Circular No. 05/2026/TT-BXD on the maintenance of maritime works and the frequency of marine information surveys

 CIRCULAR

Regulations on maintenance of maritime works and frequency of marine information surveys
and notifications

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to Decree No. 33/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Maritime Code of Vietnam regarding management of maritime activities;

Pursuant to Decree No. 34/2025/NĐ-CP dated February 25, 2025 of the Government amending and supplementing certain articles of decrees in the field of maritime affairs;

Pursuant to Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on quality management, construction, and maintenance of construction works;

Pursuant to Decree No. 35/2023/NĐ-CP dated June 20, 2023 of the Government amending and supplementing certain articles of decrees under the domain of state management of the Ministry of Construction;

Pursuant to Decree No. 175/2024/NĐ-CP dated December 30, 2024 of the Government detailing certain provisions and measures for implementation of the Construction Law on construction activity management;

At the proposal of the Director of the Infrastructure Construction Department, the Director of the Vietnam Maritime Administration and Inland Waterways Department;

The Minister of Construction issues this Circular regulating maintenance of maritime works and frequency of marine information surveys and notifications. 

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular regulates maintenance of maritime works and frequency of marine information surveys and notifications. For maritime works serving defense and security purposes, they shall be implemented according to regulations of the Ministry of National Defense and the Ministry of Public Security.

2. This Circular applies to agencies, organizations, and individuals related to maintenance of maritime works and frequency of marine information surveys and notifications.

Article 2. Definitions

1. Maritime works subject to maintenance under this Circular include: ports; wharfs; cargo transfer areas, anchorage areas, storm shelters, pilot reception zones; maritime channels (including turning areas associated with maritime channels); ship repair, construction, and demolition facilities; lighthouses (including lighthouse stations); buoys, navigational aids; vessel traffic services (VTS) systems; buoy and navigational aid management and operation stations; coastal protection works (wave barriers, sand barriers, flow direction revetments, shoreline protection revetments); the Vietnamese Coastal Information System; systems supporting management and maintenance of maritime works.

2. Maintenance of maritime works refers to a set of activities aimed at ensuring and maintaining normal operational and safe conditions of the works in accordance with design requirements throughout their exploitation and use. The content of maintenance of maritime works may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of the works; supplementation and replacement of work components and equipment, excluding activities that change the function or scale of the works.

Article 3. Procedure for Implementing Maintenance of Maritime Works

The procedure for implementing maintenance of maritime works is carried out in accordance with Article 30 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents on quality management, construction, and maintenance of construction works (hereinafter referred to as Decree No. 06/2021/NĐ-CP) and relevant laws.

Article 4. Process of Maintenance of Maritime Works

The process of maintenance of maritime works is carried out in accordance with Article 31 of Decree No. 06/2021/NĐ-CP and relevant laws.

Article 5. Implementation of Maintenance of Maritime Works

Maritime works must be maintained to ensure normal operation and safety of the works. The maintenance of maritime works is carried out in accordance with Article 33 of Decree No. 06/2021/NĐ-CP and relevant laws.

Article 6. Costs of Maintenance of Maritime Works

1. Costs of maintenance of maritime works are carried out in accordance with Article 35 of Decree No. 06/2021/NĐ-CP; Circular No. 14/2021/TT-BXD dated September 8, 2021 of the Minister of Construction guiding the determination of costs for maintenance of construction works and relevant laws.

2. Management and utilization of funds for maintenance of maritime works are carried out in accordance with the corresponding legal provisions based on the source of capital ensuring maintenance work for maritime works.

Chapter II
MAINTENANCE OF MARITIME WORKS

Article 7. Establishment, Approval, and Implementation of Annual Maintenance Plan for Maritime Works Managed by the Ministry of Construction

1. The Vietnam Maritime and Inland Waterway Administration shall be responsible for establishing the annual maintenance plan for maritime works.

2. The annual maintenance plan for maritime works shall be established according to Model No. 1A and Model No. 1B in Appendix I issued together with this Circular.

Contents of work in the maintenance plan for maritime works include: maintenance activities; regular repair activities; emergency repair activities; and other activities such as: establishment and adjustment of procedures and economic-technical norms for management, operation, and maintenance of state-budget-funded maritime works that have been put into operation; inspection; monitoring; safety assessment; establishment of economic-technical norms; application of technology for management and maintenance of maritime works; and other activities serving the maintenance of maritime works.

