DECREE

Regarding the management of maritime activities at seaports and maritime areas in Vietnam

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Maritime Code of Vietnam dated June 30, 1990;
At the proposal of the Minister of Transport,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the procedures for opening and closing seaports, maritime activities, and coordination of operations among specialized state management agencies at seaports and maritime areas in Vietnam to ensure maritime safety, hygiene, order, and prevention of environmental pollution in those areas.

The seaports specified in this Decree do not include military ports serving solely national defense and security purposes and fishing ports serving only fishing activities located outside the waters of seaports.

Article 2. Applicability

This Decree applies to all organizations, individuals, Vietnamese and foreign vessels, and specialized state management agencies operating at seaports and maritime areas in Vietnam.

Article 3. Application of laws

1. When operating at seaports and maritime areas in Vietnam, all organizations, individuals, Vietnamese and foreign vessels, and specialized state management agencies must strictly comply with the provisions of this Decree, Vietnamese laws, and relevant international treaties to which the Socialist Republic of Vietnam is a party.

2. In cases where an international treaty to which the Socialist Republic of Vietnam is a party provides different provisions from those of this Decree, the provisions of that international treaty shall be applied.

3. In cases where there is a difference in the same regulated content between the provisions of this Decree and the current regulations of specialized legal documents issued by the Government, the Prime Minister, the Minister, or the head of an agency equivalent to a ministry, the provisions of this Decree shall apply.

Article 4. Definitions

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

1. "Seaport" means a port opened for vessels to enter and operate and officially announced by the competent authority.

2. "Wharf" is a part of a seaport where vessels dock to load and unload cargo, embark and disembark passengers, or perform other maritime services.

3. "Offshore crude oil terminal" is a seaport comprising an area where crude oil carriers anchor as floating storage and related water areas where vessels are permitted to enter and operate.

4. "Port access channel" is the limited portion of the seaport waters from buoy number "0" leading into the port where vessels are allowed to pass through.

5. "Pilot station area" is the limited portion of the seaport waters where vessels anchor to embark and disembark pilots.

6. "Quarantine area" is the limited portion of the seaport waters where vessels anchor to conduct quarantine.

7. "Storm anchorage area" is the limited portion of the seaport waters where vessels anchor to avoid storms.

8. "Anchorage area" is the limited portion of the seaport waters or maritime areas where vessels wait to dock at wharfs, enter transshipment zones, dock at offshore crude oil terminals, transit through Cambodia, or perform other related maritime services.

9. "Transshipment zone" is the limited portion of the seaport waters where vessels anchor to conduct cargo and passenger transshipment.

10. "Transit channel" is the limited portion of the maritime area on the Tiền River from the pilot station area of the Vũng Tàu seaport to the border on the river between Vietnam and Cambodia where foreign vessels are permitted to transit.

11. "Vessel" includes ships and other watercraft.

12. "Shipowner" means the owner, manager, operator, or authorized person of a vessel.

Chapter II

OPENING AND CLOSING SEAPORTS AND WHARFS

Article 5. Opening seaports and wharfs

1. The opening of seaports and wharfs must be consistent with the approved planning for the development of the Vietnamese seaport system.

2. All Vietnamese and foreign organizations and individuals permitted to invest in building and operating seaports according to Vietnamese law (hereinafter referred to collectively as investors) may open seaports and wharfs.

3. The preparation and implementation of investment construction projects for opening seaports and wharfs by investors must comply with relevant legal regulations on investment and construction management.

Article 6. Procedures for opening seaports

1. Preparation and implementation of seaport construction investment:

a) For seaport opening projects, in addition to the procedures prescribed by relevant laws on investment and construction management, when preparing to invest in construction, the investor must submit a document seeking opinions from the Ministry of Transport, the Ministry of National Defense, and the Ministry of Public Security. The content of the document must clearly state the necessity, location, scale, pilot station area, port access channel, and intended use of the seaport. Within fifteen working days from the date of receipt of the investor's document, the agencies mentioned in this clause must issue a written response based on their functions and responsibilities; if they do not approve, they must specify the reasons.

The investor can proceed with subsequent steps for seaport construction investment only after receiving approval from the Ministry of Transport, the Ministry of National Defense, and the Ministry of Public Security.

b) Before commencing seaport construction, the investor must submit to the Vietnam Maritime Administration under the Ministry of Transport a copy of the Decision approving the technical design of the seaport project. During the implementation of seaport construction investment, the investor must comply with the relevant legal regulations on investment and construction management. The Vietnam Maritime Administration is responsible for supervising the implementation of seaport construction by the investor in accordance with the approved planning and ensuring maritime safety in that area.

2. Announcing the opening of seaports:

a) After completing seaport construction, the investor must submit to the Vietnam Maritime Administration the following documents:

- A document requesting the announcement of the opening of the seaport containing the name of the seaport, its location, pilot station area, types of vessels and tonnage limits of ships permitted to enter and operate;

- A copy of the Investment Construction Decision of the competent authority;

- The final acceptance record for putting the completed seaport construction project into use, accompanied by the as-built drawings of the plan view, elevation, and cross-section of the seaport project. However, for offshore crude oil terminals, the as-built drawings of the plan view, elevation, and cross-section of the seaport project are not required.

- The acceptance report between the project investor and competent authorities regarding the results of the seabed survey in the water area before the wharf (except for offshore crude oil ports, this content is not required);

- The maritime notice on the channel to and from the port and the water area before the wharf, accompanied by a chart. For offshore crude oil ports, the maritime notice on the safe zone area around the offshore crude oil port;

- A certificate from the competent authority confirming that the seaport construction meets environmental standards;

- A certificate from the competent authority confirming that the seaport construction meets the conditions for fire prevention and explosion protection;

- Comments from the authorities specified in point a, Clause 1, Article of this Law regarding the investment project for seaport construction;

b) The decision to announce the opening of a seaport shall be carried out as follows:

- Within the latest seven working days from the date of receiving all valid documents as stipulated in point a of this clause, the Vietnam Maritime Administration shall submit a report to the Ministry of Transport. Within the latest seven days from the date of receiving the report, the Ministry of Transport shall submit a proposal to the Prime Minister for permission to announce the opening of the seaport. Within the latest five working days from the date of receiving the Prime Minister's approval, the Ministry of Transport shall issue a decision on announcing the opening of the seaport;

- The decision to announce the opening of the seaport must clearly state the main contents: name, location, pilotage area, quarantine area of the seaport; types of vessels and tonnage limits of ships allowed to enter and exit operations. For offshore crude oil ports, the decision to announce the opening of the seaport must also include: the limit of the safe zone area around the offshore crude oil port and requirements for ensuring maritime safety or other navigational instructions for vessel activities;

Article 7. Procedure for opening wharves and cargo transfer areas

1. Preparation and implementation of investment in building wharves and cargo transfer areas:

a) When preparing for investment, the project investor sends the Vietnam Maritime Administration a request for investment in building wharves or cargo transfer areas, accompanied by a layout plan of the wharf, the water area before the wharf, and the channel to and from the port or a layout plan of the cargo transfer area. The content of the document clearly states the necessity, location, scale, and purpose of using the wharf or cargo transfer area. Within the latest five working days from the date of receipt of the investor's document, the Vietnam Maritime Administration shall reply to the investor, stating the reasons if it does not approve;

b) Before commencing construction of the wharf or cargo transfer area, the project investor sends the Vietnam Maritime Administration a copy of the Decision approving the technical design of the project. The Vietnam Maritime Administration is responsible for organizing inspections and supervision of the construction of the wharf or cargo transfer area by the investor in accordance with the approved planning, ensuring maritime safety in the area;

