✦ 智能摘要
Circular No. 10/2007/TT-BGTVT guiding the implementation of Decree No. 71/2006/NĐ-CP on port management and maritime channels applies to state agencies, enterprises, and investors. The Circular provides detailed regulations on the notification of putting works into use, state management of ports and inland waterway terminals, procedures for foreign vessels arriving at ports, documents to be presented, time limits for activities within port waters, and handling violations.
适用范围
State agencies (Department of Transport), enterprises, investors of projects, Port Maritime Services, Marine Safety Assurance Company, Border Guard, Customs, ship captains.
要点
- Investors must have a Decision or Permit from the competent authority to put the project into use and notify the Port Maritime Services and Marine Safety Assurance Company in writing (Article 14).
- The Department of Transport shall announce inland waterway ports and issue permits for operations of inland waterway terminals located within provincial or centrally-administered city boundaries within port waters (Article II).
- Foreign vessels arriving at ports to conduct scientific research, fishing, rescue, salvage of sunken assets, towing within the port, and training must obtain approval from the Vietnam Maritime Administration (Article IV).
- Persons handling notifications of vessel arrivals at ports according to Clause 1, Article 24 of Decree No. 71/2006/NĐ-CP or according to the form prescribed in Appendix 1 attached to this Circular (Article V).
- Inland waterway vessels, fishing boats, military ships, public service vessels, and seaplanes of Vietnam when arriving at and departing from ports must present documents as required (Article VII).
🌐 本文件的社会影响
- Facilitating state management of activities within port waters, ensuring maritime safety, maritime security, and preventing environmental pollution.
- Reducing administrative burdens for project investors and enterprises when conducting activities at ports.
- Strengthening control over foreign vessels arriving at ports to conduct activities that may affect national security.
❓ 常见问题
What must project investors do when putting their projects into use?
Project investors must notify in writing along with copies of the Decision or Permit to the Port Maritime Services and Marine Safety Assurance Company in the area (Article 14).
What responsibilities does the Department of Transport have when announcing inland waterway ports?
The Department of Transport shall announce inland waterway ports and issue permits for operations of inland waterway terminals located within provincial or centrally-administered city boundaries within port waters (Article II).
For which activities must foreign vessels arriving at ports obtain approval?
Foreign vessels arriving at ports to conduct scientific research, fishing, rescue, salvage of sunken assets, towing within the port, and training must obtain approval from the Vietnam Maritime Administration (Article IV).
According to which regulations should persons handling notifications of vessel arrivals at ports comply?
Persons handling notifications of vessel arrivals at ports shall comply with the provisions of Clause 1, Article 24 of Decree No. 71/2006/NĐ-CP or the form prescribed in Appendix 1 attached to this Circular (Article V).
What documents must inland waterway vessels, fishing boats, military ships, public service vessels, and seaplanes of Vietnam present when arriving at and departing from ports?
Inland waterway vessels: comply with laws on inland waterway transport; Fishing boats: comply with laws on fisheries; Military ships, public service vessels, seaplanes, and other watercraft: comply with laws on maritime affairs and related laws (Article VIII).
全文
CIRCULAR
Guidelines for Implementing Decree No. 71/2006/NĐ-CP dated July 25, 2006
of the Government on Port Management and Shipping Channels
_____________________________
Pursuant to Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on Port Management and Shipping Channels (hereinafter referred to as Decree No. 71/2006/NĐ-CP);
Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
The Ministry of Transport provides detailed guidelines for implementing certain provisions of Decree No. 71/2006/NĐ-CP as follows:
I. Notification of Bringing Other Works (except ports and inland waterway wharves) into Use (Article 14 Clause 1)
1. For works that must have a Decision or Permit from the competent authority to bring them into use, the investor shall submit a notification letter accompanied by a copy of the Decision or Permit to the Maritime Port Supervision Authority and the Marine Safety Assurance Company in the area.
2. For works that do not require a Decision or Permit from the competent authority to bring them into use, the investor shall submit a notification letter accompanied by a Completion Acceptance Report to the Maritime Port Supervision Authority and the Marine Safety Assurance Company in the area.
II. State Management of Ports and Inland Waterway Wharves within Port Waters
1. Ports and inland waterway wharves within port waters may only be allowed to receive domestic vessels.
2. The Department of Transport, the Department of Transport Infrastructure (hereinafter collectively referred to as the Department of Transport) shall implement the announcement of inland waterway ports and issuance of Operation Permits for inland waterway wharves for ports and wharves located within the administrative boundaries of provinces and centrally-administered cities within port waters based on consulting opinions from the Maritime Port Supervision Authority regarding maritime safety assurance, maritime security, and prevention of environmental pollution.