3. Procedure for Establishing and Approving the Annual Maintenance Plan for Maritime Works

The process of establishing and approving the annual maintenance plan includes two stages: the stage of establishing and approving the demand plan and the stage of establishing and approving the maintenance plan as follows:

a) Annually, based on the technical condition of the works, information about the scale and structure of the works, maintenance history, operational data, traffic density, vessel size and type, technical standards, maintenance procedures, economic-technical norms, the Vietnam Maritime and Inland Waterway Administration shall review, compile, establish the demand plan, and estimate the maintenance budget for the following year, and submit it to the Ministry of Construction through direct delivery, postal service, or electronic system before June 15 each year.

The dossier for submitting the demand plan and estimated maintenance budget includes: Report according to Model No. 1A and 1B in Appendix I along with an explanatory note on the demand plan for maintaining maritime works.

The Ministry of Construction shall review and approve the demand plan and estimated maintenance budget for maritime works for the following year before June 30; incorporate the demand and estimated maintenance budget for maritime works into the annual state budget revenue and expenditure plan of the Ministry of Construction, and send it to the Ministry of Finance before July 20 each year.

b) Based on the Decision on allocating the state budget revenue and expenditure plan by the competent authority, the Vietnam Maritime and Inland Waterway Administration shall organize the review of the list of works and necessary components, establish the maintenance plan and the maintenance budget estimate, and submit it to the Ministry of Construction within ten days from the date of receiving the notification of the state budget revenue and expenditure plan of the Ministry of Construction through direct delivery, postal service, or electronic system.

The dossier for submitting the maintenance plan includes: Report according to Model No. 1A and 1B in Appendix I along with an explanatory note on the maintenance plan for maritime works.

The Ministry of Construction shall organize the approval of the maintenance plan for maritime works within ten days from the date of receiving the complete and valid dossier; if not approved, a written response must be provided with clear reasons stated.

4. Adjustment and Supplement to the Maintenance Plan for Maritime Works

a) During the process of establishing, reviewing, and approving the design and budget for maintaining maritime works, depending on actual conditions, the Vietnam Maritime and Inland Waterway Administration may proactively adjust dredging standards, quantities, estimated budgets, or other necessary contents of the works and tasks under the maintenance plan, except for cases stipulated in point b of this clause but without increasing the total estimated budget in the approved maintenance plan for maritime works. The Vietnam Maritime and Inland Waterway Administration shall be responsible for compiling and submitting to the Ministry of Construction for adjusting the maintenance plan for maritime works before November 30 each year through direct delivery, postal service, or electronic system. The dossier for submitting the adjustment of the maintenance plan for maritime works includes: Report according to Model No. 1A and 1B in Appendix I along with an explanatory note on the adjustment of the maintenance plan for maritime works. The Ministry of Construction shall adjust the maintenance plan for maritime works within ten days from the date of receiving the complete and valid dossier; if not adjusted, a written response must be provided with clear reasons stated.

b) Cases where the Vietnam Maritime and Inland Waterway Administration reports to the Ministry of Construction for consideration and approval of adjustments and supplements to the maintenance plan: adjustment of implementation time; non-execution of works; addition of tasks outside the approved maintenance plan for maritime works; adjustment of the budget for maintaining shipping channels when the adjusted budget exceeds 20% of the approved budget; increase in the total estimated budget. The time and dossier for submitting the approval of the adjustment of the maintenance plan for maritime works shall comply with the provisions of point a of Clause 4 of this Article.

For maritime works that have been included as state capital components in enterprises, the enterprise entrusted with managing and using the works shall implement maintenance in accordance with laws on the management and use of state capital invested in production and business at enterprises, specialized maritime laws, and related laws.

5. For maritime works managed by units subordinate to the Vietnam Maritime and Inland Waterway Administration

a) The Vietnam Maritime and Inland Waterway Administration shall compile the demand and estimated maintenance budget for the following year for maritime works managed by units subordinate to the Vietnam Maritime and Inland Waterway Administration and report to the Ministry of Construction before June 15 each year.

b) Based on the Decision on allocating the state budget expenditure plan by the Ministry of Construction, units shall be responsible for organizing the annual maintenance in accordance with regulations.

c) The establishment, approval of the budget, and implementation of maintenance shall be carried out in accordance with current laws.

Article 8. Establishment, approval, and organization of implementation of maintenance plans for maritime works managed and used by other organizations and individuals

1. The owner or manager/user of the work shall establish, approve, and implement the maintenance of maritime works in accordance with Articles 31 and 32 of Decree No. 06/2021/NĐ-CP.

