Circular No. 18/2025/TT-BXD on the organization and operation of Maritime Port Control Units and Inland Waterway Port Control Units

CIRCULAR

Regulations on the organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control.
Pursuant to the Vietnam Maritime Code dated November 25, 2015;

                      

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding the handling of certain issues related to the restructuring of state administrative apparatus;

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;

On the basis of Pursuant to Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing some provisions of the Vietnam Maritime Code on maritime activity management; Decree No. 34/2025/NĐ-CP dated February 25, 2025 of the Government amending and supplementing some articles of decrees in the maritime sector;

Decree No. 54/2022/NĐ-CP dated August 22, 2022 of the Government amending and supplementing some articles of Decree No. 78/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating seafarer training services and inland waterway vessel operators' training services and Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government on inland waterway transport management; Decree No. 06/2024/NĐ-CP dated January 25, 2024 of the Government amending and supplementing some articles of Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government on inland waterway transport management;

Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government, stipulating the management of inland waterway traffic activities; At the proposal of the Director of the Personnel and Organization Department and the Director of the Vietnam Marine and Inland Waterway Administration;

Pursuant to Decree No. 33/2025/NĐ-CP dated February 25, 2025 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

The Minister of Construction hereby promulgates this Circular on the organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control.

1. This Circular stipulates the organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control.

Article 2. Principles of organization and operation

1. The organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control shall comply with the provisions of the Vietnam Maritime Code, the Law on Inland Waterway Transport, this Circular, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

2. Port Control for Maritime Transport, Inland Waterway Port Control under the Vietnam Marine and Inland Waterway Administration shall perform state management tasks for maritime and inland waterway transport at one or more assigned sea ports, ports, inland waterway wharfs, anchorage areas, and managed regions.

3. Inland Waterway Port Control under the Construction Department (hereinafter referred to collectively as Port Control under the Department) shall perform state management tasks for inland waterway transport at assigned ports, inland waterway wharfs, anchorage areas, and managed regions in the locality, subject to the direct leadership of the Director of the Construction Department.

POSITION, FUNCTIONS, DUTIES, POWERS AND SCOPE OF MANAGEMENT

Chapter II
1. Port Control for Maritime Transport under the Vietnam Marine and Inland Waterway Administration is an administrative body equivalent to a branch office, performing the function of state management for maritime and inland waterway transport at assigned sea ports, ports, inland waterway wharfs, anchorage areas, and managed regions, subject to the direct leadership of the Director of the Vietnam Marine and Inland Waterway Administration.
2. Port Control under the Department is an agency performing the specialized function of state management for inland waterway transport at assigned ports, inland waterway wharfs, anchorage areas, and managed regions in the locality, subject to the direct leadership of the Director of the Construction Department.

Article 3. Position and Functions

3. Port Control for Maritime Transport has legal personality, its own headquarters, uses its own seal, and opens accounts at the State Treasury and credit institutions according to regulations.

4. Port Control for Maritime Transport has the English name of Maritime Administration of... (place name).

5. Inland Waterway Port Control under the Vietnam Marine and Inland Waterway Administration has the English name of Inland Waterways Administration (region + Roman numeral).

6. Port Control under the Department has the English name of Inland Waterways Administration of ... (province/city name).

5. The Inland Waterways Administration (region + Roman numeral) is the name in English for the branch of the Vietnam Maritime and Inland Waterways Administration under the Directorate General of Maritime and Inland Waterways.

6. The branch under the Department has the name in English of Inland Waterways Administration of … (province or city name).

Article 4. Scope of Management

1. The scope of management of the Maritime Port Control includes the port waters and the managed areas assigned according to the regulations of the Minister of Construction.

2. The scope of management of the Inland Waterway Port Control under the Vietnam Maritime Administration and Inland Waterways Department and the Port Control under the Provincial Department includes one or more of the following components:

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

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

c) Ports, inland waterway wharfs, anchorage areas located in the overlapping area between national inland waterways and local inland waterways;

d) Ports, inland waterway wharfs, anchorage areas on local inland waterways;

đ) Ports, inland waterway wharfs, anchorage areas on dedicated inland waterways connected to local inland waterways;

e) Channels, routes, and managed areas assigned by the competent authority.

3. The Minister of Construction or the People's Committee of the province (when authorized) decides to announce the scope of management of each port control specified in Clause 2 of this Article.

