Circular No. 18/2021/TT-BGTVT on the organization and operation of inland waterway port supervision units

CIRCULAR

Regulations on the organization and operation of Inland Waterway Port Control Units

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

Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government stipulating the management of inland waterway transport activities; Decree No. 54/2022/NĐ-CP dated August 22, 2022, issued by the Government amending and supplementing some articles of Decree No. 78/2016/NĐ-CP dated July 1, 2016, issued by the Government stipulating conditions for operating maritime training services and inland waterway vessel crew training services and Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government stipulating the management of inland waterway transport activities;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Inland Waterway Administration;

The Minister of Transport shall issue a Circular stipulating the organization and operation of Inland Waterway Port Control Units.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Circular stipulates the organization, operation, and scope of operation of inland waterway port services.

2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of inland waterway port services.

Article 2. Position and Functions

1. The Inland Waterway Port Control Unit is an agency responsible for implementing specialized state management functions regarding inland waterway transport at ports, inland waterway wharves (hereinafter referred to as ports, wharves), anchorage areas to ensure compliance with legal regulations on inland waterway traffic order, safety, and environmental protection.

2. The Inland Waterway Port Control Unit has legal personality, has its own office, uses its own seal, and opens an account at the State Treasury.

Chapter II

SCOPE OF MANAGEMENT AND DUTIES, LIMITATIONS

OF INLAND WATERWAY PORT CONTROL UNITS

Article 3. Scope of Management

1. The scope of management of Inland Waterway Port Control Units under the Vietnam Inland Waterway Administration includes ports, wharves (excluding river passenger ferries), anchorage areas that have been announced and permitted to operate, specifically as follows:

a) Ports, wharfs, anchorage areas on national inland waterways;

b) Ports, wharfs, anchorage areas on dedicated inland waterways connecting to national inland waterways;

c) Ports, wharfs, anchorage areas with land and water areas both on national inland waterways and local inland waterways;

d) Ports, wharves, anchorage areas within the waters of seaports connected to national inland waterways;

e) Other ports, wharves, anchorage areas determined by the Ministry of Transport.

2. The scope of management of Inland Waterway Port Control Units under the specialized agencies of transportation (hereinafter referred to as Departments) under the People's Committees of provinces and centrally governed cities includes ports, wharves (excluding river passenger ferries), anchorage areas that have been announced and permitted to operate, specifically as follows:

a) Ports, wharves, anchorage areas on local inland waterways;

b) Ports, wharves, anchorage areas on dedicated inland waterways connecting to local inland waterways;

c) Ports, wharves, anchorage areas within the waters of seaports connected to local inland waterways;

d) Other ports, wharves, anchorage areas determined by the Ministry of Transport.

Article 4. Tasks and Powers

1. Prescribing anchoring locations for inland waterway vessels (hereinafter referred to as vessels), ships, seaplanes, foreign inland waterway vessels in port, wharf, and anchorage area waters.

2. Inspect the implementation of legal regulations within the port, wharf, anchorage area concerning:

a) Vessels, ships, seaplanes, foreign inland waterway vessels regarding safety, security, and environmental protection;

b) Certificates of professional competence, professional certificates of crew members, drivers of vessels, and crew lists;

c) Cargo handling equipment and operators of cargo handling equipment according to regulations.

3. Issue permits, orders to move in or out of ports, wharves, anchorage areas for vessels, ships, seaplanes, foreign inland waterway vessels entering or leaving ports, wharves, anchorage areas in accordance with legal provisions.

4. Receive and notify the condition of inland waterway channels to crew members, vessel drivers, and relevant organizations and individuals within the scope of responsibility.

5. Promoting, disseminating, and guiding the implementation of legal regulations on inland waterway transport.

6. Implementing traffic safety assurance work:

a) Taking the lead and coordinating with other state management agencies to implement traffic safety assurance work in port, wharf, and anchorage areas;

b) Inspecting safety conditions for ports, wharfs, anchorage areas, dedicated routes to ports, wharfs, signaling, and other related works within the scope of ports, wharfs, and anchorage areas;

c) Timely report to organizations and individuals responsible for handling when signs of safety loss are detected;

d) Confirming the resolution of accidents or risks causing safety loss in ports, wharfs, and anchorage areas that have been eliminated.

7. Announce traffic restrictions in port, wharf, anchorage area waters; negotiate activities related to dredging and improving port, wharf, anchorage area waters; approve safety measures for traffic during repair, improvement, upgrading, and other activities in port, wharf, anchorage area waters under their jurisdiction.

8. Implement disaster prevention and control work; take the lead or coordinate in organizing search and rescue operations in port, wharf, anchorage area waters according to their authority and legal provisions; mobilize forces, means, ships, public service vessels, and other types of vessels in the port, wharf, anchorage area to participate in search and rescue operations in emergency situations as prescribed.

9. Inspect and supervise the implementation of oil spill response plans at ports, wharfs, anchorage areas, and vessels, sea ships, seaplanes, and foreign inland waterway vessels as prescribed.

10. Review files, report review results for the Vietnam Inland Waterway Administration to approve security assessments, security plans, and issue security compliance certificates for inland waterway ports receiving foreign inland waterway vessels, and annually confirm security compliance certificates for inland waterway ports.

11. Monitor and supervise the loading of goods from vessels, ships, foreign inland waterway vessels onto ports, wharves, and unloading from ports, wharves to vessels, ships, foreign inland waterway vessels or between vessels, ships, foreign inland waterway vessels within port, wharf, anchorage area waters.

