Circular No. 15/2016/TT-BGTVT on inland waterway traffic management

CIRCULAR

Regulations on inland waterway management

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Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport;

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

At the proposal of the Director of the Department of Transport Infrastructure and the Director General of the Vietnam Inland Waterways Administration,

The Minister of Transport issues this Circular on inland waterway management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates regulations on inland waterway management, including: classification, decision-making authority for technical approval of inland waterways; announcement of opening and closing of dedicated inland waterway routes; boundary markers for protecting inland waterway transport infrastructure; investment projects related to inland waterway transport infrastructure and restrictions on inland waterway traffic.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in inland waterway management.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Vessel route (hereinafter referred to as route) is a water area delineated by an inland waterway navigation marking system to ensure smooth and safe passage for vessels.

2. The length of an inland waterway route is determined from the starting point to the end point along the centerline of the route.

3. An inland waterway route is one or more vessel routes on rivers, canals, creeks, lakes, ponds, swamps, bays, coastal areas, island access routes, connecting islands. The length of an inland waterway route is determined from the starting point to the end point.

Chapter II

REGULATIONS ON CLASSIFICATION AND TECHNICAL GRADING OF INLAND WATERWAYS

Inland waterways are classified into national inland waterways, provincial inland waterways, and dedicated inland waterways:

1. National inland waterways are those connecting major economic, cultural, and social centers, important transportation hubs serving the economy, national defense, and security, or inland waterways with international waterborne transport activities. The list of national inland waterway routes is specified in Appendix 3 attached to this Circular.

2. Provincial inland waterways are those within the administrative jurisdiction of provinces and centrally-administered municipalities, primarily serving local economic and social development needs. The People's Committees of provinces and centrally-administered municipalities (hereinafter referred to as Provincial People's Committee) shall announce the list of provincial inland waterway routes based on proposals from the Departments of Transport.

3. Dedicated inland waterways are those connecting specialized inland waterway ports and terminals with national or provincial inland waterways, serving the transportation needs of organizations and individuals. The Ministry of Transport and Provincial People's Committees shall announce dedicated inland waterways in accordance with Articles 6, 7, and 8 of this Circular.

1. The Minister of Transport decides on granting and adjusting technical grades for national inland waterway routes based on the proposal of the Director of the Vietnam Inland Waterway Administration for:

a) National inland waterways;

b) Special-purpose inland waterways connecting with national inland waterways, special-purpose inland waterways located across the boundaries of two provinces or centrally-run cities, or special-purpose inland waterways connecting national inland waterways with local inland waterways.

2. The Chairman of the People's Committee of the province decides on granting and adjusting technical grades for local inland waterway routes based on the proposal of the Director of the Department of Transport for:

a) Local inland waterways;

b) Special-purpose inland waterways connecting with local inland waterways.

Chapter III

ANNOUNCEMENT OF OPENING AND CLOSING OF SPECIAL-PURPOSE INLAND WATERWAY ROUTES

1. Competence for announcing the opening and closing of special-purpose inland waterway routes

a) The Ministry of Transport announces the opening and closing of special-purpose inland waterways connecting with national inland waterways, special-purpose inland waterways located across the boundaries of two provinces or centrally-run cities, or special-purpose inland waterways connecting national inland waterways with local inland waterways;

b) The People's Committee of the province announces the opening and closing of special-purpose inland waterways connecting with local inland waterways.

2. Contents of announcement for opening special-purpose inland waterway routes include:

a) Name of river, canal, scope (from point ... to point ...);

b) Type of inland waterway;

c) Place name, length and technical grade of the route;

d) Time of commencement of exploitation on the route.

3. Contents of announcement for closing special-purpose inland waterway routes include:

a) The reason for closing the inland waterway channels and routes;

b) Place name, length of the route.

c) The time of starting the closure of the inland waterway channels and routes.

1. Special-purpose inland waterways must be announced open by the competent authority specified in Clause 1 of Article 6 of this Circular before being put into operation.

2. Documents for requesting the announcement of the opening of special-purpose inland waterway routes for new routes without investment projects include:

a) Application for announcement of opening of special-purpose inland waterway route (original) according to the form prescribed in Appendix 1 issued together with this Circular;

b) Decision approving the project (certified copy or copy with original for comparison);

c) Completion documents of the works (copy).

