINTENANCE OF INLAND WATERWAY ENGINEERING WORKS

Chapter II

Procedure for implementation of maintenance of engineering works

Article 5The procedure for implementation of maintenance of inland waterway engineering works shall be in accordance with Article 37 of Decree No. 46/2015/ND-CP. (hereinafter referred to collectively as traffic accidents).

The procedure for implementing maintenance of inland waterway works as prescribed in Article 37 of Decree No. 46/2015/NĐ-CP.

Article 6. Maintenance Procedures for Inland Waterway Engineering Projects

1. Basis for establishing maintenance procedures for inland waterway engineering projects:

a) Technical standards applicable to the project;

b) Similar maintenance procedures for similar projects (if available);

c) Manufacturer's instructions, equipment supply, and installation guidance into the project;

d) Natural conditions at the construction site;

đ) Completion documents of the project or current status survey documents of the project;

e) Other necessary documents.

2. Maintenance procedures for inland waterway engineering projects shall be carried out in accordance with the provisions of Article 38 of Decree No. 46/2015/NĐ-CP.

Article 7. Documents for Managing and Maintaining Inland Waterway Engineering Projects

1. Documents for managing the project include:

a) For navigation channels, documents extracted from completion documents such as plans, longitudinal sections, cross-sections, geological cross-sections, signal layout diagrams, traffic organization, and measurement marker system documents, boundary markers for channel protection zones;

b) For harbor works, revetments, dams, architectural structures during regular maintenance, management files must be established and separate inspection monitoring plans must be developed;

c) For signals and signs, maintenance history records and regular repair plans must be established;

d) For channel dredging and obstacle clearance works, documents extracted from completion documents such as plans, longitudinal sections, cross-sections, geological data, silt and sand disposal locations, obstacle positions, environmental impact assessment reports or environmental protection plans, marker system documents, traffic organization documents;

đ) For channel investigation and survey works, documents extracted from completion documents including plans, longitudinal sections, cross-sections, and marker system documents;

e) For inland waterway ports, wharves, AIS stations, cameras, automatic water level reading stations, VHF, radar systems, waterway information systems, specialized software, databases, static clearance warning devices, ship passage compartments, surveillance and monitoring equipment, and traffic control centers, documents extracted from completion documents or supplementary current status survey documents;

g) For inland waterway safety zones and anchorage areas outside ports, including documents on structures affecting inland waterway safety, violation timeframes and processing, boundary marker documents;

h) For dedicated inland waterways, separate tracking and updating documents must be established for related areas;

i) Management documents for inland waterway engineering projects as stipulated in points a to h of this clause must simultaneously indicate the location and scope of the project using two coordinate systems, including the national coordinate system VN-2000 and the global geodetic coordinate system WGS-84; national elevation system.

2. Documents for maintaining the project include:

a) Completion documents of the project or current status survey documents of the project;

b) Incident resolution documents for the project (if available);

c) Other necessary documents and files (if available).

3. Management of project documents for inland waterway engineering:

a) After new construction, upgrading, renovation, and regular maintenance of inland waterway engineering projects are completed and put into use, the project sponsor is responsible for transferring completion documents to the owner or manager for management file establishment. Completion documents must be stored and managed throughout the design life; usage and exploitation of documents must be in accordance with their intended purpose;

b) The owner or manager, operator, and user are responsible for establishing and updating the database of inland waterway engineering projects, maintenance history (regular repairs, emergency repairs, component replacement, structure, equipment, and other activities) into the information data management system for inland waterway transportation infrastructure within the management scope.

Article 8. Contents of inland waterway construction management

1. Regularly and urgently inspect technical conditions after natural disasters or other abnormal impacts to promptly identify damages and violations concerning the safety of the construction, handle according to authority or recommend competent authorities to process in accordance with regulations.

2. Monitor and forecast water levels, meteorological, hydrological conditions; track vessel routes, transportation volumes, and compile analysis data in reports and graphical charts.

3. Track the number of accidents, determine initial causes of each accident, losses caused by accidents; coordinate with competent agencies for search and rescue operations; resolve traffic accidents according to authority.

4. Establish files for hazardous locations on inland waterways, obstructions, and monitor the results of their handling.

5. Organize traffic assurance; communication; disaster prevention and address unusual incidents related to constructions.

