Decree No. 159/2018/ND-CP on management of dredging activities in port water areas and inland waterways

DECREE

VOn the management of dredging activities in port water areas and inland waterway water areas

 

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

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

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

At the proposal of the Minister of Transport;

The Government issues this Decree on the management of dredging activities in port water areas and inland waterway water areas.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Decree stipulates the management of dredging activities in port water areas and inland waterway water areas.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals within and outside Vietnam related to dredging activities in port water areas and inland waterway water areas.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Inland waterway water areas include inland waterways, port water areas, inland waterway wharfs, storm shelters, transshipment zones, anchorage zones for vessels.

2. Marine channel dredging work as prescribed in this Decree includes dredging of marine channels and associated turning areas.

3. The inland waterway transport management agency in the region is the specialized state management agency for inland waterway transport in the region assigned with management responsibilities, including the Branch of Inland Waterway Transport, the Inland Waterway Transport Management Office under the Directorate of Inland Waterway Transport, or the Inland Waterway Transport Management Office under the Department of Transport or the Department of Transport where there is no local Inland Waterway Transport Management Office.

4. Socialized dredging project in port water areas is a dredging project in port water areas carried out under the product recovery model.

5. Socialized dredging project in inland waterway water areas is a dredging project in inland waterway water areas carried out under the product recovery model.

6. Dredging activity is the use of mechanical and hydraulic construction equipment underwater to remove material from the bottom (dredged material); it includes construction dredging activities and product recovery dredging activities.

7. Product recovery dredging is a construction dredging activity in which part or all of the dredged material is utilized for other purposes.

8. Construction dredging includes basic dredging and maintenance dredging.

a) Basic dredging is the initial dredging activity carried out to create a new water area or water zone that meets exploitation and utilization requirements or to reduce depth or expand the scope of existing water areas or water zones.

b) Maintenance dredging is the activity carried out to maintain the depth and scope of a water area or water zone established through basic dredging activities.

9. Maintaining standards involves implementing activities to ensure compliance with technical parameters of port water areas and inland waterway water areas according to approved designs.

10. Dredging construction equipment includes all equipment and devices used during the dredging construction process, including suction and gravel extraction equipment.

11. Automatic Identification System (AIS) is a radio wave transmission and reception system operating on the VHF band as prescribed for data exchange between watercraft and external objects.

12. AIS device is a device installed on a vessel to proactively provide information about the vessel (vessel name, call sign, coordinates, heading, and speed...) according to the AIS automatic identification system standard to other vessels operating in the area and the shore station of the manager.

13. Video recording device (Camera) is a device for recording moving images and transmitting them to a specific location, displayed on limited screens.

 

Chapter II

GENERAL PROVISIONS ON THE MANAGEMENT OF DREDGING ACTIVITIES IN PORT WATER AREAS AND INLAND WATERWAY WATER AREAS

 

Article 4. Principles for dredging operations in port water areas and inland waterway water areas

1. Dredging activities must comply with the provisions of this Decree and other relevant laws to ensure maritime safety, maritime security, inland waterway traffic order and safety, environmental pollution prevention, community safety, dike and irrigation system safety, disaster prevention, riverbed and bank erosion prevention, and not affect the structure of maritime infrastructure, inland waterway traffic infrastructure, and other works.

2. Dredging activities shall not be carried out in port water areas and inland waterway water areas if such activities may obstruct vessels' sheltering during flood seasons or when natural disasters occur.

3. Before commencing dredging activities, the dredging construction unit must notify the implementation plan (time, progress, scale of the project, type and quantity of construction equipment, implementation form) to specialized management agencies (Maritime Port Management Unit, inland waterway management agency), local authorities where the project is located, and post a notice board at the construction site throughout the construction period. The notice board must include information on the approving authority, project sponsor, investor, supervising consultant organization, construction unit, project scale, construction progress, start date, completion date, funding source, and implementation form.

4. Basic dredging projects in inland waterways must be approved by the Ministry of Natural Resources and Environment or the People's Committee of the province according to the law on water resources. In cases where basic dredging projects in inland waterways involve dikes, opinions of the People's Committee of the province managing the dikes must be sought; for basic dredging projects on inland waterways with dikes from Class III to Special Class or spanning two or more provinces, opinions of the Ministry of Agriculture and Rural Development must be sought before approving the project.

5. Dredged materials must be managed in accordance with the law on environmental protection, land law, marine and island resources law, and other relevant laws.

Article 5. Requirements for construction work and disposal of dredged materials

1. The sponsors and investors of dredging projects in port water areas and inland waterway water areas are responsible for organizing supervision of construction work and disposal of dredged materials throughout the entire period from the start to the end of dredging activities, including but not limited to the following:

a) Strictly supervise construction equipment to ensure that construction is within the designated scope and design of the project;

b) Strictly supervise transport vehicles for disposing of dredged materials, their routes, and the sinking of dredged materials and waste disposal at sea at locations approved by authorized agencies;

c) Inspect and supervise the installation and operation of the dredging monitoring system, manage data from the dredging monitoring system, and connect it to the monitoring system of the authorized agency to meet management, inspection, and data retrieval requirements upon request;

d) Supervise construction activities to ensure safety, environmental protection, and other requirements stipulated by law.

2. Requirements for the dredging monitoring system:

a) The dredging monitoring system installed on construction equipment includes an Automatic Identification System (AIS) to automatically provide information about the location of the construction equipment;

b) The dredging monitoring system installed on transport and disposal vehicles includes an AIS providing information about the vehicle's route and a video recorder providing images of the cargo hold containing dredged material from the time of receiving the material until disposal at the designated location;

c) The dredging monitoring system must be installed in appropriate positions, fixed on construction and transport vehicles, facilitating full data and image recording, with measures to prevent data distortion (such as lead seals, tamper-proof seals, etc.), ensuring continuous and stable operation throughout the construction period.

3. Construction equipment must meet environmental protection requirements and prevent the spillage of dredged materials during construction and transportation.

