Circular No. 10/2013/TT-BGTVT guiding the implementation of certain provisions of Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 21/2012/NĐ-CP

dated March 21, 2012, of the Government on Port Management

and Inland Waterway Navigation

__________________

 

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the request of the Director of the Department of Transport Infrastructure and the Director of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular to provide guidelines for implementing certain provisions of Decree No. 21/2012/NĐ-CP dated March 21, 2012, of the Government on Port Management and Inland Waterway Navigation (hereinafter referred to as Decree No. 21/2012/NĐ-CP),

Section 1

REGULATIONS ON THE NAME ASSIGNMENT AND CHANGE OF PORTS, OFFSHORE OIL TERMINALS, HARBOURS, PIER, FLOATING DOCKS, AND WATER ZONES AND AREAS

OUTSIDE, HARBOUR, WHARF, FLOATING STATION

AND WATER ZONE, WATERS AREA

Article 1. Competence to Decide on the Name Assignment and Change of Ports, Offshore Oil Terminals, Harbours, Piers, Floating Docks, and Water Zones and Areas

1. The Ministry of Transport decides on the name assignment and change of ports and offshore oil terminals.

2. The Vietnam Maritime Administration decides on the name assignment and change of harbours, piers, floating docks, and water zones and areas.

Article 2. Procedures for Assigning and Changing the Names of Ports, Offshore Oil Terminals, Harbours, Piers, Floating Docks, and Water Zones and Areas

1. Procedures for Assigning the Names of Ports and Offshore Oil Terminals

a) When establishing an investment project or announcing a port or offshore oil terminal, the investor shall submit directly or through the postal service to the Vietnam Maritime Administration one document requesting the name assignment of the port or offshore oil terminal according to Model No. 01 in the Appendix of this Circular;

b) The Vietnam Maritime Administration shall accept the application, examine its compliance, and submit a report to the Ministry of Transport within three working days from the date of receiving a valid application. If the application is not valid, it shall notify the investor to complete the application;

c) The Ministry of Transport shall accept the application, consider, and decide on the name assignment of the port or offshore oil terminal together with the response to the investment project proposal or the announcement of the port or offshore oil terminal.

2. Procedures for Assigning the Names of Harbours, Piers, Floating Docks, and Water Zones and Areas

a) When establishing an investment project for construction or announcing the operation of a facility, the investor shall submit directly or through the postal service to the Vietnam Maritime Administration one document requesting the name assignment of the harbour, pier, floating dock, and water zone and area according to Model No. 01 in the Appendix of this Circular;

b) The Vietnam Maritime Administration shall accept the application, examine, and decide on the name assignment of the harbour, pier, floating dock, and water zone and area together with the response to the suitability of the planning or the announcement of the harbour, pier, water zone and area. If the application is not valid, it shall notify the investor to complete the application.

3. Procedures for Changing the Names of Announced Ports and Offshore Oil Terminals

a) The investor or the operator of the port or offshore oil terminal shall submit a request in writing according to Model No. 01 in the Appendix of this Circular and a copy of the Decision announcing the port or offshore oil terminal to the Vietnam Maritime Administration. The Vietnam Maritime Administration shall accept the application, examine its compliance, and submit a report to the Ministry of Transport within three working days. If the application is not valid or the name of the port is not suitable, it shall notify the investor or the operator of the port to complete the application or assign a new name that is appropriate;

b) Within three working days from the date of receiving a valid application, the Ministry of Transport shall examine and issue a decision to change the name of the port or offshore oil terminal.

3. Procedures for Changing the Names of Announced Harbours, Piers, Floating Docks, and Water Zones and Areas

a) The investor or the operator of the harbour, pier, floating dock, and water zone and area or the person authorized to act on their behalf shall submit a request in writing according to Model No. 01 in the Appendix of this Circular and a copy of the Decision announcing the harbour, pier, floating dock, and water zone and area to the Vietnam Maritime Administration.