6. Promote and disseminate laws; organize and coordinate the protection of inland waterway infrastructure.

7. Reporting periodically and urgently as prescribed.

8. Update relevant data on inland waterway constructions.

Article 9. Contents of inland waterway construction maintenance

Including one, several, or all of the following tasks:

1. Regularly, periodically, and urgently inspect inland waterway constructions to promptly identify signs of deterioration, damages to the construction, and installed equipment as a basis for maintenance of the construction.

2. Monitor inland waterway constructions as prescribed in Article 15 of this Circular.

3. Quality inspection of inland waterway constructions as prescribed in Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP.

4. Regular maintenance of inland waterway constructions including works carried out according to technical standards on regular maintenance of inland waterway constructions and maintenance procedures.

5. Repair inland waterway constructions including:

a) Periodic repair: includes activities to repair, rectify damages to the construction or replace parts of the construction and installed equipment to restore and improve the technical condition of the construction and ensure normal, safe operation of the construction and its components;

b) Urgent repair is carried out when the construction or its parts suffer damage due to sudden impacts such as natural disasters, earthquakes, collisions, fires, and other sudden impacts, or when the construction or its parts show signs of deterioration affecting the safe use of the construction. Urgent repairs due to natural disasters shall be implemented in accordance with the regulations of the Minister of Transport on disaster prevention and control in the field of inland waterways;

c) Other special tasks.

6. Maintain inland waterway constructions according to the annual maintenance plan managed by the Ministry of Transport as prescribed in Clause 4, Article 12 of this Circular.

Article 10. Application of standards, norms, and economic-technical quotas in managing and maintaining inland waterways

1. The application of technical standards and norms in maintaining inland waterway constructions as prescribed in Article 6 of Decree No. 46/2015/NĐ-CP.

2. The application of economic-technical quotas in maintaining inland waterway constructions shall be implemented in accordance with laws on investment cost management and laws on maintenance cost management of construction projects.

Article 11. Responsibilities for managing and maintaining inland waterway works

1. Responsibilities of the Vietnam Inland Waterways Administration

a) Organizing the management and maintenance of inland waterway works within its jurisdiction;

b) Inspecting and guiding units authorized to manage inland waterway works within their jurisdiction on matters related to management and maintenance of such works; ensuring safe and uninterrupted traffic; ensuring compliance with maintenance procedures, technical standards, and plans assigned;

c) Deciding and organizing the implementation of emergency traffic measures on national inland waterways when implementing the first phase of traffic assurance according to the Ministry of Transport's regulations on disaster prevention and control in the field of inland waterways; handling traffic congestion and incidents causing loss of safety in inland waterway traffic;

d) Handling violations concerning the management and maintenance of inland waterway works on the national inland waterway system within its authority or recommending competent state agencies to handle such violations;

đ) Performing other rights and responsibilities related to the management and maintenance of inland waterway works as prescribed by relevant laws;

2. Responsibilities of units authorized to manage inland waterway works in the management and maintenance of national inland waterway works within their jurisdiction:

a) Directly organizing the implementation of management and maintenance of inland waterway works within the assigned jurisdiction, ensuring safe and uninterrupted traffic;

b) Implementing the maintenance plan assigned as stipulated in Article 13 of this Circular;

c) Handling violations concerning the management and maintenance of inland waterway works within its authority or recommending competent state agencies to handle such violations;

3. Responsibilities of Departments of Transport

a) Organizing the implementation of management and maintenance work of inland waterway works within its jurisdiction;

b) Performing other rights and responsibilities related to the management and maintenance of inland waterway works within its jurisdiction as prescribed by law;

4. Responsibilities of contractors managing and maintaining inland waterway works: implementing the management and maintenance of the works assigned according to this Circular, technical standards, maintenance procedures, and the contents of signed contracts;

5. Responsibilities of owners or managers/users of self-funded inland waterway works:

a) Organizing the management and maintenance of the works under their management, ensuring safe and uninterrupted traffic, efficiency, and environmental protection;

b) Being responsible before inland waterway management agencies and competent authorities for organizing the management and maintenance of inland waterway works under their management, ensuring safe and uninterrupted traffic, and complying with legal provisions;

c) Adhering to inspections, examinations, and handling actions by competent state agencies regarding their responsibilities for managing and maintaining inland waterway works;