Article 6. Traffic safety assurance plan for dredging activities in coastal port waters and inland waterway waters

1. Prior to conducting dredging activities, the project investor and investor must develop a traffic safety assurance plan to be submitted to the competent authority for examination and approval in accordance with this Decree.

2. The contents of the traffic safety assurance plan include:

a) Name of the project, name and address of the project investor, location, scale, volume of dredging, location of disposal of dredged materials;

b) Dredging time;

c) Construction methods;

d) Measures to ensure traffic safety;

đ) List of construction vessels (quantity, capabilities, technical specifications, inspection validity period, etc.);

e) Proposal for coordination mechanisms between relevant agencies and units.

3. The project investor and investor shall submit directly or through the postal system or by other appropriate means one set of application documents for approval of the traffic safety assurance plan to the competent authority for approval in accordance with the provisions, specifically:

a) The Maritime Port Management Unit in the region shall approve the traffic safety assurance plan for dredging activities in coastal port waters;

b) The inland waterway management agency in the region shall approve the traffic safety assurance plan for dredging activities in inland waterway waters.

4. Application documents for approval of the traffic safety assurance plan include:

a) Request for approval of the traffic safety assurance plan;

b) Copy of the investment decision for the construction project;

c) Copy of the design approval decision for the construction project;

d) Copy of the overall layout plan of the project;

đ) Original traffic safety assurance plan.

5. Procedure for receiving and processing documents:

The competent authority specified in Clause 3 of this Article shall accept the documents. If the documents are not valid, the competent authority must provide guidance to complete the documents in accordance with this Decree within the latest three working days from the date of receipt of the documents. If the documents are valid, the competent authority must seek opinions from relevant agencies and units within the latest three working days from the date of receipt of the documents. Within the latest five working days from the date of receipt of all opinions, the competent authority must issue a document approving the traffic safety assurance plan and send it directly or through the postal system to the project investor and investor; in case of non-approval, a document explaining the reasons must be issued.

6. Responsibilities for directing, guiding, and supervising dredging activities according to the approved traffic safety assurance plan:

a) The Vietnam Maritime Administration is responsible for directing and guiding the Maritime Port Management Units in the regions regarding dredging activities in coastal port waters;

b) The Vietnam Inland Waterways Administration is responsible for directing and guiding the inland waterway management agencies in the regions regarding national inland waterway dredging activities;

c) The Department of Transport is responsible for directing and guiding the local inland waterway management agencies regarding local inland waterway dredging activities.

7. When carrying out dredging during natural disasters or bad weather conditions, vessels must follow storm avoidance instructions given by the competent authority.

8. For dredging activities that do not affect maritime transportation or inland waterway transportation, there is no need to establish a traffic safety assurance plan.

Article 7. Environmental work regulations

1. Basic dredging projects in coastal port waters and inland waterway waters must be subject to environmental impact assessments in accordance with laws on environmental protection.

2. For maintenance dredging projects with annual implementation volumes that have a regular pattern, environmental impact assessments or environmental protection plans shall be conducted annually or within a cycle up to five years. The establishment, review, and approval of environmental impact assessment reports or environmental protection plans shall be based on the following basic information:

a) The scale and volume of previous years' dredging or initial survey data serve as the basis for forecasting future annual volumes in Chapter I of the environmental impact assessment report or environmental protection plan of the project or works;

b) The costs for preparing and reviewing environmental impact assessment reports or environmental protection plans are determined based on the total investment amount of the project or works in the first year of the cycle and are settled from the allocated budget in the first year of the cycle.

3. Determining the location for disposing of dredged materials on land for dredging activities in coastal port waters and inland waterway waters shall be carried out as follows:

a) The project proponent or investor shall submit a written request to the People's Committee of the province or centrally governed city (hereinafter referred to as the Provincial People's Committee) to arrange and approve the disposal location for the works.

Within fifteen working days, the Provincial People's Committee must issue a written response regarding the arrangement of a suitable disposal location for the works; if not approved, it must provide a written response stating the reasons.

b) In cases where the Provincial People's Committee has not announced or cannot arrange a disposal location, the project proponents and investors will independently seek a disposal location and report to the Provincial People's Committee for approval, serving as the basis for implementation.

Within fifteen working days, the Provincial People's Committee must issue a written response regarding the arrangement of a suitable disposal location for the works; if not approved, it must provide a written response stating the reasons.

Article 8. Dredging activities related to national defense and security

1. The Minister of National Defense and the Minister of Public Security shall, based on their functions, tasks, and authorities, specify the management mechanism for dredging activities within the scope of national defense and national security in military areas.

2. The content of the management mechanism for dredging activities specified in Clause 1 of this Article must include coordination mechanisms between functional forces of the Ministry of National Defense and the Ministry of Public Security with relevant state management agencies to ensure safety in maritime or inland waterway operations.

Article 9. Recovery of natural resources and minerals through dredging activities

1. The recovery of natural resources and minerals through dredging activities shall be carried out in accordance with laws on natural resources and minerals, construction work and disposal of dredged materials as stipulated in Article 5 of this Decree, and traffic safety measures for dredging activities as stipulated in Article 6 of this Decree.

2. The Provincial People's Committee shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction, the Ministry of Transport, and other relevant agencies in supervising and organizing the implementation of activities to recover natural resources and minerals through dredging activities to ensure they do not affect maritime and inland waterway transportation activities, security and safety, and environmental protection requirements as prescribed by law.

 

Chapter III

MAINTENANCE OF PUBLIC MARITIME CHANNELS AND INLAND WATERWAY CHANNELS FROM THE STATE BUDGET UNDER THE MANAGEMENT OF THE MINISTRY OF TRANSPORTATION AND THE PROVINCIAL PEOPLE'S COMMITTEE

 

Article 10. Principles for managing dredging and maintenance of public maritime shipping channels and inland waterway channels from state budget sources

1. The work of dredging and maintaining public maritime shipping channels and inland waterway channels using state budget funds shall be managed by the Ministry of Transport and provincial People's Committees, and shall be guaranteed and arranged from annual state budget funds to implement such activities.

2. Warranty and construction insurance for dredging and maintenance projects of public maritime shipping channels and inland waterway channels shall not be implemented.