2. After approving the maintenance plan for maritime works in accordance with Clause 1 of this Article, the owner or manager/user of the work shall submit to the Vietnam Maritime Administration and Inland Waterways Department, the Regional Maritime Port Inspection Authority (or the Inland Waterways Port Inspection Authority under the Vietnam Maritime Administration and Inland Waterways Department where the work is located) the approved document and the maintenance plan for maritime works for the following year before December 17 of the preceding year for consolidation and monitoring.

Article 9. Monitoring of maritime works during operation and use

1. Maritime works that must be monitored during operation and use are specified in Appendix II of this Circular.

2. The monitoring of the works specified in Clause 1 of this Article is regulated in the maintenance procedure for maritime works and includes the following main contents:

a) Monitoring objects: the main load-bearing structures of the work.

b) Monitoring parameters such as tilting deformation, subsidence, cracking, sagging, etc., and the limit values of these parameters; monitoring time; measurement cycle, and other necessary contents.

3. General requirements for monitoring maritime works during operation and use:

a) The monitoring contractor shall prepare a monitoring outline in accordance with the contents stipulated in Clause 2 of this Article and submit it to the owner or manager/user of the work for approval.

b) The monitoring contractor shall carry out monitoring according to the approved monitoring outline. Monitoring data must be analyzed and evaluated; monitoring results must be compared with the allowable design values and relevant technical standards and specifications.

c) In case the monitoring data exceeds the allowable design values or shows abnormal signs, the owner or manager/user of the work must organize inspection, evaluate the cause, and take timely measures to address and handle the situation.

Article 10. Safety assessment of maritime works

1. The procedures and contents of safety assessment of maritime works are implemented in accordance with Articles 36 and 37 of Decree No. 06/2021/NĐ-CP.

2. Responsibilities for conducting and confirming the results of safety assessments of maritime works:

a) Responsibility for organizing the safety assessment of maritime works in accordance with Article 38 of Decree No. 06/2021/NĐ-CP.

b) Confirmation of the results of the safety assessment of maritime works is carried out in accordance with Article 39 of Decree No. 06/2021/NĐ-CP.

3. Time and frequency of safety assessment of works are defined as follows:

a) The period for safety assessment of works is carried out in accordance with the provisions of laws, technical regulations, and standards issued by competent state agencies; approved maintenance procedures, operational procedures of the works; requirements of the owner, manager/user of the works, or equipment manufacturer's regulations.

b) In cases where ports and wharves receive reduced-load vessels with technical parameters larger than those of vessels at the announcement decision:

The first safety assessment of the works shall be conducted after one year from the date of receiving the first reduced-load vessel with larger technical parameters than those of the vessel at the announcement decision or after receiving forty such vessels, whichever comes earlier.

Subsequent safety assessments of the works shall be conducted after three years or after receiving one hundred and twenty such vessels, whichever comes earlier, from the last safety assessment.

The port operator shall submit to the Regional Maritime Port Inspection Authority (or the Inland Waterways Port Inspection Authority under the Vietnam Maritime Administration and Inland Waterways Department where the work is located) the safety assessment results of the ports and wharves receiving reduced-load vessels with larger technical parameters than those of the vessel at the announcement decision for monitoring.

The port operator has the responsibility to proactively monitor the operating time and number of reduced-load vessels with larger technical parameters than those of the vessel at the announcement decision received and the technical condition of the works to develop a safety assessment plan for the ports and wharves to ensure completion before the deadline for safety assessment of the works stipulated in point b, Clause 3 of this Article. The Port Inspection Authority (or the Inland Waterways Port Inspection Authority assigned management) will only consider ports and wharves receiving reduced-load vessels with larger technical parameters than those of the vessel at the announcement decision when the enterprise completes the safety assessment of the ports and wharves meeting the conditions to continue receiving such vessels.

4. The list of works that must be reviewed and notified about the results of the safety assessment by the competent authority is specified in Appendix III of this Circular.

Article 11. Management of Quality of Marine Engineering Maintenance Work

The owner or the manager/user of the works shall be responsible for implementing the management of quality of marine engineering maintenance work in accordance with Article 34 of Decree No. 06/2021/NĐ-CP and other relevant laws.

Article 12. Inspection of Compliance with Regulations on Maintenance of Marine Engineering Works

The Vietnam Maritime Administration and Inland Waterways Bureau shall organize the development and issuance of annual, ad hoc inspection plans and conduct inspections to ensure compliance with regulations on maintenance of marine engineering works stipulated in Decree No. 06/2021/NĐ-CP and this Circular.