The Vietnam Maritime Administration shall accept the application, examine its compliance. If the application is not valid or the name of the harbour, pier, floating dock, and water zone and area is not suitable, it shall notify the investor or the operator of the harbour to complete the application or assign a new name that is appropriate.

b) Within three working days from the date of receiving a valid application, the Vietnam Maritime Administration shall examine and issue a decision to change the name of the harbour, pier, floating dock, and water zone and area.

Article 3. Prohibitions on naming and renaming seaports, offshore oil ports, port berths, port bridges, floating berths, and water areas

1. Naming that duplicates or causes confusion with the name of a business entity, seaport, offshore oil port, port berth, port bridge, floating berth, or water area, region; or does not correspond to the name and function of the seaport, offshore oil port, port berth, port bridge, floating berth, or water area, region.

2. Using the name of a state agency, armed forces unit, political organization, socio-political organization, or business entity as the full or partial specific name of a seaport, offshore oil port, port berth, port bridge, floating berth, or water area, region, except where there is agreement from the relevant agency, unit, or organization and approval from the competent authority as stipulated in Article 1 of this Circular.

3. Using terms or symbols that violate historical traditions, culture, ethics, and local customs and practices of the nation for naming purposes.

Section 2

ANNOUNCEMENT OF THE SEAPORT CLASSIFICATION LIST

AND UPDATE OF PORT BERTHS, PORT BRIDGES

BELONGING TO VIETNAMESE SEAPORTS

Article 4. Announcement of the seaport classification list Male

1. Every five years, starting from the first quarter of 2008, the Vietnam Maritime Administration shall prepare and submit to the Ministry of Transport the seaport classification list. The application dossier includes:

a) A proposal for announcing the seaport classification list;

b) Draft of the seaport classification list;

c) Copies of decisions announcing seaports, offshore oil ports, port berths, port bridges, floating berths, water areas, regions.

2. The Ministry of Transport shall review, assess, and submit to the Prime Minister for announcement of the seaport classification list.

3. The Vietnam Maritime Administration shall organize the issuance of the seaport classification list after its announcement.

Article 5. Updating and announcing the list of port berths and port bridges

In January each year, the Vietnam Maritime Administration shall submit to the Ministry of Transport the list of port berths and port bridges that have been put into operation or decommissioned according to regulations. In the first quarter, the Ministry of Transport shall update and issue a decision to announce the list of port berths and port bridges belonging to Vietnamese seaports announced in the year.

 

 

 

Section 3

SUPERVISION OF IMPLEMENTATION OF PLANNING AND CONSTRUCTION OF SEAPORTS, SHIPPING LANES, AND OTHER CONSTRUCTIONS IN SEAPORT WATER AREAS

Article 6. Supervision of implementation of planning and construction of seaports, shipping lanes

1. Responding to investors regarding compliance with seaport and shipping lane planning

a) Where the proposed construction of a seaport, port berth, port bridge, shipping lane, water area, region by the investor is consistent with the seaport planning, the Vietnam Maritime Administration shall issue a detailed agreement on the location, scale, and function of the project and clearly specify the effective period for investment and construction;

b) Where the proposed construction of a seaport, port berth, port bridge, shipping lane, water area, region by the investor is inconsistent with the approved planning, the Vietnam Maritime Administration shall respond in writing and clearly state the reasons.

2. Organizing inspection and supervision of implementation of planning and construction of seaports, port berths, port bridges, shipping lanes, water areas, regions

a) Annually, the Vietnam Maritime Administration shall coordinate with local authorities and related agencies to inspect the implementation of seaport development planning and plans, compile, propose measures to address projects that do not comply with the planning, and report to the Ministry of Transport;

b) The Vietnam Maritime Administration shall direct maritime port inspection zones to organize inspections and supervision: conditions for commencement and construction of projects in accordance with the law; location, means, equipment, construction methods, progress, construction monitoring work of the investor, safety assurance plan during construction, and other necessary contents during the implementation of seaport, port berth, port bridge, shipping lane, water area, region construction projects in compliance with approved planning and projects, ensuring maritime safety and security, and preventing environmental pollution. Inspection and supervision will only conclude when the investor completes construction and clears obstacles (if any), and the maritime port inspection zone shall be responsible for reporting the results of inspection and supervision to the Vietnam Maritime Administration.