3. Procedures and Formalities for Announcing Inland Waterway Ports and Issuing Operation Permits for Inland Waterway Wharves:
a) Investment in Building Ports and Inland Waterway Wharves
- Organizations or individuals (investors) who wish to open ports or inland waterway wharves shall submit a request letter to the Department of Transport detailing the proposed scale, location, and purpose of construction.
- The Department of Transport shall be responsible for soliciting opinions from the Maritime Port Supervision Authority. Within five working days from receipt of the letter, the Maritime Port Supervision Authority must issue a reply letter indicating agreement or disagreement (with reasons stated). Based on the opinion of the Maritime Port Supervision Authority, the Department of Transport shall issue a reply letter to the investor regarding the opening of the port or wharf.
- Prior to commencing construction, the investor shall submit to the Department of Transport copies of the decision approving the technical design of the work, the plan of the water area before the port or wharf, and the design of marine navigation signal installation determining the water area of the port or wharf, and the plan for ensuring traffic safety during construction. The Department of Transport shall be responsible for sending one copy of these documents to the Maritime Port Supervision Authority. Any changes to the approved contents during construction must be approved by the competent authority. The Department of Transport shall take the lead and coordinate with the Maritime Port Supervision Authority in the area to organize inspections and supervision of construction, ensuring maritime safety in the area.
b) Bringing Ports and Inland Waterway Wharves into Use
After completing the construction of the port or inland waterway wharf, the investor shall submit relevant documents requesting the announcement of the port and issuance of an Operation Permit for the wharf to the Department of Transport and proceed with the procedures for notifying the bringing of the work into use as prescribed in Article 14 of Decree No. 71/2006/NĐ-CP.
c) Announcement of Inland Waterway Ports and Issuance of Operation Permits for Inland Waterway Wharves
The procedures and formalities for announcing inland waterway ports, issuing Operation Permits for inland waterway wharves, and decisions to close or suspend operations temporarily of ports and wharves shall be carried out according to the regulations stipulated in the Charter of Operations of Ports and Inland Waterway Wharves issued together with Decision No. 07/2005/QĐ-BGTVT dated January 7, 2005 of the Minister of Transport, except for procedures related to obtaining opinions from units managing inland waterways.
4. Management of Activities of Ports and Inland Waterway Wharves Already Announced and Licensed within Port Waters:
a) The Maritime Port Supervision Authority shall perform state management functions regarding maritime safety, maritime security, and prevention of environmental pollution within port waters.
b) The Department of Transport shall organize state management over the operation of port exploitation and inland waterway wharves within port waters according to the laws on inland waterway transport.
III. Foreign Vessels Requesting to Enter Port to Carry Out Scientific Research, Fishing, Rescue, Salvage of Sunken Assets, Berthing, Training, Cultural, Sports, Construction of Marine Works, and Survey, Exploration, and Exploitation of Resources in Vietnam's Exclusive Economic Zone (Article 23 Clause 4)
1. For activities related to scientific research, fishing, rescue, salvage of sunken assets, culture, sports, construction of marine works, and survey, exploration, and exploitation of resources in Vietnam's exclusive economic zone, a permit or approval document from the competent authority as prescribed by relevant laws must be obtained.
2. For activities related to berthing and training, approval from the Vietnam Maritime Administration must be obtained.
IV. Notification of Vessels Arriving at Ports (Article 24 Clause 1)
1. The person handling the notification of vessel arrival at the port in accordance with Clause 1 of Article 24 of Decree No. 71/2006/NĐ-CP or according to the form specified in Appendix 1 attached to this Circular.
2. If the person handling the notification uses the "General Declaration," they must record in the Remarks section of the "General Declaration" information about the total deadweight, maximum length, width, air draft, draft when arriving at the port, the purpose of the vessel's arrival at the port, the name and address of the shipowner.
3. The length and height of the vessel as stipulated in Point b Clause 1 of Article 24 of Decree No. 71/2006/NĐ-CP refer to the maximum length and air draft of the vessel upon arrival at the port.