3. Documents for requesting the announcement of the opening of special-purpose inland waterway routes for new routes without investment projects include:

a) Application for announcement of opening of special-purpose inland waterway route (original) according to the form prescribed in Appendix 1 issued together with this Circular;

b) Survey map of the current condition of the special-purpose inland waterway route to be announced (original). The map shows the position of signals and existing structures on the route.

4. Procedure for implementing the announcement of opening of special-purpose inland waterway routes

a) Organizations and individuals having special-purpose inland waterways submit one set of documents as stipulated in Clause 2 of this Article through postal service or direct submission or other appropriate methods to the Vietnam Inland Waterway Administration or the Department of Transport;

b) The Vietnam Inland Waterway Administration, the Department of Transport receives the documents; if the documents are not clear or complete as required, within two working days from the date of receipt of the documents, the Vietnam Inland Waterway Administration or the Department of Transport must guide organizations and individuals to complete the documents;

c) Within five working days from the date of receiving valid documents, the Vietnam Inland Waterway Administration, the Department of Transport report the results of examination to the Ministry of Transport, the People's Committee of the province for consideration and announcement of opening of special-purpose inland waterway routes;

d) Within five working days from the date of receiving valid documents submitted by the Vietnam Inland Waterway Administration, the Department of Transport, the Ministry of Transport, the People's Committee of the province issue a decision to announce the opening of special-purpose inland waterway routes. If不同意翻译的结果，原句中提到的第18条第b项内容为“b) 地名、航道、线路的长度；”，而您的翻译中省略了“航道”一词。请严格按照原文进行翻译，不要添加或删除任何信息。请重新提供准确的翻译。

1. The announcement of the closure of dedicated inland waterway routes and channels shall be carried out in the following cases:

a) For reasons related to national security and defense concerning the waterway routes and channels;

b) During the operation of the waterway routes and channels, it is found that the waterway routes and channels do not ensure safety for transportation activities;

c) Organizations and individuals with dedicated inland waterways no longer have the need for transportation exploitation.

2. In the case of closing dedicated inland waterway routes and channels as stipulated in points a and b of Clause 1 of this Article, the Ministry of Transport and the People's Committee of the province shall issue a decision to announce the closure of the waterway routes and channels based on the proposal of the Vietnam Inland Waterway Administration or the Department of Transport. In the case stipulated in point b of Clause 1 of this Article, there must be a record of inspection and evaluation of the waterway routes and channels between the inland waterway management agency of the region or the Department of Transport and the organizations and individuals directly managing and operating the dedicated inland waterways.

3. In the case of closing dedicated inland waterway routes and channels as stipulated in point c of Clause 1 of this Article

a) Organizations and individuals with dedicated inland waterways submit a request to close the waterway routes and channels according to the form prescribed in Appendix 2 issued together with this Circular through postal service or direct submission or other appropriate methods to the Vietnam Inland Waterway Administration or the Department of Transport;

b) Within the latest two working days from the date of receipt of the request from organizations and individuals, the Vietnam Inland Waterway Administration and the Department of Transport report to the Ministry of Transport and the People's Committee of the province for consideration and announcement of the closure of the waterway routes and channels;

c) Within the latest two working days from the date of receipt of the report from the Vietnam Inland Waterway Administration and the Department of Transport, the Ministry of Transport and the People's Committee of the province shall issue a decision to announce the closure of the waterway routes and channels.

Chapter IV

MARKERS OF THE PROTECTION ZONE FOR INFRASTRUCTURE OF INLAND WATERWAY TRANSPORTATION

Article 9. Markers and Adjustment of Markers for Protecting Infrastructure of Inland Waterway Transportation

1. The determination of works and the setting of markers for protecting works belonging to the infrastructure of inland waterway transportation shall be carried out according to the authority prescribed in Article 10 of this Circular.

2. Works marked with markers must be numbered and identified on the schematic diagram of the inland waterway route.

3. After being set, the markers are handed over to the People's Committee of the commune for management. The specifications of the markers and the distance between markers shall be implemented according to the model prescribed in Appendix 4 issued together with this Circular.