Article 7. Supervision of construction of other works and inland waterway ports within port waters

1. The investor constructing ports and inland waterway ports within port waters shall implement procedures as prescribed in Article 9 of this Circular.

2. For projects involving works intersecting with port waters, shipping channels, or works affecting maritime activities such as bridges, power lines, cable cars, underground works, and similar works, during the project proposal phase, the investor shall submit to the Vietnam Maritime Administration a document seeking opinions on the proposed location, scale, clear height, and depth of the work. Within the latest seven working days from the date of receiving valid documents, the Vietnam Maritime Administration shall issue a document responding to the investor regarding the requirements that must be adhered to ensure maritime safety, maritime security, and environmental pollution prevention; in cases of non-approval, a written response must be provided with specific reasons stated.

3. Investors of other works not covered under Clause 1 and Clause 2 of this Article, during the investment and construction proposal phase, must submit to the Port Maritime Service a document seeking opinions on the proposed location and scale of the work. Within the latest five working days from the date of receiving valid documents, the Port Maritime Service shall issue a document responding to the investor and clearly stating the requirements that must be adhered to ensure maritime safety, maritime security, and environmental pollution prevention. In cases of non-approval, a written response must be provided with specific reasons stated.

4. The Port Maritime Service shall organize inspections and supervision of: conditions for commencement and construction of works in accordance with the law; location, scale of construction, equipment, construction methods, progress, construction supervision activities of the investor, plans to ensure maritime safety, and other necessary contents during the implementation of investment and construction of ports and inland waterway ports within port waters, compliance with approved planning and projects, ensuring maritime safety and security, and preventing environmental pollution. Inspection and supervision shall only conclude when the investor completes the construction of the work and clears any obstructions (if any), and the Port Maritime Service shall have the responsibility to report the results of inspection and supervision to the Vietnam Maritime Administration.

Article 8. Documents for Announcing the Opening of Seaports, Wharves, Piers, and Water Areas, Zones, and Approving Safety Assurance Plans

1. The investor is responsible for selecting organizations with the function of conducting surveys, searching for and removing obstructions in the water areas before wharves, piers, shipping channels, and water zones, areas according to regulations.

After completing the survey, search, and removal of obstructions as stipulated in Clause 1 of this Article, all parties must organize acceptance and prepare an Acceptance Report on the results of the survey, search, and removal of obstructions in the water areas before wharves, piers, shipping channels, and water zones.

2. For seaports with only one wharf or pier, after completing the procedures for announcing the opening of the seaport, before putting the wharf or pier into use, the investor must complete the procedures for announcing the opening of the wharf or pier as prescribed in Article 18 of Decree No. 21/2012/ND-CP.

3. For water zones, areas serving only the reception and delivery of pilots, quarantine zones, storm shelters, or anchorage for vessels waiting to enter the seaport, wharf, or pier without performing cargo handling or other transportation services, when announcing the opening and putting into use, they may be exempted from the documents specified at points d, đ, and e of Clause 2 of Article 18 of Decree No. 21/2012/ND-CP.

4. When approving safety assurance plans, the Port Maritime Service must clearly record in the Approval Decision: general information about the work or project; handover time; construction period; construction methods; safety assurance measures; installation and adjustment of signaling; organization and coordination implementation, inspection, and supervision plans, and other necessary contents. After the investor completes the construction of the work, the Port Maritime Service shall have the responsibility to summarize and report the results of implementation according to the approved safety assurance plan to the Vietnam Maritime Administration.

Section 4

MANAGEMENT OF PORTS AND INLAND WATERWAY PORTS AND FISHERY PORTS

WITHIN PORT WATERS

Article 9. Management of inland waterway ports, wharfs, and fishing ports within port waters

1. The organization and management of investment and construction activities for ports, inland waterway wharfs, and fishing ports within port waters shall be carried out in accordance with Article 24 of Decree No. 21/2012/NĐ-CP and relevant laws. After completing the construction of ports, inland waterway wharfs, and fishing ports within port waters, the investor shall submit related documents to the competent authority requesting the announcement of the operation commencement of the project in accordance with regulations; simultaneously, they must proceed with the procedures to announce the operation commencement of the project in accordance with Article 19 of Decree No. 21/2012/NĐ-CP.