Article 5. Tasks and Authorities of the Maritime Port Control, Inland Waterway Port Control under the Vietnam Maritime Administration and Inland Waterways Department

1. Regarding the establishment and implementation of regulatory documents, strategies, plans, programs, projects, and proposals

a) Participate in drafting regulatory documents on maritime affairs and inland waterways;

b) Participate in drafting strategies, plans for the long term, medium term, and annually, national programs, projects, development proposals within the specialized fields of maritime affairs and inland waterways;

c) Participate in drafting or propose the Vietnam Maritime Administration and Inland Waterways Department to draft, and recommend competent authorities to promulgate national standards, issue national technical regulations, and economic-technical norms in the specialized fields of maritime affairs and inland waterways;

d) Promote, disseminate, and organize the implementation of relevant regulations concerning maritime affairs and inland waterways, international treaties on maritime affairs and inland waterways that the Socialist Republic of Vietnam is a member; specialized strategies, plans, programs, projects, proposals, standards, technical regulations, and economic-technical norms in the fields of maritime affairs and inland waterways issued, announced, or approved by competent authorities.

2. Regarding the management of maritime activities, inland waterway activities, and assigned managed areas:

a) Organize the implementation of regulations on managing maritime activities and inland waterway activities; inspect and supervise maritime activities and inland waterway activities of organizations and individuals within the scope of management;

b) Issue permits, monitor vessels and inland waterway craft entering, leaving, and operating at sea ports, ports, inland waterway wharfs, anchorage areas, and managed areas according to regulations; not allow vessels and inland waterway craft to enter, leave, or operate at sea ports, ports, inland waterway wharfs, anchorage areas, and managed areas when they do not meet the conditions for safety, security, labor, fire prevention, and environmental protection according to Vietnamese laws and international treaties that the Socialist Republic of Vietnam is a member, or when the ports, wharfs, and anchorage areas do not meet operational conditions according to the law;

c) Confirm maritime protest actions according to the law; implement decisions to arrest ships, release ships being detained by competent authorities, and temporarily detain ships according to regulations;

d) Organize coordination of activities among related state management agencies;

đ) Coordinate with specialized state management agencies at sea ports and inland waterway ports receiving foreign watercraft, relevant agencies, local authorities, and port enterprises in managing and protecting security and order at sea ports and inland waterway ports receiving foreign watercraft;

e) Organize inspections and supervision of the implementation of port planning, wharf planning, anchorage area planning within the scope of management according to regulations;

g) Inspect business conditions of port exploitation according to regulations;

h) Announce maritime notices according to regulations, announce traffic restrictions in port waters, wharf waters, anchorage areas; agree on dredging activities in port waters, wharf waters, anchorage areas according to regulations;

i) Implement channel and route management tasks assigned by competent authorities according to regulations; announce the status of channels and routes to vessels, ships, seaplanes, foreign watercraft;

3. Regarding transportation

a) Manage marine transportation according to regulations;

b) Inspect container safety at sea ports within the managed area; inspect and supervise the implementation of confirmation of total weight of marine container transport according to regulations;

c) Control vessel loading; speed of vessels and inland waterway craft at sea ports, ports, wharfs, anchorage areas;

d) Supervise maritime service prices according to regulations;

đ) Inspect cargo handling from vessels and inland waterway craft onto sea ports, ports, wharfs, anchorage areas, and from sea ports, ports, wharfs, anchorage areas onto vessels and inland waterway craft or between vessels and inland waterway craft within port waters, wharfs, anchorage areas.

4. Regarding maritime safety and security, fire prevention, and environmental protection:

a) Chair and coordinate with other specialized state management agencies at seaports and inland waterway ports to receive foreign vessels in approving the security assessment of seaports and issuing the Security Assessment Approval Certificate; guide enterprises in assessing the security of seaports and inland waterway ports to receive foreign vessels; inspect and supervise the implementation of security plans for seaports and inland waterway ports to receive foreign vessels that have been approved; review files and report on the review results for the Vietnam Maritime Administration and Inland Waterways to approve security assessments, security plans, and issue certificates of security compliance for inland waterway ports receiving foreign vessels, and confirm annually the certificate of security compliance for inland waterway ports;

b) Conduct state inspection of seaports for foreign ships, safety inspections for Vietnamese ships and inland waterway vessels operating within seaport waters and managed areas;