2. Procedure for putting wharves and cargo transfer areas into operation:

a) After completing the construction of the wharf or cargo transfer area, the project investor sends the Vietnam Maritime Administration the following documents:

- An application for permission to put the wharf or cargo transfer area into operation;

- A copy of the Decision on new construction, renovation, or upgrading of the wharf or cargo transfer area issued by the competent authority;

- The final acceptance report for putting the completed construction project into use, accompanied by completion drawings of the wharf layout, main face, and cross-sections, or a layout plan of the cargo transfer area;

- The maritime notice with a chart of the channel to and from the wharf or cargo transfer area; the acceptance report between the project investor and the competent authority regarding the results of the seabed survey in the water area before the wharf or cargo transfer area;

- A certificate from the competent authority confirming that the wharf or cargo transfer area meets environmental standards;

- A certificate from the competent authority confirming that the wharf or cargo transfer area meets the conditions for fire prevention and explosion protection;

b) Decision to put the wharf or cargo transfer area into operation:

Within the latest five working days from the date of receiving all valid documents as stipulated in Clause 2 of this Article, the Vietnam Maritime Administration shall decide to put the wharf or cargo transfer area into operation. The content of the Decision must clearly state the name of the wharf or cargo transfer area, types of vessels, and tonnage limits of ships allowed to operate;

Article 8. Construction of other projects within the seaport water area

For projects such as bridges, tunnels, ferry terminals, power lines, submarine cables, and similar projects not included in the construction of wharves and cargo transfer areas as stipulated in Articles 6 and 7 of this Decree, the investors of these projects must comply with the provisions below:

1. Preparation and implementation of investment in construction:

a) When preparing for investment in construction, the investor sends the Vietnam Maritime Administration a statement on the construction project to be invested in, including the name, location, purpose of use, construction period, technical specifications, and other characteristics related to maritime activities in the area. Within the latest five working days from the date of receipt of the investor's document, the Vietnam Maritime Administration must reply; if it does not approve, it must state the reasons;

b) Before commencing construction of the project, the investor sends the Vietnam Maritime Administration a copy of the Decision approving the technical design of the project. The Vietnam Maritime Administration is responsible for organizing inspections and supervision of the construction of the project by the investor to ensure maritime safety in the area;

2. Putting the project into operation:

a) Before putting the project into operation, the investor must provide the local Marine Port Authority and Vietnam Marine Safety Assurance with the following information: name, location, characteristics, water area boundaries of the project (if applicable), relevant technical parameters such as width of navigation channels, air clearance height, warning signs, time of navigation, depth of the project relative to sea level zero, start or end time of the project's operation (if applicable), and other restrictions necessary to protect the project and ensure maritime safety in the related area.

b) The investor shall be responsible for publishing the information specified in point a of this clause on mass media for three consecutive periods;

c) The Vietnam Marine Safety Assurance Authority shall be responsible for issuing maritime notifications regarding the information specified in point a of this clause.

Article 9. Closing a seaport or temporarily not putting a wharf, cargo handling area into operation

1. For reasons of ensuring national security, defense or other special reasons affecting the socio-economic aspects, the Prime Minister decides to close a seaport based on the proposal of the Minister of Transport, taking into account the opinions of relevant ministries, sectors, and localities.

2. For reasons of ensuring maritime safety or environmental incidents and pollution prevention or fire and explosion prevention or other reasons, the Minister of Transport decides to temporarily close a seaport based on the proposal of the Director of the Vietnam Maritime Administration.

3. For reasons of ensuring maritime safety or other reasons, the Director of the Vietnam Maritime Administration decides to temporarily not allow a wharf or cargo handling area to operate based on the proposal of the Director of the Port Maritime Office.

4. After the temporary closure period of the seaport as stipulated in Clause 2 and Clause 3 of this Article, the Minister of Transport or the Director of the Vietnam Maritime Administration shall review and issue a decision to reopen the seaport or wharf, cargo handling area based on the proposals of relevant agencies.

Article 10. Vietnam Seaport Directory

The Vietnam Maritime Administration is responsible for establishing, managing the Vietnam Seaport Directory book, and supervising the management and exploitation of seaports, wharfs, and cargo handling areas by investors listed in the directory after the announcement of opening seaports, wharfs, and cargo handling areas.

Chapter III

PROVISIONS ON MARITIME ACTIVITIES

PART A: PROCEDURES FOR FOREIGN SHIPS TO APPLY FOR PORT ENTRY

Article 11. Procedures for foreign ships to apply for permission to enter seaports

Foreign ships must apply for permission to enter seaports according to the following procedures, except for cases prescribed in Article 12 of this Decree:

1. For ships that are not military vessels or nuclear-powered vessels:

a) At least 24 hours before the expected arrival at the pilot station, the shipowner or the agent of the shipowner must submit to the relevant Port Maritime Office an "Application for Permission to Enter Port" containing the following information:

- Name, nationality, call sign, place of registration of the ship and name of the shipowner;

- Length, width, height, and draft of the ship when arriving at the port;

- Gross tonnage, total deadweight; quantity and type of cargo carried on the ship;

- Number of crew members, passengers, and other persons accompanying the ship;

- Name of the last port of departure and the time expected for the ship to arrive at the pilot station;

- Purpose of entering the port.

Specifically, foreign ships applying to enter the port to conduct scientific research, fishing, rescue, salvage of sunken assets, towing, training, cultural, sports, marine construction, surveying, exploration, and resource exploitation activities in Vietnam's territorial waters must present a Permit or approval document from the relevant competent authority in Vietnam;

- Name of the shipowner's agent in Vietnam.

b) Within two hours of receiving the Application for Permission to Enter Port as specified in point a of this clause, the relevant Port Maritime Office must respond in writing to the shipowner, informing whether the application is approved or not; if not approved, the reason must be clearly stated.

2. For foreign military ships, the procedures shall be implemented according to the provisions of Government Decree No. 55/CP dated October 1, 1996 on the activities of foreign military ships visiting the Socialist Republic of Vietnam;

3. For foreign nuclear-powered vessels, the Prime Minister decides on granting permission based on the proposal of the Minister of Transport;

4. Foreign ships invited officially by the Government of the Socialist Republic of Vietnam to visit Vietnam shall follow separate procedures.

Article 12. Exemption from Applying for Permission to Enter Seaports

Foreign ships are exempted from applying for permission to enter seaports in the following cases:

1. Ships flying the flag of a country that has signed a Maritime Agreement with Vietnam which provides for exemption from the procedure of obtaining permission to enter ports for each contracting party.

2. Foreign ships with a total deadweight of up to 150 DWT.

3. Foreign ships transporting goods or passengers who have arrived at the port within twelve months from the date of their last departure from a Vietnamese seaport.

4. Foreign ships encountering urgent reasons as follows:

a) Requesting emergency assistance for crew members or passengers on board;

b) Avoiding typhoons;

c) Transferring people, property, or salvaged ships at sea;

d) Rectifying the consequences of maritime accidents or incidents.

In these cases, the master of the ship must promptly seek contact with the nearest Port Maritime Office or relevant Vietnamese authorities; simultaneously, they have the obligation to prove that their actions were truly necessary and reasonable. Any abuse of the provisions of this clause will be dealt with according to the law.