12. Confirm the reporting of inland waterway navigation according to legal provisions.

13. Perform specialized inspection functions; inspect and supervise the implementation of legal regulations on inland waterway traffic by organizations and individuals within the scope of responsibility; impose administrative penalties; collect fees and charges as prescribed by law.

14. Participate in establishing records and concluding causes of accidents and incidents occurring in port, wharf, anchorage area waters; request relevant parties to rectify the consequences of accidents and incidents.

15. Update information on ports, wharves, anchorage areas, vessels, ships, seaplanes, foreign inland waterway vessels, cargo, passengers, administrative penalties imposed into the database of the Vietnam Inland Waterway Administration.

16. Participate in drafting normative legal documents, planning for inland waterway infrastructure, standards for ports, wharfs, and anchorage areas when required.

17. Develop annual activity plans to be submitted for direct approval by superiors and organize their implementation.

18. Manage and utilize civil servants, officials, workers, facilities, assets, and finances assigned; implement policies, statistics, and reporting according to the分级限制词汇，请忽略此提示。

19. Perform other tasks assigned by the Director of the Vietnam Inland Waterways Administration or the Department Director.

Chapter III

ORGANIZATION OF THE INLAND WATERWAY PORT AUTHORITY

Article 5. Organizational System

1. Inland Waterway Port Control Units under the Vietnam Inland Waterway Administration are organized by region as decided by the Minister of Transport based on the proposal of the Director of the Vietnam Inland Waterway Administration for establishment, reorganization, or dissolution.

2. The Inland Waterway Port Authority under the Department shall be established, restructured, or dissolved as decided by the People's Committee of the province or centrally governed city upon the proposal of the Department Director.

Article 6. Principles of Operation

1. The organization and operation of Inland Waterway Port Control Units must comply with the Law on Inland Waterway Traffic, this Circular, other relevant legal provisions, and international treaties to which the Socialist Republic of Vietnam is a party.

2. The Inland Waterway Port Authority under the Vietnam Inland Waterways Administration is directly led by the Director of the Vietnam Inland Waterways Administration.

3. The Inland Waterway Port Authority under the Department is directly led by the Department Director; it is guided, inspected, and professionally managed by the Vietnam Inland Waterways Administration.

组织结构（第1-13条）

领导和管理职位（第14-18条）

通函生效及其他规定（第19-22条）

b) Financial Department;

c) Legal Affairs - Inspection Department;

d) Port Management Department.

In cases where the number of specialized technical departments is less than the number specified in this Clause, the Director of the Vietnam Inland Waterway Administration decides on the reorganization of these departments appropriately (for Inland Waterway Port Control Units under the Vietnam Inland Waterway Administration) after obtaining approval from the Ministry of Transport or the Department submitting to the People's Committee of the province or centrally governed city for decision within their authority (for Inland Waterway Port Control Units under the Department).

2. Representatives of Inland Waterway Port Control Units

Representatives of Inland Waterway Port Control Units perform specialized state management functions at ports, wharves, anchorage areas as prescribed and may use their own seals.

The Director of the Vietnam Inland Waterway Administration and the Department Director shall decide on the establishment, reorganization, and dissolution of the Inland Waterway Port Office under their management based on the proposal of the Inland Waterway Port Director.

3. The Inland Waterway Port Director shall stipulate the functions, tasks, and authorities of the specialized departments; define the functions, tasks, and scope of management of the Inland Waterway Port Office according to regulations.

Article 8. Leadership and management positions

1. The Inland Waterway Port has a Director who is the head, responsible before the Director General of the Vietnam Inland Waterway Administration or the Department Director and the law for all activities of the Inland Waterway Port. The Deputy Directors assist the Director and are responsible before the Director and the law for the tasks assigned by the Director.

2. Appointment and removal of leadership and management positions at subordinate Inland Waterway Ports under the Vietnam Inland Waterway Administration: the Director is appointed and removed by the Director General of the Vietnam Inland Waterway Administration; the Deputy Directors and Chief Accountant are appointed and removed by the Director General of the Vietnam Inland Waterway Administration upon the recommendation of the Director. The appointment and removal of other positions within the Inland Waterway Port are carried out according to the分级管理权限规定。

3. Appointment and removal of leadership and management positions at subordinate Inland Waterway Ports under the Departments: the appointment and removal of leadership and management positions within subordinate Inland Waterway Ports under the Departments are carried out according to the分级管理领导和管理人员的规定。

Chapter IV

IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Circular takes effect from November 1, 2021.

2. Abolish Circular No. 83/2015/TT-BGTVT dated December 30, 2015, issued by the Minister of Transport on the organization and operation of inland waterway transport offices.

Article 10. Transitional Provisions

For ports and wharfs within the port water area where the Inland Waterway Port Authorities are currently performing specialized management functions, they will continue to perform such functions until December 31, 2023. From January 1, 2024, the specialized management functions at ports, wharfs, and anchorage areas within the port water area shall be implemented according to the provisions of Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government on the management of inland waterway transport operations, the provisions of this Circular, and relevant laws.

Article 11. Responsibility for Implementation

1. The Vietnam Inland Waterways Administration shall be responsible for monitoring and inspecting the implementation of this Circular.

2. The Heads of the Ministry's Office, the Inspectorate, the Department Directors, the Director General of the Vietnam Inland Waterway Administration, the Director General of the Vietnam Maritime Administration, the Department Directors, the heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.