6. Responsibilities of project investors, construction contractors for new investment projects, renovation, upgrading, expansion, and repair of inland waterway works in the maintenance of sections under construction and operation:

a) Throughout the project implementation period, investors and construction contractors have the responsibility to coordinate with inland waterway management agencies, owners, or managers/users of the works to implement maintenance measures and ensure traffic;

b) When the construction project is completed but not handed over, investors and construction contractors have the responsibility to establish plans and coordinate in implementing the maintenance of the works until they are handed over to management agencies, owners, or managers/users of the inland waterway works;

c) Upon completion and handover of the works, investors have the responsibility to hand over maintenance documentation and other necessary related documents to inland waterway management agencies, owners, or managers/users of the works as stipulated in Article 7 of this Circular;

d) Adhering to inspections, examinations, and handling actions by inland waterway management agencies and competent state agencies regarding the implementation of this Circular.

Article 12. Establishment, Approval, and Adjustment of Maintenance Plans for Inland Waterway Engineering Projects under the management of the Ministry of Transport

1. The Vietnam Inland Waterways Administration shall aggregate, establish plans and maintenance budgets for inland waterway engineering projects annually or maintenance plans during planning periods upon request from competent authorities and submit them to the Ministry of Transport for approval.

2. Maintenance plans for inland waterway engineering projects shall be based on the aggregation and assessment of data, reports, and proposals from grassroots units, accurately reflecting actual requirements and current conditions of the projects, and aligning with maintenance procedures according to regular maintenance tasks and periodic repair schedules.

3. Annual maintenance plans for inland waterway engineering projects shall include basic information such as the name of the project, the components of the project to be implemented; implementing unit, volume, and budget; implementation time; execution method, priority level. The maintenance plan shall follow Model Appendix 01 issued together with this Circular.

4. Contents of annual maintenance plans for inland waterway engineering projects include:

a) Regular maintenance of inland waterway engineering projects including: periodic and emergency route inspections, serving acceptance work; surveys and measurements of shallow areas and channels in complex zones; checks on navigation lights and signals; adjustments and movements of inland waterway navigation signals on land and underwater; maintenance of signaling, equipment, facilities, and service structures along operational inland waterway routes; traffic assurance monitoring, communication, and disaster prevention; water level monitoring, vessel traffic flow observation; updating relevant data on inland waterway engineering projects and other special tasks according to regular maintenance standards, economic and technical management and maintenance rates for inland waterways, and maintenance procedures; traffic regulation and control;

b) Periodic repairs of inland waterway engineering projects including: surveys for management and channel announcement services; dredging to ensure traffic in channels according to published technical levels; dredging and reinforcement of channel banks (if necessary) according to technical levels; harbor dock, revetment, and station repairs; clearance of obstructions in channels and protected areas; replacement and supplementation of signaling and signals; repairs, replacements, and additions of auxiliary components, equipment, accessories, and software applications for management, operation, and maintenance tasks;

c) Emergency repairs of inland waterway engineering projects including: repairs caused by natural disasters or other unexpected incidents;

d) Other works: list of projects ready for investment; establishment of economic and technical management and maintenance rates for inland waterways; preparation, adjustment of procedures and rates for management, operation, and maintenance of projects funded by state budget and put into operation; application of technology for management and maintenance of inland waterway engineering projects; monitoring and quality inspection of inland waterway engineering projects.

5. Procedures for establishing and approving annual maintenance plans for inland waterway engineering projects

a) Annually, based on the technical condition of the projects, information about their scale and structure, maintenance history, other information and data, technical standards, maintenance procedures, economic and technical rates, the Vietnam Inland Waterways Administration shall review, aggregate, establish plans and draft budgets for the next year's maintenance needs of inland waterway engineering projects and submit them to the Ministry of Transport before May 30 each year; simultaneously reviewing lists of projects and components ready for investment and submitting them to the Ministry of Transport before June 15 each year for consideration and approval;

b) The Ministry of Transport shall review and approve the next year's maintenance needs for projects before June 30 each year; aggregate the maintenance plans and budgets into the annual state budget revenue and expenditure plan of the Ministry of Transport and send it to the Ministry of Finance;

c) Based on the approved list of projects and components ready for investment by the Ministry of Transport, the Vietnam Inland Waterways Administration shall organize the establishment, review, and approval of project proposals or technical and economic reports of completed projects before November 1 each year;

d) On the basis of the Decision on State Budget Revenue and Expenditure Plan issued by the Ministry of Finance, the Ministry of Transport shall notify the State Budget Revenue and Expenditure Plan to the Vietnam Inland Waterways Administration and managers, operators, and users, including the budget allocated for maintaining inland waterway engineering projects;

đ) Based on the contents at point b and point c of this clause, the Vietnam Inland Waterways Administration shall organize the review of the list of projects and components and the required volume of work, establish maintenance plans and budgets (including the estimated budget for preparing investments for the following year), and submit them to the Ministry of Transport within 15 days from the date of receipt of the notification specified at point d of this clause;

e) The Ministry of Transport shall review and approve maintenance plans and budgets; aggregate and allocate state budget revenues and expenditures according to regulations.

