Decision No. 07/2005/QD-BGTVT Issuing the Regulation on Management of Port and Inland Waterway Wharf Operations

DECISION OF THE MINISTER OF TRANSPORT

Issuing Regulations on Management of Inland Waterway Port and Wharf Activities

THE MINISTER OF TRANSPORTATION

BASED ON THE INLAND WATERWAY TRAFFIC LAW dated June 15, 2004;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Continue to implement the exchange of Certificates of Registration for inland waterway vessels issued under Decision No. 2056/QĐ-PC dated June 8, 1996 of the Minister of Transport until December 31, 2006.

DECISION:

Article 1. These Regulations are promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace the following legal documents:

1. Decision No. 2046/QD-PC dated August 6, 1996 of the Minister of Transport issuing the Rules on Management of Inland Waterway Ports and Wharfs;

2. Decision No. 3809/1999/QD-BGTVT dated December 30, 1999 of the Minister of Transport amending certain provisions of the Rules on Management of Inland Waterway Ports and Wharfs issued pursuant to Decision No. 2046/QD-PC;

3. Decision No. 1211/1999/QD-BGTVT dated May 20, 1999 of the Minister of Transport on Management of River Passenger Wharfs.

Article 3. The Vietnam Inland Waterways Administration shall organize and supervise the implementation of this Decision.

Article 4. The Director of the Office, the Inspector General, the Heads of the Legal Affairs Department, the Transport Department, the Vietnam Inland Waterways Administration, the Directors of Provincial Departments of Transport and Public Works, and the Heads of relevant agencies, organizations, and individuals shall be responsible for implementing this Decision.

 

 

REGULATIONS
Management of Inland Waterway Port and Wharf Activities
(Issued together with Decision No. 07/2005/QD-BGTVT dated January 7, 2005

of the Minister of Transport)

PART I
General Provisions

Article 1. Scope of application

These regulations govern the management of inland waterway port and wharf activities and the operation of inland waterway vessels within the waters of ports and wharfs.

Inland waterway ports and wharfs include cargo ports and wharfs, passenger ports and wharfs, and river passenger wharfs.

Article 2. Applicability

These regulations apply to organizations and individuals investing in, managing, operating ports and wharfs; using inland waterway vessels or engaging in other activities related to ports and wharfs, except for ports and wharfs serving national defense and security purposes, fish ports and wharfs, and ferry wharfs.

Article 3. Definitions

In this Regulation, the following terms shall be understood as follows:

1. Cargo port and wharf is an inland waterway port and wharf specialized in loading and unloading goods and materials and providing other services (if applicable).

2. Passenger port and wharf is an inland waterway port and wharf specialized in boarding and disembarking passengers from passenger-carrying vessels and providing other services (if applicable).

3. River passenger wharf is an inland waterway wharf specialized in river passenger transport.
4. Port access channel is the channel connecting the main navigation channel to the waters in front of the port or wharf.

5. Inland waterway port area includes the waters in front of the port, anchorage areas for vessels, port access channels, service areas, and cargo transfer areas (if applicable).

6. Inland waterway wharf area includes the waters in front of the wharf, anchorage areas for vessels, and wharf access channels (if applicable).

7. Inland waterway vessel refers to various types of inland waterway vessels, Vietnamese sea-going ships, and foreign inland waterway vessels and sea-going ships permitted to operate in Vietnam.
8. Foreign inland waterway vessel refers to inland waterway vessels and sea-going ships registered under foreign registration certificates.

9. Port and wharf owner is an organization or individual that invests in constructing inland waterway ports and wharfs or is entrusted by the investor to manage such ports and wharfs.

10. Port and wharf operator is an organization or individual that uses inland waterway ports and wharfs for business and operation.

11. Pilot station is the water area designated by the competent authority for foreign inland waterway vessels and Vietnamese sea-going ships to anchor and exchange pilots.