4. Adjustments to markers shall be made based on the actual situation of the development of inland waterway channels to set markers appropriately, ensuring the protection zone for the infrastructure of inland waterway transportation.

Article 10. Responsibilities in Setting Markers and Adjusting Markers for Protecting Works of Infrastructure of Inland Waterway Transportation

a) Guiding the determination of the protection zone for the infrastructure of inland waterway transportation and the setting of markers for protecting the infrastructure of inland waterway transportation;

c) Coordinating inspections and urging the determination of the protection zone, setting markers on local inland waterway routes.

2. Provincial People's Committees are responsible for:

a) Directing the determination of the protection zone for the infrastructure of inland waterway transportation, setting markers and adjusting markers for protecting works of the infrastructure of local inland waterway transportation;

4. Project investors who upgrade, renovate, or open new inland waterway routes and channels, upon handing over the completed inland waterway route to the regional inland waterway management agency, must hand over complete land clearance files, the protection zone for the infrastructure of inland waterway transportation, and markers.

Chapter V

REGULATIONS ON PROJECTS CONCERNING THE CONSTRUCTION OF WORKS RELATED TO INLAND WATERWAY TRANSPORTATION

1. When establishing investment projects for construction works related to inland waterway transport, opinions in writing from the competent authority as stipulated in Clause 1, Article 12 of this Circular must be obtained, and prior to commencing construction of the work, approval in writing of the inland waterway transport safety assurance plan from the competent authority as stipulated in Clause 2, Article 12 of this Circular must be secured.

2. Construction projects related to inland waterway transport include:

a) Building permanent bridges, temporary bridges, ship berths, ferry terminals, ports, inland waterway cargo handling and passenger embarkation/disembarkation facilities, thermal power plants, floating structures, submerged structures on inland waterways;

b) Constructing overhead or underwater pipelines and power lines crossing channels;

c) Building revetments, dams, hydropower plants, irrigation works, combined hydropower and transport works, other rectification works (excluding emergency flood and storm prevention and dike protection works);

d) Building fish ports; ports and berths serving security and defense purposes;

đ) Excavation work (excluding annual maintenance dredging of inland waterways and dredging to ensure transport while recovering products);

e) Exploiting natural resources;

g) Salvage and removal of obstructions;

h) Aquaculture and mariculture areas (fish rafts, bottom fish farms, aquaculture and mariculture breeding grounds, waters for vocational training, anchorage for vessels, restaurants, entertainment areas, sports areas on inland waterways).

1. The authority to provide comments during the project investment planning phase is stipulated as follows:

a) The Ministry of Transport shall provide opinions in writing regarding works ensuring security and defense on national inland waterways;

b) Provincial People's Committees shall provide opinions in writing regarding works ensuring security and defense on provincial inland waterways;

c) The Vietnam Inland Waterway Administration shall provide opinions in writing regarding works on national inland waterways, except as provided in point a of this clause; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways spanning two or more provinces or centrally-administered municipalities; dedicated inland waterways connecting national inland waterways with provincial inland waterways;

d) Departments of Transport shall provide opinions in writing regarding works on provincial inland waterways, except as provided in point b of this clause; dedicated inland waterways connecting with provincial inland waterways.

2. The authority to approve safety assurance plans for inland waterway transport is defined as follows:

a) The Vietnam Inland Waterway Administration shall approve safety assurance plans for construction works ensuring security and defense on national inland waterways;

b) Branches managing inland waterways shall approve safety assurance plans for construction works on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways spanning two or more provinces or centrally-administered municipalities; dedicated inland waterways connecting national inland waterways with provincial inland waterways, except as provided in point a of this clause;

c) Departments of Transport shall approve safety assurance plans for construction works on provincial inland waterways; dedicated inland waterways connecting with provincial inland waterways.

During the project investment planning phase for construction projects related to inland waterway transport as stipulated in Clause 2, Article 11 of this Circular, in addition to complying with laws on investment and construction, the investor shall send one set of documents via postal service or submit directly or through other appropriate means to the competent authority as specified in Clause 1, Article 12 of this Circular. The documents shall include:

1. A request document according to the model prescribed in Appendix 5 issued together with this Circular. The content of the document must clearly state the location, scale of the project, hydrological conditions, and main structures of the project.

