Decree No. 14/2026/NĐ-CP Amending and supplementing certain articles of several decrees to reduce and simplify administrative procedures related to production and business activities under the management of the Ministry of Construction

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE TO REDUCE AND SIMPLIFY ADMINISTRATIVE PROCEDURES RELATED TO BUSINESS OPERATIONS UNDER THE JURISDICTION OF THE MINISTRY OF CONSTRUCTION

On the basis of 61/2014/QH13;

On the basis of Law on Local Administration Organization No. 72/2025/QH15;

On the basis of Law on Road Traffic Safety No. 36/2024/QH15;

On the basis of Civil Aviation Law of Vietnam No. 66/2006/QH11 amended and supplemented by Law No. 61/2014/QH13;

On the basis of Construction Law No. 50/2014/QH13 amended and supplemented by Law No. 62/2020/QH14;

On the basis of Enterprise Law No. 59/2020/QH14 amended and supplemented by Law No. 76/2025/QH15;

On the basis of Maritime Code No. 95/2015/QH13;

On the basis of Inland Waterway Transport Law No. 23/2004/QH11 amended and supplemented by Law No. 48/2014/QH13;

At the proposal of the Minister of Construction;

The Government issues this Decree to amend and supplement certain articles of Decrees to reduce and simplify administrative procedures related to business operations under the jurisdiction of the Ministry of Construction.

PART I

AMENDMENTS AND SUPPLEMENTS TO ARTICLE 6 OF THE DECREES ISSUED ON OCTOBER 19, 2009, NO. 87/2009/NĐ-CP, OF THE GOVERNMENT ON MULTIMODAL TRANSPORT (AMENDED AND COMPLEMENTED BY DECREES NO. 144/2018/NĐ-CP, ISSUED ON OCTOBER 16, 2018, OF THE GOVERNMENT AMENDING AND COMPLEMENTING DECREES ON MULTIMODAL TRANSPORT)

Article 1. Amend and supplement Article 6

“Article 6. Procedures for Issuing Business License for International Multimodal Transport

1. Enterprises, cooperatives, and foreign enterprises investing in Vietnam as stipulated in Clause 1 of Article 5 of this Decree shall submit one set of application documents directly at the One-Stop Service Unit of the Ministry of Construction, through postal service, or via the National Public Service Portal. The application package includes:

a) An original or electronic form of the application for a Business License for International Multimodal Transport according to the model prescribed in Appendix I issued together with this Decree;

b) One original or certified copy obtained from the original audited financial report. If the enterprise or cooperative does not conduct auditing, it must be guaranteed by a banking organization or other equivalent organizations or individuals; or have an alternative financial plan in accordance with the law.

2. Enterprises as stipulated in Clause 2 of Article 5 of this Decree shall submit one set of application documents directly at the One-Stop Service Unit of the Ministry of Construction, through postal service, or via the National Public Service Portal. The application package includes:

a) An original or electronic form of the application for a Business License for International Multimodal Transport according to the model prescribed in Appendix I issued together with this Decree;

b) A copy of the Certificate of Registration for International Multimodal Transport Business or equivalent documents issued by the competent authority of that country and legalized by consular certification;

c) An original of the Insurance Contract for Professional Liability in Multimodal Transport or equivalent guarantee.

3. In case the application for a Business License for International Multimodal Transport is incomplete as required, within three working days from the date of receipt of the application either directly or online or the postmark date, the Ministry of Construction must issue a written response to the enterprise specifying the reasons.

4. Within three working days from the date of receiving all required documents, the Ministry of Construction shall issue a Business License for International Multimodal Transport to the enterprise according to the model prescribed in Appendix III issued together with this Decree.

The Business License for International Multimodal Transport is valid for five years from the date of issuance.

5. If there is any change in one of the contents recorded in the Business License for International Multimodal Transport during its validity period, the international multimodal transport business operator must follow the procedures stipulated in Article 7 of this Decree to request a new Business License for International Multimodal Transport.

6. The issuing authority shall check the information about the Business Registration Certificate or Enterprise Registration Certificate on the National Portal for Enterprise Registration or the provincial Department of Finance's enterprise portal before issuing the Business License. If the business operation of international multimodal transport is not registered or the registration certificate code, enterprise name, or cooperative name is incorrect, the provisions of Clause 3 of this Article shall apply. If the information is correct and complete as required, the provisions of Clause 4 of this Article shall apply."

Article 2. Amend and supplement Article 7

“Article 7. Reissue of the International Multimodal Transport Business Permit

In cases where there is a change in one of the contents recorded in the International Multimodal Transport Business Permit during its validity period, or when the permit expires, is lost, destroyed, or damaged, the enterprise shall be reissued the International Multimodal Transport Business Permit. The procedures for reissuance are as follows:

1. Enterprises and cooperatives specified in Clause 1 and Clause 2 of Article 5 of this Decree shall submit one set of application documents for reissuing the International Multimodal Transport Business Permit directly at the single-window department of the Ministry of Construction, through postal services, or on the National Public Service Portal. The dossier includes:

a) An original or electronic form of the application for reissuing the International Multimodal Transport Business Permit according to the model prescribed in Appendix II issued together with this Decree;

b) One original or certified electronic copy from the original financial statement audited or an alternative financial plan according to the law or equivalent guarantee (in cases of reissuance due to expiration of the International Multimodal Transport Business Permit or changes in one of the contents recorded in the permit during its validity period).

2. Within two working days from the date of receiving the complete dossier as prescribed, the Ministry of Construction shall reissue the International Multimodal Transport Business Permit to the enterprise. In cases of reissuance due to expiration, the International Multimodal Transport Business Permit shall have a validity of five years from the date of issuance; in cases of reissuance due to changes in one of the contents recorded in the International Multimodal Transport Business Permit during its validity period or loss, destruction, or damage of the permit, the International Multimodal Transport Business Permit shall have a validity corresponding to the remaining period of the previously issued permit.

3. If the application dossier for reissuing the International Multimodal Transport Business Permit is not valid, within two working days from the date of receipt of the dossier directly or online or the date marked on the post office stamp, the Ministry of Construction must issue a written response to the enterprise and clearly state the reasons.

4. The issuing authority shall check information about the Enterprise Registration Certificate or Business Registration Certificate on the National Enterprise Registration Information Portal or the enterprise portal of the provincial finance departments before issuing the business permit. In cases where international multimodal transport business activities are not registered or the registration certificate code, enterprise name, or cooperative name is incorrect, the provisions of Clause 3 of this Article shall be implemented. In cases where the information is correct and complete according to the regulations, the provisions of Clause 2 of this Article shall be implemented.”

Article 3. Replace Appendix I, Appendix II, and Appendix III issued together with Decree No. 87/2009/NĐ-CP respectively with Appendix I, Appendix II, and Appendix III issued together with this Decree.

Article 4. Transitional Provisions

For dossiers submitted to the competent authority before the effective date of this Decree for issuing and reissuing the International Multimodal Transport Business Permit, the administrative procedures shall continue to be handled according to the provisions of Government Decree No. 87/2009/NĐ-CP dated October 19, 2009 on Multimodal Transport (amended and supplemented by Government Decree No. 144/2018/NĐ-CP dated October 16, 2018 amending and supplementing several Decrees on Multimodal Transport).

Article 5. Supplement Article 4a following Article 4

“Article 4a. Principles for implementing administrative procedures

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter II

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 62/2016/ND-CP OF THE GOVERNMENT ON CONDITIONS FOR LEGAL APPRAISAL ACTIVITIES IN CONSTRUCTION AND SPECIALIZED TESTING IN CONSTRUCTION (AMENDED AND COMPLEMENTED BY DECREE NO. 35/2023/ND-CP OF THE GOVERNMENT)

Article 6. Amending and supplementing the name of the Decree

DECREE

ON SPECIALIZED TESTING IN CONSTRUCTION

Article 7. Amending and supplementing Article 1

“Article 1. Scope of Regulation and Applicability

This Decree stipulates specialized testing activities in construction applicable to domestic organizations and individuals, foreign organizations and individuals participating in construction activities within the territory of Vietnam.

Article 8. Amending and supplementing Article 5

“Article 5. Conditions for organizations engaged in specialized construction testing activities

1. Organizations engaged in specialized construction testing activities as prescribed in this Decree are business organizations providing specialized construction testing services and construction project monitoring that meet the capacity requirements set forth in Clause 2 of this Article.

2. The capacity conditions for organizations engaged in specialized construction testing activities include:

a) Being an organization established in accordance with the law;

b) Meeting the general requirements of the national standard TCVN ISO/IEC 17025:2017 or the international standard ISO/IEC 17025:2017 and satisfying specific requirements appropriate to self-declared test indicators;

c) The direct manager of specialized construction testing activities must have graduated from a university in a relevant field corresponding to one of the testing areas of the organization;

d) Having testing personnel who must have completed secondary education or higher and possess relevant training certificates for each testing area.

Article 9. Amending and supplementing Article 5b

“Article 5b. Specialized Construction Testing Laboratory and On-Site Testing Station

1. A specialized construction testing laboratory is a unit directly under an organization engaged in specialized construction testing activities, including human resources (laboratory director, deputy director, testing technicians) and equipment and tools arranged in a dedicated space to provide conditions for conducting specialized construction testing activities.

2. An on-site testing station is a unit directly under a specialized construction testing laboratory, established by an organization engaged in specialized construction testing activities to serve testing activities for specific construction projects during the construction period. The on-site testing station is equipped with human resources, equipment, and tools, meeting spatial and testing condition requirements similar to those of a specialized construction testing laboratory, corresponding to the tests conducted.

3. Based on the actual requirements of each specific construction project, an organization engaged in specialized construction testing activities issues a Decision to establish an on-site testing station. The Decision to establish an on-site testing station must clearly state the address and include a list of tests, personnel, and equipment transferred. The Decision to establish an on-site testing station is sent to the project owner or the individual or organization authorized by the project owner to verify compliance with the tests performed on the project. Inspection records are prepared before testing activities commence; if an on-site testing station serves multiple projects simultaneously, this must be clearly stated in the Decision to establish the on-site testing station or a supplementary Decision must be issued.

4. Testing equipment at an on-site testing station must be calibrated and verified at the location of the on-site testing station in accordance with the law on measurement before conducting tests.

Article 10. Supplement Article 5c following Article 5b

“Article 5c. Public disclosure of information on the capacity for specialized construction testing activities

1. Organizations conducting specialized construction testing activities shall publicly disclose information about their capacity to meet the conditions for specialized construction testing activities, including specialized construction laboratories and field testing stations (if any), on their own websites and send such disclosed information (including information when ceasing operations) to the Construction Departments at the locations where their main offices and field testing stations are located for publication on the Construction Department's website. The organization shall be responsible under the law for the completeness and accuracy of the self-disclosed information. The contents of the disclosed and publicized information include:

a) Information about the organization conducting specialized construction testing activities: name of the organization conducting specialized construction testing activities, business registration certificate, fixed telephone number, email address, laboratory name, laboratory location, and field testing station location (if any);

b) Information about the capacity of the organization conducting specialized construction testing activities: list of test indicators; technical standards corresponding to the implementation of test indicators; machinery and equipment for implementing test indicators; testers for implementing published test indicators.

2. The Construction Department shall be responsible for inspecting and handling violations in the implementation of regulations regarding the conditions and maintenance of capacity for organizations participating in specialized construction testing activities within its jurisdiction.

Article 11. Amend and supplement Article 8a

“Article 8a. Responsibilities of agencies, organizations, and individuals in specialized construction testing activities

1. The Ministry of Construction shall be responsible for inspecting the management of specialized construction testing activities in localities in accordance with the provisions of the law.

2. People's Committees of provinces and centrally governed cities shall be responsible for state management of specialized construction testing activities, directing the establishment of databases on organizations conducting specialized construction testing activities within their jurisdictions; inspecting the operation of organizations conducting specialized construction testing activities within their jurisdictions.

3. The Construction Department shall be responsible for:

a) Receiving and publishing information from organizations conducting specialized construction testing activities on its website;

b) Implementing inspections of specialized construction laboratories and field testing stations in the locality, and organizations conducting specialized construction testing activities (if any) according to the provisions of the law;

c) Regularly updating data on organizations' self-disclosed capacity for specialized construction testing activities and reporting annually before December 25 on the management of state activities related to specialized construction testing in the locality to the website http://nangluchdxd.gov.vn managed by the Ministry of Construction.

4. Responsibilities of organizations conducting specialized construction testing activities:

a) Ensuring and maintaining regularly the conditions stipulated in Article 5 of this Decree;

b) Shall be responsible for implementing the requirements of the management agency, Construction Department as stipulated in Clause 1 of this Article;

c) Shall be responsible under the law for the completeness and accuracy of self-disclosed information and specialized construction testing activities of the organization; re-disclosing information in case of any changes in capacity-related information compared to previously disclosed information;

d) Conducting proficient testing or inter-laboratory comparisons of specialized construction laboratories/test laboratories in accordance with the law on conformity assessment;

đ) Reporting annually before December 15 on the activities of specialized construction laboratories and field testing stations to the Construction Department for consolidation and reporting as required;

e) Other responsibilities as prescribed by law.

Article 12. Repeal certain Articles and Appendices issued together with Decree No. 62/2016/ND-CP dated July 1, 2016 of the Government (amended and supplemented by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government).

1. Repeal Article 2, Article 3, Article 4.

2. Repeal Article 6 and Article 7.

3. Repeal Appendix I and Appendix II issued together with Decree No. 62/2016/ND-CP (amended and supplemented by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government).

4. Repeal Appendix IV and Appendix V issued together with Decree No. 62/2026/ND-CP (supplemented by Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government).

5. Repeal Clause 1, Clause 2, Clause 3 of Article 8, Clause 5 of Article 16 of Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government.

Article 13. Amend and supplement Article 8.