Article 11. Allocation of organizations to carry out tasks

1. Agencies responsible for planning and budgeting:

a) The Ministry of Transport assigns plans and budgets for national maritime shipping channel and inland waterway channel dredging and maintenance work;

b) Provincial People's Committees assign plans and budgets for local inland waterway channel dredging and maintenance work.

2. For dredging and maintenance of public maritime shipping channels: The Ministry of Transport exercises the authority of the investment decision-maker; the Vietnam Maritime Administration exercises the authority of the project owner and some responsibilities of the investment decision-maker (as stipulated in Articles 16 and 17 of this Decree). Public service enterprises ensuring maritime safety are assigned to perform some responsibilities of the project owner (as stipulated in Articles 16, 17, 18, 19, and 21 of this Decree) according to contracts for public service dredging and maintenance of maritime shipping channels signed with the Vietnam Maritime Administration.

3. For dredging and maintenance of national inland waterway channel routes: The Ministry of Transport exercises the authority of the investment decision-maker; the Vietnam Inland Waterways Administration exercises the authority of the project owner and some responsibilities of the investment decision-maker (as stipulated in Articles 16 and 17 of this Decree).

4. For dredging and maintenance of local inland waterway channels: Provincial People's Committees exercise the authority of the investment decision-maker, and the Department of Transport implements the responsibilities of the project owner.

Article 12. Forms of Implementation

1. Forms of maintaining public maritime shipping channels and inland waterway channels using state budget funds include:

a) Maintenance based on actual volume including: Annual dredging and maintenance; emergency dredging and maintenance to ensure traffic safety through a simplified tender process for urgent tasks due to force majeure that could pose risks to maritime safety, inland waterway traffic safety, or significantly impact maritime and inland waterway operations if not carried out;

b) Maintenance based on quality performance: Contracted maintenance to maintain standards over a defined period.

2. The Ministry of Transport:

a) Determines the form of implementation for dredging and maintenance of national public maritime shipping channels and inland waterway channels;

b) Specifies details regarding contracted maintenance to maintain standards over a defined period and emergency dredging and maintenance to ensure traffic safety.

3. Provincial People's Committees determine specific forms of implementation for local inland waterway channel dredging and maintenance.

Article 13. Implementation Procedures

The dredging and maintenance of public maritime channels and inland waterway channels using state budget funds shall be carried out in the following steps:

1. Prepare the dredging and maintenance plan.

2. Allocate the state budget expenditure estimate.

3. Environmental protection procedures shall be implemented in accordance with Article 7 of this Decree.

4. Prepare design and project estimates.

5. Organize the selection of contractors.

6. Hand over the construction site, organize the implementation of the project, and conduct inspection and supervision.

7. Acceptance of the project.

8. Payment and settlement of the project.

Article 14. Preparation of Dredging and Maintenance Plans, Maintenance Plans

1. The Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall prepare plans and budgets for maintaining national maritime works and inland waterways, submit them to the Ministry of Transport for review and approval, and incorporate the maintenance project budget estimates into the annual revenue and expenditure budget estimates of the Ministry of Transport, then send them to the Ministry of Finance.

2. The Department of Transport shall prepare annual maintenance plans for local inland waterways and submit them to the provincial People's Committee for approval.

Article 15. Allocation of State Budget Expenditure Estimates

1. The Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall prepare state budget expenditure estimates, submit them to the Ministry of Transport for consolidation, and send them to the Ministry of Finance in accordance with regulations.

2. Based on the state budget expenditure estimates allocated by the Ministry of Finance, the Ministry of Transport shall approve the maintenance plans and allocate state budget expenditure estimates to the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration. The allocation of expenditure estimates for dredging and maintenance projects of public maritime channels and inland waterway channels shall be based on approved infrastructure maintenance plans; it is not mandatory to have project estimates approved by competent authorities.

3. Local transport management agencies shall prepare the operating budget for local inland waterways, submit them to the same-level financial agencies for examination and consolidation, and report to the competent authority according to regulations.

Article 16. Design and Project Estimates

1. Construction drawings and project estimates

a) Construction drawings and project estimates shall be prepared based on the latest survey chart announcing the depth of maritime channels and inland waterway channels, but not more than six months from the date of design approval; in cases where the announcement of maritime channels and inland waterway channels exceeds six months from the date of design approval or there are no data on announcements of maritime channels and inland waterway channels, surveys must be conducted to prepare construction drawings and project estimates. The designed dredging volume shall include the expected sedimentation volume from the time of the latest survey announcement of maritime and inland waterway channels to the time of handover survey; the preparation of project proposals or economic and technical reports and the review and acceptance inspection stages by specialized construction agencies shall not be required.

b) For contracted maintenance dredging within a specified period and emergency dredging to ensure traffic safety: The Ministry of Transport shall provide detailed guidance on the preparation of construction drawings and project estimates.

2. Preparation, Review, and Approval of Construction Drawings and Project Estimates

a) Enterprises providing public utility services ensuring maritime safety shall be responsible for selecting and signing contracts with consulting firms for design, environmental impact assessment, and review; organizing the preparation, review, and submission of construction drawings and project estimates, environmental protection cost estimates, task outlines, and technical schemes for handover surveys, supervision outlines, and technical schemes for acceptance surveys of public maritime channel dredging and maintenance projects to the Vietnam Maritime Administration;

b) The Vietnam Maritime Administration shall organize the review and approval of construction drawings and project estimates, environmental protection cost estimates, task outlines, and technical schemes for handover surveys, supervision outlines, and technical schemes for acceptance surveys of public maritime channel dredging and maintenance projects;

c) Regional inland waterway management agencies shall organize the preparation and review for submission to the Vietnam Inland Waterways Administration for review and approval: construction drawings and project estimates, environmental protection cost estimates, task outlines, and technical schemes for handover surveys, supervision outlines, and technical schemes for acceptance surveys of national inland waterway channel dredging and maintenance projects;

d) Provincial People's Committees shall organize the review and approval of construction drawings and project estimates for local inland waterway channel dredging and maintenance projects.