2. A plan of the construction site area or a drawing at a scale showing the position of the project with coordinate systems and elevation markers relative to the national marker system. The plan must show natural cross-sectional elevations along the longitudinal section of the inland waterway for the construction site area (excluding areas for aquaculture, marine farming, training waters, anchorage areas, restaurants, entertainment zones, sports areas).

3. In addition to the provisions of Clause 2 of this Article, the documents must also include the following supporting materials for each specific case:

a) For permanent bridge, temporary bridge construction projects: data on ship passage clearance dimensions (location, span width, clear height); longitudinal profile drawings of the project shown on cross-sections of the river;

b) For rotating bridges, lifting bridges, floating bridges, boat docks, dams, hydropower plants, irrigation works, combined hydropower and irrigation works: data on ship passage clearance dimensions (location, width), clearly indicating the layout and technology for opening and closing, design drawings of the water area planned for vessel anchorage while waiting, depth at the ship passage clearance of combined hydropower and irrigation works;

c) For pipeline and overhead line projects crossing airways: drawings and data on ship passage clearance dimensions, clearly indicating the lowest point of the overhead line or pipeline (the lowest point of the power line including the safe distance from the power grid);

d) For fishery ports; security and defense ports; wind power and thermal power plant projects; inland waterway ports, ferry terminals; revetments: drawings showing the layout of the port and terminal areas; revetment structures and other rectification works; dimensions and structures of port and terminal wharves, revetments, and other rectification works, and auxiliary facilities; necessary water areas for port and terminal operations, wind power and thermal power plant projects;

e) For resource exploitation and dredging projects: cross-sectional drawings and marker records to determine the location of dredging, dumping, or resource extraction;

f) For underwater pipelines and cables: drawings showing the distance and elevation of the top of the structure to the natural bottom of the channel, the extent of the channel and inland waterway navigation channel buffer zone;

4. For areas for aquaculture, marine farming, training waters, anchorage areas, restaurants, entertainment zones, sports areas, the documents shall include:

a) A request document according to the model prescribed in Appendix 5 issued together with this Circular. The content of the document must clearly state the location and scope of the area;

b) Drawings showing the scope (length, width) of the area, the extent of the channel and its protection buffer zone, distances to existing structures related to the area, and plans for traffic safety signaling arrangements for inland waterway transport.

1. For construction projects ensuring security and defense on national inland waterways:

a) The Vietnam Inland Waterway Administration shall receive the dossier. If the dossier is not clear or complete as prescribed, within two working days from the date of receipt of the dossier, the Vietnam Inland Waterway Administration must guide organizations and individuals to complete the dossier;

b) Within five working days at the latest from the date of receiving a valid dossier, the Vietnam Inland Waterway Administration shall report the results of the review to the Ministry of Transport;

c) Within five working days at the latest from the date of receiving a valid dossier submitted by the Vietnam Inland Waterway Administration, the Ministry of Transport shall issue a document expressing its opinion.

2. For construction projects ensuring security and defense on local inland waterways:

a) The Department of Transport shall receive the dossier. If the dossier is not clear or complete as prescribed, within two working days from the date of receipt of the dossier, the Department of Transport must guide organizations and individuals to complete the dossier;

b) Within five working days at the latest from the date of receiving a valid dossier, the Department of Transport shall report the results of the review to the People's Committee of the province;

c) Within five working days at the latest from the date of receiving a valid dossier submitted by the Department of Transport, the People's Committee of the province shall issue a document expressing its opinion.

3. Construction projects on national inland waterway routes, except as provided in Clause 1 of this Article; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways located across the boundaries of two or more provinces or centrally governed cities; dedicated inland waterways connecting national inland waterways with local inland waterways:

a) The Vietnam Inland Waterway Administration shall receive the dossier. If the dossier is not clear or complete as prescribed, within two working days from the date of receipt of the dossier, the Vietnam Inland Waterway Administration must guide organizations and individuals to complete the dossier;

b) Within five working days at the latest from the date of receiving a valid dossier, the Vietnam Inland Waterway Administration shall issue a document expressing its opinion.

