Circular number 02/VBHN-BGTVT stipulates on the organization and operation of Inland Waterway Port Services. The document applies to agencies, organizations, and individuals related to port and inland waterway wharf management. Notably, it defines the scope of management, tasks, and powers of the Port Service, as well as its organizational structure and specific operations.
Đối tượng áp dụng
Agencies, organizations, and individuals related to port and inland waterway wharf management; Vietnam Inland Waterways Administration, Departments of Transport of provinces/cities directly under the Central Government.
Các điểm cốt lõi
- The Inland Waterway Port Service has legal personality and is assigned the task of managing ports, wharfs, and anchorage areas.
- The scope of management of the Port Service includes national, specialized, local inland waterway ports, wharfs, and anchorage areas, as well as port waters.
- The main tasks of the Port Service include safety and security inspections, environmental protection; issuing permits for entry and exit from ports, wharfs, and anchorage areas; implementing channel and route management work; disaster prevention, search, and rescue operations.
- The organizational structure consists of specialized departments and Port Service representatives at offices or ports.
- The leadership system from Director to Deputy Directors is responsible under the law for the activities of the Port Service.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening the management of inland waterway traffic safety, environmental protection, and improving the efficiency of port and wharf operations.
- Negative impact: It may increase costs for transportation enterprises that must comply with new regulations.
❓ Câu hỏi thường gặp
What powers does the Inland Waterway Port Service have?
The Port Service has the power to inspect safety, security, and environmental protection; issue permits for entry and exit from ports, wharfs, and anchorage areas; implement channel and route management work; disaster prevention, search, and rescue operations.
What regulations must transportation enterprises comply with?
Enterprises must comply with regulations on safety, security, and environmental protection; implement channel and route management work; disaster prevention, search, and rescue operations.
What powers do Inland Waterway Port Services under Departments have?
Port Services under Departments are subject to the leadership of the Department Director and the professional management of the Vietnam Inland Waterways Administration, performing management functions at ports, wharfs, and anchorage areas as prescribed.
How is the reorganization of specialized departments carried out?
The Director of the Vietnam Inland Waterways Administration decides on the reorganization of departments to be appropriate after obtaining approval from the Ministry of Transport or the Department submitting to the People's Committee of the province or city directly under the Central Government.
When does this circular take effect?
Circular number 02/VBHN-BGTVT takes effect from February 15, 2025.
Toàn văn
|
| SOCIALIST REPUBLIC OF VIET NAM
|
CIRCULAR
Provisions on the organization and operation of inland waterway port services
Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, stipulates the organization and operation of inland waterway port services, which took effect from November 1, 2021, has been amended and supplemented by:
Circular No. 61/2024/TT-BGTVT dated December 19, 2024, issued by the Minister of Transport, amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, regarding the organization and operation of inland waterway port services, which took effect from February 15, 2025.
Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;
Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government, stipulating the management of inland waterway traffic activities;
Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Inland Waterway Administration;
The Minister of Transport promulgates this Circular stipulating the organization and operation of inland waterway port services[1].
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
1. This Circular stipulates the organization, operation, and scope of operation of inland waterway port services.
2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of inland waterway port services.
Article 2. Position and Functions [2]
1. An inland waterway port service is an agency implementing specialized state management functions for inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on routes and lines when assigned by the Minister of Transport to ensure compliance with legal regulations on inland waterway traffic order and safety and environmental protection.
2. An inland waterway port service has legal personality, has its own office, uses its own seal, and opens accounts at the State Treasury and commercial banks in accordance with regulations.
Article 3. Scope of Management
1. The scope of management of inland waterway port services directly under the Vietnam Inland Waterway Administration includes ports, wharfs (excluding passenger ferries), anchorage areas that have been announced and permitted to operate, specifically as follows:
a) Ports, wharfs, anchorage areas on national inland waterways;
b) Ports, wharfs, anchorage areas on dedicated inland waterways connecting to national inland waterways;
c) Ports, wharfs, anchorage areas with land and water areas both on national inland waterways and local inland waterways;
d)[3] Ports, wharfs, anchorage areas within the waters of seaports assigned by the Ministry of Transport.