2. The Maritime Branch shall perform the state management functions regarding maritime safety, maritime security, and environmental pollution prevention for vessels and ports, inland waterway wharfs, and fishing ports within port waters.

3. The competent authority shall organize state management over port exploitation activities for ports and inland waterway wharfs within port waters in accordance with laws on inland waterway transport; organize state management over fishing port exploitation activities within port waters in accordance with laws on fisheries.

4. Before entering or leaving ports, inland waterway wharfs within port waters, the ship captain or person handling the procedures must notify the Maritime Branch in the area and the state management agency for ports, inland waterway wharfs, and fishing ports to plan and guide the implementation of regulations ensuring maritime safety, maritime security, and environmental pollution prevention.

Section 5

CONSTRUCTION AND ISSUE OF NAUTICAL CHARTS FOR PORT WATERS AND SHIPPING LANES

AND MARITIME CHANNELS

Article 10. Construction and issuance of nautical charts for port waters and shipping lanes

1. Nautical charts for port waters and shipping lanes shall be constructed and issued in paper and electronic forms to serve organizations and individuals in maritime activities and other related activities.

2. The Vietnam Maritime Administration shall take the lead and coordinate with relevant agencies and organizations to establish and submit to the Ministry of Transport for approval the content and plans for constructing, revising, and issuing nautical charts for port waters and shipping lanes, including principles of construction, types of nautical charts (paper nautical charts, electronic nautical charts), projections, scale, and other related contents, and organize their implementation in accordance with regulations.

Chapter 6

REGULAR QUALITY TESTING OF INFRASTRUCTURE

PORTS' INFRASTRUCTURE

Article 11. Responsibilities for conducting regular quality testing of port infrastructure

1. The investor of port infrastructure construction or the organization managing the exploitation of port infrastructure, wharfs, and piers (hereinafter referred to as the organization managing the exploitation of port infrastructure) shall have the obligation to conduct regular quality testing of port infrastructure in accordance with Point c, Clause 2 of Article 29 of Decree No. 21/2012/NĐ-CP. Irregular quality testing of port infrastructure shall be conducted in accordance with relevant laws; procedures for reporting, reviewing, and approving the results of quality testing shall be carried out in accordance with this Circular.

2. The organization conducting quality testing of port infrastructure shall be an organization with the capacity as stipulated by current laws selected by the organization managing the exploitation of port infrastructure to carry out quality testing of port infrastructure.

3. In the first quarter of each year, the Vietnam Maritime Administration shall organize the evaluation of the capacity of organizations conducting quality testing of port infrastructure that meet the conditions, compile a list for submission to the Ministry of Transport for approval.

Article 12. Period for Regular Inspection

1. For marine port infrastructure announced for use from June 1, 2012 or marine port infrastructure that was announced for use before June 1, 2012 but had not been operated for five years until December 31, 2013, the organization managing and operating the marine port infrastructure must conduct regular inspections every five years starting from the date the marine port infrastructure was announced for use, in accordance with the provisions of this Circular and other relevant laws.

2. For marine port infrastructure that had been announced for use up to June 1, 2012 and had exceeded five years, the organization managing and operating the marine port infrastructure must complete the quality inspection of the bridges and marine port berths being operated before December 31, 2013.

3. The Vietnam Maritime Administration shall be responsible for approving the quality results of marine port infrastructure after reviewing them; organizing and directing the Marine Port Inspection Authority to inspect and supervise the implementation according to the quality inspection results of marine port infrastructure as prescribed.

Article 13. Procedure for Conducting Quality Inspections of Marine Port Infrastructure

1. Before the marine port infrastructure reaches its inspection period, the organization managing and operating the marine port infrastructure must select an organization capable of conducting the quality inspection of the marine port infrastructure.