4. For construction projects on local inland waterway routes, except as provided in Clause 2 of this Article; dedicated inland waterways connecting with local inland waterways:

a) The Department of Transport shall receive the dossier. If the dossier is not clear or complete as prescribed, within two working days from the date of receipt of the dossier, the Department of Transport must guide organizations and individuals to complete the dossier;

b) Within five working days at the latest from the date of receiving a valid dossier, the Department of Transport shall issue a document expressing its opinion.

Prior to commencing construction of projects specified in points a, b, c, d, đ, e, and point g of Clause 2 of Article 11 of this Circular, the project sponsor or organization or individual implementing the project shall submit one set of dossier through postal service, direct submission, or other appropriate means to the competent authority as stipulated in Clause 2 of Article 12 of this Circular. The dossier includes:

1. A request for approval of measures to ensure inland waterway traffic safety according to the model prescribed in Appendix 5 issued together with this Circular.

2. The construction plan for the project.

3. The plan to ensure inland waterway traffic safety in the construction area, including:

a) General description of the plan;

b) Overall layout drawings showing the arrangement of traffic safety signaling, positions of control stations, and arrangements of control equipment;

c) Human resource allocation plan;

d) Regulations guiding vessel passage through the construction area;

đ) Implementation timeline for the plan.

4. For adjusted traffic safety plans, in addition to the contents prescribed in Clauses 2 and 3 of this Article, the reasons for adjustment must be clearly stated for each case.

1. For national inland waterways; inland waterways dedicated connecting with national inland waterways; inland waterways dedicated spanning across the boundaries of two or more provinces or centrally governed cities; inland waterways dedicated connecting national inland waterways with local inland waterways.

a) The competent authority specified in points a and b Clause 2 Article 12 of this Circular shall receive the application dossier. In case the dossier is not clear or complete as prescribed, within 02 (two) working days from the date of receipt of the dossier, the competent authority must guide organizations or individuals to perfect the dossier;

b) At the latest 05 (five) working days from the date of receiving the complete dossier as prescribed, the competent authority specified in points a and b Clause 2 Article 12 of this Circular shall issue a document approving the plan. In case the traffic safety assurance plan is not approved, the competent authority must reply in writing and specify the reasons;

c) The project investor or organization or individual carrying out the work and the competent authority specified in points a and b Clause 2 Article 12 of this Circular shall jointly determine the water area and channel status within the scope of the construction work;

d) During the construction process, the project investor or organization or individual carrying out the work must fully implement the traffic safety assurance plan. In case it is necessary to change the construction and operation plan of the work, the project investor or organization or individual carrying out the work must resubmit the dossier to the competent authority for examination and approval of the adjustment of the traffic safety assurance plan. The procedure for requesting adjustment of the traffic safety assurance plan shall be carried out according to the provisions of Article 15 of this Circular and points a, b, and c of this clause.

2. For local inland waterways; inland waterways dedicated connecting with local inland waterways:

a) The Department of Transport shall receive the dossier. If the dossier is not clear or complete as prescribed, within two working days from the date of receipt of the dossier, the Department of Transport must guide organizations and individuals to complete the dossier;

b) At the latest 05 (five) working days from the date of receiving the complete dossier as prescribed, the Department of Transport shall issue a document approving the plan. In case the traffic safety assurance plan is not approved, the Department of Transport must reply in writing and specify the reasons;

c) The project investor or organization or individual carrying out the work and the Department of Transport shall jointly determine the water area and channel status within the scope of the construction work;

d) During the construction process, the project investor or organization or individual must fully implement the traffic safety assurance plan. In case it is necessary to change the construction and operation plan of the work, the project investor or organization or individual carrying out the work must resubmit the dossier to the Department of Transport for examination and approval of the adjustment of the traffic safety assurance plan. The procedure for requesting adjustment of the traffic safety assurance plan shall be carried out according to the provisions of Article 15 of this Circular and point a, b, and c of this clause.

1. Within 30 (thirty) days from the completion date of the work as stipulated in Clause 2 Article 11 of this Circular, the project investor or organization or individual carrying out the work must perform the following tasks:

a) Install inland waterway navigation aids as prescribed;

b) Organize the clearance and removal of obstacles generated during the construction process within the construction water area or outside the construction water area affecting the safety of inland waterway traffic;

c) Hand over the channel and channel protection zone to the inland waterway management authority of the region for national inland waterways; inland waterways dedicated connecting with national inland waterways; inland waterways dedicated spanning across the boundaries of two or more provinces or centrally governed cities; inland waterways dedicated connecting national inland waterways with local inland waterways or the Department of Transport for local inland waterways; inland waterways dedicated connecting with local inland waterways.

