Decree No. 143/2017/ND-CP on the protection of maritime works

DECREE

Regulations on the protection of maritime works

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on the protection of maritime works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the protection of maritime works in Vietnam, including: Scope of protection of maritime works, determination of the scope of protection of maritime works in certain special cases, supervision of implementation, and responsibilities of relevant ministries, sectors, and localities in the activity of protecting maritime works.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the management and protection of maritime works in the coastal waters of seaports and the territorial sea of Vietnam.

Article 3. Principles for the application of laws on the protection of maritime works

The protection of maritime works shall be carried out in accordance with this Decree, the provisions of the Maritime Code of Vietnam 2015, and other relevant legal provisions.

Article 4. Prohibited acts in the protection of maritime works

1. Storing flammable, explosive substances, or harmful substances that have the potential to cause corrosion or damage to maritime works without the prior approval of the competent state agency.

2. Discharging waste that damages or affects the durability and lifespan of maritime works.

3. Unauthorized dredging in shipping channels, protected areas of shipping channels, port waters, or dredging not in compliance with technical requirements approved by the competent authority; failing to properly monitor dredging and disposal of dredged materials.

4. Conducting mineral extraction activities, anchoring, fishing, and aquaculture within shipping channels and protected areas of maritime works.

5. Encroaching upon the protected area of maritime works.

6. Engaging in actions that obstruct the management, exploitation, use, and protection of maritime works.

7. Controlling vessels and other means of transport in violation of regulations affecting the quality of maritime works.

8. Other actions that affect safety in the management and exploitation of maritime works.

9. Other prohibited acts as prescribed by law.

Chapter II

REGULATIONS ON THE SCOPE OF PROTECTION OF MARITIME WORKS

Article 5. Scope of protection of maritime works

1. Maritime works include ports, wharves, offshore oil and gas terminals, mooring buoys, shipping channels, turning basins, navigational aids, marine support systems, breakwaters, sand barriers, flow direction walls, and shore protection structures established or constructed in the coastal waters and territorial sea of Vietnam.

2. The scope of protection of port and wharf works extends from the outermost edge of the work to the outer limit of the water area in front of the port or wharf.

3. The scope of protection of port and wharf works combined with mooring buoys or anchor piles is measured from the center of the mooring buoy or anchor pile and the outermost edge of the port or wharf work to the outer limit of the water area in front of the port according to design and determined according to technical standards for works, specifically as follows:

a) At least 60 meters for works where the designed bottom depth of the berth or mooring buoy has a water depth greater than 20 meters from the bottom of the berth to the designed low water level.

b) At least 50 meters for works where the designed bottom depth of the berth or mooring buoy has a water depth between 16 meters and 20 meters from the bottom of the berth to the designed low water level.

c) At least 40 meters for works where the designed bottom depth of the berth or mooring buoy has a water depth between 12 meters and 16 meters from the bottom of the berth to the designed low water level.

d) At least 30 meters for works where the designed bottom depth of the berth or mooring buoy has a water depth between 8 meters and 12 meters from the bottom of the berth to the designed low water level.

đ) At least 20 meters for works where the designed bottom depth of the berth or mooring buoy has a water depth less than 8 meters from the bottom of the berth to the designed low water level.

e) In cases where the scope of protection of port and wharf works, mooring buoys, auxiliary mooring buoys overlaps with the safe distance of land roads, railways, inland waterways, or extends beyond the natural shoreline towards the shore or beyond the outer limit of the water area in front of the port, the scope of protection of the work is determined up to the safe distance of land roads, railways, inland waterways, or the natural shoreline, the outer limit of the water area in front of the port.

4. The scope of protection of offshore oil and gas terminal works is limited by a safety zone with a width of 500 meters from the farthest point of the offshore oil and gas terminal work and a restricted navigation and anchorage zone with a width of two nautical miles from the coordinates of the offshore oil and gas terminal work.

5. The scope of protection of mooring buoy works is measured from the center of the mooring buoy to the outer limit of the designed anchorage area for ships and from the connecting lines of the centers of the mooring buoys to the sides, determined according to technical standards for mooring buoys, specifically as follows:

a) At least 60 meters for works where the water depth from the bottom of the berth to the designed low water level is greater than 20 meters.

b) At least 50 meters for areas where the water depth from the bottom of the berth to the designed low water level is between 16 meters and 20 meters.

c) At least 40 meters for areas where the water depth from the bottom of the berth to the designed low water level is between 12 meters and 16 meters.

d) At least 30 meters for areas where the water depth from the bottom of the berth to the designed low water level is between 8 meters and 12 meters.

