Decree No. 09/2026/TT-BXD On the Classification of State Management of Inland Waterways within the Scope of Management of the Ministry of Construction

CIRCULAR

Delegation of State Management Authority for Inland Waterway Transport within the Scope of Management of the Ministry of Building and Infrastructure

BASED ON

The Law on Inland Waterway Transport No. 23/2004/QH11, amended and supplemented by Law No. 48/2014/QH13; BASED ON The Law on Organization of the Government No. 63/2025/QH15;

BASED ON The Law on Organization of Local Administration No. 72/2025/QH15;

BASED ON Resolution No. 226/2025/QH15 of the National Assembly on Pilot Implementation of Certain Special Mechanisms and Policies for the Development of Hai Phong City;

BASED ON Decree No. 84/2024/NĐ-CP of the Government on Pilot Delegation of State Management Authority in Some Fields to the Ho Chi Minh City Administration;

BASED ON Decree No. 33/2025/NĐ-CP of the Government Regulating Functions, Tasks, Powers, and Organizational Structure of the Ministry of Building and Infrastructure;

IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF THE CIVIL AND INLAND WATERWAY ADMINISTRATION; THE MINISTER OF BUILDING AND INFRASTRUCTURE ISSUES THIS CIRCULAR ON THE DELEGATION OF STATE MANAGEMENT AUTHORITY FOR INLAND WATERWAY TRANSPORT WITHIN THE SCOPE OF MANAGEMENT OF THE MINISTRY OF BUILDING AND INFRASTRUCTURE.

ARTICLE 1. Scope of Application

This Circular stipulates the delegation to the People's Committees of provinces and cities: Quang Ninh, Hai Phong, Nghe An, Hue, Da Nang, and Ho Chi Minh City for the implementation of state management tasks and authority over inland waterway transport on national inland waterways and specialized inland waterways under the management scope of the Ministry of Building and Infrastructure as specified in the annex to this Circular.

ARTICLE 2. Applicability

This Circular applies to organizations and individuals involved in the implementation of delegated state management tasks and authority; organizations and individuals involved in administrative procedures for inland waterway transport on national inland waterways that have been delegated.

ARTICLE 3. Principles of Delegation

1. The delegation shall be carried out in accordance with the principles specified in paragraph 7 of Article 6 of the Law on Organization of the Government and paragraph 2 of Article 11 of the Law on Organization of Local Administration.

2. For national inland waterways bordering two provinces or cities (hereinafter referred to as localities) or sections of a national inland waterway within the administrative territory of another locality, delegation shall be carried out in accordance with the following principles:

a) State management tasks on national inland waterways are delegated according to the administrative boundaries of the locality;

b) Management and maintenance tasks for national inland waterways are delegated to one locality as specified in the annex attached to this Circular to ensure consistency in infrastructure assets of inland waterways;

c) For administrative procedures related to state management tasks on national inland waterways involving the administrative boundaries of two localities, the delegated locality shall take the lead and seek the opinion of the relevant locality before implementation;

d) For administrative procedures and state management tasks on national inland waterways outside the administrative territories of the delegated localities, the Civil and Inland Waterway Administration continues to perform its duties according to the authority assigned.

3. Localities and management agencies sharing jurisdiction over adjacent inland waterways shall develop a cooperation mechanism to ensure that no additional administrative procedures or costs are imposed on organizations and individuals involved in inland waterway activities.

d) For administrative procedures, the tasks of state management on inland waterways within the national territorial waters outside the administrative boundaries of localities that have been delegated shall continue to be carried out by the Vietnam Maritime and Inland Waterways Administration according to the authority assigned.

3. Local authorities and management agencies shall jointly implement management on adjacent inland waterways, with the responsibility to establish a coordination mechanism to ensure that no new administrative procedures or costs are imposed on organizations and individuals related to inland waterway activities.

Article 4. Conditions for Delegation

The Ministry of Construction delegates to the People's Committees of provinces and municipalities the authority to implement state management over inland waterway transportation when the following conditions are met:

1. There is an organizational structure for state management of inland waterway transportation. Among these, the organizational structure of inland waterway port offices has functions and duties in accordance with Circular No. 18/2025/TT-BXD dated June 30, 2025 by the Minister of Construction on organization and operation of maritime port offices and inland waterway port offices.

2. Ensures an appropriate number of civil servants, staff members, and workers with professional qualifications for their positions in accordance with approved staffing levels as per regulations.

3. Ensures the necessary physical infrastructure conditions and other essential conditions to implement state management on inland waterways and at ports, wharfs, and berths that have been delegated according to regulations.

Article 5. Content of Delegation

1. Content of Delegation

a) Implementing strategies, plans, policies, and measures for the development and ensuring safety in inland waterway transportation. Among these, the People's Committee at the provincial level shall exercise the rights and responsibilities as the investor for projects involving new construction, renovation, or upgrading of national inland waterway infrastructure that utilize central government funds and non-governmental sector capital in accordance with laws on investment and construction;

b) Implementing legal documents, standards, and technical specifications related to inland waterway transportation;

c) Promoting, disseminating, and educating the public about laws related to inland waterway transportation; guiding and inspecting the implementation of measures to ensure safety in inland waterway transportation;

d) Managing, operating, exploiting, maintaining, protecting infrastructure, managing assets of inland waterway infrastructure (including traffic safety assurance);

d) Managing inland waterway transport operations on routes and ports, wharfs, and berths; fulfilling the responsibilities of state management authorities over inland waterway transportation and local inland waterway management units responsible for areas according to the Inland Waterway Transportation Law and related legal documents;

e) Implementing disaster prevention and mitigation work, responding to climate change, search and rescue operations in inland waterway transportation;

g) Protecting the environment during inland waterway transport activities;

h) Organizing research, application of science and technology, digital transformation in tasks: state management; maintenance of inland waterways; managing inland waterway transport operations; operating, maintaining, protecting infrastructure of inland waterways;

i) Inspecting, resolving complaints and reports, and handling violations related to inland waterway transportation.