PART B: PROCEDURES FOR SHIPS ARRIVING AT AND DEPARTING FROM SEAPORTS

Article 13. Conditions for ships operating at seaports

1. All types of ships, regardless of size, nationality, and purpose of use, are only permitted to operate in port waters or maritime areas of Vietnam if they meet safety conditions at sea, environmental pollution prevention conditions, and other conditions as prescribed by law.

2. All types of ships may only conduct cargo loading and unloading activities or passenger embarkation and disembarkation at seaports that have been announced and wharves that have been authorized to operate.

3. Foreign ships with a gross tonnage of 100 GT or more and Vietnamese ships with a gross tonnage of 1,000 GT or more must stop at the pilot station until they receive orders from the Director of the Maritime Port Control Office. In cases where actual conditions require ensuring maritime safety and preventing environmental pollution, the Director of the Maritime Port Control Office has the right to stipulate in the Seaport Regulations that Vietnamese ships with a gross tonnage under 1,000 GT and foreign ships with a gross tonnage under 100 GT must also stop at the pilot station to await instructions.

Article 14. Notification of Ships Arriving at Seaports

1. At least eight hours before the ship is expected to arrive at the pilot station, the shipowner or the shipowner's agent must notify the Maritime Port Control Office at the destination port of the ship's arrival according to the provisions set out in point a, Clause 1, Article 11 of this Decree. For ships already permitted to enter the port pursuant to Articles 11 and 12 of this Decree, the notification of the ship's arrival shall only contain the name of the ship and the time it is expected to arrive at the pilot station.

2. For nuclear-powered ships not subject to gross tonnage limitations as provided for in Clause 3, Article 11 of this Decree, the shipowner or the shipowner's agent must notify the Maritime Port Control Office at the destination port at least twenty-four hours before arriving at the pilot station.

3. Upon receiving the notification of the ship's arrival as provided for in Clause 1 of this Article, the relevant Maritime Port Control Office must immediately inform the specialized state management agencies at the port so that they can coordinate.

4. The Director of the Maritime Port Control Office may, based on actual circumstances, exempt or reduce the conditions specified in Clause 1 of this Article for certain types of ships with a gross tonnage under 200 GT, if it is determined that such exemption or reduction will not affect maritime safety in that area.

Article 15. Confirmation of Ships Arriving at Seaports

1. At least two hours before the ship is expected to arrive at the pilot station, the shipowner or the shipowner's agent must confirm the exact time of arrival to the relevant Maritime Port Control Office. If there are sick persons, deceased persons, rescued persons, or illegal entrants on board, the shipowner must clearly report their names, ages, nationalities, health conditions, causes of death, and related requests in the final confirmation.

2. Upon receiving the confirmation from the shipowner or the shipowner's agent, the relevant Maritime Port Control Office must immediately inform other specialized state management agencies so that they can coordinate.

Article 16. Article 1. Dispatching vessels to seaports

1. The Director of the Maritime Port Control shall be responsible for designating anchorage positions for vessels within the port waters, no later than two hours from the time of receiving notification that the vessel has arrived at the pilot station. In cases where vessels enter the country, immediately after deciding to dispatch the vessel to the port, the Maritime Port Control must also inform other relevant state management agencies about the designated time and position for the vessel to anchor at the port.

2. Based on the type of vessel, size, cargo type, wharf, and the port's scheduling plan, the Director of the Maritime Port Control shall designate anchorage positions for vessels to load/unload cargo and embark/disembark passengers. Only the Director of the Maritime Port Control has the authority to change the previously designated anchorage positions for vessels.

Article 17. Locations, deadlines, and documents for vessel procedures when entering seaports

1. Domestic route Vietnamese vessels:

a) Location for procedures: Main office or representative office of the Maritime Port Control;

b) Deadline for ship owners to complete procedures: no later than two hours from the time the vessel has anchored at the wharf, or four hours from the time the vessel has anchored at other locations within the port waters;

c) Deadline for the Maritime Port Control to complete procedures:

- For sea vessels: no later than one hour from the time the ship owner has submitted and presented all valid documents below:

+ Documents to submit (originals):

* One General Declaration Form (Annex 1);

* One Crew List (Annex 2);

* One Passenger List (if applicable - Annex 3);

* Departure Permit from the last port.

+ Documents to present (originals):

* Certificate of Vessel Registration;

* Certificates regarding technical safety of the vessel as prescribed;

* Crew Logbook or corresponding Crew Book;

* Professional certificates of crew members as prescribed.

+ For other types of vessels, submission and presentation of documents shall comply with relevant laws.

d) Procedures for domestic route Vietnamese vessels entering the port as stipulated in this clause shall be carried out by the Maritime Port Control.

2. Vietnamese and foreign vessels entering the country:

a) Location for procedures: Main office or representative office of the Maritime Port Control, except for cases specified in point b below.

b) Cases where procedures are conducted onboard:

- Passenger vessels;

- Cases where there are sufficient grounds to doubt the authenticity of the declaration regarding quarantine made by the ship owner or before arriving in Vietnam, the vessel left its last port in areas affected by human, animal, or plant diseases, then relevant state management agencies will conduct procedures in the quarantine zone.

In both cases, these agencies must immediately notify the Maritime Port Control and the ship owner.

c) Deadline for ship owners or their agents to complete procedures: no later than two hours from the time the vessel has safely anchored at the designated position by the Director of the Maritime Port Control.

d) Deadline for relevant state management agencies to complete procedures: not exceeding one hour from the time the ship owner or their agent has submitted and presented all valid documents below:

- Documents to submit (originals):

+ Three General Declaration Forms (Annex 1) to be submitted to the Maritime Port Control, Border Guard, Customs;

+ Three Crew Lists (Annex 2) to be submitted to the Maritime Port Control, Border Guard, Customs;

+ One Passenger List (if applicable - Annex 3) to be submitted to the Border Guard;

+ One Cargo Declaration Form (Annex 4) to be submitted to Customs;

+ One Vessel Stores Declaration Form (Annex 5) to be submitted to Customs;

+ One Crew Luggage Declaration Form (Annex 6) to be submitted to Customs;

+ One Health Quarantine Declaration Form (Annex 7) to be submitted to the International Health Quarantine Authority;

+ One Plant Quarantine Declaration Form (if applicable - Annex 8) to be submitted to the Plant Quarantine Authority;

+ One Animal Quarantine Declaration Form (if applicable - Annex 9) to be submitted to the Animal Quarantine Authority;

+ Departure Permit from the last port (original) to be submitted to the Maritime Port Control.

- Documents to present (originals):

+ Certificate of Vessel Registration;

+ Certificates regarding technical safety of the vessel as prescribed;

+ Professional certificates of crew members as prescribed;

+ Crew Logbook (for Vietnamese vessels);

+ Crew Passports or Crew Books;

+ International Vaccination Certificates of crew members;

+ Documents related to cargo carried on board the vessel;

+ Health Quarantine Certificate;

+ Plant Quarantine Certificate (if applicable);

+ Animal Quarantine Certificate or Product of Animal Origin Certificate (if cargo is a product of animal origin) issued by the exporting country;

+ Civil Liability Insurance Certificate of the ship owner, if the vessel is specialized in transporting oil, oil products, or other dangerous goods;

+ Passports, International Vaccination Certificates of passengers (if required, upon request of relevant state management agencies).

Specifically, for vessels under 200 DWT flying flags of countries sharing borders with Vietnam when arriving at seaports in border areas of Vietnam, they are exempted from submitting documents as prescribed in this clause according to regulations of the Minister of Transport.

e) Relevant state management agencies may only require ship owners to submit and present documents related to their management functions as stipulated in point d of this clause. Upon completion of procedures, they must immediately inform the Maritime Port Control; in cases where procedures are not completed, they must clearly state the reasons and methods of resolution.