Article 4. Conditions for operation of cargo ports and terminals; passenger ports and terminals

1. For cargo ports and terminals:

a) Not located in areas prohibited from construction under the provisions of the law; consistent with the planning for the development of inland waterway transportation infrastructure; the location of the port and terminal must have stable topography and hydrology, and safe and convenient access for vessels;

b) The port and terminal waters shall not overlap with vessel navigation channels;
c) Port and wharf structures must meet safety standards; if present, the channel to the port and terminal must comply with technical channel standards as prescribed;

d) Inland waterway navigation signals must be installed as prescribed;

đ) Loading and unloading equipment, if present, must meet safety technical standards and be compatible with the structure of the port bridge or the load-bearing capacity of the wharf facility;

e) For specialized cargo ports and terminals handling dangerous goods, in addition to the conditions stipulated in points a, b, c, d, and đ of this clause, they must also comply with relevant laws governing dangerous goods;

g) Must be announced as a port or issued an Inland Waterway Terminal Operation Permit by the authority specified in Article 6 of this Regulation;

2. For passenger ports and terminals:

a) The conditions stipulated in points a, b, c, d, and g of Clause 1 of this Article;
b) Must have safe boarding bridges for passengers, waiting rooms, port and terminal regulations, and posted fare schedules;

Article 5. Conditions for operation of river passenger terminals

1. Not located in areas prohibited from construction under the provisions of the law; consistent with the planning for the development of inland waterway transportation infrastructure; the location of the terminal must have stable topography and hydrology, and safe and convenient access for vessels;

2. Must have safe boarding bridges for people and land-based traffic vehicles, facilities for securing vessels, and lighting if operating at night. For river passenger terminals where passenger vessels are permitted to carry automobiles, the terminal structures must comply with ferry terminal technical standards;

3. Inland waterway navigation signals must be installed as prescribed;

4. Must have waiting rooms, internal regulations, and posted fare schedules;

5. Must be issued an Inland River Passenger Terminal Operation Permit by the authority specified in Article 6 of this Regulation;

Chapter II

Announcing inland waterway ports, issuing operation permits for inland waterway terminals

Announcing inland waterway ports, issuing operation permits for inland waterway terminals

Article 6. The competent authority announces inland waterway ports and issues Inland Waterway Terminal Operation Permits;

1. The Minister of Transport announces inland waterway ports and pilot station reception zones for cargo ports and passenger ports receiving foreign watercraft;

2. The Director of the Vietnam Inland Waterways Administration announces inland waterway ports and implements the issuance of Inland Waterway Terminal Operation Permits for national inland waterway cargo ports and passenger ports, and dedicated inland waterway ports connecting to national inland waterways;

3. Directors of Provincial Departments of Transport, Provincial Departments of Transport and Public Works:

a) Announce inland waterway ports and implement the issuance of Inland Waterway Terminal Operation Permits for local inland waterway cargo ports and passenger ports, and dedicated inland waterway ports connecting to local inland waterways;

b) Implement the issuance of Inland River Passenger Terminal Operation Permits for river passenger terminals within the administrative boundaries of provinces and centrally-administered cities;

4. In cases where an organization or individual invests in constructing multiple inland waterway ports and terminals on the same land under their own control, but which include both national and local inland waterway ports and terminals, the local inland waterway ports and terminals (excluding river passenger terminals) will also be announced or issued operation permits by the Vietnam Inland Waterways Administration;

Article 7. Procedures and formalities for announcing cargo ports and passenger ports

1. Investment preparation phase:

a) In addition to complying with investment construction procedures under the law, the investor must submit to the competent authority announcing the port a report on the investment and construction of the port, including: Proposed scale and location, purpose of use, scope of water area, port channel, largest type of watercraft allowed to dock, exploitation plan, pilot station reception zone (for ports receiving foreign watercraft);
b) Within fifteen working days from the date of receipt of the report as stipulated in point a of this clause, the competent authority announcing the port must review, and if the conditions stipulated in points a and b of Clause 1 of Article 4 of this Regulation are met, issue a written approval for the investor to proceed with investment construction procedures; if not approved, the reasons must be clearly stated;

For ports receiving foreign watercraft, the Ministry of Transport must seek opinions from the Ministry of National Defense and the Ministry of Public Security before responding to the investor;
2. Project implementation phase:

Before commencing construction of the port, the investor must submit to the competent authority announcing the port copies of the decision approving the technical design of the port project, the map of the port water area, and the design for the installation of navigation signals defining the port water area and the plan to ensure traffic safety during construction. Any changes to the approved contents during construction must be approved by the competent authority;

3. Procedures for announcing the port:

a) For ports not receiving foreign watercraft:

After completing the construction of the port, the investor submits the application file to the competent authority announcing the inland waterway port. The file includes:

- A request for announcement of the inland waterway port according to Model 1 of the Appendix to this Regulation;
- Copies of the decision on investment and construction of the port by the competent authority as prescribed by the investment law;

- Acceptance records for the completion of the port project, accompanied by completed drawings of the port bridge and wharf cross-sections and the map of the port water area;

- Copies of legal documents regarding land use rights;

- A confirmation letter from the inland waterway management unit verifying the completion of the installation of inland waterway navigation signals and the clearance of obstacles formed during the construction of the port (if applicable);

- Certificates of technical safety and environmental protection for vessels and registration certificates for floating buoys (if used).