“Article 8. Transitional Provisions

The certificate of eligibility for construction materials testing activities already issued to organizations in accordance with regulations shall become invalid ninety days from the date this Decree takes effect. Within this period, organizations participating in construction materials testing activities must publicly disclose information in accordance with this Decree.”

Article 14. Amend Appendix III issued together with Decree No. 62/2016/ND-CP

"The test result report established by the organization conducting construction materials testing activities must include the following basic information and contents:

1. Name and address of the organization conducting construction materials testing activities.

2. Address of the laboratory.

3. Economic contract number or request document of the requesting organization.

4. Project name/construction work/sub-work being surveyed, sampled, and tested. For tests serving research/self-quality inspection by manufacturers, the purpose of the test must be clearly stated.

5. Type of sample.

6. Testing standard.

7. Test results.

8. Date of issuance of the test result report.

9. Signature of the tester and supervisor."

Chapter III

AMEND AND SUPPLEMENT CERTAIN ARTICLES OF DECREE NO. 06/2021/ND-CP DATED JANUARY 26, 2021 OF THE GOVERNMENT ON DETAILING SOME CONTENTS REGARDING QUALITY MANAGEMENT, CONSTRUCTION WORK, AND MAINTENANCE OF BUILDINGS (AMENDED AND SUPPLEMENTED BY DECREE NO. 35/2023/ND-CP DATED JUNE 20, 2023 AND DECREE NO. 175/2024/ND-CP DATED DECEMBER 30, 2024 OF THE GOVERNMENT)

Article 15. Amend and supplement point b clause 6 Article 24

“b) The specialized agency on construction shall conduct inspections according to the contents stipulated in point b clause 4 of this Article; if the construction project has not been inspected during the construction process as stipulated in clause 5 of this Article, it shall conduct inspections according to the contents stipulated in clause 4 of this Article; issue a document approving the project owner's acceptance results in accordance with Appendix VII issued together with this Decree or issue a document disapproving the project owner's acceptance results specifying the remaining issues that need to be addressed. The specialized agency on construction shall not exceed twenty working days for Class I and special class projects and fourteen working days for other projects from the date of receipt of the inspection request file;”

Article 16. Amend and supplement Point e Clause 1 Article 38

“e) Submit one copy of the safety assessment report on construction works to the competent state agency in accordance with Clause 4 Article 39 of this Decree. The template for the safety assessment report on construction works is prescribed in Appendix X attached to this Decree;”.

Article 17. Amend and supplement Clause 3 Article 39

“3. Within ten working days from the date of receipt of the safety assessment report on construction works submitted by the owner or manager/user of the construction work in accordance with Point e Clause 1 Article 38 of this Decree, the competent state agency shall accept the safety assessment report on construction works, review it, and notify the opinion on the safety assessment results to the owner or manager/user of the construction works as follows:

a) Approve the safety assessment report; request the owner or manager/user of the construction works to implement the recommendations of the safety assessment organization so that the construction works meet the safety requirements;

b) Not approve the safety assessment report if the implementation content and report results do not meet the requirements; request the owner or manager/user of the construction works to organize a re-assessment or supplementary assessment;

c) In case the assessment results show that the construction works do not ensure safety conditions, request the owner or manager/user of the construction works to comply with the provisions of Article 40 of this Decree;

d) The template for notifying opinions on the safety assessment results on construction works is prescribed in Appendix Xb attached to this Decree.”.

Article 18. Amend and supplement Point c Clause 4 Article 41

“c) Submit one copy of the report on the implementation of the tasks specified in Points a and b of this clause to the competent state agency prescribed in Clause 4 Article 39 of this Decree and other competent state agencies in accordance with relevant laws for consideration and comments on extending the service life of the construction works, except for individual houses. The report of the owner or manager/user of the construction works is prescribed in Appendix Xc attached to this Decree; the document containing the comments on extending the service life of the construction works by the competent state agency is prescribed in Appendix Xd attached to this Decree. The time limit for considering and commenting on extending the service life of the construction works by the competent state agencies is ten working days from the date of receipt of the report;”.

Article 19. Supplement Appendix Xa, Appendix Xb, Appendix Xc, Appendix Xd to Appendix X following Appendix IX respectively by Appendix IVa, Appendix IVb, Appendix IVc, Appendix IVd at Appendix IV issued together with this Decree.

Article 20. Add Article 9a after Article 9

"Article 9a. Principles for implementing administrative procedures

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Article 21. Transitional Provisions

For applications for administrative procedures submitted before the effective date of this Decree, the time limit for issuing decisions on administrative procedures by specialized agencies on construction shall be implemented in accordance with Decree No. 06/2021/NĐ-CP of January 26, 2021 of the Government detailing certain contents regarding quality management, construction activities, and maintenance of construction works (amended and supplemented by Decree No. 35/2023/NĐ-CP of June 20, 2023 and Decree No. 175/2024/NĐ-CP of December 30, 2024 of the Government).

Chapter IV

AMEND AND SUPPLEMENT CERTAIN ARTICLES OF DECREE NO. 175/2024/NĐ-CP OF DECEMBER 30, 2024 OF THE GOVERNMENT DETAILING CERTAIN PROVISIONS AND MEASURES FOR IMPLEMENTATION OF THE CONSTRUCTION LAW ON MANAGEMENT OF CONSTRUCTION ACTIVITIES

Article 22. Amend Point c Clause 2 Article 76

“c) Fifteen days for cases of issuing conversion certificates as provided for in Point c Clause 1 Article 75 of this Decree.”

Article 23. Amend and supplement Article 110

“Article 110. Publishing information on professional capacity for construction activities

1. Information on professional capacity for construction activities of individuals who have been issued practice certificates must be publicly published on the electronic information website managed by the authority issuing the certificate and integrated into the electronic information website http://www.nangluchdxd.gov.vn managed uniformly by the Ministry of Construction.

2. Within no more than five days from the date of issuance of the certificate, the authority issuing the practice certificate shall be responsible for publishing information on professional capacity for construction activities of individuals on its managed electronic information website, while simultaneously integrating the information on the electronic information website http://www.nangluchdxd.gov.vn.”

Article 24. Amend and supplement some Clauses of Article 7

1. Amending and supplementing Clause 4 as follows:

“4. Sample forms, declaration forms, components of files containing information already in the national population database or specialized databases shall be replaced with data when the national population database or specialized databases are operational.”

2. Supplement Clause 6a following Clause 6 as follows:

“6a. The results of administrative procedures are delivered electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall be responsible for delivering both the electronic copy and the paper copy simultaneously. Electronically delivered results of administrative procedures have the same legal effect as those delivered in paper form.”

Article 25. Transitional Provisions

Individuals who have submitted applications for converting practice certificates before the effective date of this Decree shall be considered for issuance according to the provisions of Decree No. 175/2024/NĐ-CP dated December 30, 2024 of the Government detailing certain articles and implementing measures of the Construction Law regarding construction activity management.

Chapter V

AMEND AND SUPPLEMENT SOME ARTICLES OF DECREE NO. 58/2017/NĐ-CP DATED MAY 10, 2017 OF THE GOVERNMENT DETAILING CERTAIN PROVISIONS OF THE VIETNAM MARITIME CODE ON MARITIME ACTIVITY MANAGEMENT (AMENDED AND COMPLEMENTED BY DECREE NO. 76/2021/NĐ-CP DATED JULY 28, 2021; DECREE NO. 69/2022/NĐ-CP DATED SEPTEMBER 23, 2022; DECREE NO. 74/2023/NĐ-CP DATED OCTOBER 11, 2023; DECREE NO. 34/2025/NĐ-CP DATED JANUARY 25, 2025 OF THE GOVERNMENT)

Article 26. Amend and supplement Article 6

“Article 6. Agreement on positions, detailed technical specifications of seaports, wharfs, piers, shipping channels

1. Before approving the investment project, the investor sends online through the National Public Service Portal or via postal service or directly to the Vietnam Maritime Administration and Inland Waterway Administration the application file for agreement on positions, detailed technical specifications of seaports, wharfs, piers, floating docks, shipping channels. The file includes:

a) Original or electronic form of the document requesting agreement on positions, detailed technical specifications of seaports, wharfs, piers, floating docks, shipping channels according to Model No. 01 stipulated in the Appendix promulgated together with this Decree;

b) Copy or electronic copy of the document approving the investment proposal of the competent authority as prescribed in Clause 4 Article 4 of this Decree;

c) Original or electronic copy or certified electronic copy from the original or certified electronic copy from the original land registry map showing the coordinates of the main works and other auxiliary works, distances from the edge of the works to adjacent works;

d) Copy or electronic copy of legal documents on the research area (specific coordinates of the boundary of the area).

2. Within no more than two working days from the date of receipt of the complete file from the investor, the Vietnam Maritime Administration and Inland Waterway Administration shall issue a document seeking opinions from relevant agencies on the investor's request. Within two working days from the date of receipt of the document requesting opinions along with related files, the relevant agencies shall send their opinions in writing to the Vietnam Maritime Administration and Inland Waterway Administration.

3. Within no more than three working days from the date of receipt of all opinions from relevant agencies on the investor's request, the Vietnam Maritime Administration and Inland Waterway Administration shall issue an agreement on positions, detailed technical specifications and send it directly or through the postal service or through the online public service system or by other appropriate means to the investor. In case of non-approval, the Vietnam Maritime Administration and Inland Waterway Administration must provide a written response stating the reasons.

4. Prior to commencing construction of seaports, wharfs, piers, shipping channels, the investor shall submit to the Vietnam Maritime Administration and Inland Waterway Administration a copy of the decision on construction investment along with the overall layout plan and a copy of the decision approving the design for construction to facilitate management.”.

Article 27. Amending and supplementing Point a Clause 6 Article 8

“a) For the Maritime Safety Assurance Plan prescribed in Points a and c Clause 2 of this Article:

The Marine Port Control Office or the Inland Waterway Port Control Office (under the Vietnam Marine Administration and Inland Waterway Administration) managing the area where the application is received shall guide the completion of the application in accordance with this Decree within the latest three working days from the date of receipt of the application if it is not valid; in case the application is valid, the Port Control Office shall seek opinions from maritime safety assurance enterprises, marine pilots, and other relevant agencies and units within the latest one working day from the date of receipt of the application. Within two working days from the date of receiving the request for opinion together with related documents, the relevant enterprises, agencies, and units must provide their opinions in writing to the Port Control Office;

Within the latest two working days from the date of receiving the opinions of the relevant enterprises, agencies, and units, the Port Control Office must issue a decision approving the Maritime Safety Assurance Plan according to Model No. 2a stipulated in the Appendix issued together with this Decree and deliver the result on the National Public Service Portal or through the postal service or directly to the project investor. In case the plan is not approved, the Port Control Office must provide a written response to the project investor and clearly state the reasons.”

Article 28. Amending and supplementing Article 13

“Article 13. Procedures for announcing the opening of seaports, offshore oil ports, and putting navigational channels into use

1. The project investor submits one set of documents on the National Public Service Portal or through postal services or directly to the Vietnam Marine Administration and Inland Waterway Administration. The documents include:

a) Original or electronic form of the Request for Announcing the Opening of Seaports and Offshore Oil Ports according to Model No. 04 stipulated in the Appendix issued together with this Decree;

b) Copy or electronic copy of the Acceptance Certificate of seaport construction projects, offshore oil port construction projects, and navigational channels (in cases where navigational channels are announced at the same time as the opening of seaports), which have been completed and put into operation, accompanied by a document approving the acceptance results of the project put into operation in accordance with regulations, final drawings of the site plan, elevation view, and cross-section of the seaport construction project; for offshore oil ports, there is no requirement for the elevation view and cross-section of the seaport construction project;

c) Copy or electronic copy of the Acceptance Record between the project investor and competent authorities or organizations regarding the results of underwater obstacle surveys in front of the wharf and navigational channels, except for offshore oil ports;

d) Copy or electronic copy of the Notice to Mariners about navigational channels and waters in front of the wharf, accompanied by charts; for offshore oil ports, the Notice to Mariners about the safe zone around the offshore oil port;

đ) Copy or electronic copy of the Decision Approving the Emergency Oil Spill Response Plan for offshore oil ports.

2. The Vietnam Marine Administration and Inland Waterway Administration receives the application, guides the project investor to complete the application in accordance with this Decree if it is not valid. If the application is valid, the Vietnam Marine Administration and Inland Waterway Administration shall seek opinions from the People's Committee of the province where the seaport or offshore oil port is located within the latest two working days from the date of receipt of the application. Within two working days, the People's Committee of the province where the seaport or offshore oil port is located shall reply to the Vietnam Marine Administration and Inland Waterway Administration. Within the latest two working days from the date of receiving the opinions of the People's Committee of the province where the seaport or offshore oil port is located, the Vietnam Marine Administration and Inland Waterway Administration shall request the Ministry of Construction to announce the seaport or offshore oil port according to Model No. 05 stipulated in the Appendix issued together with this Decree and send it to the project investor on the National Public Service Portal or through postal services or the project investor can come directly to the Ministry of Construction to collect it.

3. Within the latest two working days from the date of receiving the request from the Vietnam Marine Administration and Inland Waterway Administration, the Ministry of Construction shall announce the opening of seaports and offshore oil ports according to Model No. 05 stipulated in the Appendix issued together with this Decree and send it to the project investor on the National Public Service Portal or through postal services or the project investor can come directly to the Ministry of Construction to collect it.”