Article 13. Reporting on Implementation of Maintenance of Marine Engineering Works

1. The Vietnam Maritime Administration and Inland Waterways Bureau shall report to the Ministry of Construction the results of the implementation of the assigned maintenance plan for marine engineering works when requested.

2. Annually, before December 17, the owner or the manager/user of the works shall submit reports on the results of the implementation of maintenance of marine engineering works to the Vietnam Maritime Administration and Inland Waterways Bureau, the Port Maritime Service Area (or the Inland Waterway Port Service under the Vietnam Maritime Administration and Inland Waterways Bureau where the works are located) according to Model No. 2 specified in Appendix I of this Circular. The reporting data period runs from December 15 of the previous year to December 14 of the reporting year.

Chapter III
SURVEY OF NAVIGATION CHANNELS, WATER AREAS IN FRONT OF PORT PIER, PORT PIER, LOADING AND UNLOADING ZONES, ANCHORAGE ZONES, STORM REFUGE ZONES, PILOTAGE HANDOVER ZONES

Article 14. Scale of Charts, Survey Scope of Navigation Channels, Water Areas in Front of Port Pier, Port Pier, Loading and Unloading Zones, Anchorage Zones, Storm Refuge Zones, Pilotage Handover Zones

1. A scale of charts of 1:2,000 shall apply to surveys of navigation channels, anchorage zones, storm refuge zones, pilotage handover zones that require annual dredging maintenance or sedimentation exceeding 0.2 meters within twelve months, or navigation channels, anchorage zones, storm refuge zones, pilotage handover zones with frequently changing depths seasonally.

2. A scale of charts of 1:5,000 shall apply to surveys of navigation channels, anchorage zones, storm refuge zones, pilotage handover zones with relatively stable depths, requiring little maintenance dredging, and sedimentation not exceeding 0.2 meters within twelve months.

3. A scale of charts of 1:10,000 shall apply to surveys of navigation channels, anchorage zones, storm refuge zones, pilotage handover zones without significant sedimentation.

4. The scale of charts for surveys of water areas in front of port piers, port piers, loading and unloading zones shall be applied in accordance with current technical standards.

5. The survey scope of navigation channels and water areas in front of port piers, port piers, loading and unloading zones, anchorage zones, storm refuge zones, pilotage handover zones shall be applied in accordance with current technical standards.

Article 15. Frequency of Surveys for Navigational Publications of Navigation Channels, Anchorage Zones, Storm Refuge Zones, Pilotage Handover Zones

1. The frequency of surveys for navigational publications of navigation channels shall be determined based on a scoring method. The scoring scale is 100 points, specifically defined according to the criteria set out in Appendix IV attached to this Circular, with total scores as follows:

a) A survey frequency of twice per year for navigation channels with a total score of 85 points or higher.

b) A survey frequency of three times per year for navigation channels with a total score of 75 to 84 points.

c) A survey frequency of six times per year for navigation channels with a total score of 65 to 74 points.

d) A survey frequency of once per year for navigation channels with a total score of 55 to 64 points.

đ) A survey frequency of twice per year for navigation channels with a total score of 45 to 54 points.

e) A survey frequency of three times per year for navigation channels with a total score of 44 points or lower.

2. For sections of public navigation channels requiring emergency surveys due to natural disasters, floods, dangerous obstructions appearing, or expanded surveys to adjust routes, the Vietnam Maritime Administration and Inland Waterways Bureau shall determine the survey scope and chart scale for navigational publications based on actual conditions, scale, scope, and role of the navigation channel.

3. The frequency of surveys for navigational publications of dedicated navigation channels shall be determined according to this Circular as the minimum frequency. In areas with complex hydrological conditions or significant sedimentation, enterprises managing and operating the works shall be responsible for conducting surveys at a higher frequency to meet actual needs and ensure maritime safety during operation.

4. The frequency of surveys for navigational publications of anchorage zones, storm refuge zones, pilotage handover zones shall be determined based on a scoring method. The scoring scale is 100 points, specifically defined according to the criteria set out in Appendix V attached to this Circular, with total scores as follows:

a) A survey frequency of once per year for anchorage zones, storm refuge zones, pilotage handover zones with a total score of 85 points or higher.

b) A survey frequency of twice per year for anchorage zones, storm refuge zones, pilotage handover zones with a total score of 75 to 84 points.

c) A survey frequency of three times per year for anchorage zones, storm refuge zones, pilotage handover zones with a total score of 65 to 74 points.

d) A survey frequency of four times per year for anchorage zones, storm refuge zones, pilotage handover zones with a total score of 55 to 64 points.