- Documents related to conditions for loading and unloading dangerous goods as prescribed by law (if the port specializes in loading and unloading dangerous goods).

Within ten working days from the date of receiving complete files as prescribed, the competent authority shall announce the inland waterway port for examination if it meets the conditions stipulated in Clause 1 (except Point g) of Article 4 for cargo ports or if it meets the conditions stipulated in Clause 2 (except Point g of Clause 1) of Article 4 of this Regulation for passenger ports, then announce the inland waterway port according to Model No. 2 of the Appendix of this Regulation.

b) For ports receiving foreign inland waterway vessels:

The investor sends the file requesting the announcement of the inland waterway port to the Vietnam Inland Waterways Administration or the Department of Transport, Department of Transport Infrastructure.

The Vietnam Inland Waterways Administration or the Department of Transport, Department of Transport Infrastructure shall review the file and submit a document along with the file requesting the announcement of the inland waterway port to the Ministry of Transport.

At the latest within fifteen working days from the date of receipt of the file submitted by the Vietnam Inland Waterways Administration or the Department of Transport, Department of Transport Infrastructure, the Ministry of Transport shall examine and announce the inland waterway port.

c) In cases where a newly constructed port has completed part of its works and the investor needs to put it into use, they may request the competent authority to announce the completion of the works according to the procedures prescribed in Points a and b of this clause.

The competent authority announcing the inland waterway port bases on the characteristics of the scale of the works, the duration of land use, and the transportation planning to determine the validity period of the Decision announcing the inland waterway port.

Article 8. Procedures and formalities for issuing an Operating Permit for inland waterway wharfs for cargo wharfs and passenger wharfs

1. Organizations and individuals wishing to open cargo wharfs or passenger wharfs shall send to the competent authority an application for issuing an Operating Permit for inland waterway wharfs according to Model No. 3 of the Appendix of this Regulation. Within seven working days from the date of receipt of the application, the competent authority shall examine, if the conditions stipulated in Points a and b of Clause 1 of Article 4 of this Regulation are met, record approval in the application, return it to the organization or individual applying to open the wharf to proceed with relevant procedures as prescribed by law and reinforce the wharf; in case of non-approval, reply in writing stating the reasons.

2. After completing the work mentioned in Clause 1 of this Article, the organization or individual applying to open the wharf shall submit the file to the competent authority issuing the Operating Permit for inland waterway wharfs. The file includes:
a) An application for issuing an Operating Permit for inland waterway wharfs;

b) A copy of legal documents regarding land use rights;

c) A diagram of the water area of the wharf and the channel leading to the wharf (if applicable) confirmed by the inland waterway management unit regarding the completion of the installation of inland waterway navigation aids;

d) Certificates of technical safety and environmental protection of the vessel and registration certificates of the vessel for floating buoys (if using floating buoys);

đ) Documents related to conditions for loading and unloading dangerous goods as prescribed by law (if specializing in loading and unloading dangerous goods).

Within five working days from the date of receipt of complete files as prescribed, the licensing authority shall examine, if the conditions stipulated in Clause 1 (except Point g) of Article 4 are met for cargo wharfs or if the conditions stipulated in Clause 2 (except Point g of Clause 1) of Article 4 of this Regulation are met for passenger wharfs, issue an Operating Permit for inland waterway wharfs to the wharf owner according to Model No. 4 of the Appendix of this Regulation.

3. For wharfs with adjacent water areas (called a cluster of wharfs), organizations and individuals applying to open wharfs may agree in writing to appoint a representative to handle the application for issuing an Operating Permit for inland waterway wharfs for that cluster of wharfs according to the procedures and formalities prescribed in Clauses 1 and 2 of this Article based on one application for an Operating Permit for inland waterway wharfs, one diagram of the water area, and one system of navigation aids determining the common water area for the entire cluster of wharfs.
4. The competent authority shall base on the duration of land use, geological and hydrological characteristics, quality of wharf reinforcement works, and purpose of use (seasonal or permanent) to determine the validity period of the Operating Permit for inland waterway wharfs but not exceeding three years.