Article 29. Amending and supplementing Clause 2 of Article 16

"2. Procedures for announcing the closure of seaports and offshore oil ports:

a) Procedures for announcing the closure of seaports as stipulated at point a, Clause 1 of this Article:

In case of emergency, the Ministry of Construction decides to close the seaport according to Model No. 09 prescribed in the Appendix attached to this Decree and report to the Prime Minister. For other cases, within the latest two working days from the date of receipt of the document requesting the closure of the seaport, the Ministry of Construction shall organize the collection of opinions from relevant agencies on the closure of the seaport and announce the closure of the seaport according to Model No. 09 prescribed in the Appendix attached to this Decree. Within the latest two working days from the date of receipt of the document soliciting opinions on the request for closure of the seaport from the Ministry of Construction, relevant agencies shall send their participation opinions in writing to the Ministry of Construction. Within the latest one working day from the date of receipt of all participation opinions from relevant agencies on the request for closure of the seaport, the Ministry of Construction shall announce the closure of the seaport according to Model No. 09 prescribed in the Appendix attached to this Decree; if not agreeing, the reasons must be clearly stated.

b) Procedures for announcing the closure of seaports as stipulated at points b and c, Clause 1 of this Article:

The person making the request shall submit one original copy or an electronic form of the document requesting the announcement of the closure of the seaport to the National Public Service Portal or through postal service or directly to the Ministry of Construction according to Model No. 10 prescribed in the Appendix attached to this Decree. The Ministry of Construction shall accept the document; if the document is not valid, the Ministry of Construction shall guide the completion of the document according to the regulations of this Decree within the latest one working day from the date of receipt of the document. If the document is valid, the Ministry of Construction shall organize the collection of opinions from related agencies on the closure of the seaport within the latest one working day from the date of receipt of the document. Within the latest one working day from the date of receipt of the document soliciting opinions on the request for closure of the seaport from the Ministry of Construction, related agencies shall send their participation opinions in writing to the Ministry of Construction. Within the latest one working day from the date of receipt of all participation opinions from related agencies on the request for closure of the seaport, the Ministry of Construction shall announce the closure of the seaport according to Model No. 09 prescribed in the Appendix attached to this Decree; if not agreeing, the reasons must be clearly stated."

Article 30. Amending and supplementing Article 17

"Article 17. Closing wharves, bridges, mooring buoys, and water areas, zones

1. Wharves, bridges, mooring buoys, and water areas, zones in the seaport waters shall be closed when meeting one of the following conditions:

a) Wharves, bridges, mooring buoys, water areas, zones no longer exist or do not meet the conditions for operation;

b) Wharves, bridges, mooring buoys, and water areas, zones operate inefficiently;

c) For reasons of national defense, security, or other special reasons.

2. The owner shall implement the closure of wharves, bridges, mooring buoys, water areas, zones under their ownership.

3. Before ceasing the exploitation of wharves, bridges, mooring buoys, water areas, zones, the owner has the responsibility to notify in writing to the Vietnam Maritime Administration and Inland Waterway Administration (or the Inland Waterway Port Office under the Vietnam Maritime Administration and Inland Waterway Administration) managing the area to serve management work.

4. After closing wharves, bridges, mooring buoys, water areas, zones, the investor has the responsibility:

a) To notify in writing to the Vietnam Maritime Administration and Inland Waterway Administration (or the Inland Waterway Port Office under the Vietnam Maritime Administration and Inland Waterway Administration) managing the area about the closure of wharves, bridges, mooring buoys, water areas, zones (specifying the closure time);

b) To carry out the dismantling, recovery, or disposal of facilities and equipment attached to the facilities according to regulations."

Article 31. Amending and supplementing Clause 4 of Article 25

“4. When the operation period specified in Clause 2 of this Article expires, if there is a need to continue using it, the investor must implement the establishment of temporary port infrastructure according to the provisions of this Article.”

Article 32. Amending and supplementing Article 41

“Article 41. Putting maritime signals into use

The investor shall put maritime signals into use after completing the following tasks: acceptance of maritime signal installation, survey and clearance of navigational obstacles (for new shipping channels), and maritime notification about the new installation of maritime signals according to regulations.

After putting maritime signals into use, the investor shall send a copy of the document on putting maritime signals into use to the Vietnam Maritime Administration and Inland Waterways for management purposes.”

Article 33. Amending and supplementing Article 48

“Article 48. Procedures for announcing maritime notifications regarding the establishment of new maritime signals

1. The investor or operator shall submit one set of application files for announcing maritime notifications on the National Public Service Portal or through postal services or directly to the competent authority for announcing maritime notifications as stipulated in Article 45 of this Decree. The file includes:

a) An original or electronic form Application Form of the investor or operator according to Model No. 31 prescribed in the Appendix issued together with this Decree;

b) A copy or electronic copy of the approval document of the competent authority regarding the installation of maritime signals;

c) A copy or electronic copy of the technical design;

d) A copy or electronic copy of the Acceptance Certificate for the completion and handover of the project for use.

2. The procedures for receiving and processing the file are as follows:

a) If the file is not valid, within two working days from the date of receipt of the file, the competent authority for announcing maritime notifications shall guide the completion of the file according to the provisions of this Decree;

b) If the file is valid, within three working days from the date of receipt of all files, the competent authority for announcing maritime notifications shall be responsible for checking the file and announcing the maritime notification; if not announced, a reply document must be provided with clear reasons.”

Article 34. Amending and supplementing Article 50

“Article 50. Procedures for periodically announcing maritime notifications regarding technical parameters of shipping channels, waters before the wharf, and areas of water

1. For dedicated shipping channels, waters before the wharf, and dedicated cargo transfer areas that are periodically announced: The investor or operator shall submit one set of application files for announcing maritime notifications on the National Public Service Portal or through postal services or directly to the competent authority for announcing maritime notifications as stipulated. The file includes:

a) An original or electronic form Application Form of the investor or operator according to Model No. 31 prescribed in the Appendix issued together with this Decree;

b) A copy or electronic copy of the Survey Result Acceptance Record;

c) A copy or electronic copy of the Depth Survey Map completed within a maximum of 15 days from the submission date, along with the survey report and related materials collected at the site.

2. The procedures for receiving and processing the file are as follows:

a) If the file is not valid, within two working days from the date of receipt of the file, the competent authority for announcing maritime notifications shall guide the completion of the file according to the provisions of this Decree;

b) Within three working days from the date of receipt of a valid file, the competent authority for announcing maritime notifications shall be responsible for checking the file and announcing the maritime notification; if not announced, a reply document must be provided with clear reasons.

3. For maritime notifications regarding technical parameters of public shipping channels, areas of water (excluding dedicated cargo transfer areas) that are periodically announced, the organization authorized to issue maritime notifications shall announce the maritime notification after receiving the Survey Result Acceptance Record, Depth Survey Map, survey report, and related materials collected at the site.”

Article 35. Amending and Supplementing Article 51

"Article 51. Procedures for the first publication of maritime notices regarding technical parameters of shipping channels, waters in front of wharves, and areas, waters after construction, dredging maintenance, improvement, and upgrading

1. The project investor or operator shall submit one set of application documents for the publication of maritime notices on the National Public Service Portal or through postal services or directly to the competent authority responsible for publishing maritime notices as prescribed. The documents shall include:

a) An original or electronic form Application Form of the investor or operator according to Model No. 31 prescribed in the Appendix issued together with this Decree;

b) A copy or electronic copy of the document from the competent authority confirming compliance with the marine port planning;

c) A copy or electronic copy of the technical design approved by the competent authority;

d) A copy or electronic copy of the completion drawings;

đ) A copy or electronic copy of the Acceptance Certificate for the handover of the completed works for use;

e) A copy or electronic copy of the Inspection Report on survey results and obstacle clearance;

g) A copy or electronic copy of the Survey Chart of water depths conducted within a maximum period of 15 days from the date of submission of the application documents, survey reports, and related materials collected at the site;

h) A copy or electronic copy of the Obstacle Clearance Survey Line Chart.

2. The procedures for receiving and processing the file are as follows:

a) If the file is not valid, within two working days from the date of receipt of the file, the competent authority for announcing maritime notifications shall guide the completion of the file according to the provisions of this Decree;

b) In case the application documents are valid, the competent authority responsible for publishing maritime notices shall check the documents and publish the maritime notice within three working days from the date of receipt of all documents; if not published, a written response must be provided stating the reasons."

Article 36. Amending and Supplementing Article 52

"Article 52. Procedures for the publication of maritime notices regarding construction sites on the sea or on shipping channels

1. The project investor or operator shall submit one set of application documents on the National Public Service Portal or through postal services or directly to the competent authority responsible for publishing maritime notices as prescribed. The documents shall include:

a) An original or electronic form Application Form of the investor or operator according to Model No. 31 prescribed in the Appendix issued together with this Decree;

b) A copy or electronic copy of the technical design approved by the competent authority;

c) A copy or electronic copy of the document approving the commencement of construction activities issued by the competent authority;

d) A copy or electronic copy of the layout plan or construction floor plan;

đ) A copy or electronic copy of the Maritime Safety Assurance Plan approved by the competent authority;

e) A copy or electronic copy of the main technical parameters of the construction vessels.

2. The procedures for receiving and processing the file are as follows:

a) If the file is not valid, within two working days from the date of receipt of the file, the competent authority for announcing maritime notifications shall guide the completion of the file according to the provisions of this Decree;

b) In case the application documents are valid, the competent authority responsible for publishing maritime notices shall check the documents and publish the maritime notice within three working days from the date of receipt of all documents; if not published, a written response must be provided stating the reasons."

Article 37. Amending and Supplementing Article 53

"Article 53. Procedures for the publication of maritime notices regarding underwater structures and structures crossing shipping channels

1. The project investor or operator shall submit one set of application documents on the National Public Service Portal or through postal services or directly to the competent authority responsible for publishing maritime notices as prescribed to request the publication of maritime notices. The documents shall include:

a) An original or electronic form Application Form of the investor or operator according to Model No. 31 prescribed in the Appendix issued together with this Decree;

b) A copy or electronic copy of the technical design approved by the competent authority;

c) A copy or electronic copy of the completion drawings;

d) A copy or electronic copy of the Acceptance Certificate for the handover of the completed works for use;

đ) A copy or electronic copy of the Inspection Report on obstacle clearance results;

e) A copy or electronic copy of the main technical parameters of the structure.

2. The procedures for receiving and processing the file are as follows:

a) In case the application documents are incomplete, the competent authority responsible for publishing maritime notices shall guide the completion of the documents according to the provisions of this Decree within two working days from the date of receipt of the documents;

b) In case the application documents are valid, the competent authority responsible for publishing maritime notices shall check the documents and publish the maritime notice within three working days from the date of receipt of all documents; if not published, a written response must be provided stating the reasons."

Article 38. Amending and supplementing Clause 2 of Article 72

“2. Except for cases prescribed in Clauses 3 and 5 of this Article, the management of inland waterway vessels entering and leaving seaports shall be carried out in accordance with the provisions of the law on inland waterway transport.”

Article 39. Amending and supplementing Clause 3 of Article 83

“3. The person handling procedures, state management agencies shall implement the payment and collection of fees and charges for handling procedures and confirm the payment of fees and charges through electronic means in accordance with the provisions.”

Article 40. Amending and supplementing Article 105a

“Article 105a. Submarine Operation Area

1. Submarines are only permitted to operate diving activities within the submarine operation area that has been approved by the People's Committee of the province and assigned by the competent authority.

2. Procedure for approving the submarine operation area

a) An organization submits the application dossier on the National Public Service Portal or through postal service or directly to the People's Committee of the province;

b) The People's Committee of the province receives the dossier; if the dossier is not valid, it shall guide the organization to complete the dossier in accordance with the provisions of this Decree within three working days from the date of receipt of the dossier;

c) Within twenty days from the date of receiving the valid dossier, the People's Committee of the province issues a decision to approve according to Model No. 66 stipulated in the Appendix promulgated together with this Decree; if it does not approve, it must reply in writing and specify the reasons.

3. The dossier for requesting approval of the submarine operation area includes:

a) Original or electronic form of the Application Form according to Model No. 65 stipulated in the Appendix promulgated together with this Decree;

b) Original layout diagram of maritime signal installation;

c) Certified copy or electronic copy issued from the original book or certified electronic copy issued from the original Approval Document for investment project.

Article 41. Amending and supplementing Article 105d

"Article 105d. Procedure for Approving the Plan for Putting Submarines into Operation

1. An organization submits the application dossier on the National Public Service Portal or through postal service or directly one set of dossier to the Construction Department.

2. The Construction Department receives the dossier; if the dossier is not valid, it shall guide the organization to complete the dossier in accordance with the provisions of this Decree within three working days from the date of receipt of the dossier.

3. At the latest seven working days from the date of receiving the valid dossier, the Construction Department approves the Plan for Putting Submarines into Operation according to Model No. 68 stipulated in the Appendix promulgated together with this Decree; if it does not approve, it must issue a written response and specify the reasons.

4. The dossier for requesting approval of the Plan for Putting Submarines into Operation includes:

a) Original or electronic form of the Application Form for Approving the Plan for Putting Submarines into Operation according to Model No. 67 stipulated in the Appendix promulgated together with this Decree;

b) Copy or electronic copy of the Certificate of Registration and Inspection of Submarines;

c) Certified copy or electronic copy issued from the original book or certified electronic copy issued from the original Decision on Assigning Marine Areas;

d) Original Plan for Staffing Submarine Operations;

đ) Original Plan for Ensuring Maritime Safety and Security, Preventing Environmental Pollution, and Search and Rescue during Submarine Operations."

Article 42. Amending and supplementing Article 105d

“Article 105d. Termination of submarine operations

1. Cases for terminating submarine operations

a) Expiration of the submarine operation period as stipulated in the Plan for Submarine Operation Deployment that has been approved;

b) An organization permitted to exploit submarines does not operate within twelve months from the date of approval of the Plan for Submarine Operation Deployment;

c) Occurrence of accidents, incidents, or epidemics causing serious consequences to people and the environment;

d) For reasons of national defense and security;

đ) The organization exploiting submarines no longer requires exploitation or utilization thereof.