Article 17. Selection of Contractors

1. Preparation of Contractor Selection Plans

a) Enterprises providing public utility services ensuring maritime safety shall prepare contractor selection plans for public maritime channel dredging and maintenance projects, submit them to the Vietnam Maritime Administration for review and approval in accordance with regulations;

b) Regional inland waterway management agencies shall prepare contractor selection plans for national inland waterway channel dredging and maintenance projects, submit them to the Vietnam Inland Waterways Administration for review and approval in accordance with regulations;

c) Provincial People's Committees shall organize the preparation of contractor selection plans, review, and approval in accordance with regulations for local inland waterway channel dredging and maintenance projects.

2. Organization of Contractor Selection

a) The Vietnam Maritime Administration shall select and sign contracts with survey and handover agencies, supervision agencies, acceptance survey agencies, auditing agencies, and service providers managing and operating AIS information according to the bidding laws for public maritime channel dredging and maintenance projects;

Enterprises providing public utility services ensuring maritime safety shall undertake some tasks of the project owner in selecting and signing contracts with consulting firms for environmental protection work and contractors for public maritime channel dredging and maintenance projects in accordance with bidding laws.

The Vietnam Maritime Administration shall undertake the responsibilities of the authorized person prescribed in Article 73 of the Bidding Law for bidding packages carried out by enterprises providing public services to ensure maritime safety that are assigned to select and enter into contracts.

b) When assigned, the inland waterway management agency of the region shall organize the selection of contractors, and submit the results to the Vietnam Inland Waterway Administration. The Vietnam Inland Waterway Administration shall approve the results of the contractor selection and enter into contracts with consulting design units, environmental protection implementation consulting units, construction contractors, surveying and mapping units for land handover, acceptance surveying and mapping units, supervision consulting units, auditing consulting units, and information AIS management and operation service units in accordance with the laws on bidding for national inland waterway dredging and maintenance projects.

c) The People's Committee of the province shall organize the work of selecting contractors for local inland waterway dredging and maintenance projects.

Article 18. Land Handover for Construction

1. Survey and land handover work shall be implemented before the start of construction dredging works, not exceeding 15 days prior to the commencement date. The quantity of land handed over serves as the basis for determining the official contract value.

2. For the maintenance dredging of public maritime channels:

a) The Vietnam Maritime Administration shall take the lead in organizing the implementation of surveys and land handovers; checking the procedures, formalities, and process of implementation by units according to the approved outline;

b) The Vietnam Maritime Administration, enterprises providing public services to ensure maritime safety that are assigned, supervision consulting units, and design consulting units shall conduct inspections and supervision of the survey and land handover process by the survey consulting contractor and accept the survey results handed over to the construction contractor;

c) If the survey and land handover results generate additional dredging volumes compared to the approved design documents, within 10 working days, the enterprise providing public services to ensure maritime safety that is assigned shall cooperate with the design consulting unit to prepare an adjusted budget estimate report to be submitted to the Vietnam Maritime Administration for review and approval; if the dredging cost exceeds the allocated budget, within 5 working days, the Vietnam Maritime Administration shall report to the Ministry of Transport for consideration and decision.

3. For the maintenance dredging of national inland waterway channels:

a) The Vietnam Inland Waterway Administration shall take the lead in organizing the implementation of surveys and land handovers; checking the procedures, formalities, and process of implementation by units according to the approved outline;

b) When assigned, the inland waterway management agency of the region, supervision consulting units, and design consulting units shall cooperate with the Vietnam Inland Waterway Administration to inspect and supervise the survey and land handover process by the survey consulting contractor and accept the survey results handed over to the construction contractor;

c) If the survey and land handover results generate additional dredging volumes compared to the approved design documents, within 10 working days, the inland waterway management agency of the region that is assigned shall cooperate with the design consulting unit to prepare an adjusted budget estimate report to be submitted to the Vietnam Inland Waterway Administration for review and approval; if the dredging cost exceeds the allocated budget, within 5 working days, the Vietnam Inland Waterway Administration shall report to the Ministry of Transport for consideration and decision.

4. The People's Committee of the province shall organize the land handover for construction for local inland waterway dredging and maintenance projects.

Article 19. Organization for Construction Project Management

1. The Ministry of Transport shall provide detailed regulations on the implementation organization and contents of construction project contracts.

2. For the maintenance dredging of public maritime channels:

a) Enterprises providing public utility services to ensure maritime safety, when assigned, shall be responsible for managing and inspecting the implementation process of contractors; supervising consultants and environmental consultants during the construction process;

b) The Vietnam Maritime Administration shall organize regular and spot inspections (if necessary) to ensure the quality and progress of the project.

3. For the maintenance dredging of national inland waterway channels:

a) Inland Waterway Management Authorities in charge of regions, when assigned, shall be responsible for managing and inspecting the entire implementation process of contractors; supervising consultants and environmental consultants during the construction process;

b) The Vietnam Inland Waterway Administration shall organize regular and spot inspections (if necessary) to ensure the quality and progress of the project.

4. For local inland waterway dredging and maintenance projects: The provincial People's Committee shall organize management, inspection, and supervision of the entire construction implementation process of contractors to ensure the quality and progress of the project.

Article 20. Contents of Inspection and Supervision Work

1. Inspection and supervision work for construction projects shall be carried out in accordance with the provisions of Article 5 of this Decree.

2. Supervision of dredging and maintenance work includes:

a) Reviewing and inspecting the construction procedures and detailed measures prepared by the contractor before submission for approval;

b) Inspecting the land survey markers and elevation systems serving throughout the construction process;

c) Inspecting and supervising construction machinery and equipment assembled at the site according to the list, specifications, types, technical features, inspection deadlines, crew certificates, vehicle insurance, and other necessary requirements to ensure safety during construction;

d) Inspecting the installation and quality of the dredging monitoring system. Equipment must have clear origins, sealed or fixed with lead seals during installation, ensuring the display of data such as vessel name (number), size, position, movement speed, stop time for ease of tracking, inspection, and supervision;

đ) Monitoring dredging progress;

e) Inspecting the start-up conditions of the project; personnel of the contractor entering and leaving the site;

g) Supervising safety and environmental protection work;

h) Ensuring that dredging construction meets technical requirements (correct depth, slope design, including allowable errors as stipulated);

i) Supervising post-dredging survey and inspection work, ensuring that the land survey markers and elevation systems used for pre- and post-dredging surveys remain unchanged;

k) Inspecting and confirming quantities.