Article 9. Procedures and formalities for issuing an Operating Permit for inland waterway passenger ferries

1. Organizations and individuals wishing to open inland waterway passenger ferry wharfs shall submit to the competent authority a file including:

a) An application for issuing an Operating Permit for inland waterway passenger ferries, confirmed by the People's Committee of the commune, ward (hereinafter referred to as the People's Committee at the commune level) where the wharf is located according to Model No. 5 of the Appendix of this Regulation;

b) A document from the inland waterway management unit confirming the location of the wharf meeting the conditions stipulated in Clause 1 of Article 5 of this Regulation;

c) A design of the wharf construction project according to the technical grade standard for ferry wharfs, for wharfs with inland waterway transport vehicles permitted to carry automobiles.

At the latest within ten working days from the date of receipt of complete files as prescribed, the competent authority shall examine, if approved, record the approval in writing and send it to the organization or individual applying to open the wharf to proceed with relevant procedures as prescribed by law and construct and install safety equipment and navigation aid systems as prescribed.

2. After completion of construction, the owner of the inland waterway passenger ferry wharf may directly operate and exploit or lease to other organizations or individuals for operation and exploitation.

The operator of the inland waterway passenger ferry wharf must handle the application for the competent authority specified in Article 6 of this Regulation to issue an Operating Permit for inland waterway passenger ferries. The file includes:
a) A document from the inland waterway management unit confirming the completion of the installation of inland waterway navigation aids as prescribed;

b) A copy of legal documents regarding land use rights;

c) A copy of the Business Registration Certificate;

d) A copy of the Registration Certificate, Technical Safety and Environmental Protection Certificate of the inland waterway passenger transport vehicle;

đ) A copy of the qualification certificate of the person operating the inland waterway passenger transport vehicle;

e) A final acceptance report of the wharf construction project confirmed by the competent authority for investment and construction, for wharfs with inland waterway passenger transport vehicles permitted to carry automobiles;

g) A lease contract for the wharf (except in cases where the wharf operator is also the wharf owner).
Within five working days from the date of receiving complete files as prescribed in this Clause, the competent authority shall examine and, if the conditions stipulated in Clauses 1, 2, 3, and 4 of Article 5 of this Regulation are satisfied, issue the River Passenger Wharf Operation Permit to the wharf operator according to Model No. 6 in the Appendix of this Regulation.

3. The competent authority issuing the permit shall base on the land use period, geological and hydrological characteristics at the location of the wharf, quality of the wharf construction, and the term of the wharf lease contract (if it is a leased wharf) to determine the term of the River Passenger Wharf Operation Permit based on the proposal of the wharf operator.

Article 10. Procedures for re-publishing inland waterway ports and reissuing Inland Waterway Port Operation Permits

1. For cargo ports and wharfs; passenger ports and wharfs:

a) When the decision to publish an inland waterway port or the Inland Waterway Port Operation Permit expires, the port or wharf owner must submit a request for re-publication or reissue to the competent authority that previously published the port or issued the Inland Waterway Port Operation Permit. If the criteria specified in the Decision to Publish the Port or the Inland Waterway Port Operation Permit have not changed, the Request for Re-publication or Reissue must clearly state that the status of the port or wharf has not changed compared to the previous submitted file.

If there are changes in the aforementioned criteria, the Request for Re-publication or Reissue must clearly state the changes compared to the previously submitted file, accompanied by relevant documents regarding these changes (if any).

b) In cases where additional investment is made to improve capacity or to accommodate larger vessels, the port or wharf owner must follow the procedures stipulated in Article 7 or Article 8 of this Regulation for the additional construction.

c) In cases of splitting or merging ports or wharfs, the port or wharf owner must submit a request to the competent authority for re-publication of the inland waterway port or reissue of the Inland Waterway Port Operation Permit, accompanied by the following documents:

- Decisions or documents from the competent authority permitting the splitting or merging of inland waterway ports or wharfs;

- Documents specified in Clause 3 of Article 7 (for cargo ports or passenger ports) or Clauses 2 and 3 of Article 8 (for cargo wharfs or passenger wharfs) of this Regulation for the parts being split or merged.

d) In cases of transferring ownership, the port or wharf owner must submit a request to the competent authority for re-publication or reissue, accompanied by legal documents regarding the transfer of assets as prescribed by law.