2. The Construction Department shall issue a decision to terminate submarine operations in cases specified in points a, b, c, and d of Clause 1 of this Article.

3. Documents and procedures for terminating submarine operations in the case specified in point đ of Clause 1 of this Article:

a) The organization exploiting submarine operations shall submit one original copy or electronic form of the Application Form according to Model No. 69 prescribed in the Appendix issued together with this Decree on the National Public Service Portal or through the postal service or directly to the Construction Department;

b) Within two working days from the date of receipt of the application, the Construction Department shall issue a decision to terminate submarine operations according to Model No. 70 prescribed in the Appendix issued together with this Decree.”

Article 43. Abolishing certain articles and clauses

1. Abolish Clause 5 of Article 25.

2. Abolish Articles 99 and 100.

Article 44. Replace Models No. 10, 65, 66, 67, 68, 69, and 70 in the Appendix issued together with Decree No. 58/2017/NĐ-CP with Models No. 10, 65, 66, 67, 68, 69, and 70 in Appendix V issued together with this Decree.

Article 45. Supplementing Article 3a after Article 3

"Article 3a. Principles for implementing administrative procedures"

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Article 46. Transitional Provisions

Administrative procedure application files submitted to competent authorities before the effective date of this Decree shall continue to be processed in accordance with the provisions of Government Decree No. 58/2017/NĐ-CP dated May 10, 2017 detailing certain provisions of the Vietnam Maritime Code on maritime activity management (amended and supplemented by Government Decrees No. 76/2021/NĐ-CP dated July 28, 2021; No. 69/2022/NĐ-CP dated September 23, 2022; No. 74/2023/NĐ-CP dated October 11, 2023; and No. 34/2025/NĐ-CP dated January 25, 2025 of the Government).

Chapter VI

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF GOVERNMENT DECREE NO. 70/2016/NĐ-CP DATED JULY 1, 2016 ON CONDITIONS FOR PROVIDING MARITIME SAFETY SERVICES (AMENDED AND SUPPLEMENTED BY GOVERNMENT DECREES NO. 147/2018/NĐ-CP DATED OCTOBER 24, 2018; NO. 69/2022/NĐ-CP DATED SEPTEMBER 23, 2022; AND NO. 34/2025/NĐ-CP DATED FEBRUARY 25, 2025 OF THE GOVERNMENT)

Article 47. Amending and supplementing Article 5

"Article 5. Conditions for providing services for establishing, operating, maintaining, and repairing maritime signals, water areas, sea zones, public maritime channels, and shipping routes

A business providing services for establishing, operating, maintaining, and repairing maritime signals, water areas, sea zones, public maritime channels, and shipping routes must be a state-owned enterprise holding 100% of the charter capital; its organizational and operational charter must be approved by the Minister of Construction."

Article 48. Amending and supplementing Article 6

"Article 6. Conditions for providing services to establish, operate, maintain, and repair maritime signals in areas, waters, and dedicated shipping channels

A business providing services to establish, operate, maintain, and repair maritime signals in areas, waters, and dedicated shipping channels must be a business established in accordance with the provisions of the law."

Article 49. Amending and supplementing Article 7

"Article 7. Conditions for providing services to survey areas, waters, public shipping channels, and maritime routes for publishing Maritime Notices

A business providing services to survey areas, waters, public shipping channels, and maritime routes for publishing Maritime Notices must be a state-owned enterprise holding 100% of the charter capital; its organizational and operational charter must be approved by the Minister of Construction."

Article 50. Amending and supplementing Article 8

"Article 8. Conditions for providing services to survey areas, waters, dedicated shipping channels for publishing Maritime Notices

A business providing services to survey areas, waters, dedicated shipping channels for publishing Maritime Notices must be a business established in accordance with the provisions of the law."

Article 51. Amending and supplementing Article 11

"Article 11. Conditions for providing services to regulate maritime safety in areas, waters, and public shipping channels

A business providing services to regulate maritime safety in areas, waters, and public shipping channels must be a state-owned enterprise holding 100% of the charter capital; its organizational and operational charter must be approved by the Minister of Construction."

Article 52. Amending and supplementing Article 12

"Article 12. Conditions for providing services to regulate maritime safety in areas, waters, and dedicated shipping channels

A business providing services to regulate maritime safety in areas, waters, and dedicated shipping channels must be a business established in accordance with the provisions of the law."

Article 53. Amending and supplementing Article 18

"Article 18. Conditions regarding human resources and material infrastructure

Businesses providing pilotage services must have a sufficient number of pilots of each category who have been issued certificates of operation areas corresponding to the assigned ship guiding routes. The determination of the minimum number of pilots of each category and the minimum number of vessels for picking up and dropping off pilots shall be carried out as follows:

1. The minimum number of pilots of each category shall be calculated based on the ship guiding route, the number of ships, and the tonnage of ships operating on the route in the three years prior (for newly opened ship guiding routes, the minimum number of pilots of each category shall be calculated based on the forecasted number of ships and tonnage of ships operating on the route in the first three years); the maximum number of working days per year for employees according to the law. The minimum number of pilots on each route must ensure sufficient demand for pilotage services and at least 10% reserve over the total number of pilots.

2. The minimum number of vessels for picking up and dropping off pilots shall be determined based on the annual number of ships guided by the pilotage business and the maritime conditions in the pilotage area.

3. The Vietnam Maritime Administration and Inland Waterways Administration shall publish the minimum number of pilots of each category and the minimum number of vessels for picking up and dropping off pilots for each ship guiding route; assign compulsory pilotage zones and ship guiding routes to pilotage service businesses according to the principle that one ship guiding route shall be handled by only one pilotage service business."

Article 54. Amending and supplementing Article 19

"Article 19. Procedures for assigning pilotage routes

1. The application dossier for assigning pilotage routes includes:

a) The original or electronic form of the Request Document according to Model No. 01 prescribed in the Appendix issued together with this Decree;

b) List of pilots;

c) Declaration of vessels used to transport and pick up pilots along with a copy or electronic copy of the Registration Certificate of such vessels.

2. Procedure for assigning pilotage routes:

a) The pilot company sends the dossier prescribed in Clause 1 of this Article through the National Public Service Portal or via postal service or directly to the Vietnam Maritime Administration and Inland Waterways Department;

b) In case of direct submission, if the dossier is complete, a receipt will be issued and a result delivery date will be set according to the prescribed time limit; if the dossier is incomplete, it will be returned immediately and the pilot company will be guided to complete the dossier;

c) In case of submission through the National Public Service Portal or via postal service, if the dossier is incomplete according to the regulations, within two working days from the date of receiving the dossier, the Vietnam Maritime Administration and Inland Waterways Department will send a document to the pilot company through the National Public Service Portal or via postal service, specifying the reasons and requesting supplementation and completion of the dossier;

d) Within three working days from the date of receiving a complete dossier according to the regulations, the Vietnam Maritime Administration and Inland Waterways Department will examine and appraise the dossier and seek approval from the Ministry of Construction. Within two working days from the date of receiving the request document from the Vietnam Maritime Administration and Inland Waterways Department, the Ministry of Construction will issue a reply document; in case of disapproval, a written reply must be provided with specific reasons for the Vietnam Maritime Administration and Inland Waterways Department to respond to the pilot company;

đ) Within two working days from the date of receiving approval from the Ministry of Construction, the Vietnam Maritime Administration and Inland Waterways Department will decide to assign pilotage routes to the pilot company."

Article 55. Amending and supplementing Article 23

"Article 23. Procedures for issuing Import Permits for Marine Signals

1. The application dossier for issuing Import Permits for Marine Signals includes:

a) A request document for importing marine signals, clearly stating the type, quantity, country of production, specifications, characteristics, functions, code marks, and usage period of each type; import period;

b) Certified translation of the Certificate of Origin issued by the competent authority of the producing country confirming that the marine signals have been tested in compliance with the International Maritime Organization's regulations;

c) Report on the implementation of the previous year's Import Permit by the organization or individual and the Import Permit tracking record of the Customs Sub-Department at the port of entry (if available).

2. Procedure for issuing permits:

a) Organizations or individuals submit the application dossier according to Clause 1 of this Article through the National Public Service Portal or via postal service or directly to the People's Committee of the province where the individual resides or where the organization's business office is located (hereinafter referred to as the People's Committee of the province);

b) In case of direct submission, if the dossier is complete, the People's Committee of the province will issue a receipt and set a result delivery date according to the prescribed time limit; if the dossier is incomplete according to the regulations, it will be returned immediately and the organization or individual will be guided to complete the dossier;

c) In case of submission through the National Public Service Portal or via postal service, if the dossier is incomplete according to the regulations, within two working days from the date of receiving the dossier, the People's Committee of the province will send a document to the organization or individual specifying the reasons and requesting supplementation and completion of the dossier;

d) Within nine working days from the date of receiving a valid dossier, the People's Committee of the province will issue the Import Permit according to Model No. 02 in the Appendix issued together with this Decree; in case of non-issuance of the Import Permit, the People's Committee of the province must provide a written reply specifying the reasons.

2. The People's Committee of the province shall not issue an Import Permit for marine signals in cases where the marine signals have exceeded their usage period or have unclear origin."

Article 56. Repealing Article 14, Article 16, Article 20, Article 21, Section 8 Chapter II.

Article 57. Replacing Model No. 02 in the Appendix issued together with Decree No. 70/2016/NĐ-CP with Model No. 02 in Appendix VI issued together with this Decree.

Article 58. Add Article 4a after Article 4

"Article 4a. Principles for implementing administrative procedures

1. In case the application forms, declaration forms, and dossier components contain information already available in the national population database or specialized databases, such information shall be replaced by the individual identification code or specialized code reflected in the application forms and declaration forms when the national population database or specialized databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter VII

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 78/2016/ND-CP OF JULY 1, 2016 ISSUED BY THE GOVERNMENT ON CONDITIONS FOR OPERATING TRAINING SERVICES FOR SEAFARERS AND INLAND WATERWAY VESSEL OPERATORS (AMENDED AND COMPLEMENTED BY DECREE NO. 128/2018/ND-CP OF SEPTEMBER 24, 2018; DECREE NO. 54/2022/ND-CP OF AUGUST 22, 2022 OF THE GOVERNMENT)

Article 59. Amend and supplement Article 10

“Article 10. Certificate of Eligibility for Operating Training Services for Seafarers and Inland Waterway Vessel Operators

1. The training institution shall be granted, reissued, or revoked the Certificate of Eligibility for Operating Training Services for Seafarers and Inland Waterway Vessel Operators (hereinafter referred to as the Certificate) in accordance with Articles 11, 12, 13, and 14 of this Decree by the competent state agency.

2. The Certificate shall be in Form No. 04 prescribed in the Appendix attached to this Decree.

3. The People's Committee of the province shall be responsible for issuing, reissuing, and revoking the Certificate of Eligibility for Operating Training Services for Seafarers and Inland Waterway Vessel Operators for institutions from type 4 and above within its jurisdiction."

Article 60. Amend and supplement Article 11

“Article 11. Documents for Application for the Certificate of Eligibility for Operating Training Services for Seafarers and Inland Waterway Vessel Operators

In cases of refusal, the State Bank will issue a document refusing approval to use foreign currency within the territory and clearly state the reasons.

1. Original or electronic declaration form of the training institution applying for the Certificate in Form No. 01 prescribed in the Appendix attached to this Decree.

2. Certified copy or copy with original for comparison or certified electronic copy from the original or electronic copy from the original record of diplomas, certificates of teachers and teacher contracts (employment contracts or labor contracts or guest lecturer contracts or other appropriate forms of contracts in accordance with the law).

3. Certified copy or copy with original for comparison or certified electronic copy from the original or electronic copy from the original record of documents proving ownership, usage rights, or lease agreements for classrooms, practice workshops, vessels, docks, inland waterway ports, water areas for practical teaching; registration and inspection documents of vessels still valid in accordance with the type, category, and duration of training."

Article 61. Amend and supplement Article 12

"Article 12. Procedures for Issuing New Certificates

1. A training institution that requests issuance of a Certificate shall submit one set of documents in accordance with Article 11 of this Decree through the National Public Service Portal or via postal service or directly to the competent authority specified in Clause 3 of Article 10 of this Decree. In case the submitted documents are not compliant, the competent authority must notify and guide the completion of the documents within two working days from the date of receipt of the documents.

2. The competent authority shall organize on-site inspections of the training institution, prepare records in Form No. 02 prescribed in the Appendix attached to this Decree. After completing the inspection, if all conditions are met, the competent authority shall issue the Certificate to the training institution within seven working days from the date of receipt of the compliant documents; in case the Certificate is not issued, the competent authority must provide a written response stating the reasons."

Article 62. Amending and supplementing Article 13

“Article 13. Reissuing the Certificate

1. The Certificate shall be reissued when it is lost, damaged, or when there is a change in the training facility's address or type.

2. Procedure for reissuing the Certificate when it is lost or damaged

The training facility shall submit a request for reissuing the Certificate according to Model No. 03 prescribed in the Appendix issued together with this Decree, through the National Public Service Portal, via postal service, or directly to the competent authority as stipulated in Clause 3, Article 10 of this Decree. Within five working days from the date of receipt of the request from the training facility, the competent authority shall reissue the Certificate to the training facility.

3. Procedure for reissuing the Certificate when there is a change in the training facility's address or type

a) The training facility shall submit one set of application documents through the National Public Service Portal, via postal service, or directly to the competent authority as stipulated in Clause 3, Article 10 of this Decree. The application documents shall include the components and quantities specified in Article 11 of this Decree (only including the changed contents compared to the most recent issuance of the Certificate). In case the application documents are not valid, within two working days from the date of receipt of the documents, the competent authority must issue a notification and guide the completion of the documents in accordance with this Decree;

b) The competent authority shall organize on-site inspection of the training facility and prepare an inspection report. After completing the inspection, if all conditions are met, within no more than five working days from the date of receipt of the valid application documents, the competent authority shall issue the Certificate to the training facility; in case the Certificate is not issued, a written response stating the reasons must be provided.”