đ) A survey frequency of five times per year for anchorage zones, storm refuge zones, pilotage handover zones with a total score of 54 points or lower.

5. For newly announced navigation channels, anchorage zones, storm refuge zones, pilotage handover zones, or those that have been dredged and improved, upgraded, surveys shall be conducted at a frequency of twice per year for the first three years, except in cases where the design documents require more frequent surveys to ensure safety and monitor sedimentation levels.

6. For navigation channels, anchorage zones, storm refuge zones, pilotage handover zones without significant siltation or negligible sedimentation, the Ministry of Construction shall determine the survey frequency for navigational publications based on actual conditions, scale, scope, and role of the navigation channels, anchorage zones, storm refuge zones, pilotage handover zones.

7. Every three years, the Ministry of Construction shall publish an updated list of periodic surveys for public navigation channels, anchorage zones, storm refuge zones, pilotage handover zones.

Within two months from the date this Circular takes effect, the Ministry of Construction shall publish the initial list of periodic surveys for public navigation channels, anchorage zones, storm refuge zones, pilotage handover zones.

8. Every three years, the Vietnam Maritime Administration and Inland Waterways Bureau shall publish an updated list of periodic surveys for dedicated navigation channels.

Within two months from the date this Circular takes effect, the Vietnam Maritime Administration and Inland Waterways Bureau shall publish the initial list of periodic surveys for dedicated navigation channels.

Article 16. Frequency of marine traffic surveys for waters before port berths, wharves, mooring buoys, and cargo transfer areas

1. The frequency of marine traffic surveys for waters before port berths, wharves, mooring buoys, and cargo transfer areas shall be determined based on a scoring method. The scoring scale is 100 points, specifically defined according to the criteria set out in Appendix VI attached hereto, with the total score as follows:

a) A survey frequency of once every year for waters before port berths, wharves, mooring buoys, and cargo transfer areas that achieve a total score of 80 points or more.

b) A survey frequency of once every two years for waters before port berths, wharves, mooring buoys, and cargo transfer areas that achieve a total score of between 65 and 79 points.

c) A survey frequency of once every three years for waters before port berths, wharves, mooring buoys, and cargo transfer areas that achieve a total score of 64 points or less.

2. For newly announced waters before port berths, wharves, mooring buoys, and cargo transfer areas, or after dredging and upgrading, surveys shall be conducted at a frequency of once every twelve months for the first three years, except where the design documents require a higher survey frequency to ensure safety and monitor sedimentation levels.

3. The frequency of marine traffic surveys for waters before port berths, wharves, mooring buoys, and cargo transfer areas as stipulated in this Circular is the minimum frequency. In cases where the hydrological conditions are complex or sedimentation is significant, the enterprise managing and operating the facility shall conduct surveys at a higher frequency to meet actual needs and ensure maritime safety during operation.

4. In cases where port berths, wharves, mooring buoys, and cargo transfer areas are temporarily suspended from operation, receiving vessels, or implementing dredging of waterways coinciding with the scheduled marine traffic announcement period, the Marine Port Authority (or the Inland Waterway Port Authority under the Vietnam Maritime Administration and Inland Waterway Department where the facility is located) shall base its decision to adjust the timing of the survey for the marine traffic announcement on the business plan of the enterprise, the actual depth of the waterway, and the waters before port berths, wharves, mooring buoys, and cargo transfer areas, but not exceeding twelve months from the mandatory survey date for the marine traffic announcement as prescribed.

5. Every three years, the Vietnam Maritime Administration and Inland Waterway Department shall publish an updated list of periodic surveys for waters before port berths, wharves, mooring buoys, and cargo transfer areas.

Within two months from the date this Circular takes effect, the Vietnam Maritime Administration and Inland Waterway Department shall publish the initial list of periodic surveys for waters before port berths, wharves, mooring buoys, and cargo transfer areas. 

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Transitional Provisions

Within twelve months from the date this Circular takes effect, port berths that have received oversized vessels with reduced drafts as specified in the announcement decision must conduct their first safety assessment in accordance with Clause 3, Article 10 of this Circular.

Article 18. Effective Date

1. This Circular takes effect from April 1, 2026.

2. This Circular replaces Circular No. 19/2022/TT-BGTVT dated July 26, 2022, issued by the Minister of Transport regarding the maintenance of maritime works.

3. Where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the provisions of the amended, supplemented, or replacement documents.