Not later than ten working days from the date of receiving all documents as specified in Points a, b, c, and d of this Clause, the competent authority shall issue a decision for re-publication or reissue of the permit to the port or wharf owner. In case of rejection, a written response stating the reasons must be provided.

2. For river passenger wharfs:

The procedure for reissuing the River Passenger Wharf Operation Permit shall be carried out according to the provisions of Points a, b, c, and d of Clause 1 of this Article, and shall be implemented by the wharf operator. The Request for Reissuance of the River Passenger Wharf Operation Permit must be accompanied by confirmation from the People's Committee of the commune and relevant documents corresponding to each situation.
Not later than ten working days from the date of receiving all documents as specified in this Clause, the competent authority shall reissue the new permit to the wharf operator. In case of rejection, a written response stating the reasons must be provided.

Article 11. Decision to Close or Temporarily Suspend Operations of Inland Waterway Ports and Wharfs

1. The competent authority that has published the port or issued the Inland Waterway Port Operation Permit may issue a decision to close the inland waterway port or wharf (according to Model No. 7 in the Appendix of this Regulation) in any of the following circumstances:

a) Changes in topography and hydrology that do not ensure safety for the operation of the port or wharf;

b) The port or wharf owner ceases operations.

2. The competent authority that has published the port or issued the Inland Waterway Port Operation Permit may issue a decision to temporarily suspend operations of the inland waterway port or wharf (according to Model No. 8 in the Appendix of this Regulation) in any of the following circumstances:
a) The port or wharf facilities deteriorate and do not meet the safety conditions stipulated in Point c of Clause 1 of Article 4 (for cargo ports and wharfs) or Point c of Clause 1 and Point b of Clause 2 of Article 4 (for passenger ports and wharfs) or Clause 2 of Article 5 (for river passenger wharfs) of this Regulation;

b) The port or wharf operator engages in violations of traffic safety regulations and is suspended from operations under administrative violation handling laws.

Chapter III
Activities of watercraft and responsibilities
of organizations and individuals operating in
the waters of inland waterway ports and wharfs

Section 1. Procedures for watercraft entering and leaving port waters, cargo and passenger terminals

Procedures for inland waterway vessels entering and leaving ports, cargo terminals; ports, passenger terminals

Article 12. Procedures for inland waterway vessels entering and leaving ports, cargo terminals; ports, passenger terminals

1. Before entering the port or inland waterway terminal, the master or person in charge of the vessel shall submit or present to the Inland Waterway Port Authority (hereinafter referred to as the Port Authority) or the Terminal Management Board the following documents:

a) Documents to be submitted:

- Departure permit from the last port or terminal;

- Certificate of technical safety and environmental protection of the vessel;

- Crew Logbook.

b) Documents to be presented:

- Registration certificate of the inland waterway vessel;

- Certificates of competency of crew members on board the vessel;

- Documents related to cargo or passengers (if the vessel carries cargo or passengers).
After checking the documents specified in points a and b of this clause, the Port Authority or the Terminal Management Board will conduct an actual inspection. If all safety conditions are met as prescribed, they will issue a Port Entry Permit to the vessel according to Model No. 9 of the Appendix to this Regulation.

2. Before departing from the port or terminal, the master or person in charge of the vessel shall present to the Port Authority or the Terminal Management Board the following documents:

a) Documents related to cargo or passengers (if the vessel receives cargo or passengers at the port or terminal);

b) Proof of payment of fees, charges, fines, or settlement of debts as prescribed by law;

c) Documents related to changes compared to the documents prescribed in Clause 1 of this Article (if any).
The Port Authority or the Terminal Management Board will inspect the vessel in practice. If all safety conditions are met, they will recover the Port Entry Permit, return the Certificate of Technical Safety and Environmental Protection of the vessel, and the Crew Logbook that the master had submitted when handling the entry procedures, and issue a Port Departure Permit to the vessel according to Model No. 10 of the Appendix to this Regulation.

Article 13. Procedures for foreign watercraft and Vietnamese ocean-going vessels entering and leaving inland waterway ports and terminals

Foreign watercraft and Vietnamese ocean-going vessels when entering and leaving inland waterway ports must follow the current maritime laws' procedures for ships entering and leaving seaports.