2. The organization conducting the inspection of marine port infrastructure shall perform the inspection and prepare the inspection report on the quality of the marine port infrastructure in accordance with relevant laws. The periodic inspection report must be in writing, confirmed by the organization managing and operating the marine port infrastructure and the organization conducting the inspection, including the following main contents:

a) Name of the marine port infrastructure subject to inspection;

b) Basic technical parameters of the marine port infrastructure;

c) Organization managing and operating the marine port infrastructure;

d) Organization conducting the inspection;

e) Content of the inspection;

f) Inspection results;

g) Conclusions and recommendations.

The organization managing and operating the marine port infrastructure shall select a consulting organization with sufficient capacity to review the inspection result report as prescribed.

3. Based on the reviewed periodic inspection report, the organization managing and operating the marine port infrastructure shall be responsible for repairing, rectifying, and supplementing items as recommended (if any), and submitting the file to the Vietnam Maritime Administration for approval of the inspection quality results of the marine port infrastructure.

4. The file for approval of the inspection quality results of the marine port infrastructure includes the following documents:

a) A request for approval of the inspection quality results of the marine port infrastructure meeting the operational conditions;

b) The inspection file prepared by the inspection organization;

c) The inspection quality report of the marine port infrastructure and the review report;

d) The renovation, supplementation, and acceptance files of related items concerning the marine port infrastructure (if any).

5. Within five working days from the date of receiving all the documents specified in Clause 4 of this Article, the Vietnam Maritime Administration must issue a document approving the inspection quality results of the marine port infrastructure; if it does not approve, it must issue a document stating the reasons and send it to the organization managing and operating the marine port infrastructure through the postal service or have the organization managing and operating the marine port infrastructure come directly to the Vietnam Maritime Administration to collect it.

Section 7

PLANNING, INVESTMENT CONSTRUCTION, ANNOUNCEMENT

PUTTING INTO USE AND MANAGING OPERATIONS OF SHIPPING CHANNELS

Article 14. Management of Navigation Channel Planning and Construction Investment

1. Investment and construction of navigation channels must be consistent with approved port planning.

2. The Vietnam Maritime Administration shall be responsible for:

a) Establish and submit to the Ministry of Transport for approval the development plan for Vietnam's navigation channels. The establishment, approval, and implementation of the planning and development plans for navigation channels must align with the overall development plan for Vietnam’s port system;

b) Publicly announce and organize guidance and inspection of the implementation of the approved planning;

c) Organize the establishment, public announcement, and annual updates of the directory of navigation channels.

3. Investment and construction of navigation channels

a) Before preparing the investment construction report on navigation channels, the investor shall directly send or send via postal service a request to the Vietnam Maritime Administration for confirmation of compliance with the port development plan and navigation channel planning;

b) Within five working days from the date of receipt of the investor's document, the Vietnam Maritime Administration will issue a response document and send it directly or through the postal service to the investor, while also reporting to the Ministry of Transport and the People's Committee of the province where the navigation channel is being constructed; in cases of non-approval, a written response with specific reasons must be provided;

c) Prior to commencing construction of navigation channels, the investor shall submit to the Vietnam Maritime Administration copies of the investment decision for the construction project along with the general layout plan, copies of the design approval decision for the construction project, and the approved maritime safety assurance plan;

d) The Vietnam Maritime Administration shall organize inspections and supervision of the implementation of navigation channel construction investments in accordance with the approved planning, ensuring maritime safety, maritime security, and environmental pollution prevention.

Article 15. Announcement of Navigation Channel Usage

1. Authority for Announcing Navigation Channel Usage

a) In cases where the navigation channel is announced simultaneously with the opening of the port: The Ministry of Transport will announce it together with the port opening announcement;

b) In cases where the navigation channel is announced after the port opening announcement or when a new navigation channel is invested in, re-announced due to adjustments, expansions, or upgrades: The Vietnam Maritime Administration will announce the usage of the navigation channel;