3. Vessels that have completed entry procedures at one Vietnamese port and subsequently arrive at another port shall not need to follow the entry procedures prescribed in Clause 2 of this Article. The Maritime Port Control at the arrival port shall base its decision to allow the vessel to operate at the port on the Departure Permit issued by the previous port's Maritime Port Control and the General Declaration Form of the ship owner or their agent. Other relevant state management agencies shall rely on the port transfer file (if available) provided by the corresponding agency at the previous departure port to carry out their management tasks in accordance with the law.

4. The procedures for military vessels and other foreign vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam to enter the port shall be carried out in accordance with separate regulations.

Article 18. Notification of departure from the seaport

1. At least two hours before the vessel departs from the port, the shipowner or the agent of the shipowner must notify the Maritime Port Authority of the name of the vessel and the time it is expected to depart.

2. For vessels departing from the country, immediately upon receiving the notification from the shipowner or the agent of the shipowner, the Maritime Port Authority must promptly inform relevant state management agencies to timely process the departure formalities for the vessel.

Article 19. Place, deadline, and documents required for the procedure of departure from the seaport

1. Domestic route Vietnamese vessels:

a) Location for procedures: Main office or representative office of the Maritime Port Control;

b) Deadline for the shipowner's procedures: at least two hours before the vessel departs from the port;

c) Deadline for the Maritime Port Authority's procedures: at least one hour after the shipowner has submitted and presented all valid documents as prescribed below:

- Documents to be submitted (originals): 01 General Declaration Form.

- Documents to be presented (originals):

+ Certificates of the vessel and certificates of crew members' qualifications (if changed since arrival);

+ Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as stipulated by law.

2. Vessels departing from the country:

a) Location for procedures: Main office or representative office of the Maritime Port Control;

Specifically, for passenger vessels, the place of processing may be on board the vessel but only if requested by a specialized state management agency and such agency assumes responsibility.

b) Deadline for the shipowner or the agent of the shipowner's procedures: at least two hours before the vessel departs from the port. For passenger vessels and regular route vessels, this deadline is immediately prior to the time the vessel is prepared to depart;

c) Deadline for the specialized state management agencies' procedures: at least one hour after the shipowner or the agent of the shipowner has submitted and presented all valid documents as follows:

- Documents to submit (originals):

+ 03 General Declaration Forms, to be submitted to the Maritime Port Authority, Border Guard Gate Post, Customs Gate Post;

+ 03 Crew Lists (if changed since arrival), to be submitted to the Maritime Port Authority, Border Guard Gate Post, Customs Gate Post;

+ 01 Passenger List (if changed since arrival), to be submitted to the Border Guard Gate Post;

+ 01 Vessel Reserve Declaration Form, to be submitted to Customs Gate Post;

+ 01 Cargo Declaration Form (if applicable), to be submitted to Customs Gate Post;

+ 01 Passenger Luggage Declaration Form (if applicable), to be submitted to Customs Gate Post; specifically, for luggage of passengers on foreign passenger vessels arriving at and then leaving the port in the same voyage, customs declaration procedures are not applied;

+ Documents issued by specialized state management agencies for the vessel, crew members, and passengers (for retrieval);

- Documents to present (originals):

+ Certificates of the vessel (if changed since arrival);

+ Certificates of crew members' qualifications (if changed since arrival);

+ Crew Members' Passports, Passengers' Passports;

+ International Vaccination Certificates of crew members and passengers (if changed since arrival);

+ Health Inspection Certificates (if applicable);

+ Animal Health Inspection Certificates or Animal Product Certificates (if applicable);

+ Documents related to cargo carried on board the vessel;

+ Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as stipulated by law.

Article 20. Place, deadline, and documents for the procedure of entry and exit of vessels at offshore crude oil ports

1. Place, deadline, and documents are regulated in Articles 17 and 19 of this Decree.

2. The documents to be submitted and presented as prescribed in Clause 1 of this Article shall be processed in the following sequence:

a) Upon entry, the shipowner or the agent of the shipowner must fax the following documents to the Maritime Port Authority:

- 01 General Declaration Form;

- 01 Crew List;

- 01 Certificate of Civil Liability Insurance of the Shipowner for Oil Pollution.

b) When the Maritime Port Authority receives all the documents specified in point a of this clause, it will issue a Port Departure Permit to the ship through the shipowner's agent. The agent must sign a commitment to have received the Port Departure Permit.

c) Within 24 hours after returning to shore, the shipowner's agent is responsible for submitting all documents to be submitted (originals) and presenting all documents to be presented (photocopies certified by the captain and stamped by the vessel). Additionally, a photocopy of the Port Departure Permit signed by the captain and stamped by the vessel must also be submitted.

3. The provisions of this Article also apply to foreign vessels when processing entry and exit procedures offshore within Vietnam's territorial waters to conduct exploration, surveying, extraction of oil and gas, oil services, and construction of marine facilities.

Article 21. Conditions for vessels to depart from seaports

1. Vessels are only permitted to depart from the port after completing the procedures stipulated in Article 19 of this Decree and obtaining a Port Departure Permit issued by the Director of the Maritime Port Authority.

2. The Director of the Maritime Port Authority shall issue a Port Departure Permit only if the vessel has met all safety conditions for sea travel and completed all required procedures under the law, except in the following cases:

a) The vessel does not meet necessary safety conditions related to the hull, equipment on board, crew complement, and professional capability of the crew, food, provisions, and fuel.

b) The actual draft exceeds the permissible limit or the vessel is inclined more than 08 degrees in a free-floating state or the hull is actually leaking water.

c) The vessel carrying bulk cargo, grains, oversized or overweight cargo, dangerous goods, or cargo loaded on deck without adequate protective measures appropriate for such types of cargo.

d) The vessel has not been repaired or supplemented with maritime safety conditions as required by the Maritime Port Authority, Marine Safety Inspectorate, or the ship inspection authority.

đ) There is a detected risk threatening the safety of the vessel, persons, cargo on board, and the marine environment.

e) There is an order to arrest the vessel or cargo on board pursuant to a decision of the Court or other competent authority as provided by law.

Article 22. Foreign vessels transiting

1. Application procedures, notification, and confirmation:

a) Application procedures:

- Not later than 12 hours from the start of transit in the Vung Tau area or at the border area on the Mekong River between Vietnam and Cambodia, the shipowner or their agent must submit to the Vung Tau Port Authority or Dong Thap Port Authority a Transit Permit Application in accordance with point a, Clause 1, Article 11 of this Decree, clearly stating the purpose of the transit.

- Not later than two hours from receiving the application form specified in point a of this clause, the relevant Maritime Port Authority must respond in writing to the shipowner or their agent regarding approval or disapproval of the transit; in case of disapproval, the reasons must be clearly stated.

b) Notification and confirmation:

Notification and confirmation shall be carried out in accordance with Articles 14, 15, and 18 of this Decree.

2. Location, time limit, and documents for procedures:

a) The location and time limit for procedures are regulated in Articles 17 and 19 of this Decree.

b) Not later than two hours before the start of the transit, the shipowner or their agent must submit and present to the Vung Tau Port Authority or Dong Thap Port Authority the following documents:

- Documents to submit (originals):

+ One General Declaration Form;

+ One Crew List;

+ One Passenger List (if applicable);

+ One Cargo Declaration Form (if applicable);

- Documents to present (originals):

+ Certificate of Vessel Registration;

+ Certificates of technical safety of the vessel as prescribed;

+ Certificates of professional competence of the crew;

+ Crew Passports or Crew Books;

+ Civil Liability Insurance Certificate of the ship owner, if the vessel is specialized in transporting oil, oil products, or other dangerous goods;

+ Passports of passengers (if applicable).