Section 2. Pilotage System

Article 14. Compulsory Pilotage System

Foreign watercraft operating on inland waterways or entering and leaving inland waterway ports and terminals must have compulsory pilotage. Inland waterway vessels and Vietnamese ocean-going vessels entering and leaving inland waterway ports and terminals may request pilotage if deemed necessary.

Article 15. Requirements for Providing Pilotage Time

1. Except in urgent cases where pilotage is requested to prevent accidents, requests for pilotage must be notified to the Port Authority and the relevant pilotage organization at least six hours before the expected time of picking up the pilot.

2. If after requesting pilotage there is a need to change the time of picking up the pilot or cancel the request for pilotage, then such information must be reported to the Port Authority and the relevant pilotage organization at least three hours before the expected time of picking up the pilot.

3. The pilot has the responsibility to wait at the agreed location not exceeding four hours from the expected time of boarding the vessel. If this period is exceeded, the request for pilotage is considered canceled, and the master must pay waiting fees for the pilot as prescribed.
4. Within one hour of receiving a request for pilotage, the pilotage organization must report back to the Port Authority, the shipowner, or the shipowner's agent about the location and time of the pilot's expected boarding. If the pilot boards the vessel later than the reported time and at a different location, causing the vessel to wait or move to another location, the pilotage organization must pay waiting fees for the vessel as prescribed.

Section 3. Activities of watercraft at

the waters of inland waterway ports and wharfs

Article 16. Handling accidents in port waters, inland waterway wharf areas

1. The rescue of persons and watercraft involved in accidents occurring in port waters, inland waterway wharfs is an obligatory duty for the captain, driver of the watercraft, and other organizations and individuals operating at the port or wharf.

2. Upon discovering an accident or potential accident, the captain or driver of the affected watercraft must immediately issue distress signals according to regulations and promptly take measures to rescue people and property, while simultaneously reporting to the Port Office or Wharf Management Board for timely handling.

3. The Port Office has the authority to mobilize all forces, equipment of the port or wharf, and available means within the area to provide assistance to victims, property, and watercraft. Organizations and individuals related to such activities have the obligation to comply with the mobilization orders of the Port Office or Wharf Management Board to rescue people, property, and watercraft.

4. In cases where the watercraft sinks, after rescuing people and property, the captain or driver of the sunken watercraft must set up warning signals according to regulations and immediately report to the owner of the watercraft to initiate salvage operations. The owner of the watercraft must organize salvage operations within the prescribed time limit and can only proceed when safety measures for navigation traffic have been approved by the Port Office or Wharf Management Board.

5. If the watercraft sinks in port or wharf waters but the owner does not carry out salvage operations or does so improperly, the Port Office or Wharf Management Board may organize salvage operations. The owner of the watercraft must bear all costs and will be subject to penalties if they violate regulations concerning the maintenance of order and safety in inland waterway traffic.

Article 17. Responsibilities of the captain or driver of the watercraft when operating in cargo port, passenger port waters

1. Only allowed to moor at locations designated by the Port Office or Wharf Management Board and shall not change positions arbitrarily.

2. Adhere to port and wharf internal rules and regulations, flood and storm prevention regulations; comply with the Port Office's mobilization orders in emergency situations.

3. When the watercraft drifts or changes its mooring location due to external factors, immediate appropriate measures must be taken and reported to the Port Office or Wharf Management Board.

4. After safely mooring at designated locations, the captain must assign crew members to maintain machinery, life-saving and fire-fighting equipment, and the main engine of the watercraft in a state of readiness for prompt handling of drifting, anchor breakage, grounding, and other emergencies.

5. If infectious diseases or plants capable of causing disease are found on the watercraft, the captain or driver must immediately report to the Port Office or Wharf Management Board, relevant authorities, and berth the watercraft in a separate area for appropriate handling.

6. During cargo loading and unloading or passenger embarkation and disembarkation, necessary conditions ensuring labor safety must be checked and prepared; if unsafe signs are detected, the captain or driver must immediately halt operations to address the issues.
7. Foreign watercraft must hoist the flag of the Socialist Republic of Vietnam at the highest mast from sunrise to sunset; if intending to fly ceremonial flags, mourning flags, or sound horns during national ceremonies, prior notification to the Port Office is required.
8. Strictly prohibited:

a) Entering the port or wharf to load/unload cargo or embark/disembark passengers without a permit issued by the Port Office or Wharf Management Board;

b) Using arbitrary signals;

c) Discharging dirty water, dumping waste, oil compounds, or other toxic substances into port or wharf waters;

d) Obstructing or making it difficult for public officials or crew members of other watercraft to pass through their vessel.