6. In cases where it is necessary to adjust or supplement projects and components outside the approved maintenance plans for inland waterway engineering projects, the Vietnam Inland Waterways Administration shall submit to the Ministry of Transport for approval of the policy, supplementary list, and adjusted maintenance plan for submission to the Ministry of Transport for approval.

7. Maintenance needs during financial and budgetary planning periods shall be carried out in accordance with laws on the state budget.

Article 13. Implementation of inland waterway construction maintenance plan under the management of the Ministry of Transport

1. Implementation of the annual inland waterway construction maintenance plan: based on the approved annual inland waterway construction maintenance plan, the approved maintenance procedures, the Vietnam Inland Waterways Administration; units with delegated authority, authorized persons, or managers and operators of inland waterway constructions organize the implementation of the maintenance plan.

2. Inspection of the implementation of the inland waterway construction maintenance plan:

a) The Ministry of Transport shall establish and issue periodic or ad hoc inspection plans for the implementation of approved inland waterway construction maintenance plans and organize their implementation.

b) The Vietnam Inland Waterways Administration shall manage and inspect the implementation of approved maintenance plans of relevant units and compile, report periodically or ad hoc on the results of implementing the maintenance plan to the Ministry of Transport (quarterly before the 22nd day of the last month of each quarter; annually before January 15th of the following year).

c) The report must fully state the name of the construction, construction components; volume and budget; completion time; adjustments and occurrences compared to assigned plans; evaluation of results; proposals and recommendations during the implementation process. The report format is specified in Appendix 2 of this Circular.

Article 14. Establishment, approval, and organization of implementation of the inland waterway construction maintenance plan HAPPY Ministries, sectors, Provincial People's Committees and organizations, individuals managing

1. The owner of inland waterway construction or the person authorized to organize the establishment, approval, and implementation of regular, medium-term, and long-term inland waterway construction maintenance plans according to Article 39 of Decree No. 46/2015/NĐ-CP, the provisions of this Circular, and related laws.

2. The organization and implementation of inland waterway construction maintenance plans within the jurisdiction of provincial people's committees shall be carried out in accordance with the regulations of the provincial people's committee.

Article 15. Monitoring of inland waterway construction for maintenance work

1. Compulsory monitoring of inland waterway construction and its components includes:

a) Construction with special grade and grade I;

b) Construction and components of road construction showing signs of settlement, cracking, tilting, and other abnormal conditions that may cause collapse and loss of safety during operation;

c) As required by the project investor, owner, or user manager of the construction;

2. The contents of monitoring for constructions stipulated in Clause 1 of this Article are specified in the inland waterway construction maintenance procedures including: monitoring locations, monitoring parameters, and limit values of these parameters (e.g., tilt deformation, settlement, cracking, sagging,...), monitoring time, number of measurement cycles, and other necessary contents.

3. General requirements for monitoring inland waterway construction during operation and use:

a) The monitoring contractor shall develop a monitoring plan consistent with the contents stipulated in Clause 2 of this Article; specifying the measurement method, measuring equipment, layout and structure of monitoring points, implementation organization, data processing method, and other necessary contents;

b) The monitoring contractor must carry out monitoring according to the approved monitoring plan and report the monitoring results to the responsible maintenance personnel. Measured data must be compared and evaluated against the limit values set by the construction design contractor or relevant technical standards and specifications.

If the measured data stipulated in Clause 2 of this Article exceeds the permissible limit value or shows other abnormal signs, the responsible maintenance personnel must organize an assessment of the load-bearing safety and operational safety of the construction during operation and use, and take timely measures.

Article 16. Quality management of inland waterway construction maintenance work

1. The owner or manager/user of inland waterway construction is responsible for quality management of inland waterway construction maintenance work according to Article 41 of Decree No. 46/2015/NĐ-CP.