Article 63. Responsibilities of the Ministry of Science and Technology Replace Models No. 01, 02, 03 in the Appendix issued together with Decree No. 78/2016/NĐ-CP respectively with Models No. 01, 02, 03 in Appendix VII issued together with this Decree.

Article 64. Supplementing Article 4a after Article 4

"Article 4a. Principles for implementing administrative procedures

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Article 65. Transitional Provisions

For applications for issuing or reissuing the Certificate of Business Conditions for Training Seafarers and Inland Waterway Vessel Operators that have been accepted by the competent authority before the effective date of this Decree, the administrative procedures shall continue to be processed in accordance with the provisions of Decree No. 78/2016/NĐ-CP.

Chapter VIII

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF DECREE NO. 160/2016/NĐ-CP OF THE GOVERNMENT ON CONDITIONS FOR DOMESTIC SEAGOING TRANSPORTATION BUSINESS, SEAGOING AGENCY BUSINESS, AND SEAGOING TUGGING SERVICES (AMENDED AND COMPLEMENTED BY DECREE NO. 147/2018/NĐ-CP OF THE GOVERNMENT)

Article 66. Amending and supplementing Article 5

“Article 5. Conditions for international seagoing transportation enterprises

In addition to the provisions of Article 4 of this Decree, international seagoing transportation enterprises must also provide guarantees as prescribed by law, with a minimum amount of five billion Vietnamese dong or purchase insurance to ensure the shipowner's obligations towards seafarers as prescribed.”

Article 67. Abolishing Article 6.

Chapter IX

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF DECREE NO. 171/2016/NĐ-CP OF THE GOVERNMENT ON REGISTRATION, DE-REGISTRATION, AND SALE, RECONSTRUCTION OF SEAGOING VESSELS (AMENDED AND COMPLEMENTED BY DECREE NO. 86/2020/NĐ-CP; DECREE NO. 247/2025/NĐ-CP OF THE GOVERNMENT)

Article 68. Amending and supplementing Article 8

“Article 8. Naming of Ships

1. The ship owner shall independently name the ship and such name must comply with the provisions set out in Article 21 of the Maritime Code of Vietnam 2015.

2. The ship owner shall update the ship's name in the Ship Registration Database of the Vietnam Marine and Inland Waterway Administration.

3. The Vietnam Marine and Inland Waterway Administration shall establish a Ship Name Database, and relevant agencies shall be responsible for searching the ship name data to carry out administrative procedures to issue certificates for ships.”

Article 69. Amending and supplementing some points of Clause 2, Article 12

1. Amend and supplement Point g as follows:

“g) In case the ship owner is a foreign organization, submit a copy of the license for establishing a branch or representative office in Vietnam (certified true copy or copy accompanied by the original for verification);”

2. Amend and supplement Point h as follows:

“h) In case the ship owner is a foreign individual, submit a passport (certified true copy or copy accompanied by the original for verification).”

Article 70. Amending and supplementing some clauses of Article 15

1. Amend and supplement Clause 2 as follows:

“2. The application dossier for registering changes includes:

a) An application form for registering changes according to Model No. 02 prescribed in the Appendix issued together with this Decree;

b) A certified true copy or copy accompanied by the original for verification or an electronic copy certified from the original: Certificate of ship classification, certificate of ship tonnage (in case of changes in technical specifications, functions of the ship, or ship inspection organizations);

c) In case the ship is mortgaged, an additional original document of consent from the mortgagee must be submitted.”

Article 4. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 17 of Decree No. 81/2018/NĐ-CP which has been amended and supplemented by Clause 3 of Article 1 of Decree No. 128/2024/NĐ-CP

“5. The ship owner shall pay the registration fee for ships in accordance with the regulations of the Ministry of Finance, either directly or transferred to the account of the ship registration authority or through the National Public Service Portal before receiving the result; return the original certificate of registration or the original cancellation certificate to the ship registration authority immediately after receiving the result if transferring the registration authority; bear all costs for sending the dossier, documents, and related transfer fees.”

Article 71. Supplementing Article 3a after Article 3

"Article 3a. Principles for implementing administrative procedures"

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter X

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO. 05/2017/ND-CP OF JANUARY 16, 2017 OF THE GOVERNMENT ON HANDLING SUBMERGED ASSETS ALONG INLAND WATERWAY ROUTES, PORT WATER AREAS, AND THE VIETNAMESE SEAS (AMENDED AND COMPLEMENTED BY DECREE NO. 69/2022/ND-CP OF SEPTEMBER 23, 2022 OF THE GOVERNMENT)

Article 72. Amending and supplementing Clause 3, Article 13

“3. In case the received dossier is not valid, the competent authority approving it must guide the applicant to complete the dossier in compliance with this Decree within the latest two working days from the date of receipt of the dossier. If the dossier is valid, the competent authority approving it must issue a decision on the salvage plan within no more than seven working days from the date of receipt of the dossier, and send it through the National Public Service Portal, postal service, or deliver it directly to the organization or individual; in case of non-approval, a response letter with detailed reasons must be issued.”

Article 73. Supplementing Article 6a after Article 6

“Article 6a. Principles for Administrative Procedures

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter XI

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO. 29/2017/ND-CP OF MARCH 20, 2017 OF THE GOVERNMENT ON CONDITIONS FOR MARITIME TRAINING INSTITUTIONS, TRAINING AND ORGANIZING RECRUITMENT AND SUPPLY OF SEAFARERS (AMENDED AND COMPLEMENTED BY DECREE NO. 147/2018/ND-CP OF OCTOBER 24, 2018; DECREE NO. 74/2023/ND-CP OF OCTOBER 11, 2023 OF THE GOVERNMENT)

Article 74. Amend and supplement some points and clauses of Article 7.

1. Amend and supplement point b clause 2 as follows:

“b) A copy or electronic copy of the Decision on establishment or permission for establishment of training institutions;”

2. Amend and supplement Clause 3 as follows:

“3. The Vietnam Maritime Administration shall accept the application dossier. In case the dossier is not valid, within three working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall issue a written guidance to the training institution to complete the dossier in accordance with this Decree. If the dossier is valid, within ten working days from the date of receipt of the dossier, the Vietnam Maritime Administration shall organize an actual inspection and issue the Certificate according to Model No. 03 stipulated in the Appendix attached hereto; if it does not issue the certificate, it must provide a written response stating the reasons.”

Article 75. Amend and supplement Clause 2 of Article 14.

“2. Organizations recruiting and supplying seafarers shall submit online on the National Public Service Portal or through postal service or directly to the Maritime and Inland Waterway Branch one Application Form requesting issuance of the Confirmation Certificate according to Model No. 04 stipulated in the Appendix attached hereto;

Within three working days from the date of receipt of the request, the Maritime and Inland Waterway Branch shall reissue the Confirmation Certificate and deliver the result on the National Public Service Portal or through postal service or directly to the organization recruiting and supplying seafarers; in case of non-approval, the Maritime and Inland Waterway Branch must provide a written response stating the reasons.”

Article 76. Add Article 3a to Article 3.

"Article 3a. Principles for implementing administrative procedures"

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter XII

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 37/2017/ND-CP OF THE GOVERNMENT DATED APRIL 4, 2017 ON CONDITIONS FOR BUSINESS OPERATIONS IN PORTS (AMENDED AND COMPLEMENTED BY DECREE NO. 147/2018/ND-CP OF THE GOVERNMENT DATED OCTOBER 24, 2018; DECREE NO. 69/2022/ND-CP OF THE GOVERNMENT DATED SEPTEMBER 23, 2022)

Article 77. Amend and supplement Article 7.

“Article 7. Conditions regarding material infrastructure and equipment

Meeting the conditions for safety, labor hygiene, fire prevention, and explosion prevention as prescribed by law.”

Article 78. Repeal Article 6, Article 10, Article 11, and Article 12.

Chapter XIII

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 143/2017/ND-CP OF THE GOVERNMENT DATED DECEMBER 14, 2017 ON PROTECTION OF MARITIME WORKS

Article 79. Amend and supplement Article 7.

“Article 7. Soliciting opinions on contents in planning affecting the protection zones of maritime works

1. When drafting specialized plans that affect the protection zones of maritime works, ministries and provincial People's Committees must solicit written opinions from the Ministry of Construction via the electronic system or directly or through postal service.

2. Within five working days from the date of receipt of the written opinions from ministries and provincial People's Committees, the Ministry of Construction shall issue a written response regarding the compatibility of the planning content with the protection zones of maritime works; if the planning content is incompatible with the protection zones of maritime works, the Ministry of Construction must guide the proposer on the protection zones of maritime works as prescribed.

3. Based on the participation opinions of the Ministry of Construction, ministries and provincial People's Committees shall be responsible for directing and guiding project owners, design contractors, construction contractors, and related organizations and individuals to comply with regulations on protecting maritime works as stipulated in this Decree and other relevant laws.”

Chapter XIV

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 16/2018/ND-CP OF THE GOVERNMENT DATED FEBRUARY 2, 2018 ON ANNOUNCEMENT OF MARITIME ROUTES AND NAVIGATION ROUTING IN VIETNAMESE MARITIME TERRITORIAL WATERS

Article 80. Amend and supplement Clause 3 of Article 10

“3. Within the latest 10 working days from the date of receiving a valid dossier as prescribed in Clause 2 of this Article, the Ministry of Construction shall issue and send a written approval to the person requesting through postal service or the investor to collect directly at the Ministry of Construction; in case of disapproval, it must be replied in writing and specify the reasons.”

Chapter XV

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 82/2019/ND-CP OF THE GOVERNMENT ON IMPORTING AND DEMOLISHING USED SHIPS (AMENDED AND COMPLEMENTED BY DECREE NO. 08/2022/ND-CP OF THE GOVERNMENT ON JANUARY 10, 2022 AND DECREE NO. 74/2023/ND-CP OF THE GOVERNMENT ON OCTOBER 11, 2023)

Article 81. Amend and supplement Article 9

"Article 9. Procedures for deciding to put ship dismantling facilities into operation

1. The owner of the ship dismantling facility submits one set of application dossier to put the ship dismantling facility into operation on the National Public Service Portal or through postal service or directly to the provincial People's Committee.

2. The application dossier to put the ship dismantling facility into operation includes:

a) A request to put the ship dismantling facility into operation according to Model No. 01 stipulated in the Appendix issued together with this Decree (original or electronic form);

b) Environmental permit of the ship dismantling facility owner issued by the competent state agency (certified copy or copy with original for comparison or electronic copy or electronic copy from the original book or certified electronic copy from the original);

c) Control procedures for hazardous factors and harmful factors and technical accident handling plans causing serious occupational safety and health risks (original or certified copy or electronic copy or certified electronic copy from the original);

d) Written approval of the fire prevention and fighting acceptance results by the police authority (certified copy or copy with original for comparison or electronic copy or electronic copy from the original book or certified electronic copy from the original).

3. Procedure for receiving and processing the dossier:

a) The provincial People's Committee receives the dossier, checks its compliance, and in case the dossier is not valid, within two working days from the date of receipt, the provincial People's Committee guides the ship dismantling facility owner to complete the dossier in accordance with this Decree;

b) Within three working days from the date of receiving a valid dossier, the provincial People's Committee decides to put the ship dismantling facility into operation according to Model No. 02 stipulated in the Appendix issued together with this Decree; in case of disapproval, it must reply in writing and specify the reasons. During the dossier processing period, the provincial People's Committee may conduct activities such as surveying and verifying information and data about the material conditions of the ship dismantling facility."

Article 82. Amend and supplement Article 10

"Article 10. Procedures for re-deciding to put ship dismantling facilities into operation

1. Re-decision to put ship dismantling facilities into operation when changing contents recorded in the Decision already issued.

2. The owner of the ship dismantling facility submits one set of application dossier to re-decide to put the ship dismantling facility into operation on the National Public Service Portal or through postal service or directly to the provincial People's Committee.

3. The application dossier to re-decide to put the ship dismantling facility into operation includes:

a) A request to re-issue the Decision to put the ship dismantling facility into operation according to Model No. 03 stipulated in the Appendix issued together with this Decree (original or electronic form);

b) Related documents concerning the changed content (certified copy or copy with original for comparison or electronic copy or electronic copy from the original book or certified electronic copy from the original).

4. The procedure for receiving and processing the dossier is carried out in accordance with Clause 3 of Article 9 of this Decree."

Article 83. Amending and Supplementing Article 11

"Article 11. Decision to Immediately Cease Operations of Shipbreaking Facilities

1. The People's Committee of the province shall decide to immediately cease operations of the facility in cases where shipbreaking facilities cause serious accidents or incidents with severe consequences for people and the environment, based on the proposal of competent state agencies.

2. Based on the recommendations and suggestions of competent state agencies, within 01 working day from the date of receipt of the request document, the People's Committee of the province shall consider and decide to cease operations of the shipbreaking facility.

3. The People's Committee of the province shall notify relevant agencies and publish the decision to immediately cease operations of the shipbreaking facility on the provincial People's Committee's electronic portal."

Article 84. Amending and Supplementing Article 12

“Article 12. Decision to Cease Operations of Shipbreaking Facilities

1. The People's Committee of the province shall decide to cease operations of shipbreaking facilities based on the proposal of competent state agencies in the following cases:

a) The shipbreaking facility does not meet the conditions for operation as stipulated in Article 7 of this Decree;

b) For reasons of ensuring national defense and security;

c) In case of epidemics, natural disasters, catastrophes, and other cases as prescribed by law.

2. Based on the recommendations and suggestions of competent state agencies, within 05 working days from the date of receipt of the request document, the People's Committee of the province shall consider and decide to cease operations of shipbreaking facilities; if the shipbreaking facility that has been used is not ceased, the People's Committee of the province must provide a written response stating the reasons.