Section 4. Responsibilities of the Port and Wharf Owners; Operators of Ports and Wharfs, and Other Organizations and Individuals Operating in Inland Waterway Port and Wharf Areas

Responsibilities of the Port and Wharf Owners
Responsibilities of the Operators of Inland Waterway Ports and Wharfs

Article 18. 1. Implement procedures for announcing port operations and issuing Port Operation Licenses for inland waterway wharfs in accordance with Articles 7, 8, and Clause 1, Point 9 of this Regulation.

2. In cases where ports and wharfs are leased out, they must enter into contracts with the port and wharf operators in accordance with the provisions of the law and fully fulfill their obligations under the signed contracts.

3. In cases where operations are terminated, the owners of cargo ports and passenger ports must notify the competent authority responsible for announcing the port or issuing the Port Operation License to make a decision to close the inland waterway port or wharf.
Responsibilities of the Operators of Inland Waterway Ports and Wharfs

Article 19. 1. For the operators of cargo ports and passenger ports:

a) Maintain the safety conditions of port and wharf structures in accordance with regulations;

b) Do not load goods or pick up/drop off passengers from vessels that do not meet technical safety requirements or lack the required documentation;

c) Do not load goods exceeding permitted dimensions or weight limits, or accept more passengers than the specified number;

d) Rescue people, goods, and vessels when accidents occur; report and cooperate with competent authorities to resolve the situation; mitigate accident consequences and environmental pollution (if any);

đ) Comply with flood and storm prevention regulations and maintain environmental hygiene;

e) Personnel operating loading/unloading equipment must hold the appropriate professional certificates as prescribed;

g) Do not load/unload goods or pick up/drop off passengers from vessels without a Port Entry Permit issued by the Port Authority or Wharf Management Board;

h) Obey the dispatching instructions of the Port Authority or Wharf Management Board regarding rescue operations for people, goods, and vessels during accidents in the port and wharf waters, and for flood and storm prevention;

i) Create favorable conditions and cooperate with the Port Authority or Wharf Management Board to ensure traffic order and safety within the port and wharf waters;

k) Accept supervision, inspection, and administrative violation handling by competent authorities concerning traffic order and safety inspections.

2. For the operators of river passenger wharfs:

a) Fulfill the responsibilities outlined in Points a, b, c, d, đ, and k of Clause 1 of this Article;

b) Do not use vessels that do not meet technical safety conditions or lack the required documentation: vessel drivers must have valid licenses or professional certificates, or certificates that match the job requirements;

c) Coordinate with the operators of opposite bank river passenger wharfs to implement procedures for obtaining River Passenger Wharf Operation Licenses as prescribed; coordinate on operational plans and fare rates (if not stipulated by the state) to ensure the synchronization of river passenger transport routes and order during operation;

d) In cases of termination of operations, notify the competent authority responsible for issuing the River Passenger Wharf Operation License to make a decision to close the inland waterway wharf.
Responsibilities of Organizations and Individuals Surveying, Constructing Works, Salvaging Sunken Vessels, or Performing Other Tasks in Inland Waterway Port and Wharf Waters

Article 20. 1. Adhere to regulations ensuring traffic order and safety in port and wharf waters and maintaining environmental hygiene.

2. Follow the dispatching instructions of the Port Authority or Wharf Management Board in emergency situations involving rescuing people, goods, and vessels during accidents or storms.

3. When surveying, constructing works, or salvaging sunken vessels, they must have safety measures approved by the port and wharf operators and the Port Authority or Wharf Management Board.
Responsibilities of the Vietnam Inland Waterways Administration

Chapter IV
Implementation Provisions

Article 21. 1. Develop master plans for key inland waterway ports to be submitted to the Minister of Transport for approval.

2. Announce, close, or temporarily suspend operations of inland waterway ports; organize the implementation of issuing Port Operation Licenses, closing, or temporarily suspending operations of inland waterway wharfs as stipulated in Clause 2, Clause 4 of Article 6 and Article 11 of this Regulation.