3. The decision to permit transit through the Mekong River as stipulated in this Article shall be implemented by the Vung Tau Port Authority or Dong Thap Port Authority according to the following regulations:

a) In the case where the vessel arrives in the waters of the Vung Tau seaport area for transit, the Vung Tau Port Authority will handle the procedures and collect fees as prescribed. Immediately upon issuance of the approval document, the Vung Tau Port Authority must inform the relevant specialized state management agencies such as border guards, customs, and other related agencies, as well as the Dong Thap Port Authority and My Tho Port Authority, to coordinate in managing the transit activities of the vessel.

b) In the case where the vessel arrives at the border area on the Mekong River between Vietnam and Cambodia for transit, the Dong Thap Port Authority will handle the procedures and collect fees. Immediately upon issuance of the approval document, the Dong Thap Port Authority must inform the relevant border guard and customs agencies, as well as the My Tho Port Authority and Vung Tau Port Authority, to coordinate in managing the transit activities of the vessel.

Article 23. Time for handling procedures

Specialized state management agencies at the port handle procedures for vessels entering or departing the port 24/7, including holidays and public holidays.

Article 24. Implementing orders to mobilize vessels

1. The shipowner is responsible for fully complying with all requirements stipulated in this Decree so that specialized state management agencies can promptly process procedures for vessels entering or departing the port.

2. Only the Director of the Maritime Port Authority has the authority to issue orders to mobilize and designate anchorage positions for vessels when operating at the seaport.

3. All orders of the Director of the Maritime Port Authority concerning the operation of vessels at the seaport must be promptly, accurately, and fully executed. After receiving a mobilization order, if the master considers it impossible to execute immediately due to insufficient conditions, they must report to the relevant Maritime Port Authority for a decision.

Article 25. Handling situations before and after procedures

1. If a vessel remains at the port for more than 24 hours after receiving a Port Departure Permit, it must reapply for departure procedures.

2. The shipowner or their agent is entirely responsible for delays in entering or departing the port caused by their own fault.

3. If a vessel is temporarily staying at the port for up to 12 hours, the master must notify the relevant Maritime Port Authority. The Maritime Port Authority must coordinate with related specialized state management agencies to arrange simultaneous entry and departure procedures for the vessel.

4. Strictly prohibited are any transactions by persons on board the vessel with anyone other than pilots and official personnel conducting entry or exit procedures on board the vessel before completing the entry procedures or after completing the exit procedures.

PART C: REGIME OF PILOTS

Article 26. Compulsory Pilotage System

1. All foreign vessels regardless of size and Vietnamese ocean-going vessels with a gross tonnage of 2,000 GT or more must have a Vietnamese pilot guide them when entering, leaving, or moving within port waters or other compulsory pilotage areas in Vietnam, and must pay pilotage fees as prescribed by law. For Vietnamese vessels with a gross tonnage under 2,000 GT, the master of such vessels may request a pilot to guide the vessel.

2. Based on actual conditions, the Director of the Marine Port Control Office has the authority to stipulate in the Port Regulations a regime exempting foreign vessels with a gross tonnage under 100 GT from compulsory pilotage when entering or leaving port, but they must bear responsibility for ensuring maritime safety and preventing environmental pollution.

3. A master who is a Vietnamese citizen and has been issued a Vietnamese marine pilot certificate appropriate to the type of vessel and the marine pilotage area where the vessel is operating may self-guide the vessel but must notify the relevant Marine Port Control Office in advance.

Article 27. REQUIREMENTS FOR PILOTAGE TIME

1. Except in urgent cases requiring pilotage to prevent maritime accidents, requests for pilotage must be reported to the Marine Port Control Office and the pilot organization at least six hours before the expected time of boarding the pilot.

2. If after requesting pilotage there is a need to change the boarding time or cancel the request, the Marine Port Control Office and the pilot organization must be notified at least three hours before the expected boarding time.

3. The pilot is responsible for waiting at the agreed location not exceeding four hours from the scheduled boarding time; if this period is exceeded, the request for pilotage is considered canceled and the shipowner must pay for the pilot's waiting time according to regulations.

4. Within one hour of receiving a pilotage request, the pilot organization must report back to the Marine Port Control Office, the shipowner, or the shipowner's agent regarding the expected location and time of boarding the pilot. If the pilot boards the vessel later than the reported time and at a different location, causing the vessel to wait or move to another location, the pilot organization must pay for the vessel's waiting time according to regulations.

PART D: ACTIVITIES OF VESSELS IN PORT WATERS

Article 28. REQUIREMENTS FOR VESSEL ACTIVITIES

1. All activities of vessels in port waters, including passing through without anchoring, must be subject to management and supervision by the Marine Port Control Office.

2. Without permission from the Marine Port Control Office, no vessel may be moved, anchored, relocated, or engage in similar activities within navigational channels, areas in front of piers, and other restricted zones designated by the Director of the Marine Port Control Office.

3. When operating in Vietnamese port waters, all vessels must comply with the International Regulations for Preventing Collisions at Sea.

4. When vessels operate in port waters, the master must comply with the following provisions:

a) Promptly, accurately, and fully execute orders given by the Director of the Marine Port Control Office and maintain continuous communication with the Marine Port Control Office via VHF radio on the designated channel;

b) In areas with restricted maritime operations, strictly adhere to speed limits through channels, warning signals, watchkeeping regimes, and other regulations. Proactively navigate at safe speeds when passing through areas with underwater activities, dredging channels, mooring buoys, salvage operations, fishing activities, or when passing other anchored vessels in the vicinity;

c) Outside specified hours, vessels may not pass through narrow channels, areas with restricted requirements, or under high-voltage power lines where the height of the vessel exceeds the permitted clearance height;

d) Mooring machines and similar equipment must always be in a state of readiness to quickly execute the master's commands;

e) It is prohibited to drag anchors or pull anchors underwater while operating in channels or canals except in emergencies to reduce vessel surge and avoid potential accidents;

f) Vessels with a maximum length of 80 meters or more when maneuvering to berth, leave the pier, or move mooring buoys or turn around within the area in front of the pier must use tugboats for assistance. Based on actual maritime safety conditions in the area, the Director of the Marine Port Control Office will specify the number and horsepower of tugboats required to assist these vessels when operating in the port. Masters of vessels with a maximum length less than 80 meters may also request tugboat assistance if deemed necessary during port operations.

5. In addition to complying with the provisions of this Article, masters or persons in charge of vessels specifically used for dredging channels, installing maritime signals, sand mining, surveying, measuring, pile driving, floating cranes, and other construction equipment must obtain prior permission from the Marine Port Control Office in the relevant area before conducting activities in port waters. While operating, they must maintain necessary warning signals and comply with all instructions from the Marine Port Control Office.

Article 29. REQUIREMENTS FOR ANCHORING OF VESSELS

1. Vessels may only anchor at positions designated by the Director of the Marine Port Control Office and may not change their position arbitrarily.

2. If a vessel drifts or changes its anchorage position due to external factors, immediate measures must be taken to address the situation and report to the Marine Port Control Office.

3. When anchoring, the master must calculate appropriate anchor lines that are suitable for the terrain, seabed composition, current flow, and surrounding vessel density to ensure safety even if there are changes in currents or wind direction.