2. The handover contents specified in point c Clause 1 of this Article include:

a) Inspection and clearance report of the construction water area after completion of the work between the project investor or organization or individual carrying out the work and the inland waterway management authority of the region or the Department of Transport based on the agreed clearance plan;

b) Confirmation report between the inland waterway management authority of the region or the Department of Transport and the project investor or organization or individual confirming the installation of inland waterway navigation aids of the work in accordance with regulations;

c) Handover report of the construction site channel between the project investor or organization or individual carrying out the work and the inland waterway management authority of the region or the Department of Transport based on the results of inspection, clearance, and removal of obstacles in the construction area;

d) As-built drawings including: Overall layout map of the work location and the scope of clearance and removal of obstacles in the construction area. The map must be confirmed by the project investor, organization or individual carrying out the work, and the inland waterway management authority of the region or the Department of Transport; Longitudinal section of the work shown on the cross-section of the riverbed (for bridge, cable, or pipeline works crossing the channel above or below the channel bottom), or a cross-section of the river at the location of the work having the greatest impact on inland waterway transportation in the region (for embankment, dam, dredging, and obstacle removal works), or cross-sections determined during the investment project planning (for dredging and resource extraction works); Layout diagram of inland waterway navigation aids of the work.

3. The Inland Waterway Management Branch or the Department of Transport shall be responsible for monitoring, inspecting, guiding, and urging the project investor or organization or individual carrying out the work to comply with the provisions of Clauses 1 and 2 of this Article according to the management hierarchy.

4. When hydropower projects operate to release water or floodwater, the project owner or their representative must be responsible for notifying the inland waterway management authority in the area to ensure the safety of inland waterway traffic downstream.

5. During the period when the project investor or organization or individual constructing the project has not implemented the provisions stipulated in Clause 1 and Clause 2 of this Article, the project investor or organization or individual constructing the project shall bear responsibility for the consequences resulting from the loss of safety of inland waterway traffic occurring in the area.

Article 18. Inspection and Resolution of Projects, Construction Works, and Existing Works Related to the Safety of Inland Waterway Traffic

1. For projects, construction works, and existing works related to the safety of inland waterway traffic as specified in Clause 2 of Article 11 of this Circular, the managing organizations or individuals shall have the responsibility to resolve and handle them when they determine that the projects or works affect the safety of inland waterway traffic, or upon request by the inland waterway management authority, traffic police, or transport inspectors.

2. The competent authority for inland waterway traffic management shall inspect and discover projects, construction works, and existing works affecting the safety of inland waterway traffic, and require the managing organizations or individuals of such projects or works to take measures to ensure the safety of inland waterway traffic or temporarily suspend the operation of the construction works or exploitation if it poses danger to the structure of the projects or works or inland waterway traffic activities for repair and rectification.

3. Organizations or individuals who discover projects, construction works, or existing works affecting the safety of inland waterway traffic must immediately report and cooperate with the competent authority for inland waterway traffic management, traffic police, or transport inspectors to promptly address and resolve the situation.

4. For operational works where the inland waterway signaling system has not yet been handed over to the inland waterway management authority or where there are signals but they are incomplete or do not meet the technical standards for inland waterway signaling, the work owner must supplement and rectify according to the requirements and guidance of the competent authority for inland waterway traffic management.

Chapter VI

REGULATIONS ON LIMITATIONS ON INLAND WATERWAY TRAFFIC AND MEASURES TO ENSURE THE SAFETY OF INLAND WATERWAY TRAFFIC

Cases of limitations on inland waterway traffic are prescribed in Clause 1 of Article 21 of the Law on Inland Waterway Traffic.

Besides the cases prescribed in Clause 1 of this Circular, the competence to announce limitations on inland waterway traffic is regulated as follows:

1. The Ministry of Transport announces limitations on traffic based on the proposal of the Vietnam Directorate of Inland Waterways for cases ensuring national security and defense on national inland waterways.