3. Supervision of transportation and disposal of dredged materials includes:

a) Supervising the transport and disposal of dredged materials at the dredging location, travel route, and approved disposal location throughout the construction period;

b) Collecting and compiling field information (position, movement speed, stop time) from the dredging monitoring system installed on construction and transport vessels. Taking photos of the cargo hold containing dredged materials of transport vessels at various times: starting to receive dredged materials at the construction site; ending the reception process to move for disposal; ending the travel route to the disposal location and ending the disposal process to return to the construction site.

4. Supervision of completion work includes:

a) Inspecting coordinates, elevations, and slopes of the dredged area according to the design requirements;

b) Supervising survey and measurement work and confirming the completed volume of work by the contractor; supervising survey and measurement work and confirming the volume of work at the disposal location for cases where dredged materials are disposed of on land using suction methods with pipelines;

c) Supervising the acceptance of the entire project component. Measurement and acceptance will be conducted after the contractor has reported the completion of dredging work. If the acceptance measurement results show that the contractor's work does not meet the requirements, the contractor must implement supplementary work until it meets the requirements upon inspection;

d) Supervising other completion works.

5. Responsibilities of Supervisory Consultants

a) Implementing supervision according to the contents prescribed in this Article and relevant laws;

b) Preparing organizational charts and supervision outlines, submitting them to the project owner for review and approval before conducting construction supervision;

c) Ensuring a dedicated department to maintain systematic supervision activities throughout the dredging construction process, from commencement to acceptance and handover; arranging personnel to carry out supervision work including the Chief Supervisor and Supervisors;

d) Equipping sufficient tools and equipment needed for supervision; arranging competent technical staff with experience to closely supervise and regularly inspect the entire implementation process of the contractor's survey and dredging construction to ensure project quality, progress, as well as labor safety and environmental conditions. Recording all supervision results regarding the dredging construction and transportation disposal processes;

đ) Regularly checking and supervising the manpower and construction equipment of the contractor entering and exiting the site (including subcontractors and rented equipment); confirming the quantity and quality of machines and equipment according to the contract or tender documents (equipment list, technical features, inspection deadlines, crew certificates, insurance...); promptly reporting to the project owner about equipment not belonging to the contractor appearing at the site;

e) Daily, they must check the installation status and operation of the dredging monitoring system on the contractor's construction equipment; requiring immediate rectification when discovering faults or discrepancies not meeting the specified quality standards;

g) Regularly checking and supervising the internal quality management system of the contractor; inspecting coordinates, elevations, and slopes of the dredged area according to design requirements; monitoring and urging dredging progress.

h) Ensure sufficient personnel are present at the construction site throughout the construction period to carry out supervision in accordance with this Decree; if continuous monitoring of equipment at the construction location and the disposal location for dredged materials cannot be conducted, direct monitoring must be performed on the equipment during the process of disposing of the dredged materials; take photos of the cargo hold containing the dredged materials of the transport vehicle at the following times: when receiving dredged materials at the construction area, at the end of the reception process for movement to dispose, upon completion of the journey to the disposal location, and at the conclusion of the disposal process for movement back to the construction area (the photos must show GPS coordinates and the actual time of taking the photo); promptly transfer these photos to the project owner for monitoring and storage together with the completion documents of the project as prescribed;

i) Participate in the internal survey and measurement acceptance work of the contractor and evaluate the quality of the contractor's construction results; report to the project owner on the conditions met regarding the organization of the contractor's survey and measurement acceptance of the project;

k) Promptly report the results of implementation, occurrences, difficulties, and proposed measures for handling during the implementation process to the management authority; bear responsibility under the law and before the management authority for the results of implementation;

6. Duties and Authorities of the Chief Supervisor

a) Overall responsibility for construction site supervision; assign specific tasks and inspect and urge the supervision work of supervisors;

b) Review and guide the contractor to complete detailed construction methods for approval as prescribed;

c) Develop plans and conduct regular inspections of supervision activities. Require cessation of construction for equipment that does not meet requirements;

d) Summarize the construction status of various project components; promptly report the construction situation, propose measures to address difficulties and issues arising during construction; report acceptance documents during construction to the leadership of the consulting unit;

đ) Participate in the preparation of technical acceptance documents, quantity records, and overall acceptance completion documents of the project;

e) Fulfill the responsibilities of a Supervisor for cases directly involved in implementation;

g) Bear legal responsibility for supervision throughout the construction period;

7. Duties and Authorities of Supervisors

a) Technical supervision to ensure the project meets technical requirements, follows procedures, and conforms to design drawings;

b) Monitor and confirm transportation trips for disposing of dredged materials;

c) Supervise or prepare acceptance documents assigned according to the prescribed format;

d) Record supervisory daily logs for assigned supervision tasks; timely check and sign off on construction logs throughout the construction period;

8. For maintenance dredging activities conducted under a fixed standard contract within a defined period: In addition to the supervision by the Consulting Supervisor as prescribed, the project owner hires a consulting unit to conduct random surveys and measurements to verify the contractor's adherence to the design standards.

Article 21. Acceptance of Works

1. The Vietnam Maritime Administration shall organize the inspection and acceptance of completed works for use; the acceptance of public utility products and services according to regulations applicable to public maritime channels.

2. The Vietnam Inland Waterways Administration shall organize the inspection and acceptance of completed works for use according to regulations applicable to national inland waterway channels.

3. The Department of Transport shall organize the acceptance of completed works for use according to regulations applicable to local inland waterway channels.

4. Enterprises providing public utility services ensuring maritime safety, upon being assigned, shall cooperate with Supervision Consultants to inspect and supervise the implementation of surveys and measurements for the acceptance of dredging and maintenance works on public maritime channels at the site, and organize the acceptance of survey and measurement results; the acceptance of environmental protection work.