4. Once safely anchored at the designated position, the main engine of the vessel must always be kept ready for operation when needed. On deck and along the sides of the vessel, lights must be provided for nighttime or limited visibility conditions. Depending on the time of day or weather conditions, sufficient warning signals by signs or sound signals must be maintained.

5. Non-self-propelled watercraft and other rudimentary watercrafts may only be moored in designated areas and must always have personnel on duty to be ready for immediate mobilization when necessary.

Article 30. Responsibilities of Port Enterprises

After receiving the notification from the Maritime Port Authority regarding the plan to maneuver vessels into the port, the relevant port enterprises must prepare all necessary conditions according to current regulations and the following requirements to ensure safety for vessels berthing to load/unload cargo or passengers or to perform other services:

1. Arrange for the gangway to be clear, with no other means obstructing vessel berthing. The length of the gangway section intended for vessel berthing must exceed the maximum length of the vessel by at least 20 meters.

2. The port wharf must have adequate lighting at night and there must be no objects on the wharf surface that could obstruct or pose danger to vessel mooring or other normal crew and passenger activities.

3. Skilled workers must be arranged to serve the tying and untying of ropes. Mooring posts must be prepared to allow quick and safe rope operations. Warning signs (red flags during the day - red lights at night) must be maintained at the tying and untying locations.

4. Wharf preparation must be completed at least one hour before the expected vessel mooring time, if the vessel is coming from the sea, and thirty minutes if the vessel is moving within the port.

Article 31. Designation of Mooring Locations

1. The arrangement of vessel mooring locations or movement shall be scheduled by the port enterprise but must be approved by the Maritime Port Authority.

2. The Maritime Port Authority may only arrange for vessels to berth alongside each other with the agreement of the respective captains, but must ensure the following principles:

a) Vessels with a total gross tonnage of 1000 GT or more are allowed to berth alongside. Other types of vessels are allowed to berth in the third row but must not obstruct normal activities in the port's channel and waters in front of the wharf. The Director of the Maritime Port Authority may arrange for vessels to berth alongside differently based on maritime safety assurance conditions;

b) Larger vessels may not berth alongside smaller vessels from the outside;

c) Cushions, ladders, and properly secured ropes must be arranged between vessels berthing alongside each other;

d) In any case, vessels that are not water supply, fuel supply, food supply, pilotage, firefighting, or similar service vessels may not berth alongside passenger vessels.

3. Captains must use appropriate ropes when berthing vessels; it is prohibited to tie ropes onto port structures such as beams, frames, or other constructions that are not designated for vessel mooring.

Article 32. Duty Shifts During Vessel Operations at the Port

1. During the time vessels are operating at the port, the captain must arrange for crew members to be on diligent watch, ready to handle drifting anchors, broken mooring ropes, or when mooring ropes are too tight or too slack; simultaneously, they must maintain rescue and firefighting equipment and emergency medical supplies in a state of readiness.

2. On board the vessel, two-thirds of the crew must be kept on duty when moored at the wharf or one-third of the crew when moored at other locations within the port's waters, with sufficient positions to maneuver the vessel or handle emergencies.

3. The Director of the Maritime Port Authority has the responsibility to inform captains specifically about changes in geographical, hydrological conditions, storms, and necessary preventive measures in the marine area where vessels are operating.

4. In the event of a storm, all vessels must quickly move to the storm shelter area designated by the Director of the Maritime Port Authority.

PART E: RESCUE AND RESPONSE IN MARITIME DISASTERS

Article 33. Obligations for Rescue Operations

1. The obligation to rescue persons and vessels in distress occurring at the port is mandatory for all organizations, individuals, vessels, and other means of transport operating within the port and maritime area.

2. Upon discovering an accident or a potential accident, the person who discovers it must immediately issue emergency signals as prescribed and promptly implement appropriate preventive rescue measures to save lives, property, and minimize losses.

3. The Director of the Port Maritime Administration has the authority to mobilize all forces, equipment of the port, vessels, and other means of transport currently present in the port to assist in rescuing persons and vessels in distress. All relevant organizations and individuals have the duty to comply with orders and requests from the Director of the Port Maritime Administration regarding participation in rescue operations.

4. The use of life-saving equipment on vessels for other purposes may only be carried out with the approval of the Director of the Port Maritime Administration.

Article 34. Reporting Obligations for Maritime Accidents

The ship's captain has the obligation to report to the Director of the Port Maritime Administration about accidents, incidents involving their vessel or other maritime accidents and malfunctions of navigational aids in the port waters and maritime areas if discovered.

Article 35. Mutual Rescue Obligations Among Vessels

1. When an accident occurs, the captains of related vessels and other vessels must promptly organize search and rescue operations for persons in immediate danger to life and urgently implement necessary measures to save people, vessels, and cargo.

2. Vessels suffering lesser damage must provide assistance to those suffering greater damage, regardless of whether they caused the accident.

Article 36. Responsibilities for Handling Sunken Assets in the Port

1. Immediately following a sinking incident, the Director of the Port Maritime Administration must request the Marine Safety Assurance Department to promptly determine the location, set warning signals, and issue maritime notices as prescribed.

2. Owners of sunken vessels and other assets in port waters have the obligation to salvage them immediately if such assets obstruct maritime activities or cause environmental pollution.

3. In cases where the ship owner or owner of other assets does not carry out salvage operations or fails to complete the salvage of sunken assets within the time limit specified by the Director General of the Vietnam Maritime Administration or by the Director of the Port Maritime Administration authorized by the Director General of the Vietnam Maritime Administration, the Director of the Port Maritime Administration must organize the salvage and removal of such sunken assets.

4. In addition to being required to fully pay for salvage costs, surveys, setting of navigational signals, and remediation of consequences, the ship owner or owner of sunken assets must also be subject to legal penalties as prescribed.

PART G: SAFETY, ORDER, AND SANITATION AT PORTS AND MARITIME AREAS

Article 37. Flag Display Requirements for Vessels

1. The flag display requirements for vessels operating at the port are as follows:

Foreign vessels must fly the national flag of the Socialist Republic of Vietnam at the highest mast of the vessel from sunrise until sunset.

For Vietnamese vessels, the national flag of the Socialist Republic of Vietnam must be flown at the bow mast.

2. On National Day of the Socialist Republic of Vietnam and when the head of state visits the port, upon request of the Port Maritime Administration, all vessels moored in the port must fly ceremonial flags.

3. Foreign vessels wishing to fly ceremonial flags, mourning flags, or sound horns during their own ceremonial occasions must notify the Port Maritime Administration in advance.

4. The Director of the Port Maritime Administration may exempt certain simple watercraft from the obligation to fly the national flag while operating in port waters.

5. The flag display requirement stipulated in Clause 1 of this Article for foreign military vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam shall be implemented in accordance with Vietnamese law.

Article 38. Requirements for Stairways and Mooring Lines

1. Stairways leading to and from vessels must be illuminated and adjusted according to the draft of the vessel at different times of the day, ensuring safety without posing a danger to users. A watchman must be stationed at the top of the stairway, and a safety net must be placed below the stairway. The stairway must have handrails and be equipped with lifebuoys as prescribed.

2. Effective rat guards must always be maintained on mooring lines.

Article 39. Ensuring Safety, Order, and Sanitation on Vessels

1. All types of vessels must clearly display their name or number and registration place as prescribed.

2. The captain of the vessel is responsible for ensuring safety, order, and sanitation on board, in compliance with Vietnamese law.