2. The People's Committees of provinces and municipalities: Quang Ninh, Nghe An, Hue, and Da Nang shall implement the responsibilities and authorities for state management over inland waterway transportation as stipulated in all contents of paragraph 1 of this Article for national inland waterways that have been delegated.

3. The People's Committee of Ho Chi Minh City:

a) Implementing state management tasks related to transport as specified in Article 7 of Decree No. 84/2024/NĐ-CP dated July 10, 2024 by the Government on piloting delegation of state management authority over certain fields to Ho Chi Minh City's administration;

b) Implementing responsibilities and authorities for state management over inland waterway transportation as stipulated in all contents of paragraph 1 of this Article for national inland waterways that have been delegated, except as provided in point a of this paragraph.

4. The People's Committee of Hai Phong City:

a) Implementing tasks related to managing and maintaining national inland waterway routes and organizing the management of activities at ports, wharfs, and berths on national inland waterway routes within the city as specified in paragraph 2 of Article 4 of Resolution No. 226/2025/QH15 dated June 27, 2025 by the National Assembly on piloting certain special policies for the development of Hai Phong City;

b) Implementing responsibilities and authorities for state management over inland waterway transportation as stipulated in all contents of paragraph 1 of this Article for national inland waterways that have been delegated, except as provided in point a of this paragraph.

Article 6. Responsibilities of the People's Committee of Provinces and Municipalities Delegated Authority

1. To carry out tasks and powers delegated in accordance with the provisions of Clause 1 and Clause 5 of this Circular; to allocate funds, personnel, and other resources for the implementation of delegated tasks.

2. To receive infrastructure assets related to inland waterway transport within the scope of delegation and organize management, operation, exploitation in accordance with legal provisions. To perform accounting, file management, record-keeping, maintenance, declaration, and registration of information into the database on infrastructure assets of inland waterways.

3. To receive civil servants, staff members, and laborers from subordinate agencies and units of the Vietnam Maritime and Inland Waterway Administration who are performing state management tasks related to inland waterway transport within the scope delegated by this Circular in accordance with legal provisions.

4. To report annually on the implementation results of tasks and powers delegated in accordance with the prescribed provisions, simultaneously sending such reports to the Vietnam Maritime and Inland Waterway Administration; to report infrastructure assets of inland waterways as required under Article 26 of Decree No. 12/2025/NĐ-CP dated January 20, 2025, of the Government on the management, use, and exploitation of infrastructure assets of inland waterways and related regulatory documents.

Article 7. Responsibilities of the Vietnam Maritime and Inland Waterway Administration

1. To transfer, adjust infrastructure assets, facilities, job positions, civil servant establishment, staff members, and laborers who are performing state management tasks related to inland waterway transport within the scope delegated by this Circular.

2. To conduct specialized inspections of state management tasks related to inland waterway transport in localities according to the Inland Waterways Transport Law, the Amended and Supplemental Provisions to the Inland Waterways Transport Law, Decree No. 217/2025/NĐ-CP dated August 5, 2025, of the Government on specialized inspections and related legal provisions.

3. To annually summarize and evaluate the implementation of matters delegated to agencies and report to the Ministry of Construction.

4. To propose and report to the Ministry of Construction for the conclusion of delegation in cases where the People's Committee of provinces does not maintain the principles or conditions of delegation as stipulated in this Circular, or if the implementation of tasks and powers delegated is ineffective.

Article 8. Transitional Provisions

1. Individuals and organizations who have submitted administrative procedure documents to competent authorities before the completion of the transfer of delegation shall continue to process such administrative procedures according to legal provisions by the competent authority receiving the document.

2. Administrative decisions already issued remain effective until their expiration date as stated in the decision (if applicable).

3. Competent authorities receiving and processing administrative procedures after delegation do not require reprocessing steps that have been completed.

4. State management tasks within the authority of the Vietnam Maritime and Inland Waterway Administration, inland waterway maintenance tasks, and other tasks approved by the Ministry of Construction shall continue to be carried out by the Vietnam Maritime and Inland Waterway Administration until the transfer of authority and delegated tasks is completed with the People's Committee of provinces and municipalities.

Article 9. Implementation Provisions

1. This Circular shall take effect from March 1, 2026.

2. The Maritime and Inland Waterways Administration of Vietnam and the People's Committees of provinces and cities with delegated authority are responsible for completing the transfer; delegation of powers and duties as delegated.

3. The Circular No. 33/2023/TT-BGTVT dated November 28, 2023 by the Minister of Transport on the delegation of management of specialized state administration over inland waterway transport at ports, wharfs, and inland waterway berthing areas is hereby repealed.

4. Where any referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the provisions of such amending, supplementing, or replacing documents./.

Nguyen Xuan Sang

APPENDIX

List of People's Committees of provinces and cities with delegated authority to implement specialized state administration over inland waterway transport

(Issued as an annex to Circular No. 09/2026/TT-BXD dated February 27, 2026

by the Minister of Construction)

I. People's Committee of Quang Ninh Province

 

2. List of National INW delegated to Provincial People's Committees

 

Length

 

IV. People's Committee of Huế City

 

TT

 

List of National Waterways and Navigation Districts classified by Provincial People's Committees