đ)[4] (Repealed)
2.[5] The scope of management of inland waterway port services directly under the Department of Transport of the People's Committee of provinces and centrally-administered cities (hereinafter referred to as Departments) includes ports, wharfs (excluding passenger ferries), anchorage areas that have been announced and permitted to operate, specifically as follows:
a) Ports, wharfs, anchorage areas on local inland waterways;
b) Ports, wharfs, anchorage areas on dedicated inland waterways connecting to local inland waterways;
c) Ports, wharfs, anchorage areas within the waters of seaports within the administrative boundaries of the locality assigned by the Ministry of Transport;
d) Ports, wharfs, anchorage areas as specified in Clause 1 of this Article assigned by the Minister of Transport according to regulations.
Article 4. Tasks and Powers
1. Prescribing anchoring locations for inland waterway vessels (hereinafter referred to as vessels), ships, seaplanes, foreign inland waterway vessels in port, wharf, and anchorage area waters.
2.[6] Inspecting the implementation of legal regulations within the scope of ports, wharfs, and anchorage areas concerning: safety, security, and environmental protection for vessels, ships, seaplanes, foreign inland waterway vessels; certificates of professional competence, professional certificates of crew members and vessel operators; equipment for loading and unloading goods, certificates and certificates of persons operating such equipment in accordance with regulations.
3.[7] Issuing permits or orders to dispatch vessels, ships, seaplanes, foreign inland waterway vessels entering and leaving ports, wharfs, and anchorage areas in accordance with regulations. Not allowing vessels, ships, seaplanes, foreign inland waterway vessels to enter or leave ports, wharfs, and anchorage areas if they do not meet safety, security, and environmental protection conditions or if the ports, wharfs, and anchorage areas do not meet operational conditions prescribed by law.
4.[8] Implementing navigation route management tasks as assigned by the Minister of Transport; announcing the status of navigation routes to vessels, ships, seaplanes, and foreign inland waterway vessels.
5. Promoting, disseminating, and guiding the implementation of legal regulations on inland waterway transport.
6. Implementing traffic safety assurance work:
a) Taking the lead and coordinating with other state management agencies to implement traffic safety assurance work in port, wharf, and anchorage areas;
b) Inspecting safety conditions for ports, wharfs, anchorage areas, dedicated routes to ports, wharfs, signaling, and other related works within the scope of ports, wharfs, and anchorage areas;
c) Promptly notifying relevant organizations and individuals responsible for handling when signs of safety loss are detected;
d) Confirming the resolution of accidents or risks causing safety loss in ports, wharfs, and anchorage areas that have been eliminated.
7. Announcing traffic restrictions in port, wharf, and anchorage area waters; negotiating dredging and improvement activities in port, wharf, and anchorage area waters; approving safety assurance plans for repair, improvement, upgrading, and other activities in port, wharf, and anchorage area waters within the scope of management.
8. Implementing disaster prevention and control work; taking the lead or coordinating to organize search and rescue operations in port, wharf, and anchorage area waters within their authority and in accordance with legal regulations; mobilizing forces, means, ships, public service vessels, and other types of means in the port, wharf, and anchorage area to participate in search and rescue operations in emergency situations as prescribed.
9. Inspect and supervise the implementation of oil spill response plans at ports, wharfs, anchorage areas, and vessels, sea ships, seaplanes, and foreign inland waterway vessels as prescribed.
10. Review files and report the results of such reviews to the Vietnam Inland Waterways Administration for approval of security assessments, security plans, and issuance of security compliance certificates for inland waterway ports receiving foreign inland waterway vessels, and annual confirmation of security compliance certificates for inland waterway ports.
11. Monitor and oversee the loading of goods from vessels, sea ships, foreign inland waterway vessels onto ports and wharfs, and unloading from ports and wharfs to vessels, sea ships, foreign inland waterway vessels, or between vessels, sea ships, foreign inland waterway vessels within port and wharf waters.
12.[9] Confirm inland waterway navigation reports in accordance with the law; implement decisions of competent authorities regarding the arrest or release of sea ships that are under arrest as prescribed.
13.[10] Inspect and supervise the implementation of laws and regulations on inland waterway traffic by organizations and individuals within their jurisdiction; receive citizens, handle complaints, denunciations, reflections, and suggestions from organizations and citizens; prevent and combat corruption, waste, thrift practices, and wastefulness; impose administrative penalties; collect fees and charges as prescribed by law.