5. Local inland waterway management agencies, upon being assigned, shall cooperate with Supervision Consultants to inspect and supervise the implementation of surveys and measurements for the acceptance of dredging and maintenance works on national inland waterway channels at the site, and organize the acceptance of survey and measurement results; the acceptance of environmental protection work.

6. For contracted maintenance dredging within a defined period, the acceptance of works shall be carried out as follows:

a) Organize the acceptance of completed dredging and maintenance to design standards during construction phases and dredging volumes according to each phase (six months, one year);

b) Organize the acceptance of completed dredging works and maintenance to design standards when the maintenance period ends according to the contract.

Article 22. Payment and Settlement of Works

The Ministry of Finance shall provide detailed guidance on the payment and settlement of dredging and maintenance works for public maritime channels and inland waterway channels funded by the state budget.

 

Chapter IV

DREDGING OF PORT WATER AREAS AND INLAND WATERWAY WATERS FOR COMBINED PRODUCT RECOVERY

 

Section 1: GENERAL PROVISIONS

 

Article 23. Implementation Procedures for Projects

Dredging of port water areas and inland waterway waters combined with product recovery must be established as projects and implemented in the following steps:

1. Establish and publish the list of dredging areas according to the provisions of Section 2 Chapter IV of this Decree.

2. Prepare, review, and approve the feasibility study report of the project according to the provisions of Section 3 Chapter IV of this Decree.

3. Organize the selection of investors and sign the project contract according to the provisions of Section 4 Chapter IV of this Decree.

4. Implement the project and hand it over according to the provisions of Section 5 Chapter IV of this Decree.

Article 24. State Agencies Authorized to Implement Projects

1. For socialized dredging projects of national inland waterway waters: The Ministry of Transport shall delegate provincial People's Committees to exercise authority and responsibilities for tasks as stipulated in Clause 2, 3, and 4 of Article 23 of this Decree.

2. For socialized dredging projects of local inland waterway waters: Provincial People's Committees shall exercise authority and responsibilities for tasks as stipulated in Article 23 of this Decree.

3. For socialized dredging projects of port water areas, based on their functions, tasks, authorities, and specific management conditions, the Ministry of Transport shall authorize the Vietnam Maritime Administration to implement some or all of the tasks stipulated in Article 23 of this Decree.

4. The delegation or authorization provided for in Clauses 1 and 3 of this Article must be carried out in writing, clearly defining the content, scope, authority, and responsibility of the delegated or authorized agency.

5. State agencies authorized, agencies authorized or delegated according to this Article shall be responsible for organizing the implementation and management of projects in accordance with regulations.

Article 25. Investment preparation costs and project implementation costs

1. Investment preparation costs and project implementation costs include:

a) Costs for preparing, reviewing, and approving feasibility study reports on projects;

b) Costs for preparing, reviewing, and approving environmental impact assessment reports;

c) Costs for organizing the selection of investors;

d) Costs for activities of competent state agencies, representatives of competent state agencies, and project management agencies; costs for supervising the project and the quality of works;

đ) Costs for announcing the project;

e) Costs for hiring consultants to support the implementation of certain activities under the responsibility of the project management agency;

g) Costs for organizing conferences, seminars, and contract negotiations for the project and related contracts;

h) Other costs.

2. The costs specified in points a, b, and c of Clause 1 of this Article shall be allocated from the following sources of funds:

a) State budget funds allocated in the annual plan of the Ministry of Transport and localities;

b) Revenue from selling tender documents for selecting investors;

c) Funds repaid by the selected investor implementing the project;

d) Other lawful sources of funds.

3. The costs specified in points d, đ, e, and g of Clause 1 of this Article shall be allocated from the state budget within the plan for public expenditure, and the investment construction fund of ministries, sectors, and provincial People's Committees.

 

Section 2: ESTABLISHING AND ANNOUNCING THE LIST OF DREDGING AREAS

 

Article 26. Establishing the List of Dredging Areas

1. For inland waterways of the national waterway system: Annually, the Ministry of Transport shall organize the establishment or amendment of the list of dredging areas in consultation with relevant provincial People's Committees.

For port waters: Annually, the Ministry of Transport shall organize the establishment or amendment of the list of dredging areas.

2. For inland waterways of local waterway systems: Annually, provincial People's Committees shall organize the establishment or amendment of the list of dredging areas.

3. The list of dredging areas must contain the following main contents:

a) Name of location, dredging area;

b) Summary of main technical parameters and design standards of the dredging area;

c) Implementation time.

Article 27. Announcing the List of Dredging Areas

1. Within seven working days from the date the list of dredging areas is approved, the Ministry of Transport, provincial People's Committees, and specialized maritime and inland waterway management agencies shall announce the list of dredging areas on their respective websites according to regulations. The announced list of dredging areas must contain the main contents prescribed in Clause 3 of Article 26 of this Decree.

2. When the list of dredging areas is amended, supplemented, or changed, the Ministry of Transport, provincial People's Committees, and specialized maritime and inland waterway management agencies shall update it on their respective websites.

 

Section 3: PREPARATION, REVIEW, AND APPROVAL OF FEASIBILITY STUDY REPORTS ON PROJECTS

 

Article 28. Responsibilities for Preparing Feasibility Study Reports on Projects

1. Provincial Departments of Transport shall organize the preparation of feasibility study reports on socialized dredging projects for national inland waterways and local inland waterways as a basis for preparing tender documents to select investors and negotiating project contracts, and submit them to provincial People's Committees.

2. The Vietnam Maritime Administration shall organize the preparation of feasibility study reports on socialized dredging projects for port waters as a basis for preparing tender documents to select investors and negotiating project contracts, and submit them to the Ministry of Transport.

Article 29. Contents of the Feasibility Study Report for the Project

The feasibility study report for the project shall include the following main contents:

1. Detailed analysis on the necessity of investment and the advantages of implementing the project compared to other forms of investment; type of project contract.

2. Evaluation of the project's suitability with planning and socio-economic development plans of the industry and locality.