3. Process applications for announcing ports accepting foreign watercraft belonging to national inland waterways or specialized inland waterways connecting to national inland waterways, to be submitted to the Minister of Transport for announcement.

4. Guide the preparation of port water area charts, wharf water area diagrams, operational plans, and installation of boundary signal markers for cargo ports and passenger ports as prescribed in Articles 7, 8, and 9 of this Regulation.

5. Issue standardized port and wharf registers and periodic reports uniformly applied nationwide.

6. Compile registers of cargo ports and passenger ports announced and licensed by the Ministry of Transport and the Vietnam Inland Waterways Administration.

7. Receive reports from localities, consolidate, and monitor the management of inland waterway port and wharf operations in those areas.

Responsibilities of the Department of Transport, Department of Transport and Public Works

Article 22. 1. Develop local port and wharf master plans to be submitted to the Provincial People's Committee for approval.

2. Announce, close, or temporarily suspend operations of inland waterway ports; organize the implementation of issuing Port Operation Licenses, closing, or temporarily suspending operations of inland waterway wharfs as stipulated in Clause 3 of Article 6 and Article 11 of this Regulation.

3. Process applications for announcing ports accepting foreign watercraft belonging to local inland waterways or specialized inland waterways connecting to local inland waterways, to be submitted to the Minister of Transport for announcement.

4. Inspect and audit compliance with this Regulation's provisions for ports and wharfs within their jurisdiction.

5. Compile registers of ports and wharfs under their management; submit quarterly and annual reports to the Chairman of the Provincial People's Committee and the Minister of Transport (through the Vietnam Inland Waterways Administration).

6. In addition to the responsibilities stipulated in Clauses 1, 2, 4, and 5 of this Article, they also have the responsibility for managing river passenger wharfs.

6. In addition to the responsibilities prescribed in Clauses 1, 2, 4, and 5 of this Article, the management of cross-river passenger ferries' terminals shall also have the responsibility to:

a) Develop plans for managing river passenger ferry terminals and guide the transportation management units under the People's Committees at the district and commune levels in their work to manage river passenger ferry terminal activities within their jurisdiction;

b) For river passenger ferry terminals located on rivers or canals that serve as administrative boundaries between two provinces or centrally governed cities, coordinate and unify with relevant Departments of Transport and Departments of Transport and Communications to implement procedures for issuing Ferry Terminal Operation Licenses in accordance with regulations to ensure the consistency of river-crossing transport routes and traffic safety during operation;

c) For river passenger ferry terminals located far from the offices of the Departments or situated on inland waterway routes with low traffic density, may propose to the Chairman of the Provincial People's Committee to delegate the authority to issue licenses to the District People's Committee;

Article 23. The effectiveness of the Decision announcing inland waterway ports and Ferry Terminal Operation Licenses pursuant to Decision No. 2046/QĐ-PC and Decision No. 3809/1999/QĐ-BGTVT

The Decisions announcing inland waterway ports and Ferry Terminal Operation Licenses issued to port and terminal owners according to Decision No. 2046/QĐ-PC dated August 6, 1996 and Decision No. 3809/1999/QĐ-BGTVT dated December 30, 1999 by the Minister of Transport shall remain valid until the expiration date of those Decisions or Licenses;

Article 24. Term for Issuing Ferry Terminal Operation Licenses

1. Within no more than 90 days from the effective date of this Regulation, owners of river passenger ferry terminals must complete the procedures to apply for Ferry Terminal Operation Licenses in accordance with Article 9 of this Regulation, including those terminals already established under Decision No. 1211/1999/QĐ-BGTVT dated May 20, 1999 by the Minister of Transport;

2. For terminals capable of carrying vehicles across rivers that have been established under Decision No. 1211/1999/QĐ-BGTVT but whose river-crossing transport vessels do not meet vehicle-carrying standards and whose terminal facilities do not meet ferry terminal technical standards, within two years from the effective date of this Regulation, they must undertake improvements and upgrades to ensure that the vessels meet vehicle-carrying standards and the terminals meet ferry terminal technical standards as prescribed;

Article 25. Handling Violations

Port and terminal owners, port and terminal operators, ship owners, captains, and other individuals or organizations involved who violate this Regulation will be subject to administrative penalties or criminal liability, depending on the severity of the violation, in accordance with the provisions of the law./.