Directive No. 138/1998/CT-BGTVT on Strengthening Management, Enhancing Inspection and Classification, and Announcing Inland Waterway Ports and Wharfs

DIRECTIVE

ON STRENGTHENING MANAGEMENT AND ENFORCING INSPECTION, CLASSIFICATION, AND ANNOUNCEMENT OF INLAND WATERWAY PORTS AND WHARVES

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After nearly two years of implementing the reorganization to announce the operation of inland waterway ports and wharves according to Decision 2046 QD/PC dated August 6, 1996 by the Minister of Transport, the Vietnam Inland Waterways Administration and localities have taken specific measures in planning and restoring order, ensuring safety at ports and wharves under their jurisdiction.

However, management to restore order in cargo handling and passenger embarkation/disembarkation activities at ports and wharves remains a weak link. Safety monitoring of port and wharf operations has not been conducted regularly or continuously. The situation of unauthorized establishment of berths without planning and failing to meet safety regulations still exists extensively. Particularly, many wharves have vessels parked on land for cargo loading/unloading, causing damage and deformation to the vessels. Many ports and wharves handling cargo and passengers are located in areas protecting bridges or dangerous river sections affecting navigation routes; and posing safety risks to bridge structures, which need urgent resolution. In urban districts with dense populations, unauthorized construction material handling wharves operating there affect cityscape aesthetics and cause environmental pollution.

Therefore, reorganizing the order of inland waterway ports and wharves and strengthening management by relevant sectors at all levels is an urgent issue to bring these ports and wharves into legal operation while enhancing production efficiency and ensuring safety in production.

With this objective, the Ministry of Transport issues the following directive:

1 - Departments of Transport and Departments of Transport Infrastructure must assess the work of maintaining order and safety at inland waterway ports and wharves and supplement appropriate measures to create positive changes in this area. They should further intensify publicity and dissemination of Decree 40/CP to port owners, cargo handling operators, and passenger embarkation/disembarkation service providers to ensure compliance with regulations on managing inland waterway ports and wharves.

2 - Departments of Transport and Departments of Transport Infrastructure shall base their actions on Clause 2, Article 15 of Decree 40/CP to lead the inspection, review, classification, and reorganization of ports and wharves in line with local economic development needs; coordinate with inland waterway management agencies to develop plans for provincial People's Committees' approval of port and wharf planning within administrative territorial boundaries (attached model).

For any ports or wharves outside the plan, departments shall recommend that the Provincial People's Committee issue decisions on handling.

3 - Based on approved planning, the Vietnam Inland Waterways Administration, Departments of Transport, and Departments of Transport Infrastructure shall guide and urge permitted port and wharf owners to submit declaration documents for the Administration’s decision on central inland waterway routes; and Departments’ decisions on local inland waterway routes for operational ports and wharves.

4 - According to their responsibilities and authority, central and local inland waterways traffic inspection forces must firmly handle cases of port and wharf operations violating the Port and Wharf Management Regulations stipulated by the Ministry.

This is a key task that needs focused resolution in the current phase. The Ministry of Transport requests the Vietnam Inland Waterways Administration and Departments of Transport, and Departments of Transport Infrastructure to promptly organize and implement this Directive, regularly report results and recommendations for consideration and resolution by the Ministry.