đ) At least 20 meters for areas where the water depth from the bottom of the berth to the designed low water level is less than 8 meters.

6. The scope of protection of conveyor and pipeline support structures (for ports and wharves with conveyor and pipeline systems) is measured from the outermost edge of the structure vertically outward on both sides by at least 5 meters.

7. The scope of protection of shipping channels is measured from the position of the center of the channel marker buoy on both sides of the channel, determined according to technical standards for shipping channels, specifically as follows:

a) At least 60 meters for shipping channels wider than 210 meters and with a designed bottom depth greater than 20 meters at sea entrances, on the sea, open bays; shipping channels in rivers, closed bays, or canals wider than 230 meters, with a designed bottom depth greater than 17 meters.

b) At least 50 meters for maritime channels with a width from 190 meters to 210 meters and a designed seabed depth from 16 meters to 20 meters at sea ports, on the sea, open bay entrances; within rivers, enclosed bays, or canals with a channel width from 210 meters to 230 meters and a designed seabed depth from 14 meters to 17 meters;

c) At least 40 meters for maritime channels with a width from 140 meters to 190 meters and a designed seabed depth from 14 meters to 16 meters at sea ports, on the sea, open bay entrances; within rivers, enclosed bays, or canals with a channel width from 150 meters to 210 meters and a designed seabed depth from 12 meters to 14 meters;

d) At least 30 meters for maritime channels with a width from 80 meters to 140 meters and a designed seabed depth from 8 meters to 14 meters at sea ports, on the sea, open bay entrances; within rivers, enclosed bays, or canals with a channel width from 90 meters to 150 meters and a designed seabed depth from 7 meters to 12 meters;

đ) At least 20 meters for maritime channels with a width less than 80 meters and a designed seabed depth less than 8 meters at sea ports, on the sea, open bay entrances; within rivers, enclosed bays, or canals with a channel width less than 90 meters and a designed seabed depth less than 7 meters;

8. The scope of protection for整治工程设施的具体范围如下：

a) 对于防波堤和防沙堤，从堤脚向航道方向至少为20米；向海方向至少为200米；向陆地方向至少为25米；

b) 对于护岸工程，从护岸两端各向外至少为50米；从护岸底部向航道方向至少为20米；从护岸底部向陆地方向对于居民区、城市区域和旅游区至少为5米，对于其他区域至少为25米；

c) 对于其他整治工程，从护岸底部向外至少为50米；

9. The scope of protection for marine navigation aids is determined from the center of the aid (the center of the lighthouse or the center of the floating buoy) outward according to the technical standards for marine navigation aids, specifically as follows:

a) At least 60 meters for lighthouses with a light range greater than 20 nautical miles or floating buoys with a water depth at the buoy location greater than 20 meters measured to the low water level design;

b) At least 50 meters for lighthouses with a light range from 15 nautical miles to 20 nautical miles or floating buoys with a water depth at the buoy location from 16 meters to 20 meters measured to the low water level design;

c) At least 40 meters for lighthouses with a light range from 10 nautical miles to 15 nautical miles or floating buoys with a water depth at the buoy location from 12 meters to 16 meters measured to the low water level design;

d) At least 30 meters for lighthouses with a light range less than 10 nautical miles or floating buoys with a water depth at the buoy location from 8 meters to 12 meters measured to the low water level design;

đ) At least 20 meters for other marine navigation aids;

10. The scope of protection for above-water parts (clear height) and below-ground parts of marine facilities is determined specifically for each facility based on the port development plan and maritime channel planning, technical standards, and relevant legal provisions;

11. When authorities agree on construction locations and announce the commissioning of marine facilities according to regulations, they must include the scope of protection for marine facilities.

Article 6. Determining the scope of protection for maritime works in certain special cases

1. In cases where the scope of protection for maritime works overlaps with the scope of protection for flood and storm prevention works, dike protection works, the relevant provisions of laws on flood and storm prevention and dike management shall be implemented.