2. Procedures and Formalities for Requesting the Announcement of Navigation Channel Usage

a) The procedures and formalities for announcing navigation channels as stipulated in point a, Clause 1 of this Article shall be implemented according to Article 17 of Decree No. 21/2012/NĐ-CP;

b) The procedures and formalities for announcing navigation channels as stipulated in point b, Clause 1 of this Article shall be carried out as follows:

- After completing the new construction, adjustment, expansion, or upgrade of navigation channels, the investor or project management organization shall directly submit or send via postal service to the Vietnam Maritime Administration one set of application documents for the announcement of navigation channel usage including:

+ A document requesting the announcement of navigation channel usage;

+ An acceptance record for putting the completed construction project into use, accompanied by the final drawings of the navigation channel and the maritime signaling system invested in under the project;

+ Operating guidelines for navigation channels including: channel rules, maritime signaling systems, ship design parameters, and other specific operating conditions;

+ A maritime notice attached with the chart of the navigation channel; a maritime notice for the maritime signaling system invested in under the project; an acceptance record between the investor and the competent authority regarding the results of underwater obstacle surveys and related water areas;

- Within five working days from the date of receipt of the documents specified herein, the Vietnam Maritime Administration shall implement the announcement of the navigation channel usage according to regulations, and if不同意翻译结果，请提供具体修改意见或指出需要重新翻译的句子。我会根据您的反馈进行调整。

Article 16. Management, Operation, and Exploitation of Shipping Channels and Maritime Signaling

1. The contents of management, operation, and exploitation of shipping channels and maritime signaling include:

a) Maintenance and repair of shipping channels, maritime signaling, and auxiliary works and equipment to ensure safety for maritime activities;

b) Management and operation of the maritime signaling system;

c) Regular surveys of depths and publication of maritime notices in accordance with regulations.

2. Regulations on management, operation, and exploitation of shipping channels and maritime signaling:

a) Public shipping channels shall be managed and operated directly by organizations ensuring maritime safety in accordance with regulations;

b) Dedicated shipping channels shall be managed and operated by enterprises that have invested in building such dedicated shipping channels;

c) Annually, organizations managing and operating shipping channels shall report to the Vietnam Maritime Administration on the operational status of the channel and plans for management, operation, maintenance, surveys, and maritime announcements in accordance with regulations;

d) When maritime signaling is found to be out of position, damaged, or missing, organizations managing and operating shipping channels must immediately notify the Port Maritime Office of the region, including temporary suspension of operations and replacement of maritime signaling; if changes to the position, technical characteristics, or purpose of maritime signaling from the approved design are required, written opinions of the Port Maritime Office of the region must be obtained and submitted to the Vietnam Maritime Administration for approval before implementation.

Section 8

PROCEDURES FOR DOMESTIC WATERWAY VESSELS ENTERING AND LEAVING PORTS

LEAVING THE SEAPORT

Article 17. Procedures for Domestic Waterway Vessels Entering Ports

1. Place of procedure: main office or representative office or stations of the Port Maritime Office.

2. Time limit for the person handling the procedure: before the vessel enters the port or after it has safely anchored.

3. Time limit for the Port Maritime Office: no later than 30 minutes from when the person handling the procedure has submitted and presented all required documents as follows:

a) Documents to submit (originals): Port Departure Permit, or confirmation from the competent authority at the last port or berth from which the waterway vessel departed.

b) Documents to present (originals):

- Certificate of Registration of Domestic Waterway Vessel (or certified copy from a financial institution in case the vessel is mortgaged or pledged);

- Certificate of Technical Safety and Environmental Protection of the vessel;

- Crew Logbook;

- Passenger List (for passenger-carrying vessels);

- Certificates of Competency of crew members on board the vessel.

c) After checking the documents specified in point b of this clause, the Port Maritime Office issues the Port Entry Permit according to Model No. 02 of the Appendix of this Circular.

4. In cases where domestic waterway vessels enter ports and remain for no more than 72 hours, or where documents and materials for departure procedures do not change from those upon arrival, the entry and departure procedures can be combined into one process.