4. The following cases shall not apply the provisions on the time for notifying vessels to arrive at seaports as stipulated in Clause 2, Article 24 of Decree No. 71/2006/NĐ-CP:
a) Requesting emergency assistance for crew members and passengers on board the vessel;
b) Avoiding typhoons;
c) Transferring persons, property, and salvaged vessels at sea;
d) Rectifying consequences of maritime incidents and accidents;
e) Inland waterway vessels and fishing vessels.
In the cases specified in points a, b, c, and d of this clause, the master of the vessel must promptly seek every means to contact the Marine Port Office or relevant authorities of Vietnam nearest to the location; simultaneously, they have the obligation to prove that their actions were truly necessary and reasonable. Any abuse of the provisions in this clause will be dealt with according to the law.
V. Mobilization of Vessels (Article 26)
When mobilizing vessels, the Director of the Marine Port Office issues the Mobilization Order in accordance with the model prescribed in Appendix No. 2 attached to this Circular.
VI. Documents to be Submitted and Produced for Military Ships, Public Service Ships, Fishing Vessels, Inland Waterway Vessels, and Seaplanes of Vietnam when Arriving at and Departing from Seaports (Articles 27 and 30)
When conducting procedures for arriving at and departing from seaports, military ships, public service ships, fishing vessels, inland waterway vessels, and seaplanes of Vietnam must submit and produce documents as follows:
1. Inland waterway vessels: comply with the regulations of the law on inland waterway transport;
2. Fishing vessels: comply with the regulations of the law on fisheries;
3. Military ships, public service ships, seaplanes, and other waterway vessels: comply with the regulations of the law on maritime affairs and other related laws.
VII. Certificate of Technical Safety for Seagoing Vessels (Articles 27 and 30)
The Certificate of Technical Safety for seagoing vessels is issued in accordance with Decision No. 54/2005/QĐ-BGTVT dated October 27, 2005, by the Minister of Transport promulgating the List of Certificates and Documentation of Seagoing Vessels and Public Service Vessels of Vietnam, and the provisions of international treaties to which the Socialist Republic of Vietnam is a member.
VIII. Documents to be Submitted and Produced for Vessels with a Gross Tonnage of 200 DWT or Less Flying the Flag of a Country Sharing a Border with Vietnam when Arriving at Seaports in the Border Area of Vietnam (Article 27, Clause 2, Point d)
Vessels with a gross tonnage of 200 DWT or less flying the flag of the People's Republic of China when arriving at Van Gia Transfer Zone - Mong Cai (Quang Ninh) or vessels flying the flag of the Kingdom of Cambodia when arriving at Dong Thap and Ha Tien ports (Kien Giang) must submit and produce the following documents:
1. Documents to be submitted:
a) One General Declaration Form (to be submitted to the Marine Port Office);
b) One Crew List (to be submitted to the Marine Port Office);
c) One Passenger List, if applicable (to be submitted to the Border Guard);
d) One Cargo Declaration Form, if applicable (to be submitted to the Customs Office);
e) One Passenger Baggage Declaration Form, if applicable (to be submitted to the Customs Office);
f) One Dangerous Goods Declaration Form, if applicable (to be submitted to the Customs Office).
2. Documents to be produced:
a) Certificate of Vessel Registration (to be produced for the Marine Port Office);
b) Certificate of Technical Safety or Logbook of Technical Safety of the Vessel (to be produced for the Marine Port Office);
c) Professional Certificates of the Master and Chief Engineer for vessels with a gross tonnage of 50 DWT to 200 DWT or main engine power over 200 HP (to be produced for the Marine Port Office). For vessels with a gross tonnage under 50 DWT, the production of professional certificates of the Master and Chief Engineer is exempted.
d) Seaman's Passport or Identity Card of the crew members and passengers in accordance with Vietnamese law or agreements signed between the Government of Vietnam and the Government of the People's Republic of China or the Government of the Kingdom of Cambodia (to be produced for the Border Guard);
e) Relevant documents concerning cargo carried on the vessel and baggage of the crew members and passengers, if applicable (to be produced for the Customs Office).
IX. Final Port Departure Permit (Articles 27, 30, and 31)
The Final Port Departure Permit refers to the Port Departure Permit prescribed in Appendix XI attached to Decree No. 71/2006/NĐ-CP or equivalent documents issued or confirmed by the competent authority where the vessel departs from the port.