c) Inspect the implementation of legal regulations within seaports, ports, inland waterway wharfs, anchorage areas regarding: safety, security, and environmental protection for ships and inland waterway vessels; certificates of professional capability, professional certificates of crew members and vessel operators, and crew lists; cargo handling equipment certificates, certificates of equipment operators according to regulations;

d) Investigate and handle within their jurisdiction maritime accidents, maritime labor accidents occurring outside seaport waters and managed areas when authorized by competent authorities according to regulations; participate in establishing records and concluding causes of accidents and incidents occurring within seaport waters, inland waterway wharfs, and anchorage areas; require relevant parties to rectify the consequences of accidents and incidents;

e) Approve and organize supervision of the implementation of maritime safety assurance plans according to regulations; approve plans for ensuring safe navigation for repair, renovation, upgrading activities, and other activities within the managed area;

f) Participate in opinions on granting aquaculture permits according to regulations;

g) Implement the handling of sunken assets according to regulations;

h) Approve the establishment of maritime signals; inspect and supervise channels, maritime signal systems, and other maritime support systems;

i) Develop and implement plans for preventing and combating natural disasters; chair and coordinate maritime traffic operations at seaports and managed areas, and chair or coordinate search and rescue operations in seaport waters according to their authority and legal provisions; mobilize people and necessary means to carry out disaster prevention and rescue or environmental pollution incident response as required by competent authorities;

j) Guide, inspect, and supervise compliance with environmental protection regulations in maritime and inland waterway transportation activities according to regulations;

k) Carry out tasks related to the oil spill response regime, inspect and supervise the implementation of oil spill response plans at seaports, ports, inland waterway wharfs, anchorage areas, and managed areas, ships, and inland waterway vessels according to regulations;

l) Carry out tasks related to fire prevention and explosion control for ships and inland waterway vessels operating within the managed area according to regulations;

m) Participate in building and implementing tasks according to green port, green ship development programs, greenhouse gas emission reduction programs, green energy transition, and efficient energy use;

5. Regarding the management of maritime works, inland waterway works, and other works within the managed area:

a) Manage and maintain the infrastructure assets assigned to manage according to legal regulations;

b) Inspect and supervise the implementation of construction, operation, maintenance, and protection of maritime works, inland waterway works, and other works affecting maritime and inland waterway activities according to legal regulations;

c) Inspect safety conditions for ports, wharfs, anchorage areas, dedicated channels to ports and wharfs, signals, and other related works during operation within the managed area;

d) Organize the clearance of illegal obstructions on channels and channel protection zones according to legal regulations;

e) Organize the implementation, inspect, and supervise work to regulate and control traffic safety, prevent drifting on inland waterways according to regulations;

6. Organize the registration of ships, crew member registration, and issuance of related documents for ships and crew members according to regulations;

7. Receive citizens, resolve complaints, denunciations, reflections, and suggestions from organizations and citizens; prevent and combat corruption, wastefulness, and promote thrift; impose administrative penalties and organize the implementation of administrative penalty decisions according to their authority;

8. Update information on seaports, ports, inland waterway wharfs, anchorage areas, ships, inland waterway vessels, goods, passengers, and administrative penalties into the database according to regulations;

9. Organize the implementation of administrative reform programs and plans of the unit according to the objectives and content of the state administrative reform program according to regulations;

10. Manage the organizational structure, staffing, civil servants, officials, and employees according to legal regulations;

11. Implement declarations, collection, management, and use of maritime and inland waterway fees and charges according to legal regulations; be allowed to use funds from the state budget according to regulations; manage financial resources and assets assigned according to legal regulations;

12. Directly contact domestic and foreign organizations and individuals related to the performance of functions, tasks, and powers delegated according to legal regulations;

13. Implement statistical reporting systems according to regulations.

翻译第1行至第29行的内容，这部分内容主要描述了港口办事处的职责、权限、组织结构和领导层的规定。

翻译第30行至第32行的内容，这部分内容列出了相关的法规文件。

1. Carry out tasks in the field of inland waterway transport as stipulated in Article 5 of this Circular within its jurisdiction.

2. Not carry out tasks in the maritime field.

Chapter III
ORGANIZATION OF THE PORT OFFICE FOR MARITIME AND INLAND WATERWAY
TRANSPORT

Article 7. Authority to Establish, Reorganize, and Dissolve the Port Office for Maritime and Inland Waterway Transport

1. The Minister of Construction decides to establish, reorganize, and dissolve the Port Office for Maritime and Inland Waterway Transport under the Vietnam Maritime and Inland Waterway Administration upon the proposal of the Director of the Vietnam Maritime and Inland Waterway Administration.