2. Provincial People's Committees announce limitations on traffic based on the proposal of the Department of Transport for cases ensuring local security and defense on local inland waterways.

3. Branches managing inland waterways announce limitations on traffic on national inland waterways; specialized inland waterways connecting to national inland waterways; specialized inland waterways located across two provinces or centrally governed cities and above; and specialized inland waterways connecting national inland waterways with local inland waterways, except for the cases prescribed in Clause 1 of this Article.

4. Departments of Transport announce limitations on traffic on local inland waterways and specialized inland waterways connecting to local inland waterways, except for the cases prescribed in Clause 2 of this Article.

1. In the case of construction works:

a) Prior to construction work, organizations and individuals shall submit one set of documents in accordance with Article 15 of this Circular through postal service or directly or by other appropriate means to the competent authority for inland waterway traffic requesting the announcement of restrictions on inland waterway traffic; if the documents are not clear or complete as required, the organization or individual shall be guided to perfect the documents. The time limit for reviewing and requesting supplementary documents shall not exceed two working days;

b) If the traffic safety assurance plan stipulated in Article 16 of this Circular has been approved by the competent authority, organizations and individuals only need to send a request for announcing traffic restrictions through postal service or directly or by other appropriate means to the competent authority for inland waterway traffic specified in Clause 2, Article 12 of this Circular. The document clearly states the location, time of restriction for construction work affecting the inland waterway channel;

c) Within the latest five working days from the date of receiving complete valid documents, the competent authority specified in Clause 2, Article 12 of this Circular shall be responsible for implementing the announcement of restrictions on inland waterway traffic.

2. In cases involving security and defense along the inland waterway route, organizations and individuals requesting the announcement of traffic restrictions shall prepare one set of documents and submit them to the competent authority specified in Clauses 1 and 2, Article 20 of this Circular.

a) The documents include: General explanation of the plan; Overall layout drawing showing the arrangement of traffic safety signals, positions of control stations, and arrangements of control equipment; Human resource allocation plan; Regulations guiding vessel passage through the area or alternative routing plans for prohibited channels; Time schedule for implementing the traffic restriction plan.

b) The Vietnam Inland Waterways Administration shall receive the documents and based on actual requirements determine traffic safety measures in the area to submit to the Ministry of Transport for consideration and announcement;

c) The Department of Transport shall receive the documents and based on actual requirements determine traffic safety measures in the area to submit to the provincial People's Committee for consideration and announcement.

3. In cases of organizing sports activities, festivals, or exercises on inland waterways

a) Organizations and individuals wishing to organize such activities shall submit a document to the competent authority for inland waterway traffic management as stipulated in Article 20 of this Circular requesting the announcement of traffic restrictions. The request must clearly state the location, time, scope, scale of the activity, and accompanying legal documents;

b) The competent authority for announcing restrictions on inland waterway traffic shall review and determine traffic safety measures to issue a response within five working days from the date of receipt of the request document and implement the announcement of restrictions on inland waterway traffic. The response document must clearly state the requirements for traffic safety measures.

4. In cases of sudden obstacles; flood prevention, typhoon prevention, disaster relief, rescue operations, the competent authority for announcing restrictions on inland waterway traffic as stipulated in Article 20 of this Circular shall base on actual requirements to determine traffic safety measures and implement the announcement of restrictions on inland waterway traffic.

5. Costs for announcing traffic restrictions and costs for implementing traffic safety measures during the restricted period shall be borne by the organization or individual conducting the construction work or carrying out the activities specified in Clauses 2, 3, and 4 of this Article, except in cases of unclaimed sudden obstacles.

Article 22. Effectiveness

This Circular takes effect from September 15, 2016. It abolishes Circular No. 70/2014/TT-BGTVT dated December 5, 2014 of the Minister of Transport on the management of inland waterways and Decision No. 970/QĐ-BGTVT dated April 15, 2009 of the Minister of Transport on the announcement of national inland waterways.

Article 23. Implementation Organization

1. The Vietnam Inland Waterways Administration shall organize the implementation and inspection of the implementation of this Circular.

2. The Director of the Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Inland Waterways Administration, the Directors of the Department of Transport, the Heads of relevant agencies, organizations, and individuals shall be responsible for enforcing this Circular./.