3. The People's Committee of the province shall notify relevant agencies and publish the decision to cease operations of shipbreaking facilities on the provincial People's Committee's electronic portal."

Article 85. Amending and Supplementing Article 14

"Article 14. Competence and Procedures for Approving Shipbreaking Plans

1. The People's Committee of the province where the shipbreaking facility is located has the authority to approve shipbreaking plans based on the proposal of the shipbreaking facility.

2. The owner of the shipbreaking facility shall submit one set of application documents for approval of the shipbreaking plan for each vessel through the National Public Service Portal, via postal service, or directly to the People's Committee of the province. The application documents for approval of the shipbreaking plan for each vessel include:

a) A request for approval of the shipbreaking plan according to Model No. 04 prescribed in the Appendix issued together with this Decree (one original copy or electronic form);

b) The shipbreaking plan (one copy or electronic copy).

3. Processing procedure:

a) Within 02 working days from the date of receipt of valid documents, the People's Committee of the province shall be responsible for soliciting opinions of relevant agencies on the shipbreaking plan.

Within 03 working days from the date of receipt of the request for opinion from the People's Committee of the province, relevant agencies must provide written responses;

b) Within 02 working days from the date of receipt of opinions from relevant agencies, the People's Committee of the province must issue a decision to approve the shipbreaking plan according to Model No. 05 prescribed in the Appendix issued together with this Decree and send it to the shipbreaking facility; if not approved, the People's Committee of the province must provide a written response stating the reasons."

Article 86. Amending and supplementing Article 19

"Article 19. Procedures for Issuing Import Permits for Used Ships to be Scrapped

1. The owner of ship scrapping facilities shall submit one set of application documents on the National Public Service Portal or through postal services or directly to the People's Committee of the province. The application documents include:

a) A request for issuing an import permit for used ships to be scrapped according to Form No. 06 prescribed in the Appendix attached to this Decree (one original copy or electronic form);

b) The enterprise's decision on purchasing used ships for scrapping (one copy or electronic copy or a copy accompanied by the original for verification).

2. Processing procedure:

a) The specialized agency under the People's Committee of the province receives and examines the application documents. If the documents are incomplete, it will guide the enterprise to complete the documents in accordance with regulations;

b) Within three working days from the date of receiving all required documents, the specialized agency under the People's Committee of the province will review and report to the People's Committee of the province for consideration and decision;

c) Within two working days from the date of receiving the request document from the specialized agency under the People's Committee of the province, the People's Committee of the province will issue an import permit for used ships to be scrapped according to Form No. 07 prescribed in the Appendix attached to this Decree; in case of not approving the issuance of the import permit for used ships to be scrapped, the People's Committee of the province must provide a reply document stating the reasons."

Article 87. Replace Forms No. 01, 02, 03, 04, 05, 06, 07 in the Appendix issued together with Decree No. 82/2019/NĐ-CP respectively with Forms No. 01, 02, 03, 04, 05, 06, 07 in Appendix VIII issued together with this Decree.

Article 88. Supplementing Article 6a after Article 6

“Article 6a. Principles for Administrative Procedures

1. In case the application forms, declaration forms, and dossier components contain information already available in the national population database or specialized databases, such information shall be replaced by the individual identification code or specialized code reflected in the application forms and declaration forms when the national population database or specialized databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Article 89. Transitional Provisions

For ship scrapping facility operation files that have been accepted by competent authorities before this Decree takes effect, administrative procedures will continue to be processed in accordance with the provisions of Decree No. 82/2019/NĐ-CP.

Chapter XVI

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF DECREE NO. 76/2021/NĐ-CP DATED JULY 28, 2021 OF THE GOVERNMENT ON CRITERIA FOR CLASSIFYING SEAPORTS

Article 90. Amending and supplementing Article 5

"Article 5. Procedure for Evaluating and Classifying Seaports

1. The Vietnam Maritime Administration and Inland Waterways Authority shall periodically establish a list of seaports and evaluate and classify them every five years in January of the first year or based on actual development at the seaport, and submit to the Ministry of Construction via electronic systems or postal services or directly. The submission documents include:

a) A proposal for classifying seaports and announcing the seaport list;

b) Draft Decision on announcing the seaport list;

c) Related documents.

2. Within five working days from the date of receiving complete and valid documents, the Ministry of Construction will seek opinions from relevant ministries, provincial/municipal people's committees, and related agencies. Provincial/municipal people's committees and related agencies must provide a reply to the Ministry of Construction within two working days from the date of receipt of the request for opinions. Within eight working days from the date of receiving all opinions, the Ministry of Construction will organize a review and submit to the Prime Minister for deciding on the classification of seaports and announcing the seaport list. The submission documents include:

a) Proposal to the Prime Minister for classifying seaports and announcing the seaport list;

b) Review report of the Ministry of Construction;

c) Draft Decision of the Prime Minister on announcing the seaport list;

d) Related documents."

Chapter XVII

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE DECREE NO. 57/2024/ND-CP OF 20 MAY 2024 OF THE GOVERNMENT ON MANAGEMENT OF DREDGING ACTIVITIES IN PORT WATER AREAS AND INLAND WATERWAYS

Article 91. Amendments and supplements to certain points and clauses of Article 7

2. Amending and supplementing Clause 5 as follows:

"1. Procedures and formalities for announcing areas and locations for receiving dredged materials on land:

a) Annually, the People's Committee of the province shall publish information about the need to find areas and locations for receiving dredged materials within the provincial territory on its electronic information website and at its office;

b) Organizations and individuals with areas and locations for receiving dredged materials shall submit application files for receiving dredged materials through the National Public Service Portal or via postal service or directly to the People's Committee of the province. The file includes: An original or electronic form of the application for receiving dredged materials according to the model prescribed in Appendix I attached to this Decree, a copy or electronic copy of the permit for using land issued by the competent authority;

c) Within 15 working days from the date of receipt of all required documents as stipulated in point b clause of this article, the People's Committee of the province shall issue a written response to organizations and individuals regarding areas and locations that meet or do not meet the conditions for receiving dredged materials;

d) The People's Committee of the province shall compile and establish a list, announce areas and locations for receiving dredged materials on land, including areas and locations proposed by organizations and individuals and areas and locations under state management that meet the conditions for receiving dredged materials. This announcement must be issued as a Decision and publicly posted on the electronic information website and at the office of the People's Committee of the province according to the model prescribed in Appendix II attached to this Decree."

Article 8. Responsibilities for Implementation

"b) Within 15 working days, the People's Committee of the province must issue a written response regarding the approval of areas and locations for receiving dredged materials on land and marine disposal suitable for the project investor; in case of disapproval, it must issue a written response stating the reasons."

Article 92. Amendments and supplements to Clause 1 of Article 20

"1. Procedures for approving proposals to implement dredging of national maritime channels and inland waterways

Organizations and enterprises wishing to self-implement dredging of national maritime channels and inland waterways (including basic dredging, maintenance dredging, and emergency dredging) using their own funds (without combining product recovery), shall submit an original or electronic form of the proposal according to the model prescribed in Appendix III attached to this Decree to the Ministry of Construction through the National Public Service Portal or via postal service or directly. Based on the approved strategic plans, master plans, plans, and capital mobilization solutions for developing national maritime channel and inland waterway infrastructure, the Ministry of Construction shall examine the file and issue an approval decision within 10 working days from the date of receipt of the organization or enterprise's proposal. In case of disapproval, the Ministry of Construction shall issue a written response to the organization or enterprise and specify the reasons."

Article 93. Amending and supplementing Clause 1 of Article 21

“1. Procedures for approving proposals to carry out dredging of inland waterways at the local level

Organizations and enterprises that wish to self-perform dredging of inland waterways at the local level (including basic dredging, maintenance dredging, and emergency dredging) using their own funds (without combining product recovery), shall submit through the National Public Service Portal or via postal service or directly one original copy or electronic form of the proposal according to the model prescribed in Appendix III issued together with this Decree to the People's Committee of the province. Based on the strategy, planning, plan, and capital mobilization solutions for developing the infrastructure of local inland waterways approved by the competent authority and the ability to balance state budget funds for dredging the channel, the People's Committee of the province shall examine the file and issue an approval document within ten working days from the date of receipt of the organization or enterprise's proposal. In case of non-approval, the People's Committee of the province shall issue a reply document to the organization or enterprise and clearly state the reasons.”

Article 94. Supplementing Article 8a after Article 8

“Article 8a. Principles for implementing administrative procedures

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter XVIII

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF DECREE NO. 111/2016/ND-CP OF JULY 1, 2016 OF THE GOVERNMENT ON CONDITIONS FOR OPERATING SERVICES OF BUILDING NEW, RECONSTRUCTING, AND REPAIRING SEAGOING VESSELS (AMENDED AND COMPLEMENTED BY DECREE NO. 147/2018/ND-CP OF OCTOBER 24, 2018 OF THE GOVERNMENT)

Article 95. Amending and supplementing Article 1

“Article 1. Scope of Regulation

This Decree stipulates conditions for operating services of building new, reconstructing, and repairing seagoing vessels, except for the following facilities:

a) Facilities only building new, reconstructing, and repairing seagoing vessels with a total gross tonnage under 500 GT;

b) Facilities only building new, reconstructing, and repairing seagoing vessels carrying fewer than 50 passengers;

c) Facilities only building new, reconstructing, and repairing seagoing vessels for national defense and security purposes;

d) Facilities only building new, reconstructing, and repairing fishing vessels.”

Article 96. Amending and supplementing Clause 2 of Article 3

“2. A Type 2 shipbuilding facility is a facility that meets the conditions for building new and reconstructing all types of seagoing vessels carrying passengers with a capacity of less than 100 passengers; seagoing vessels that are not passenger ships with a designed length smaller than 90 meters.”

Article 97. Amending and supplementing Article 5

“Article 5. Conditions regarding technical staff, quality inspection staff, and shipbuilders

1. Shipbuilding facilities must have separate technical departments and quality inspection departments meeting the requirements for building new and reconstructing seagoing vessels, with a minimum number of staff in each department as follows:

a) For Type 1 shipbuilding facilities: two university graduates specializing in shipbuilding, two university graduates specializing in marine engine technology, and one university graduate specializing in marine electrical technology;

b) For Type 2 shipbuilding facilities: one university graduate specializing in shipbuilding and one university graduate specializing in marine engine technology.

2. Shipbuilding facilities with metal hulls must ensure a minimum of five certified metal welders suitable for the type of hull material. Metal welders must be certified according to the national technical regulation on classification and shipbuilding or equivalent.

3. Shipbuilding facilities with non-metallic hulls must ensure a minimum of three certified ship hull constructors suitable for the type of hull material.”

Article 98. Amending and supplementing Article 10

“Article 10. Conditions for technical staff, quality inspection personnel, and ship repair workers

1. Ship repair facilities must have separate technical and quality inspection departments that meet the requirements for ship repairs, each department must have at least one person who has graduated from university with a major in shipbuilding engineering and one person who has graduated from university with a major in marine engine engineering.

2. Ship repair facilities with metal hulls must ensure having at least three certified metal welders suitable for the type of hull material. Metal welders must be certified according to the national technical regulations on classification and shipbuilding or equivalent provisions.

3. Ship repair facilities with non-metallic hulls must ensure having at least two qualified ship hull makers suitable for the type of hull material.”

Article 99. Amending and supplementing some clauses of Article 19

2. Amending and supplementing Clause 5 as follows:

“1. The Ministry of Construction shall be responsible for:

a) Uniformly managing the business activities of shipbuilding, conversion, and repair services;

b) Organizing the development, supplementation, amendment, and issuance of national technical standards related to new shipbuilding, conversion, and repair facilities to ensure they are consistent with the level of domestic and international shipbuilding technology development.”

2. Replacing the phrase "Ministry of Natural Resources and Environment" with the phrase "Ministry of Agriculture and Environment" in Clause 2.

3. Replacing the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 3 and Clause 4.

4. Amending and supplementing Clause 5 as follows:

“5. Provincial People's Committees shall be responsible for:

a) Organizing inspections, supervision, and handling violations of the implementation of regulations on business and business conditions for shipbuilding, conversion, and repair services according to this Decree and other relevant laws;

b) State management over the activities of new shipbuilding, conversion, and repair facilities operating within their jurisdiction according to the law.”.

Article 100. Abolishing some articles and clauses

1. Abolishing Clause 2 of Article 4.

2. Abolishing Articles 7, 8, 9, 12, 13, 14, 15, 16, 17, 18.

Chapter XIX

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO. 60/2023/NĐ-CP OF AUGUST 16, 2023, OF THE GOVERNMENT ON INSPECTION, CERTIFICATION OF QUALITY, TECHNICAL SAFETY, AND ENVIRONMENTAL PROTECTION FOR IMPORTED MOTOR VEHICLES AND IMPORTED COMPONENTS UNDER INTERNATIONAL AGREEMENTS TO WHICH VIETNAM IS A MEMBER

Article 101. Amending and supplementing Clause 7 of Article 3

“7. Documentation on the conformity assessment results (in English, Conformity of Production, abbreviated as COP) is documentation reflecting the conformity assessment results of products at production facilities still valid according to ECE, EC regulations (for motor vehicles), according to ECE regulations (for components) or other equivalent documents (such as ISO documents, IATF documents) related to the assessment of the quality management system of production facilities conducted by authorized foreign agencies or organizations.”

Article 102. Amending and supplementing some clauses of Article 5

2. Amending and supplementing Clause 5 as follows:

“1. Submitting registration inspection files

a) For imported motor vehicles, the importer prepares one set of registration inspection files according to Clause 1 of Article 4 of this Decree and submits them to the Inspection Authority through the National Single Window Portal (electronic submission). In cases of force majeure, the importer may submit paper files to the Inspection Authority.

