Circular No. 03/2025/TT-BGTVT amending and supplementing certain articles of Circular No. 19/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on the organization and operation of Maritime Port Control Units

CIRCULAR

Amending and supplementing some articles of Circular No. 19/2021/TT-BGTVT
dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Maritime Port Control Units
regarding the organization and operation of the Maritime Port Authority

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Pursuant to the Vietnam Maritime Code on November 25, 2015;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

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;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing some articles of Decree No. 123/2016/NĐ-CP;

At the proposal of the Director of the Personnel Department and the Director General of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular amending and supplementing some articles of Circular No. 19/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Maritime Port Control Units.

Article 1. Amending and supplementing some articles of Circular No. 19/2021/TT-BGTVT dated September 14, 2021 issued by the Minister of Transport on the organization and operation of Maritime Port Control Units

1. Amending and supplementing Clause 1 and Clause 2 of Article 3 as follows:

"1. The Maritime Port Control Unit is an administrative organization equivalent to a branch under the Vietnam Maritime Administration, performing state management tasks related to maritime activities at seaports and the assigned areas.

2. The Maritime Port Control Unit has legal personality, has its own office, uses its own seal, and opens accounts at the State Treasury and commercial banks (if necessary) in accordance with regulations."

2. Supplement Article 3a following Article 3 as follows:

"Article 3a. Scope of State Management of the Maritime Port Control Unit

The scope of state management of the Maritime Port Control Unit shall be as prescribed by the Minister of Transport regarding the announcement of port waters, maritime zones, and the management area of the Maritime Port Control Unit (excluding inland waterway ports, wharfs, anchorage areas within port waters that have been assigned by the Ministry of Transport to the Inland Waterway Port Control Unit under the Vietnam Inland Waterway Administration or delegated to the Inland Waterway Port Control Unit under the Provincial Department of Transport or other units entrusted by the People's Committee of the province to manage in localities without an Inland Waterway Port Control Unit under the Provincial Department of Transport)."

3. Amending and supplementing some points and clauses of Article 4 as follows:

a) Amending and supplementing Point c and Point d of Clause 1 as follows:

"c) Participate in drafting or propose the Vietnam Maritime Administration to draft and submit to the competent authority for the promulgation of national standards and issuance of national technical regulations and economic-technical norms in the maritime sector;

d) Promote, disseminate, and organize the implementation of current regulations relevant to the maritime sector, international treaties on maritime affairs to which the Socialist Republic of Vietnam is a member; strategies, plans, programs, projects, proposals, standards, technical regulations, and economic-technical norms in the maritime sector issued, announced, or approved by authorized authorities;"

b) Amending and supplementing Point b Clause 2 as follows:

"b) Issue permits, supervise vessels arriving at, departing from, and operating at seaports and the managed areas; not allowing vessels to arrive at, depart from, or operate at seaports and the managed areas if they do not meet the conditions for maritime safety, maritime security, maritime labor, fire prevention, and environmental pollution prevention according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member;"

c) Amending and supplementing Point d and Point đ of Clause 4 as follows:

"d) Approve and organize the supervision of the implementation of maritime safety assurance plans in port waters according to regulations;

đ) Participate in providing opinions on issuing permits for aquaculture in port waters according to regulations;"

d) Amending and supplementing Point h and Point i of Clause 4 as follows:

"h) Approve the establishment of maritime signals, put maritime signals into use according to regulations; inspect and supervise channels, maritime signal systems, and other maritime support systems;

i) Take the lead in coordinating maritime traffic operations at seaports and managed areas and take the lead in coordinating search and rescue operations in port waters; mobilize people and necessary means to carry out search and rescue or handle environmental pollution incidents;"

đ) Supplementing Point n after Point m of Clause 4 as follows:

"n) Participate in building and implementing programs, plans, and tasks related to climate change, green port development, green ships, and greenhouse gas emissions reduction, energy transition, and efficient energy use in the maritime sector;"

e) Amend and supplement Clause 7 as follows:

"7. Handle citizen reception, complaints, reports, and suggestions from organizations and citizens; implement anti-corruption, thrift, and waste prevention measures; impose administrative penalties and organize the implementation of administrative penalty decisions according to their authority;"

4. Amending and supplementing some points and clauses of Article 5 as follows:

a) Amend and supplement Point c Clause 1 as follows:

"c) Infrastructure Management Office;"

b) Amend and supplement Clause 2 as follows:

"2. Representatives of the Maritime Port Control Unit

The Maritime Port Control Unit may have one or more Representatives of the Maritime Port Control Unit. The Representative of the Maritime Port Control Unit is an organization equivalent to a department under a branch, performing specialized state management tasks in port waters and managed areas assigned by the Director of the Maritime Port Control Unit; it can use its own seal according to regulations.

The establishment, reorganization, and dissolution of the Representative of the Maritime Port Control Unit shall be carried out according to regulations."

c) Amending and supplementing Clause 3 as follows:

"3. In cases where the number of offices of the Maritime Port Control Unit is less than the number specified in Clause 1 of this Article, the Director General of the Vietnam Maritime Administration decides on the reorganization and adjustment of office names to ensure consistency with functions, tasks, and legal provisions after obtaining approval from the Ministry of Transport."

d) Amending and supplementing Clause 4 as follows:

"4. The Director of the Maritime Port Control Unit stipulates the functions, tasks, and powers of specialized professional offices; stipulates the functions, tasks, powers, and management scope of the Representative of the Maritime Port Control Unit according to regulations."

Article 2. Abolish Point d Clause 1 Article 5 Circular No. 19/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport regarding the organization and operation of Marine Port Control Units.

Article 3. Implementation Provisions

This Circular takes effect from March 1, 2025./.