3. Apart from crew members assigned to the vessel and passengers traveling with the vessel, only individuals introduced by authorized agencies or organizations are allowed to board the vessel while it is moored in port waters; for foreign vessels, they must also have a permit issued by the Border Guard Port Gate.

4. The captain is solely responsible for allowing persons not in compliance with Clause 3 of this Article to board the vessel while it is moored in port waters.

5. While vessels are moored in port waters, the following actions are prohibited:

a) Blowing horns or using loudspeakers to communicate, except in emergencies or when sounding horns as ordered by the Director of the Port Maritime Administration;

b) Cleaning chimneys or emitting black smoke;

c) Washing cargo holds or decks causing environmental pollution;

d) Pumping out dirty water, sediment, waste, oil, or oil-containing substances and other harmful chemicals;

e) Dumping garbage or other objects into the water or onto the wharf;

f) Leaving equipment and property scattered on the wharf;

g) Rust removal or painting that causes environmental pollution;

h) Conducting repairs, engine tests, or horn tests without permission from the Port Maritime Administration;

i) Using life-saving and firefighting equipment for purposes other than intended;

j) Swimming or making noise in the port.

Article 40. Regulations on Garbage Disposal and Wastewater Discharge

1. Vessels operating within the port must comply with the regulations on garbage disposal, sewage discharge, and ballast water pumping as stipulated by law and the instructions of the Maritime Port Authority.

2. Port enterprises or organizations providing ship cleaning services at the port shall arrange facilities to receive waste from vessels and may charge service fees according to regulations.

Article 41. Sports activities and military exercises

The organization of sports competitions, military drills, and similar activities in port waters shall be conducted in accordance with Vietnamese laws and can only proceed after obtaining permission from the Director of the Maritime Port Authority.

Article 42 |||. Transportation of persons and goods and fishing activities in port waters.

1. Vessels lacking necessary conditions or failing to comply with legal regulations shall not transport persons or goods within port waters.

2. Activities such as anchoring, fishing, and aquaculture in port waters must adhere to relevant legal provisions and require approval from the Director of the Maritime Port Authority regarding location, water area limits, and quantity and aperture of fishing equipment.

Article 43. Responsibilities of the master when loading/unloading cargo, repairing, and cleaning vessels

1. Prior to commencing cargo handling, repair, and vessel cleaning operations, the master is responsible for preparing necessary safety conditions for maritime safety and labor protection and strictly adhering to related legal regulations.

2. The master may only permit hatch covers to be closed or personnel to enter the hold after ensuring through inspection that there are no hazardous conditions present.

3. During cargo operations, if unsafe signs are detected, the master or cargo handling supervisor must immediately halt work to address the situation.

4. In case of a workplace accident, the master must promptly organize first aid for the injured, implement necessary measures to mitigate further consequences, and immediately report to the Maritime Port Authority.

Article 44. Ensuring order and safety in port areas

1. The head of the port enterprise is responsible for organizing and managing security forces in accordance with relevant legal regulations and actual conditions at the port under their management and operation.

2. Based on management requirements, specialized state agencies such as border guards and customs at seaports may utilize port gates for their duties after reaching agreement with the port enterprise.

3. All individuals and means of transportation permitted to operate within port areas must fully comply with relevant Vietnamese legal regulations.

PART H: FIRE PREVENTION, EXPLOSION CONTROL, AND ENVIRONMENTAL POLLUTION PREVENTION

Article 45. Responsibilities of port enterprises and vessels for fire prevention and explosion control

1. Masters of vessels operating in ports and maritime zones have the duty to implement and supervise compliance with regulations on fire prevention and explosion control.

2. Fire prevention and explosion control equipment of the port and vessels must always be in a ready-to-operate condition and placed in designated locations.

3. Warning signs or instructions must be provided at all flammable and explosive locations or other areas within the port and on vessels as prescribed by law.

4. Personnel working at flammable and explosive sites on vessels and in the port must be proficiently trained in fire prevention and explosion control procedures.

5. When receiving fuel, the following must be done:

a) Prepare firefighting and explosion prevention equipment;

b) Close side doors facing the fuel supply vessel;

c) Adhere to all technical safety procedures during fuel reception;

d) Assign personnel to monitor on deck and at the fuel reception point.

6. It is strictly prohibited to use fire prevention and explosion control equipment of the port and vessels for other purposes.

7. It is strictly prohibited to perform work producing sparks on deck, cargo holds, engine rooms without prior permission from the Maritime Port Authority.

8. During fuel reception, the following actions are forbidden:

a) Allowing other vessels to dock alongside;

b) Pumping fuel through hoses, pipes, or couplings not meeting technical standards;

c) Receiving fuel while passengers are aboard (for passenger vessels).

9. Permission for vessel repairs, cleaning, or other maritime activities in port waters that may affect fire prevention and explosion control plans must be granted only after consulting the local fire and explosion control authority.

Article 46. Coordination in organizing fire prevention and explosion control at ports

1. The Director of the Maritime Port Authority is responsible for coordinating with specialized fire and explosion control authorities in their jurisdiction to develop necessary fire prevention and explosion control plans for vessels operating in those areas as required by law.

2. The Director of the Maritime Port Authority is responsible for commanding rescue operations for vessels involved in fires or explosions in port waters until the competent authority of the specialized fire and explosion control force arrives at the scene.

3. The head of the port enterprise is responsible for commanding preventive actions against fires and explosions occurring in port areas until the competent authority of the specialized fire and explosion control force arrives at the scene.

Article 47. Requirements for oil tankers and other dangerous cargo vessels

In addition to environmental pollution prevention regulations, all types of oil tankers and other dangerous cargo vessels operating in ports must strictly comply with the following requirements:

1. Simultaneous berthing of two vessels to load or unload flammable or explosive materials is prohibited, except for fuel transfer between vessels.

2. All types of oil tankers or other dangerous cargo vessels are only allowed to handle cargo in designated areas. Berthing in unauthorized locations is prohibited for vessels specified in this clause.

3. In areas specified in Clause 2 of this Article, necessary fire prevention, explosion prevention, and environmental pollution prevention equipment must be provided. Throughout the loading and unloading of goods, all such equipment must continuously be maintained in a state of readiness for operation.

4. The loading, unloading, and storage of flammable, explosive goods, or other dangerous goods must strictly comply with current technical safety procedures and rules.

5. When assembling crude oil pumps, gasoline, diesel, liquefied gas, and oil residue equipment, the ship captain and related parties must appoint representatives to jointly inspect and supervise.

6. In case of incidents or accidents related to oil pumping or the loading and unloading of other dangerous goods, the ship captain must immediately stop oil pumping or loading/unloading operations and promptly apply effective preventive measures; at the same time, they must report to the Maritime Port Authority and relevant authorities to coordinate rescue efforts.

Article 48. Requirements for Environmental Pollution Prevention

1. All organizations, individuals, and vessels operating at seaports must have the obligation to respect and implement legal regulations on environmental pollution prevention.

2. In addition to the provisions in Clause 1 of this Article, vessels operating at seaports must also comply with the following requirements:

a) All valves and equipment on vessels from which harmful substances may leak must be sealed with lead seals and marked with warning signs. Removing seals or discharging waste or dirty water through valves or equipment specified in this clause can only be done with the consent of the Maritime Port Authority Director and under the direct supervision of Maritime Port Authority staff;

b) When pumping dirty water, oily wastewater, or other hazardous substances through deck pipelines, all deck scuppers must be plugged and drip pans placed at pipeline joints;

c) All activities related to oil pumping or discharging other hazardous substances must be recorded in a specific logbook and be ready for inspection by authorized Vietnamese officials when necessary.