For the first time imported motor vehicle models into Vietnam, at the time of registration for inspection, the importer must provide the documents specified in Points a, b, c, d, đ, e of Clause 1 of Article 4 of this Decree (except for the Certificate of Factory Conformity, in case of electronic submission, the importer submits one representative copy for each model on the National Single Window Portal and supplements all original Certificates of Factory Conformity of the imported vehicles in the batch to the inspection authority before the actual vehicle inspection). The document specified in Point i of Clause 1 of Article 4 of this Decree must be submitted when requesting an actual inspection. In case of electronic submission, the importer must submit one representative copy for each model on the National Single Window Portal and supplement all original Certificates of Factory Conformity of the imported vehicles in the batch to the inspection authority before the actual vehicle inspection.

For motor vehicle models already issued with a Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles according to this Decree, at the time of registration for inspection, the importer must provide the documents specified in Points a, b, c, e of Clause 1 of Article 4 of this Decree (except for the Certificate of Factory Conformity, in case of electronic submission, the importer submits one representative copy for each model on the National Single Window Portal and supplements all original Certificates of Factory Conformity of the imported vehicles in the batch to the inspection authority before the actual vehicle inspection). The document specified in Point i of Clause 1 of Article 4 of this Decree must be submitted when requesting an actual inspection. The importer is responsible for providing the Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles issued by the Inspection Authority for the same model in the initial registration file to enable the inspection authority to trace the documents for inspection purposes.

When the COP documentation expires, the importer must supplement new COP documentation. If COP documentation cannot be provided, the importer must provide a report on the conformity assessment results and must supplement valid COP documentation within ninety days.

2. Amend and supplement Clause 4 as follows:

“4. Issuing the Certificate of Quality and Technical Safety and Environmental Protection for Imported Motor Vehicles (hereinafter referred to as the Certificate)

Within no more than three working days from the date of completion of the inspection meeting the requirements and the completeness and validity of the file being assessed according to the regulations, the inspection authority issues the Certificate on the National Single Window Portal (for electronic files) or on paper (for paper files) for each vehicle in the entire batch of imported vehicles according to the model specified in Appendix V attached to this Decree.

In the case where imported automobiles fall under the prohibited import category as stipulated in Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government, the Notification on Imported Motor Vehicles Belonging to the Prohibited Import List shall be issued according to Appendix VI attached hereto on the National Single Window Portal (for electronic files) or on paper (for paper files).

3. Amend and supplement Clause 5 as follows:

“5. Issuing Notifications Exempting Quality Safety Technical Inspection for Imported Spare Parts (hereinafter referred to as Exemption Notification): Within three working days from the date when the file is deemed complete and valid as prescribed, the inspection agency shall issue the Exemption Notification according to the model set forth in Appendix VII attached hereto on the National Single Window Portal (for electronic files) or on paper (for paper files). The validity of the Exemption Notification corresponds with the validity of the COP Documentation.”

Article 103. Amending and supplementing certain points and clauses of Article 7

1. Amending and supplementing point a of Clause 3 as follows:

“a) In cases where the file is complete as prescribed, within three working days, the inspection agency shall notify in writing the importer and customs, tax, and police authorities; in cases where the file is incomplete, the inspection agency shall guide the importer to complete the file;”

2. Amend and supplement Clause 4 as follows:

“4. Method of reissuing due to damage: In cases where the file is complete as prescribed, the inspection agency shall reissue the original Certificate or Exemption Notification within three working days; in cases where reissuance is not possible, the inspection agency shall provide a written response stating the reasons.”

3. Amend and supplement Clause 5 as follows:

“5. Method of reissuing when the Exemption Notification expires

Within three working days from the date when the file is deemed complete and valid, the inspection agency shall issue a new Exemption Notification with corresponding validity to the new COP Documentation. In cases where the new COP Documentation cannot be provided, the importer shall supply a Report on the Results of Quality Assurance Assessment. Within three working days from the date when the file is deemed complete and valid, the inspection agency shall issue a single Exemption Notification valid for ninety days.”

Article 104. Amending, supplementing, and abolishing certain points and clauses of Article 4

1. Amending and supplementing point e of Clause 1 as follows:

“e) Origin Documentation C/O (No requirement for enterprises to submit this documentation when origin data of goods is shared from the customs authority or the inspection agency can obtain information about the origin documentation of goods on the website of the competent authority of the European Union).”

2. Amending and supplementing point đ of Clause 2 as follows:

“đ) Origin Documentation C/O (No requirement for enterprises to submit this documentation when origin data of goods is shared from the customs authority or the inspection agency can obtain information about the origin documentation of goods on the website of the competent authority of the European Union).”

3. Abolishing point g and point h of Clause 1.

Article 105. Replacing Appendix I and Appendix II promulgated together with Decree No. 60/2023/NĐ-CP respectively with Appendix IXa and IXb at Appendix IX promulgated together with this Decree.

Chapter XX

AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF DECREE NO. 116/2017/NĐ-CP DATED OCTOBER 17, 2017 OF THE GOVERNMENT ON CONDITIONS FOR PRODUCTION, ASSEMBLY, IMPORTATION, AND OPERATING AUTOMOBILE AFTER-SALES SERVICE (AMENDED AND COMPLEMENTED BY DECREE NO. 17/2020/NĐ-CP DATED FEBRUARY 5, 2020 OF THE GOVERNMENT)

Article 106. Amend and supplement Point b Clause 2 Article 22

“b) A certified copy accompanied by the original for comparison or an electronically certified copy from the original or a certified copy of the Enterprise Registration Certificate.”

The enterprise shall not be required to submit this file when the administrative procedure handling agency can obtain information about the Enterprise Registration Certificate from the National Database on Enterprise Registration.”

Article 107. Amend and supplement Point d Clause 3 Article 23

“d) Within four working days from the date of receiving a complete and valid file, the Inspection Agency will consider issuing a renewed Warranty and Maintenance Certificate for the enterprise. In case of refusal to issue the Certificate, the Inspection Agency will respond in writing and specify the reasons.”

Article 108. Amend and supplement Point c Clause 2 Article 24

“c) Within four working days from the date of receiving a complete and valid file, the Inspection Agency will consider issuing a replacement Warranty and Maintenance Certificate. In case of refusal to issue the Certificate, the Inspection Agency will respond in writing and specify the reasons.”

Chapter XXI

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 85/2020/ND-CP OF JULY 17, 2020 OF THE GOVERNMENT GUIDING SOME PROVISIONS OF THE ARCHITECTURE LAW (AMENDED AND COMPLEMENTED BY DECREE NO. 35/2023/ND-CP OF JUNE 20, 2023 OF THE GOVERNMENT)

Article 109. Amend and supplement Point b Clause 1 Article 28

“b) From the date of receiving a complete and valid file, the competent authority is responsible for issuing the Architect Practice Certificate within ten days for the issuance of the Architect Practice Certificate; three working days for the reissuance of the certificate; seven working days for the extension of the Architect Practice Certificate. In case the file is incomplete or invalid, the competent authority issuing the practice certificate must notify once in writing to the individual requesting the certificate within three working days for issuance and extension of the certificate and two working days for reissuance of the certificate, from the date of receipt of the application file;”

Article 110. Amend and supplement Clause 2 Article 30

“2. A certified copy of the practice certificate issued by foreign agencies or organizations, translated into Vietnamese and certified according to Vietnamese law.”

Article 111. Amend and supplement Clause 2 Article 31

“2. From the date of receiving a complete and valid file, the competent authority is responsible for recognizing and converting the Architect Practice Certificate within seven working days. In case the file is incomplete or invalid, the competent authority issuing the practice certificate must notify once in writing to the individual requesting the certificate within three working days, from the date of receipt of the application file.”

Article 112. Repeal some clauses, points

1. Repeal Points c, d Clause 1 Article 27.

2. Repeal Clause 3 Article 30.

Article 113. Transitional Provisions

Files for issuing, reissuing, extending the Architect Practice Certificate and recognizing, converting the Architect Practice Certificate of foreign individuals practicing architecture in Vietnam submitted to the competent authority before the effective date of this Decree shall be implemented according to the provisions of Decree No. 85/2020/ND-CP of July 17, 2020 of the Government guiding some provisions of the Architecture Law.”

Chapter XXII

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 30/2013/NĐ-CP OF APRIL 8, 2013 OF THE GOVERNMENT ON AIR CARGO TRANSPORTATION BUSINESS AND NON-COMMERCIAL AIR OPERATIONS (AMENDED AND COMPLEMENTED BY DECREE NO. 92/2016/NĐ-CP OF JULY 1, 2016; DECREE NO. 89/2019/NĐ-CP OF NOVEMBER 15, 2019 AND DECREE NO. 15/2024/NĐ-CP OF FEBRUARY 16, 2024 OF THE GOVERNMENT)

Article 114. Amend and supplement Point b Clause 2 Article 22

“b) A certified true copy of the License for Establishment, Operation License or Business Registration Certificate (for organizations).

The Business Registration Certificate shall not be required to be submitted when the administrative agency can obtain information on business registration from the National Database on Business Registration.”

Article 115. Amend and supplement Clause 1 Article 23

“1. Within twenty working days from the date of receiving complete files as prescribed in Article 22 of this Decree, the Civil Aviation Administration of Vietnam shall examine the files and issue a document seeking opinions from the Air Operations Directorate (Ministry of Defense) regarding the organization or individual applying for non-commercial air operations, aircraft type, airspace area or notify the applicant of the refusal to issue the Certificate and specify the reasons.”

Article 116. Amend Clause 3 Article 24

“3. The procedures for examination and reissue due to changes or supplements to the contents of the Non-Commercial Air Operations Registration Certificate shall be carried out as follows:

a) Within twenty working days from the date of receiving complete files as prescribed in Article 22 of this Decree, the Civil Aviation Administration of Vietnam shall be responsible for examining the files and issuing a document seeking opinions from the Air Operations Directorate (Ministry of Defense) regarding the organization or individual applying for non-commercial air operations, aircraft type and airspace area or notify the applicant of the refusal to issue the Certificate and specify the reasons.

b) The Air Operations Directorate (Ministry of Defense) shall be responsible for replying to the Civil Aviation Administration of Vietnam within five working days from the date of receipt of the request document. The Civil Aviation Administration of Vietnam shall reissue the Certificate according to Model No. 03 stipulated in the Appendix promulgated together with this Decree after obtaining the approval opinion of the Air Operations Directorate (Ministry of Defense) or notify the applicant of the refusal to reissue the Certificate and specify the reasons.”

Article 117. Repeal certain clauses and forms in the Appendix issued together with Decree No. 30/2013/NĐ-CP

1. Repeal Clause 6, Clause 7 and Clause 8 Article 26.

2. Repeal Form No. 08 and Form No. 09 stipulated in the Appendix issued together with Decree No. 30/2013/NĐ-CP.

Article 118. Supplement Article 4a after Article 4

"Article 4a. Principles for implementing administrative procedures

1. In case the application forms, declaration forms, and dossier components contain information already available in the national population database or specialized databases, such information shall be replaced by the individual identification code or specialized code reflected in the application forms and declaration forms when the national population database or specialized databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Chapter XXIII

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 96/2021/NĐ-CP OF NOVEMBER 2, 2021 OF THE GOVERNMENT ON CHARTER FLIGHT SECURITY WORK

Article 119. Amend and supplement Clause 2 Article 7

1. Amend the title of Clause 2 as follows:

“2. Notifications of charter flights of Vietnam shall be sent directly, online or through postal services to the following agencies and units:”

2. Replace the phrase “Ministry of Transport” with the phrase “Ministry of Construction” at Point b Clause 2.

Article 120. Amend and supplement Clause 2 Article 10

“2. The notification document of foreign charter flights shall be sent directly, online or through the postal system to: Ministry of Public Security (General Guard Command), Ministry of Construction (Civil Aviation Administration of Vietnam), Ministry of Defense (Air Operations Directorate, Air Defense-Air Force Corps).”

Chapter XXIV

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 125/2015/NĐ-CP OF DECEMBER 4, 2015, PROVIDING DETAILED REGULATIONS ON AIR TRAFFIC MANAGEMENT

Article 121. Amendments and supplements to certain clauses of Article 11

2. Amending and supplementing Clause 5 as follows:

“1. The Operations Directorate shall take the lead in submitting to the Chief of General Staff for decision on establishing air zones and routes serving general aviation activities. The Vietnam Civil Aviation Authority shall submit one set of application documents for establishment directly, through postal services, or via electronic document systems to the Operations Directorate. The application documents include:

a) A request for establishing air zones and routes serving general aviation activities according to Appendix I issued together with this Decree;

b) Other relevant documents (if any).”

2. Amend and supplement Clause 4 as follows:

“4. The Vietnam Civil Aviation Authority shall take the lead and coordinate with the Operations Directorate and the Air Defense-Air Force Command to determine and announce common communication methods for flight activities within airspace for air zones and routes serving general aviation activities. The requesting agency shall submit one set of application documents directly, through postal services, or via electronic document systems to the Vietnam Civil Aviation Authority including:

a) A request for announcing common communication methods for flight activities within airspace for air zones and routes serving general aviation activities according to Appendix II issued together with this Decree;

b) The decision announced under Clause 1 of this Article and other relevant documents (if any).”

Article 122. Appendices I and II shall be supplemented respectively by Appendices Xa and Xb in Appendix X issued together with this Decree.