2. In cases where the scope of protection for maritime channels overlaps with the safety corridors of roads or railways or extends beyond the natural shoreline towards the shore, the scope of protection for maritime channels shall be determined up to the natural shoreline.

3. In cases where the scope of protection for maritime works overlaps with the safety corridor of inland waterways, the scope of protection for maritime channels shall be determined up to the scope of the safety corridor of inland waterways.

4. In cases where the scope of protection for maritime works overlaps with the safety corridors of road bridges, railway bridges, power lines, or cableways, the relevant provisions on protecting the safety corridors of bridges, power lines, and cableways shall be implemented.

5. In cases where the scope of protection for maritime channels overlaps with the scope of protection for port construction works or port bridges, the scope of protection for maritime channels shall be determined up to the scope of protection for port construction works or port bridges.

6. For dedicated port cargo handling facilities and channel improvement works, the minimum safety corridor must be implemented according to the provisions of this Decree, while still complying with the relevant regulations concerning the safety distance for dedicated port cargo handling facilities or related channel improvement works.

7. In cases where the scope of protection for maritime works involves adjacent security or defense works, the agreement of the Ministry of Public Security or the Ministry of National Defense must be obtained.

8. In cases where the scope of protection for maritime works overlaps with the scope of protection for coastal corridors, the scope of protection for maritime channels shall be determined up to the scope of the safety corridor of the coast.

Article 7. Soliciting Opinions on Content in Planning Affecting the Scope of Protection for Maritime Works

1. When conducting specialized planning that affects the scope of protection for maritime works, ministries and provincial People's Committees must solicit written opinions from the Ministry of Transport.

2. Within five working days from the date of receipt of the written opinions from ministries and provincial People's Committees, the Ministry of Transport shall issue a written response regarding the compatibility of the planning content with the scope of protection for maritime works. If the planning content is incompatible with the scope of protection for maritime works, the Ministry of Transport must guide the proposer on the scope of protection for maritime works according to the regulations.

3. Based on the participation opinions of the Ministry of Transport, ministries and provincial People's Committees have the responsibility to direct and guide investors, design contractors, construction contractors, and related organizations and individuals to comply with the regulations on protecting maritime works as stipulated in this Decree and other relevant legal provisions.

Article 8. Protection Plan for Maritime Works

1. The contents of the protection plan for maritime works as prescribed in Article 125 of the Vietnam Maritime Code 2015 include the following:

a) Determining the scope of protection for maritime works;

b) Establishing maritime signals for maritime works;

c) Human resources, contact addresses, and telephone numbers for implementing the protection of maritime works;

d) Means and tools serving the protection of maritime works;

đ) Implementation plan for protecting maritime works and inspection and supervision measures by the investor or the manager of the work;

e) Measures for handling when damage, maritime accidents, incidents, or violations affecting the safety of maritime work exploitation occur;

g) Proposing principles, mechanisms, and methods of cooperation between the investor or the manager of the work and the Maritime Port Office and competent authorities in the area where the maritime work is located.

2. Authority and Responsibility for Building, Reviewing, and Approving the Protection Plan for Maritime Works

a) For maritime works that are about to be invested in, the investor of the work shall organize the development of the protection plan for maritime works with the contents prescribed in Clause 1 of this Article and supplement it into the project dossier to submit for review and approval by the competent authority along with the investment project.

b) For maritime works that have been put into operation but do not yet have a protection plan, the manager of the maritime work has the responsibility to organize the development of the protection plan for maritime works with the contents prescribed in Clause 1 of this Article, and at the same time organize the review, approval, and implementation of the protection plan for maritime works.

3. After being approved by the organization or individual investing in and managing the exploitation of maritime works, the protection plan for maritime works must be submitted to the Maritime Port Office for inspection, supervision, and coordinated implementation.

Article 9. Supervision of Construction Projects Affecting the Protection Zone of Maritime Works

1. The construction of projects must be in accordance with approved maritime port development plans and other relevant plans, comply with regulations on protecting maritime works and ensuring maritime safety, maritime security, and environmental protection as stipulated in this Decree and other related legal provisions.

2. During the construction of projects that affect the protection zone of maritime works, the organizations and individuals investing in and managing the operation of such projects must implement regulations on supervision of construction within maritime port waters, safety assurance measures for maritime activities, and other relevant regulations as stipulated in this Decree, Government Decree No. 58/2017/NĐ-CP dated May 10, 2017 detailing certain provisions of the Vietnam Maritime Code regarding maritime activity management, and other related legal provisions.