3. Objectives, scale, and location of the project implementation; dredging volume; purpose and demand for using recovered dredged products.

4. Progress, time limit for project implementation; construction and operation period of works; management organization plan, construction method, construction equipment, disposal site for unrecovered products.

5. Foundation design in accordance with current regulations.

6. Overall compensation and land clearance plan (if applicable).

7. Dredging costs (including costs to be refunded to the State for performing tasks specified in points a, b, c of Clause 1, Article 25 of this Decree); value of recovered products; payment plan for the difference between dredging costs and the value of recovered products.

8. Other costs such as taxes, fees, and royalties related to mineral exploitation associated with the project.

9. Ability to mobilize capital to implement the project.

10. Risk analysis and responsibilities of parties regarding risk management during project implementation.

11. Recommendations for incentives and technical support (if applicable).

12. Economic and social benefits and the project's impact on the environment and society.

Article 30. Appraisal of the Feasibility Study Report for the Project

1. The People's Committee of the province shall organize the appraisal of the feasibility study report for the socialized dredging project in national inland waterways and the socialized dredging project in local inland waterways in accordance with current laws.

2. The Ministry of Transport shall organize the appraisal of the feasibility study report for the socialized dredging project in port waters in accordance with current laws.

Article 31. Approval of the Feasibility Study Report for the Project

The Ministry of Transport and the People's Committee of the province shall approve the feasibility study report for the project immediately after completing the appraisal as stipulated in Article 30 of this Decree.

Article 32. Amendment of the Feasibility Study Report for the Project

1. The feasibility study report for the project may be reviewed and amended in the following cases:

a) The project is affected by natural disasters or other force majeure events;

b) New factors emerge that bring higher efficiency to the project;

c) Adjustment of the project's scale or design;

d) Changes in planning directly affecting the project's objectives, location, or scale;

đ) The project fails to select an investor after organizing a tender to choose an investor;

e) Government requirements related to socio-economic development goals, national defense, and security;

g) Other relevant provisions.

2. Procedures for appraising, approving, and amending the feasibility study report for the project shall be carried out in accordance with Articles 30 and 31 of this Decree.

 

Section 4: SELECTION OF INVESTORS AND SIGNING OF PROJECT CONTRACTS

 

Article 33. Selection of Investors

1. The competent state agency as prescribed in Article 24 of this Decree shall organize the selection of investors through open bidding in accordance with the law on bidding.

2. Conditions, procedures for selecting investors, and incentives for investors during the bidding process for selecting investors shall be implemented in accordance with the law on bidding.

3. In case no investor can be selected to implement the project, the Ministry of Transport and the People's Committee of the province, within their respective authority, shall allocate state budget funds to implement the project based on its level of necessity, and the procedures and steps for implementation shall be carried out in accordance with Chapter III of this Decree.

Article 34. Signing of Project Contracts

The competent state agency as prescribed in Article 24 of this Decree shall organize negotiations and sign project contracts with the winning bidder.

Article 35. Contents of Project Contracts

1. A project contract must include the following basic contents:

a) Information on the parties to the contract;

b) Objectives, scale, location, duration, and progress of the project implementation;

c) Technical requirements and quality standards for the project works;

d) Costs for dredging, value of recovered products; contract payment value; adjustment of costs and value of recovered products;

đ) Handing over construction sites, compensation, land clearance (if applicable);

e) Construction, inspection, supervision, quality management, acceptance, settlement of the project;

g) Transfer of the project;

h) Guarantee of contract performance;

i) Rights and obligations of the parties participating in the contract;

k) Handling of violations during project implementation; contract penalties;

l) Force majeure events and principles for handling;

m) Forms of incentives and investment guarantees (if applicable);

n) Complaints and resolution of contract disputes;

o) Effectiveness and duration of the project contract; termination of the contract;

p) Other contents agreed upon by the contracting parties.

2. Documents accompanying the project contract include appendices, other documents and papers which are integral parts of the project contract.

3. The Ministry of Transport shall provide detailed guidance on the contents of socialized project contracts for dredging in port waters and inland waterways.

4. The Ministry of Finance shall provide detailed guidance on the use of contract penalty funds under project contracts.

Article 36. Amendment and Supplement to Project Contracts

Project contracts may be amended and supplemented due to changes in the scale, technical standards of the works, total agreed investment capital, or due to force majeure events, adjustments to the feasibility study report of the project as stipulated in Article 32 of this Decree, and other cases as provided in the project contract.

Article 37. Duration of Project Contracts

1. The duration of project contracts shall be agreed upon by the parties in accordance with the scale and nature of the project and based on the approved feasibility study report.

2. Project contracts terminate in the cases prescribed in Article 422 of the Civil Code 2015.

Article 38. Guarantee of Contract Performance

The competent state agency as prescribed in Article 24 of this Decree shall specify the form, value, and period of validity of the guarantee of contract performance according to the laws on bidding.

 

Section 5: IMPLEMENTATION AND HANDOVER OF PROJECTS

Article 39. Conditions for Implementation and Selection of Contractors for Projects

1. The project shall be implemented after the project contract has been signed and all procedures related to the environment, resource exploitation, and other required procedures have been completed as prescribed.

2. The investor shall issue regulations on the selection of consulting contractors, construction contractors, and other contractors based on ensuring fairness, transparency, and economic efficiency, to be uniformly applied throughout the project implementation process.

Article 40. Preparation of Construction Design Drawings

1. Based on the approved feasibility study report of the project and the provisions of the project contract, the investor shall prepare construction design drawings and submit them to the competent state agency as prescribed in Article 24 of this Decree for approval before submission and for monitoring and inspection after approval. Any changes to the construction design drawings that affect the scale, technical standards, or progress of the project must be approved in writing by the competent state agency.

2. The preparation, review, and approval of construction design drawings shall be carried out in accordance with the laws on construction.

Article 41. Supervision of Implementation of Project Contracts

1. The investor shall be responsible for the quality of works and the progress of the project; organize the selection of independent consultants to supervise construction, inspect individual components, and the entire work according to the design and construction methods stipulated in the project contract; approve the results of consultant selection for supervision after obtaining the agreement of the competent state agency.