Article 49. Reporting Environmental Pollution Incidents at Seaports

1. Reporting environmental pollution incidents occurring at seaports must be carried out in accordance with legal regulations.

2. In addition to the provisions in Clause 1 of this Article, all vessels operating at seaports must comply with the following requirements:

a) If a risk or act causing environmental pollution is discovered, it must be reported immediately to the Maritime Port Authority; simultaneously, the time, location, and characteristics of the pollution incident must be clearly recorded in the ship's logbook.

b) If an environmental pollution incident arises from their own vessel, immediate effective preventive measures must be taken, but the Maritime Port Authority must be promptly informed.

Chapter IV

COORDINATION OF ACTIVITIES BETWEEN SPECIALIZED STATE MANAGEMENT ORGANIZATIONS AT SEAPORTS

Article 50. Principles of Coordination in Management Activities

1. Specialized state management organizations at seaports perform their tasks independently according to the principle of independence, but must comply with legal regulations without causing undue inconvenience or affecting the operations of port enterprises, ship owners, cargo owners, vessels, and other organizations and individuals within the port. The Maritime Port Authority is the leading organization coordinating the activities of specialized state management organizations at seaports.

2. Specialized state management organizations at seaports have the responsibility to closely cooperate with each other when performing their tasks, aiming to facilitate safe and efficient operations for port enterprises, ship owners, cargo owners, vessels, and other related organizations and individuals.

3. In cases where disputes arise concerning the functions of other specialized state management organizations, they must be resolved through timely consensus; if any organization does not agree, it must promptly inform the Maritime Port Authority of the reasons and proposed solutions in accordance with legal regulations.

4. Only when the procedure location is on board the vessel as stipulated in Point b, Clause 2, Article 17, and Point a, Clause 2, Article 19 of this Decree, or in other special circumstances decided and responsible for by the Maritime Port Authority Director, may specialized state management organizations establish a procedure team led by a representative of the Maritime Port Authority, with each organization sending only one person to participate; specifically for passenger ships, to expedite procedures, border control and customs management organizations may send additional personnel to the team, but the number must be approved by the Maritime Port Authority Director. If it is not necessary to go on board the vessel, specialized state management organizations may not send representatives to the procedure team as stipulated herein, but must immediately inform the Maritime Port Authority of the results of their procedural resolution.

5. In cases where disputes arise exceeding the authority to resolve of a specialized state management organization, that organization must promptly report to its superior authority for immediate resolution. If deemed necessary, relevant Ministries have the responsibility to coordinate with the Ministry of Transport to resolve the issue, but must notify the decision on handling to the relevant authorities, organizations, and individuals within four hours of receiving the report.

6. During the performance of their duties, specialized state management organizations have the responsibility to coordinate with other related agencies and organizations in the area to strictly enforce legal regulations on all maritime activities at seaports.

Article 51. Responsibilities for Coordination in Management Activities

1. In organizing coordination of management activities between specialized state management organizations at seaports, the Maritime Port Authority has the following responsibilities:

a) To lead and manage the coordination of management activities between specialized state management organizations at seaports;

b) Organize and chair meetings with specialized state management agencies or other relevant agencies, organizations, and enterprises in the port area to exchange and unify the resolution of arising issues;

c) Request other specialized state management agencies at the port to promptly notify the results of procedures and measures to resolve arising issues; request port enterprises, ship owners, vessels, and other relevant agencies and organizations to provide data and information on maritime activities at seaports;

d) Recommend to the Chairman of the People's Committee of the province or centrally-administered city in the area to promptly resolve arising issues within their jurisdiction that are related to specialized state management at seaports;

2. Other specialized state management agencies at the port shall be responsible for:

a) Closely cooperate to promptly and correctly handle procedures related to vessels, cargo, passengers, and crew members when operating at seaports according to this Decree;

b) Promptly inform the Maritime Port Office of the results of handling procedures related to vessels, cargo, crew members, and passengers when operating at the port;

c) After receiving and processing information provided by the Maritime Port Office or the ship owner and upon completing the procedures or in cases where issues arise, immediately inform the Maritime Port Office to coordinate in resolving them promptly;

Article 52. Inspection, supervision, and specialized custody at seaports

1. The inspection, supervision, and specialized custody conducted by specialized state management agencies and other authorized agencies towards vessels, cargo, passengers, crew members, and other entities when operating at seaports must be carried out in accordance with this Decree and relevant laws;

2. Direct supervision and custody on vessels by specialized state management agencies can only be implemented in the following situations:

a) Vessels showing clear signs of violating the law;

b) Situations requiring security, defense, disease prevention, public order, and social safety;

3. Strictly prohibit officials, civil servants, and staff of specialized state management agencies and other authorized agencies from engaging in arbitrary, parochial, self-serving, corrupt, harassing, and other negative behaviors while performing their duties; all violations will be dealt with according to the law;

Article 53. Responsibilities of Ministries, sectors, and localities regarding the operations of specialized state management agencies at seaports

1. Ministries, sectors, and localities are responsible for directing and guiding the operations of subordinate specialized state management agencies to effectively coordinate in state management activities at seaports;

2. Inspect and audit the operations of subordinate specialized state management agencies and strictly deal with any violations according to the law;

Chapter V

REWARD AND PUNISHMENT FOR VIOLATIONS VIOLATION

Article 54. Awards

Organizations, individuals who have outstanding achievements in implementing this Decree shall be rewarded according to the law;

Article 55. Handling Violations

All violations by organizations and individuals against the provisions of this Decree shall be dealt with according to the law;

Chapter VI

IMPLEMENTING PROVISIONS

Article 56. Effectiveness

1. This Decree takes effect 15 days from the date of publication in the Official Gazette;

2. Nine Appendices are issued together with this Decree, including forms and tables for use during implementation;

3. This Decree replaces the following legal normative documents:

a) Decree No. 13/CP dated February 25, 1994 of the Government promulgating the Regulations on Management of Maritime Activities at Seaports and Coastal Areas in Vietnam;

b) Decree No. 24/2001/NĐ-CP dated May 30, 2001 of the Government amending and supplementing certain articles of the Regulations on Management of Maritime Activities at Seaports and Coastal Areas in Vietnam, issued together with Decree No. 13/CP dated February 25, 1994 of the Government;

c) Decision No. 202/TTg dated December 28, 1992 of the Prime Minister promulgating the Regulations on Coordination of Operations between Agencies and Organizations Performing State Management Functions at Vietnamese Seaports;

d) Decision No. 55/2002/QĐ-TTg dated April 23, 2002 of the Prime Minister on Pilot Implementation of Administrative Reform Procedures at Seaports in Ho Chi Minh City Area;

đ) Decision No. 178/2002/QĐ-TTg dated November 13, 2002 of the Prime Minister on Pilot Implementation of Administrative Reform Procedures at Seaports in Bà Rịa - Vũng Tàu, Da Nang, Hai Phong, and Quang Ninh Areas;

e) Decision No. 428/CP dated December 4, 1979 of the Council of Ministers promulgating the Temporary Transit Regulations for Foreign Vessels Carrying Urgent Humanitarian Cargo Transport Through the Mekong River to Cambodia;

4. Any provisions in other legal documents concerning maritime activities at seaports and coastal areas that contradict the provisions of this Decree shall be abolished;

Article 57. Implementation

1. The Minister of Transport is responsible for organizing and coordinating with relevant Ministries, sectors, and provincial People's Committees to implement this Decree;

2. Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of provincial People's Committees are responsible for enforcing this Decree.