3. The maritime transport service area organization shall inspect and supervise the implementation of construction projects affecting the protection zone of maritime works in compliance with approved planning schemes and protection plans, ensuring maritime safety, maritime security, and preventing environmental pollution.

4. Organizations and individuals investing in and managing the operation of maritime works have the responsibility to comply with regulations on planning management, investment construction, operation, and maintenance of works to ensure quality and safety in their operation and functioning.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT AND PROTECTION OF MARITIME WORKS

MATTERS RELATING TO THE MANAGEMENT AND PROTECTION OF MARITIME WORKS

Article 10. Responsibilities of the Ministry of Transport

1. Review and perfect legal normative documents and technical standards related to the protection of maritime works.

2. Directly organize inspections, supervision, audits, and handling of violations in the implementation of legal provisions concerning the protection of maritime works as prescribed.

3. Direct the Vietnam Maritime Administration to organize reviews and guide organizations and individuals related to completing protection plans for maritime works that were put into operation before the effective date of this Decree but lack such plans.

4. Organize guidance on determining the protection zones of maritime works upon the request of the project investor or the person managing the operation of the maritime work.

5. Organize publicity, dissemination, and guidance to organizations and individuals involved in maritime activities at ports on the implementation of legal provisions concerning the protection of maritime works.

6. Implement the application of information technology in management activities to facilitate and enhance efficiency in the protection of maritime works.

Article 11. Responsibilities of the Ministry of Public Security and the Ministry of National Defense

Guide and direct forces under their jurisdiction to inspect and handle violations concerning the protection of maritime works within their authority.

Article 12. Responsibilities of the Ministry of Natural Resources and Environment

Article 12. Responsibilities of the Ministry of Natural Resources and Environment

Article 13. Responsibilities of the People's Committee at the provincial level

Lead and coordinate with provincial People's Committees and the Ministry of Transport to guide the allocation of sea areas for priority construction of ports and shipping channels in accordance with overall sustainable exploitation and utilization plans of coastal resources and approved port system development plans.

Article 14. Responsibilities of organizations and individuals investing in construction and managing exploitation of maritime works

1. Construction and organization of implementation of plans for protecting maritime works in accordance with the provisions of this Decree.

2. Strictly comply with legal regulations on protection and maintenance of maritime works to always ensure the quality of the works in a safe and normal operating condition.

3. Coordinate with the Maritime Port Office and relevant agencies in investigating maritime accidents related to maritime works they have invested in constructing or managing in accordance with the law.

Article 15. Coordination in management for the protection of maritime works

1. The Maritime Port Office shall be responsible for leading and coordinating activities among specialized state management agencies at seaports in the protection of maritime works.

2. Specialized state management agencies at seaports shall be responsible for closely coordinating with each other when promptly addressing violations or incidents, maritime accidents involving maritime works.

3. Any issues arising related to the functions and responsibilities of other specialized state management agencies must be discussed and resolved uniformly; in case of disagreement, it must be promptly reported to the Maritime Port Office for resolution in accordance with the law. In cases where the issue exceeds the authority of a specialized state management agency, that agency must promptly report to its superior agency for immediate resolution; if necessary, relevant ministries and sectors shall be responsible for coordinating with the Ministry of Transport to resolve the issue but no later than four hours from the time of receiving the report, they must notify the decision on handling to the relevant agencies, organizations, and individuals.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from February 1, 2018 and replaces Government Decree No. 109/2014/NĐ-CP dated November 20, 2014 on Regulations on Protection of Seaport Works and Maritime Channels.

Article 17. Transitional Provisions

1. Projects for construction of maritime works agreed upon for investment before the effective date of this Decree but not yet put into operation shall continue to be implemented in accordance with Government Decree No. 109/2014/NĐ-CP dated November 20, 2014 on Regulations on Protection of Seaport Works and Maritime Channels.

2. For maritime works already in operation before the effective date of this Decree but without a plan for protecting maritime works, the managers of such works must complete the plan for protecting maritime works in accordance with this Decree and implement it before December 31, 2022.

Article 18. Implementation Organization

1. The Minister of Transport shall be responsible for chairing and coordinating with relevant ministries, sectors, and provincial People's Committees under central cities to implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.