2. The competent state agency shall organize the supervision of the investor's compliance with obligations as prescribed in the project contract and this Decree. In necessary cases, the competent state agency shall organize the selection of consultants with sufficient capacity to support the supervision of the implementation of the project contract.

3. The consultancy fees for supervision and supporting supervision as stipulated in Clause 1 and Clause 2 of this Article shall be included in the total investment ceiling of the project and transferred by the investor into the account of the competent state agency for payment to the supervising consultants and supporting supervising consultants.

4. The Ministry of Finance shall provide detailed guidance on Clause 3 of this Article.

Article 42. Handover of Projects

1. After completing the implementation of the project, the investor shall report to the competent state agency as prescribed in Article 24 of this Decree to organize measurement, inspection, acceptance completion, and handover for use of the works.

2. Responsibilities for organizing inspection and handover of projects:

a) The People's Committee of the province shall be responsible for organizing the inspection of the project implementation results and receiving handover from the investor; settling accounts according to the project contract; terminating the project contract for public-private partnership dredging projects in national inland waterways and local inland waterways, and handing over to the Vietnam Inland Waterway Administration for management and exploitation;

b) The Vietnam Maritime Administration, upon authorization, shall be responsible for organizing the inspection of the implementation results of public-private partnership dredging projects in port waters and receiving handover from the investor; settling accounts according to the project contract; terminating the project contract.

3. Upon receiving the project, the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall organize management and operation of the works according to their functions and authorities.

 

Chapter V

STATE MANAGEMENT RESPONSIBILITIES

 

Article 43. Responsibilities of the Ministry of Transport

1. The Ministry of Transport shall guide and organize the specialized state management of dredging activities in port waters and inland waterways as prescribed.

2. For maintenance dredging of public maritime channels and inland waterway channels funded by the state budget:

a) Direct and organize the implementation of maintenance dredging of public maritime channels and national inland waterway channels;

b) Take the lead and coordinate with the Ministry of Construction, the Ministry of Finance, and provincial and municipal people's committees to establish and promulgate standards and unit prices for the reception and treatment of dredged materials at shore disposal sites;

c) Inspect, monitor, and handle violations according to the law.

3. For dredging in port waters and inland waterways combined with product recovery:

a) Coordinate with the Ministry of Finance to guide the use of costs borne by the selected investor to implement the project for repayment; use bonus and penalty amounts according to the contract for projects combining dredging and product recovery;

b) Take the lead and coordinate with provincial people's committees to promptly resolve difficulties and obstacles during implementation.

4. The Ministry of Transport shall be responsible for compiling and providing the estimated volume of dredged material expected to be recovered nationwide to meet the needs of backfilling and leveling areas of coastal erosion, sea reclamation projects, and climate change adaptation as required (if any) by the Ministry of Agriculture and Rural Development.

5. Review and improve the system of technical standards, economic and technical norms related to guidelines, design, and construction dredging in port waters and inland waterways.

Article 44. Responsibilities of the Ministry of Finance

1. Balance the allocation of state budget capital annually to implement dredging and maintenance work on public maritime channels and inland waterway channels (including information infrastructure for state supervision and management) according to the proposal of the Ministry of Transport.

2. Guide the use of costs incurred by the selected investor to implement the project repayment; use the contractual bonus and penalty amounts.

Article 45. Responsibilities of the Ministry of Natural Resources and Environment

Direct relevant agencies and units under the ministry to organize the implementation of environmental protection regulations concerning dredging and maintenance work on public maritime channels and national inland waterway channels as stipulated in this Decree.

Article 46. Responsibilities of the Ministry of Construction

Take the lead in developing plans, standards, and necessary conditions to utilize dredged products for land reclamation and construction purposes.

Article 47. Responsibilities of Provincial People's Committees

1. Based on the functions, tasks, and authorities assigned, organize the implementation of environmental laws' provisions concerning dredging activities.

2. Announce locations for dumping dredged materials on shore and at sea within its jurisdiction before January 30 each year.

3. Carry out tasks delegated by the Ministry of Transport regarding socialized dredging projects in national inland waterways.

4. Coordinate with the Ministry of Transport to organize inspections and supervision of dredging activities.

5. Direct the implementation of dredging and maintenance work in local inland waterways according to the provisions of this Decree.

6. Guide procedures and implement registration for by-products from dredging projects in port water areas and combined inland waterways, including product recovery.

7. Manage and use dredged materials dumped on shore as prescribed.

 

Chapter VI

IMPLEMENTING PROVISIONS

 

Article 48. Effective Date

1. This Decree takes effect from January 11, 2019.

2. Dredging and maintenance work under the form of contracted maintenance standards will be implemented from 2020 during a specified period.

3. Amend and supplement Clause 2, Article 32 of Decree No. 43/2018/NĐ-CP dated March 12, 2018 of the Government on the management, use, and exploitation of maritime infrastructure assets as follows: "2. The contents prescribed in Articles 28, 29, 30, 31, 32, 33, 34, 35, and 36 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code on the management of maritime activities shall cease to be effective from the date this Decree takes effect."

Article 49. Transitional Provisions

1. For dredging and maintenance work on public maritime channels that have been approved by the Ministry of Transport for maintenance plans from January 1, 2018 until the effective date of this Decree, such work shall be carried out according to Decision No. 73/2013/QĐ-TTg dated November 27, 2013 of the Prime Minister on piloting mechanisms for dredging and maintaining maritime channels managed by the Ministry of Transport and related guidance documents issued by the Ministry of Transport.

2. For socialized dredging projects in port waters and inland waterways that have been approved by competent authorities for investors to implement projects or for project proposal submissions prior to the effective date of this Decree, the Ministry of Transport and provincial People's Committees shall review planning conditions, technical standards, environmental, safety, and landslide prevention requirements for channel routes, bear responsibility for deciding on continuing project implementation, and subsequent steps shall be carried out according to the provisions of this Decree.

Article 50. Implementation organization

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals shall be responsible for implementing this Decree./.