14. Participate in drafting records and conclusions on the causes of accidents and incidents occurring in port and wharf waters; require relevant parties to remedy the consequences of accidents and incidents.
15. Update information on ports, wharfs, anchorage areas, vessels, sea ships, seaplanes, foreign inland waterway vessels, cargo, passengers, administrative penalty enforcement into the database of the Vietnam Inland Waterways Administration.
16. Participate in drafting normative legal documents, planning for inland waterway infrastructure, standards for ports, wharfs, and anchorage areas when required.
17. Develop annual activity plans to be submitted for direct approval by superiors and organize their implementation.
18. Manage and utilize civil servants, officials, workers, facilities, assets, and finances assigned; implement policies, statistics, and reporting according to the分级限制词汇，请忽略此提示。
19. Perform other tasks assigned by the Director of the Vietnam Inland Waterways Administration or the Department Director.
Chapter III. ORGANIZATION OF THE INLAND WATERWAY PORT AUTHORITY
Article 5. Organizational System
1. The Inland Waterway Port Authority under the Vietnam Inland Waterways Administration shall be organized by regions as decided by the Minister of Transport upon the proposal of the Director of the Vietnam Inland Waterways Administration for establishment, restructuring, or dissolution.
2. The Inland Waterway Port Authority under the Department shall be established, restructured, or dissolved as decided by the People's Committee of the province or centrally governed city upon the proposal of the Department Director.
Article 6. Principles of Operation
1. The organization and operation of the Inland Waterway Port Authority must comply with the provisions of the Law on Inland Waterway Traffic, this Circular, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.
2. The Inland Waterway Port Authority under the Vietnam Inland Waterways Administration is directly led by the Director of the Vietnam Inland Waterways Administration.
3. The Inland Waterway Port Authority under the Department is directly led by the Department Director; it is guided, inspected, and professionally managed by the Vietnam Inland Waterways Administration.
组织结构（第1-13条）
领导和管理职位（第14-18条）
通函生效及其他规定（第19-22条）
b)[11] 通函发布依据（第23-28条）
c)[12] Safety Department;
d)[13] Infrastructure Management Department.
In cases where the number of specialized departments is less than the number specified in this Clause, the Director of the Vietnam Inland Waterway Administration shall decide on reorganizing the departments to be appropriate (for inland waterway port offices under the Vietnam Inland Waterway Administration) after obtaining approval from the Ministry of Transport or the Department submitting to the People's Committee of the province or centrally governed city for decision within their jurisdiction (for inland waterway port offices under the Department).
2.[14] Representative of the Inland Waterway Port Office
The Inland Waterway Port Office may have one or more Representatives of the Inland Waterway Port Office.
The Representative of the Inland Waterway Port Office is an equivalent department, performing specialized administrative functions at ports, wharfs, and anchorage areas as prescribed; it may use its own seal as prescribed.
The Director of the Inland Waterway Port Office is responsible for staffing the Representative of the Inland Waterway Port Office at offices or ports, wharfs, or on vessels to handle entry and exit procedures at ports, wharfs, and anchorage areas within the scope of management as prescribed.
The establishment, reorganization, and dissolution of the Representative of the Inland Waterway Port Office shall be carried out in accordance with the regulations.
3.[15] The Director of the Inland Waterway Port Office shall define the functions, tasks, and authorities of the specialized departments; and define the functions, tasks, authorities, and scope of management of the Representative of the Inland Waterway Port Office in accordance with the regulations.
Article 8. Leadership and Management Positions
1. The Inland Waterway Port Office has a Director who is the head, accountable to the Director of the Vietnam Inland Waterway Administration or the Department Director and the law for all activities of the Inland Waterway Port Office. The Deputy Directors assist the Director and are accountable to the Director and the law for the tasks assigned by the Director.