Article 18. Procedures for Domestic Waterway Vessels Leaving Ports

1. Place of procedure: main office or representative office or stations of the Port Maritime Office.

2. Time limit for the person handling the procedure: before the vessel leaves the port.

3. Time limit for the Port Maritime Office: no later than 30 minutes from when the person handling the procedure has submitted and presented all required documents as follows:

a) Proof of payment of fees, charges, fines, or settlement of debts as prescribed by law (if applicable);

b) Documents related to any changes compared to those specified in Clause 3 of Article 17 of this Circular (if applicable).

4. The Port Maritime Office issues the Port Departure Permit for domestic waterway vessels after receiving all required documents as stipulated in Clause 3 of this Article according to Model No. 02 of the Appendix of this Circular.

5. In cases where domestic waterway vessels are issued a Port Departure Permit but remain anchored in port waters for more than 24 hours, they must reapply for the Port Departure Permit.

Section 9

PROCEDURES AND REGULATIONS FOR SHIPS AND BOATS

TESTING AND ANCHORING

Article 19. Procedures for vessels under construction or repair, conversion to run trial

1. Place of procedure: main office or representative office or stations of the Port Maritime Office.

2. The person handling the procedures must submit and present all required documents as stipulated below:

a) Documents to be submitted:

- A request for vessel trial run stating clearly the reason for movement, destination, and trial run time;

- Crew list;

- List of personnel accompanying the vessel (if applicable).

b) Documents to be presented:

- Technical condition certificate confirming the vessel's safety for movement issued by the inspection organization;

- Seafarer qualification certificates;

- Towing plan for the vessel in case the trial run does not use the vessel's own engines.

3. Time limit for the maritime port service to process the procedures: within no more than two hours from the receipt of the documents specified in Clause 2 of this Article, the maritime port service shall issue the Trial Run Permit according to Model No. 03 in the Appendix of this Circular.

4. In cases where vessels conduct trial runs from one port area to another, the Trial Run Permit will be replaced with a Port Departure Permit.

Article 20. Regulations on mooring waiting vessels

1. Vessels that have been moored without cargo operations or passenger embarkation/disembarkation services for thirty days or longer must prepare a mooring plan and submit it to the maritime port service for approval.

2. The mooring plan includes the following basic contents:

a) Name of the vessel;

b) Owner and manager of the vessel;

c) Technical characteristics of the vessel;

d) Reason for mooring;

đ) Expected mooring time and location;

e) Number of crew members on board during the mooring period;

g) Measures to ensure vessel safety;

h) Emergency response measures for the vessel.

3. The maritime port service, based on actual conditions, decides on the number of crew members on board and approves the vessel's mooring safety plan.

Section 10

 PROCEDURES FOR VESSELS WITH TOTAL DEADWEIGHT OF 200 DWT OR LESS AND FLYING THE FLAG OF A NEIGHBORING COUNTRY TO VIETNAM TO ENTER A VIETNAMESE PORT

Article 21. Procedures for vessels with total deadweight of 200 DWT or less flying the flag of a neighboring country to enter a Vietnamese port Male

1. Vessels with a deadweight of 200 DWT or less flying the flag of a neighboring country entering a Vietnamese port in border areas must submit and present the following documents:

a) Documents to be submitted:

- Three copies of the General Declaration (to be submitted to the maritime port service, customs office, and border guard station);

- Three copies of the Crew List (to be submitted to the maritime port service, customs office, and border guard station);

- One copy of the Passenger List, if applicable (to be submitted to the border guard station);

- One copy of the Cargo Declaration, if applicable (to be submitted to the customs office);

- One copy of the Passenger Luggage Declaration, if applicable (to be submitted to the customs office);

- Two copies of the Dangerous Goods Declaration, if applicable (to be submitted to the maritime port service and customs office).

b) Documents to be presented:

- Certificate of Vessel Registration (to be presented to the maritime port service);

- Certificate of Technical Safety or Technical Safety Logbook of the vessel (to be presented to the maritime port service);

- Professional qualifications of the master and chief engineer for vessels with a deadweight between 50 DWT and 200 DWT or main engine power over 200 HP (to be presented to the maritime port service). For vessels with a deadweight under 50 DWT, presentation of the professional qualifications of the master and chief engineer is exempted;

- Seafarers' passports or Vietnamese ID cards of seafarers and passengers as prescribed by Vietnamese laws or agreements signed between the Government of Vietnam and the Government of China or the Government of Cambodia (to be presented to the border guard force);

- Relevant documents concerning goods carried on the vessel and luggage of seafarers and passengers, if applicable (to be presented to the customs office).