Chapter XXV

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 05/2021/NĐ-CP OF JANUARY 25, 2021, ON THE MANAGEMENT AND EXPLOITATION OF AIRPORTS (AMENDED AND COMPLEMENTED BY DECREE NO. 64/2022/NĐ-CP OF SEPTEMBER 15, 2022, AND DECREE NO. 20/2024/NĐ-CP OF FEBRUARY 23, 2024, OF THE GOVERNMENT)

Article 123. Amendments and supplements to Clause 2 of Article 43

“2. Within seven working days from the date of receiving complete application files as prescribed, the Vietnam Civil Aviation Authority shall be responsible for reviewing and reporting the review results to the Minister of Construction;

b) Within three working days from the date of receiving the report on the review results, the Minister of Construction shall decide on temporarily closing the airport and send the result directly, through postal services, on an electronic environment, or by appropriate means; if not approved, a written response must be sent to the applicant, stating the reasons.”

Article 124. Amendments and supplements to Clause 4 of Article 49

“4. The investor of a project to construct works at airports shall organize the preparation of a master plan drawing at a scale of 1/500 within the scope of the project assigned by the competent authority and submit one set of application documents for approval of the master plan drawing within the scope of the assigned project directly, through postal services, or on an electronic environment to the Vietnam Civil Aviation Authority. The application documents include:

a) A request for approval of the master plan drawing;

b) A copy or an electronic copy of the master plan drawing file, including: an explanation of the master plan drawing and related drawings;

c) A copy or an electronic copy of comments from relevant agencies and units;

d) A copy or an electronic copy of explanations of comments from relevant agencies and units.

Within twenty-seven working days from the date of receiving complete valid application documents, the Vietnam Civil Aviation Authority shall be responsible for soliciting opinions from relevant units, reviewing, approving the master plan drawing within the scope of the assigned project, and sending it directly, through postal services, or on an electronic environment to the project investor. If refusing to approve, the Vietnam Civil Aviation Authority shall state the reasons.”

Within twenty-seven working days from the date of receiving complete and valid documents, the Civil Aviation Administration of Vietnam shall be responsible for soliciting opinions from relevant units, reviewing, and approving the master plan layout within the boundaries of the assigned project, and directly sending or through postal services or electronic environment to the project investor. In case of refusal to approve, the Civil Aviation Administration of Vietnam shall clearly state the reasons.

Article 125. Amending and supplementing Clause 6 of Article 50

“6. Within ten working days from the date of receiving complete files as prescribed, the Civil Aviation Administration of Vietnam (for the provisions under Clause 3 of this Article) or the Air Traffic Control Station (for the provisions under Clause 4 of this Article) shall be responsible for examining and approving the security, safety, and environmental protection plan at airports during construction, and directly sending or delivering through postal services or via electronic means to the project investor. In case of refusal, a written notification must be issued, clearly stating the reasons.”

Article 126. Amending and supplementing some clauses of Article 51

1. Amending and supplementing Clause 6 as follows:

“6. Within eight working days from the date of receiving complete files as prescribed, the Civil Aviation Administration of Vietnam shall examine and decide on putting the works or part of the works belonging to the airport infrastructure into operation according to Model No. 11 prescribed in the Appendix attached to this Decree; deciding on temporarily closing part of the airport infrastructure according to Model No. 12 prescribed in the Appendix attached to this Decree, and directly sending or delivering the results through postal services or via electronic means to the operator of the works belonging to the airport infrastructure. In case of non-approval, the Civil Aviation Administration of Vietnam must issue a written notification, clearly stating the reasons.”

2. Amending and supplementing Clause 10 as follows:

“10. Within eight working days from the date of receiving complete files as prescribed, the Civil Aviation Administration of Vietnam shall be responsible for examining the operational documents, approving amendments and supplements to the documents, and directly sending or delivering the results through postal services or via electronic means to the applicant. In case of refusal, the Civil Aviation Administration of Vietnam must issue a written notification, clearly stating the reasons.”

Article 127. Amending and supplementing Point b of Clause 1 of Article 52

“b) A copy or electronic copy of the decision establishing the enterprise of the owner or organization entrusted with managing the airport (in cases where there is no business registration certificate).

The Business Registration Certificate will not be required to be submitted when the administrative procedure handling agency can obtain information about the Business Registration Certificate from the National Database of Enterprise Registration.”

Article 128. Abolishing Articles, Points, and Forms in the Appendix promulgated together with Decree No. 05/2021/NĐ-CP

1. Point c of Clause 1 of Article 57, Article 59.

2. Form No. 07, Form No. 08 prescribed in the Appendix promulgated together with this Decree.

Article 129. Supplementing Article 10a after Article 10

“Article 10a. Principles for Implementing Administrative Procedures”

1. Application forms, declaration sheets, and file components that contain information already present in the national population database or specialized databases shall be replaced with data from these databases when such databases are operational.

2. The results of administrative procedures shall be provided electronically; in cases where individuals or organizations request paper copies, the administrative procedure handling agency shall provide both electronic and paper versions simultaneously. An electronically provided result of an administrative procedure has the same legal effect as a result provided on paper.

Article 130. Transitional Provisions

1. Licenses for aviation equipment operators and restricted area vehicle operators at airports that have been issued shall become invalid from the date this Decree takes effect.

2. Competent authorities shall stop accepting applications for licenses for aviation equipment operators and restricted area vehicle operators at airports from the date this Decree takes effect. In cases where applications have been accepted but licenses have not yet been issued, the competent authority shall refund any fees and charges paid by the applicant in accordance with the law.

2. Administrative procedure files that have been accepted by the competent authority before the date this Decree takes effect shall continue to be processed in accordance with Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on the management and operation of airports (amended and supplemented by Decree No. 20/2024/NĐ-CP dated February 23, 2024 of the Government amending and supplementing certain articles of Decree No. 05/2021/NĐ-CP dated February 25, 2021 of the Government on the management and operation of airports and Decree No. 64/2022/NĐ-CP dated September 15, 2022 of the Government amending and supplementing certain articles of the decrees related to civil aviation business activities).

Chapter XXVI

AMENDMENTS AND SUPPLEMENTS TO SOME ARTICLES OF DECREE NO. 92/2016/NĐ-CP OF JULY 1, 2016 OF THE GOVERNMENT ON INDUSTRIES AND TRADES WITH CONDITIONS IN THE CIVIL AVIATION SECTOR (AMENDED AND COMPLEMENTED BY DECREE NO. 89/2019/NĐ-CP OF NOVEMBER 15, 2019; DECREE NO. 64/2022/NĐ-CP OF SEPTEMBER 15, 2022; DECREE NO. 15/2024/NĐ-CP OF FEBRUARY 16, 2024 AND DECREE NO. 89/2025/NĐ-CP OF APRIL 13, 2025 OF THE GOVERNMENT)

Article 131. Amendments, supplements, and revocations of some points and clauses of Article 10

1. Repeal point d of Clause 2.

2. Amend and supplement Clauses 4, 5, 6, and 7 as follows:

“4. In case the file is valid, within three working days, the Civil Aviation Authority of Vietnam shall issue a notification accepting the file and request the enterprise to pay the review fee as prescribed. Within ten working days from the date of receiving the full review fee, the Civil Aviation Authority of Vietnam shall conduct the review of the file and report the results to the Ministry of Construction.

5. Within ten working days from the date of receiving the report on the review results from the Civil Aviation Authority of Vietnam, the Ministry of Construction shall examine and submit to the Prime Minister. If the Ministry of Construction does not approve the review results, it shall issue a reply to the Civil Aviation Authority of Vietnam stating the reasons.

6. Within seven working days from the date of receiving the proposal from the Ministry of Construction, the Prime Minister shall examine and permit the Ministry of Construction to issue the Air Transport Business License and the Common Air Business License. If permission is not granted, the Prime Minister shall notify the Ministry of Construction and state the reasons.

7. Within five working days from the date of receiving the written opinion of the Prime Minister, the Ministry of Construction shall issue the license according to Model No. 02 stipulated in the Appendix issued together with this Decree, or notify the opinion of the Prime Minister regarding the non-issuance of the Air Transport Business License and the Common Air Business License.”

Điều 132. Sửa đổi, bổ sung Điều 15

“Điều 15. Điều kiện kinh doanh dịch vụ hàng không tại cảng hàng không, sân bay

1. Dịch vụ hàng không tại cảng hàng không, sân bay bao gồm:

a) Dịch vụ khai thác nhà ga hành khách;

b) Dịch vụ khai thác nhà ga, kho hàng hóa;

c) Dịch vụ cung cấp xăng dầu hàng không;

d) Dịch vụ phục vụ kỹ thuật thương mại mặt đất;

đ) Dịch vụ cung cấp suất ăn hàng không.”.

2. Doanh nghiệp được phép thực hiện kinh doanh các dịch vụ quy định tại khoản 1 Điều này sau khi được cấp Giấy phép cung cấp dịch vụ hàng không tại cảng hàng không, sân bay.”.

Điều 133. Sửa đổi, bổ sung khoản 3 Điều 27

“3. Trong thời hạn 18 ngày làm việc, kể từ ngày nhận đủ hồ sơ theo quy định, Cục Hàng không Việt Nam thẩm định hồ sơ, kiểm tra đánh giá thực tế cơ sở; yêu cầu người đề nghị giải trình bổ sung các nội dung liên quan, chỉnh sửa tài liệu; cấp Giấy chứng nhận cơ sở đủ điều kiện đào tạo, huấn luyện nghiệp vụ nhân viên hàng không cho cơ sở đề nghị theo Mẫu số 07 quy định tại Phụ lục ban hành kèm theo Nghị định này và trả kết quả trực tiếp hoặc qua dịch vụ bưu chính hoặc bằng các hình thức phù hợp khác đến cơ sở đề nghị; trường hợp từ chối phải trả lời bằng văn bản và nêu rõ lý do.”.

Điều 134. Sửa đổi, bổ sung khoản 4 Điều 28

“4. Trường hợp sửa đổi, bổ sung nội dung Giấy chứng nhận: Trong thời hạn 10 ngày làm việc kể từ ngày nhận hồ sơ đầy đủ theo quy định, Cục Hàng không Việt Nam thẩm định hồ sơ, kiểm tra đánh giá thực tế cơ sở; yêu cầu người đề nghị giải trình bổ sung các nội dung liên quan; cấp lại Giấy chứng nhận hoặc thông báo từ chối cấp lại giấy chứng nhận bằng văn bản, nêu rõ lý do.”.

Điều 135. Bổ sung Điều 4a vào sau Điều 4

“Điều 4a. Nguyên tắc về thực hiện thủ tục hành chính

1. Mẫu đơn, tờ khai, thành phần hồ sơ có quy định về các thông tin đã có trong cơ sở dữ liệu quốc gia về dân cư hoặc cơ sở dữ liệu chuyên ngành thì các thông tin này được thay thế bằng dữ liệu khi cơ sở dữ liệu quốc gia về dân cư hoặc cơ sở dữ liệu chuyên ngành được vận hành.

2. Kết quả giải quyết thủ tục hành chính được trả bằng bản điện tử; trường hợp cá nhân, tổ chức có yêu cầu nhận bản giấy thì cơ quan giải quyết thủ tục hành chính có trách nhiệm trả đồng thời cả bản điện tử và bản giấy. Kết quả giải quyết thủ tục hành chính bản điện tử có giá trị pháp lý như kết quả giải quyết thủ tục hành chính bằng văn bản giấy.”.

Điều 136. Điều khoản chuyển tiếp

Giấy phép cung cấp dịch vụ hàng không loại hình: dịch vụ khai thác khu bay, dịch vụ sửa chữa, bảo dưỡng phương tiện, trang thiết bị hàng không, dịch vụ kỹ thuật hàng không hết hiệu lực thi hành kể từ ngày Nghị định này có hiệu lực thi hành.

Chương XXVII

TỔ CHỨC THI HÀNH

Điều 137. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 15 tháng 01 năm 2026, trừ trường hợp quy định tại khoản 2, khoản 3 Điều này.

2. Điều 6, Điều 7, khoản 1 Điều 12 và khoản 3 Điều 138 của Nghị định này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2026.

3. Điều 38 và khoản 2 Điều 43 của Nghị định này có hiệu lực thi hành khi Thông tư quy định về quản lý nhà nước chuyên ngành tại cảng, bến thủy nội địa, khu neo đậu và quản lý hoạt động hoa tiêu đường thủy nội địa được Bộ trưởng Bộ Xây dựng ban hành và có hiệu lực thi hành.

Điều 138. Bãi bỏ một số điều, khoản, điểm tại các Nghị định của Chính phủ có liên quan

1. Bãi bỏ một số điều, khoản và Phụ lục của Nghị định số 144/2025/NĐ-CP ngày 12 tháng 6 năm 2025 của Chính phủ quy định về phân quyền, phân cấp trong lĩnh vực quản lý nhà nước của Bộ Xây dựng

a) Bãi bỏ Điều 34, Điều 35, Điều 36 và Điều 37, Điều 39 và Điều 44;

b) Bãi bỏ khoản 1, khoản 2, khoản 3 và khoản 4 Điều 38;

c) Bãi bỏ khoản 5 Điều 45;

d) Bãi bỏ mục 1 và các Mẫu 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14 mục 2 tại Phụ lục VI ban hành kèm theo Nghị định số 144/2025/NĐ-CP;

đ) Bãi bỏ Phụ lục VIII ban hành kèm theo Nghị định số 144/2025/NĐ-CP.

2. Bãi bỏ khoản 1 Điều 23 của Nghị định số 23/2016/NĐ-CP ngày 05 tháng 4 năm 2016 của Chính phủ về xây dựng, quản lý, sử dụng nghĩa trang và cơ sở hỏa táng.

3. Bãi bỏ Điều 14 của Nghị định số 35/2023/NĐ-CP ngày 20 tháng 6 năm 2023 của Chính phủ sửa đổi, bổ sung một số điều của các Nghị định thuộc lĩnh vực quản lý nhà nước của Bộ Xây dựng.

Điều 139. Trách nhiệm thi hành

Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân các tỉnh, thành phố trực thuộc trung ương và các tổ chức, cá nhân có liên quan chịu trách nhiệm thi hành Nghị định này.