2. Appointment and removal of leadership and management positions at Inland Waterway Port Offices under the Vietnam Inland Waterway Administration: The Director is appointed and removed by the Director of the Vietnam Inland Waterway Administration; Deputy Directors and Chief Accountants are appointed and removed by the Director of the Vietnam Inland Waterway Administration upon the recommendation of the Director. The appointment and removal of other positions in the Inland Waterway Port Office are carried out according to the分级任务如下：
3. Appointing and relieving leadership and management positions at inland waterway transport offices under provincial departments: the appointment and relief of leadership and management positions at inland waterway transport offices under provincial departments shall be carried out according to the分级管理权限内的领导和管理职位的任命和免职：直属省部门的内河航道办事处的领导和管理职位的任命和免职应按照省级和中央直辖市的领导和管理职位分级管理权限执行。
Chapter IV. IMPLEMENTING PROVISIONS[16]
Article 9. Effective Date
1. This Circular takes effect from November 1, 2021.
2. Abolish Circular No. 83/2015/TT-BGTVT dated December 30, 2015, issued by the Minister of Transport on the organization and operation of inland waterway transport offices.
Article 10. Transitional Provisions
For ports and wharfs within the port waters where inland waterway transport offices are currently performing specialized management functions, they shall continue to perform such functions until December 31, 2023. From January 1, 2024, the specialized management functions at ports, wharfs, and anchorage areas within port waters shall be implemented in accordance with the provisions of Government Decree No. 08/2021/NĐ-CP dated January 28, 2021, on the management of inland waterway transport activities, this Circular, and relevant laws.
Article 11. Responsibility for Implementation
1. The Vietnam Inland Waterways Administration shall be responsible for monitoring and inspecting the implementation of this Circular.
2. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Director of the Vietnam Maritime Administration, the Directors of Provincial Departments, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Circular./.
| MINISTRY OF TRANSPORTATION Number: 02/VBHN-BGTVT
| CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, January 10, 2025
DEPUTY MINISTER |
[1] Circular No. 61/2024/TT-BGTVT amending and supplementing certain articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway transport offices is based on the following grounds:
"Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Transport dated June 17, 2014;
Pursuant to Government Decree No. 08/2021/NĐ-CP dated January 28, 2021, on the management of inland waterway transport activities; Government Decree No. 54/2022/NĐ-CP dated August 22, 2022, amending and supplementing certain articles of Government Decree No. 78/2016/NĐ-CP dated July 1, 2016, on conditions for operating training services for seafarers and inland waterway vessel operators, and Government Decree No. 08/2021/NĐ-CP dated January 28, 2021, on the management of inland waterway transport activities; Government Decree No. 06/2024/NĐ-CP dated January 25, 2024, amending and supplementing certain articles of Government Decree No. 08/2021/NĐ-CP dated January 28, 2021, on the management of inland waterway transport activities;
BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;
At the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Inland Waterway Administration;
The Minister of Transport issues this Circular amending and supplementing certain articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway transport offices.”
[2] This is amended and supplemented pursuant to Clause 1, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[3] This point is amended and supplemented pursuant to Point a, Clause 2, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[4] This point is repealed pursuant to Article 2 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[5] This clause is amended and supplemented pursuant to Point b, Clause 2, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[6] This clause is amended and supplemented pursuant to Point a, Clause 3, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[7] This clause is amended and supplemented pursuant to Point a, Clause 3, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[8] This clause is amended and supplemented pursuant to Point a, Clause 3, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[9] This clause is amended and supplemented pursuant to Point b, Clause 3, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[10] This clause is amended and supplemented pursuant to Point b, Clause 3, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[11] This point is amended and supplemented pursuant to Point a, Clause 4, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[1This point is amended and supplemented pursuant to Point a, Clause 4, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[13] This point is amended and supplemented pursuant to Point a, Clause 4, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[14] This clause is amended and supplemented pursuant to Point b, Clause 4, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[15] This clause is amended and supplemented pursuant to Point c, Clause 4, Article 1 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services, which takes effect from February 15, 2025.
[16] Article 3 of Circular No. 61/2024/TT-BGTVT amending and supplementing certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport regarding the organization and operation of Inland Waterway Transport Inspection Units, shall take effect from February 15, 2025, and is hereby stipulated as follows:
“Article 3. Implementation Provisions
1. This Circular takes effect from February 15, 2025.
2. The Heads of the Ministry's Office, the Inspector General of the Ministry, the Directors of Departments, the Directors of the Vietnam Inland Waterway Transport Administration, the Directors of the Vietnam Maritime Administration, the Directors of Provincial Departments of Transport, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./."
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