2. Time limit for processing procedures for vessels with a deadweight of 200 DWT or less flying the flag of a neighboring country entering a Vietnamese port in border areas:

a) Time limit for the person handling the procedures: no later than two hours from when the vessel has safely anchored at the designated position as instructed by the Director of the maritime port service;

b) Time limit for the maritime port service: no later than one hour from when the person handling the procedures has submitted and presented all required documents as stipulated in Clause 1 of this Article;

c) In cases where vessels with a deadweight of 200 DWT or less flying the flag of a neighboring country enter a Vietnamese port in border areas, they may simultaneously handle entry and departure procedures.

3. Place for handling vessel procedures:

a) Vessels with a deadweight of 200 DWT or less flying the flag of China when arriving at Van Gia-Mong Cai transshipment zone (Quang Ninh) shall handle procedures at the headquarters or representative office of the Quang Ninh maritime port service;

b) Vessels flying the flag of Cambodia when arriving at Dong Thap port shall handle procedures at the headquarters or representative office of the Dong Thap maritime port service;

c) Vessels flying the flag of Cambodia when arriving at ports in the coastal border area of Kien Giang province shall handle procedures at the headquarters or representative office of the Kien Giang maritime port service.

Section 11

 ORGANIZATIONS IMPLEMENTING PROCEDURES FOR FOREIGN VESSELS TRANSITING THROUGH VIETNAM TO CAMBODIA AND DOMESTIC WATERWAY VESSELS EXITING VIETNAM TO CAMBODIA

Article 22. Authority to process procedures for domestic waterway vessels exiting Vietnam to go to Cambodia Male Domestic waterway vessels exiting Vietnam to go to Cambodia from inland ports and wharfs without national administrative agencies managing inland waterways shall have the Đồng Tháp Maritime Branch take the lead and coordinate with relevant specialized administrative agencies to implement exit procedures at the Vinh Xương - Thường Phước area in accordance with regulations.

Article 23. Authority to process procedures for foreign ships transiting Vietnam to go to Cambodia and vice versa

1. Foreign ships transiting Vietnam to enter Cambodia via the Tiền River shall have the Vũng Tàu Maritime Branch coordinate with related functional agencies to implement procedures in accordance with Decree No. 21/2012/NĐ-CP and other relevant laws. Male 2. Foreign ships transiting Vietnam to enter Cambodia via the Hậu River shall have the Cần Thơ Maritime Branch coordinate with related functional agencies to implement procedures in accordance with Decree No. 21/2012/NĐ-CP and other relevant laws.

3. Foreign ships transiting from Cambodia through Vietnam via the Tiền and Hậu Rivers shall have the Đồng Tháp Maritime Branch coordinate with related functional agencies to implement procedures in accordance with Decree No. 21/2012/NĐ-CP and other relevant laws.

1. This Circular takes effect from July 1, 2013 and replaces Circular No. 10/2007/TT-BGTVT dated August 6, 2007 guiding the implementation of Government Decree No. 71/2006/NĐ-CP dated July 25, 2006 on port management and maritime channels.

2. Attached to this Circular is one Appendix consisting of three Application Forms and Permits.

Section 12

IMPLEMENTING PROVISIONS

Article 24. Effective Date

The Heads of the Ministry's Office, the Inspectorate, the Department Heads under the Ministry, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Inland Waterways Administration, the Directors of Provincial Departments of Transport, and related organizations, entities, and individuals are responsible for implementing this Circular.

2. Attached to this Circular is 01 Appendix containing 03 Application Forms and Permits.

Article 25. Implementation organization

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 Departments of Transport, and related organizations, entities, and individuals are responsible for implementing this Circular.