2. The People's Committee of the province or centrally governed city decides to establish, reorganize, and dissolve the Port Office under the Department in accordance with the regulations.

Article 8. Organizational Structure of the Port Office for Maritime and Inland Waterway Transport under the Vietnam Maritime and Inland Waterway Administration

1. Specialized Departments of the Port Office for Maritime Transport

通函生效及其他规定（第19-22条）

b) Financial and Accounting Department;

c) Infrastructure Management Department;

d) Vessel Procedures Department (at the Port Offices for Maritime Transport: Quang Ninh, Hai Phong, Ho Chi Minh City);

đ) Safety and Security Department for Maritime Transport;

e) Maritime Traffic Coordination Department (at the Port Offices for Maritime Transport: Hai Phong, Ho Chi Minh City).

2. Specialized Departments of the Port Office for Inland Waterway Transport

通函生效及其他规定（第19-22条）

b) Financial and Accounting Department;

d) Infrastructure Management Department.”

d) Infrastructure Management Department.

3. In cases where the number of specialized departments of the Port Office for Maritime Transport and the Port Office for Inland Waterway Transport under the Vietnam Maritime and Inland Waterway Administration is less than the number of specialized departments prescribed in Clause 1 and Clause 2 of this Article, the Director of the Vietnam Maritime and Inland Waterway Administration shall submit to the Minister of Construction for consideration and decision.

4. Representative of the Port Office for Maritime Transport and the Port Office for Inland Waterway Transport (collectively referred to as the Port Office Representative)

a) The Port Office Representative is an equivalent department-level organization under the branch office, which uses seals in accordance with the regulations. The establishment, reorganization, and dissolution of the Port Office Representative are carried out in accordance with the regulations.

b) The Port Office for Maritime Transport and the Port Office for Inland Waterway Transport may have one or more Port Office Representatives. Each Port Office Representative may have one or more offices.

5. The Director of the Port Office for Maritime Transport and the Port Office for Inland Waterway Transport shall define the functions, tasks, and powers of the specialized departments; define the functions, tasks, powers, and scope of management of the Port Office Representative in accordance with the regulations.

Article 9. Leadership of the Port Office for Maritime Transport and the Port Office for Inland Waterway Transport

1. The Port Office for Maritime Transport and the Port Office for Inland Waterway Transport under the Vietnam Maritime and Inland Waterway Administration:

a) The Port Office for Maritime Transport and the Port Office for Inland Waterway Transport has a Director who is the head, responsible before the Director of the Vietnam Maritime and Inland Waterway Administration and the law for all activities of the Port Office. The Deputy Directors assist the Director and are responsible before the Director and the law for the tasks assigned by the Director;

b) The Director of the Port Office for Maritime Transport and the Director of the Port Office for Inland Waterway Transport are appointed and relieved of duty by the Director of the Vietnam Maritime and Inland Waterway Administration. The Deputy Directors of the Port Office for Maritime Transport and the Deputy Directors of the Port Office for Inland Waterway Transport are appointed and relieved of duty by the Director of the Vietnam Maritime and Inland Waterway Administration upon the recommendation of the Director of the Port Office;

c) The appointment and relief from duty of other positions within the Port Office for Maritime Transport and the Port Office for Inland Waterway Transport: the position of Head of Department, Deputy Head of Department, Head of Representative, Deputy Head of Representative are appointed and relieved of duty by the Director of the Port Office.

2. The Port Office for Inland Waterway Transport under the Department: the appointment and relief from duty of leadership and management positions within the Port Office under the Department are implemented according to the分级任务如下：

Chapter IV
EFFECTIVE DATE

Article 10. Effective Date

2. The Chief of General Staff, heads of agencies and units, and related individuals are responsible for implementing this Circular./.

2. Repealing the following Circulars:

Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, stipulates the organization and operation of the Inland Waterway Port Office;

Circular No. 61/2024/TT-BGTVT dated December 19, 2024, issued by the Minister of Transport, amends and supplements some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, regarding the organization and operation of the Inland Waterway Port Office;

Circular No. 19/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, stipulates the organization and operation of the Port Office for Maritime Transport;

Circular No. 03/2025/TT-BGTVT dated January 9, 2025, issued by the Minister of Transport, amends and supplements some articles of Circular No. 19/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport, regarding the organization and operation of the Port Office for Maritime Transport./.