X. Authority to Process Exit Procedures for Inland Waterway Vessels Leaving Vietnam for Cambodia (Article 29, Clause 2)
For inland waterway vessels exiting Vietnam to Cambodia, the Dong Thap Marine Port Office is responsible for processing procedures at Vinh Xuong-Thuong Phuoc area.
XI. Authority to Process Transit Procedures for Foreign Vessels Passing Through Vietnam to Cambodia and Vice Versa (Article 32)
1. Foreign vessels transiting Vietnam to Cambodia via the Mekong River are processed by the Vung Tau Marine Port Office in coordination with relevant agencies in accordance with Decree No. 71/2006/NĐ-CP and other related laws.
2. Foreign vessels transiting Vietnam from Cambodia via the Mekong River are processed by the Dong Thap Marine Port Office in coordination with relevant agencies in accordance with Decree No. 71/2006/NĐ-CP and other related laws.
XII. Procedure for Temporary Detention of Seagoing Vessels (Article 42)
When implementing the procedure for temporarily detaining seagoing vessels, the Director of the Marine Port Office issues the Decision on Temporary Detention of Seagoing Vessels or the Decision to Terminate Temporary Detention of Seagoing Vessels in accordance with the models prescribed in Appendices No. 3 and No. 4 attached to this Circular.
XIII. Time Limit for Repairing, Testing Machinery, Testing Horns, Placing Bottom Lights, Fishing, and Aquaculture Activities in Port Waters, Conducting Work Emitting Sparks on the Deck, Hold, Engine Room, Removing Seals, or Discharging Wastes and Dirty Water through Vessels' Valves or Equipment, Conducting Dredging Operations, Installing Maritime Beacons, Sand Extraction, Surveying, Measuring, or Floating Cranes and Other Construction Equipment (Articles 37, Clause 4; 47, Clause 4, Point h; 50, Clause 2; 53, Clause 7; and 56, Clause 2, Point a)
Within the latest four hours from receiving the document from the master or related organizations and individuals, the Marine Port Office must issue a reply document; in case of non-approval, the reasons must be clearly stated.
XIV. Time limit for approving the organization of sports competitions, military exercises, and similar activities in port waters (Article 49)
Within four hours from the time of receiving the document from the ship captain or related organizations or individuals, the Maritime Port Office shall issue a written approval; in case of disapproval, the reasons must be clearly stated.
XV. Time limit for allowing repairs and cleaning of vessels or other maritime activities in port waters that may affect fire and explosion prevention measures (Article 53 Clause 9)
Within one hour from the time of receiving the specialized opinion of the local authority responsible for fire and explosion prevention, the Maritime Port Office shall issue a written response; in case of disapproval, the reasons must be clearly stated.
XVI. Implementation Provisions
1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.
2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Directors of the Vietnam Maritime Administration, the Directors of the Vietnam Inland Waterways Administration, the Directors of the Provincial Departments of Transport, the Provincial Departments of Transport Infrastructure, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.
Any difficulties encountered during implementation should be reported to the Ministry of Transport for timely consideration and resolution./.
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71/2006/NĐ-CP
Nghị định số 71/2006/NĐ-CP Về quản lý cảng biển và luồng hàng hải
已失效
34/2003/NĐ-CP
Nghị định số 34/2003/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải
已失效
575/QĐ-UBND (năm 2008)
Quyết định số 575/QĐ-UBND (năm 2008) việc ban hành quy định quản lý hoạt động, khai thác tàu khách cao tốc Bạch Long
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10/2007/TT-BGTVT
Circular No. 10/2007/TT-BGTVT guiding the implementation of Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on port management and maritime channels
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575/QĐ-UBND
Quyết định số 575/QĐ-UBND (năm 2008) việc ban hành quy định quản lý hoạt động, khai thác tàu khách cao tốc Bạch Long
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本文件提供以下语言版本：
Tiếng Việt
Thông tư số 10/2007/TT-BGTVT Hướng dẫn thực hiện Nghị định số 71/2006/NĐ-CP ngày 25 tháng 07 năm 2006 của Chính phủ về quản lý cảng biển và luồng hàng hải
한국어
시행규칙 제 10/2007/TT-BGTVT는 정부령 제 71/2006/NĐ-CP일로부터 해양 항만 관리 및 해상 통로 관리를 위한 정부 지침을 구체화하는 것을 목적으로 함.
中文
通知第10/2007/TT-BGTVT号关于实施政府2006年7月25日第71/2006/NĐ-CP号法令有关管理和航行水域的港口管理指南