2. Regular maintenance quality management is carried out according to the regular maintenance standards for inland waterways and the regulations of the Minister of Transport regarding supervision and acceptance based on quantity or quality of work performed.

3. Periodic and emergency repair quality management is carried out according to the legal regulations on quality management and construction maintenance and related laws.

Article 17. Maintenance of inland waterway construction currently in operation but without a maintenance procedure

For inland waterway construction currently in operation but without a maintenance procedure, the owner or manager/user of the construction shall perform the following tasks:

1. Survey, inspect, and evaluate the current condition of the construction; organize quality testing if deemed necessary to serve as a basis for establishing the maintenance procedure.

2. Organize the establishment of the maintenance procedure according to Article 6 of this Circular.

3. Within the period before issuing a specific maintenance procedure for the construction, the owner or manager/user of the construction may apply technical standards or procedures of similar constructions/components suitable for maintaining the construction until a specific maintenance procedure for the managed construction is issued. If necessary, consulting services can be hired to assess suitability before applying technical standards or procedures of similar constructions/components.

Article 18. Regulations on handling inland waterway construction at the end of its service life requiring continued use

1. For inland waterway construction at the end of its service life, the inland waterway administration agency, owner, or manager/user of the construction shall implement according to Clause 1 of Article 45 of Decree No. 46/2015/NĐ-CP.

2. The decision on the extension period for the continued use of inland waterway works shall be based on the technical condition, specific usage requirements, type, and grade of the work. The responsibility for notification and authority to handle works that have exceeded their usage period but require continued use shall be carried out in accordance with the provisions of Clause 2, Article 45 of Decree No. 46/2015/NĐ-CP.

3. Cases where works that have exceeded their usage period will not continue to be used and the demolition when works will not continue to be used shall be implemented in accordance with the provisions of Clauses 4 and 5, Article 45 of Decree No. 46/2015/NĐ-CP.

Article 19. Handling of inland waterway works showing dangerous signs, not ensuring safety for exploitation and use Inland waterway works showing dangerous signs, not ensuring safety for exploitation and use

1. The inland waterway management agency, the owner or the manager/user of the work shall be responsible for:

a) Implementing the provisions stipulated in Clause 1, Article 44 of Decree No. 46/2015/NĐ-CP. For inland waterway works under the management of the Ministry of Transport, in addition to reporting to the nearest local government, they must also immediately report to the Ministry of Transport and the Vietnam Inland Waterways Administration;

b) Cooperating with the local government to carry out the tasks specified in Clause 2, Article 44 of Decree No. 46/2015/NĐ-CP.

2. Any individual or organization has the right to notify the owner or the manager/user of the work, the state management agency, or mass media when discovering parts of the work or inland waterway works experiencing accidents or showing dangerous signs, not ensuring safety for exploitation and use, so that timely handling can be carried out.

Article 20. Reporting, inspecting the implementation of maintenance of worksinspect the implementation of maintenance of the works

1. Reporting on the implementation of work maintenance

a) The Vietnam Inland Waterways Administration reports on the implementation of the maintenance plan and the safety of national inland waterway works in accordance with the provisions of Clause 2, Article 13 of this Circular;

b) The Department of Transport reports on the implementation of the maintenance plan and the safety of provincial inland waterway works to the People's Committee of the province;

c) By the latest on December 31 each year, the Department of Transport, the owner, or the person authorized (for specialized inland waterways) shall report annually to the Vietnam Inland Waterways Administration and the Ministry of Transport on the implementation of inland waterway work maintenance; the safety of inland waterway works when accidents occur that may cause disasters in accordance with the laws on construction project quality management. The report form is prescribed in Appendix 2 of this Circular.

2. Inspecting the implementation of work maintenance: The Vietnam Inland Waterways Administration, the Department of Transport, the owner, or the person authorized shall inspect the implementation of maintenance in accordance with Articles 13, 17, and 19 of this Circular; other contents related to the implementation of inland waterway work maintenance of this Circular and in accordance with the laws.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effectiveness

This Circular takes effect from March 1, 2019, and replaces Circular No. 17/2013/TT-BGTVT dated August 5, 2013, issued by the Minister of Transport on the management and maintenance of inland waterway works.

Article  22Implementation Organization

The Director of the Office of the Ministry, the Director of the Inspectorate of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Directors of the Departments of Transport of provinces and centrally governed cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.