Circular No. 19/2021/TT-BGTVT on the organization and operation of Maritime Port Control Units

CIRCULAR

Provisions on the organization and operation of Marine Port Control Units

_________________

Pursuant to the Maritime Code of Vietnam Hof Vietnam dated November 25June 2024;59/2015/ND-CP dated June 18, 2015 of the Government on project management for construction investment;

On the basis of Decree No. 12/2017/NĐ-CP dated 10 the 02 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Ngân hàng Nhà nước Việt Nam;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ quDefines the functions, tasks, powers, and organizational structure, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP of the Ministry of Transport;

At the proposal of the Director of the Department of Transport Policy118/2025/NĐ-CP dated June 09, 2025 of the Government on implementing administrative procedures under the one-stop shop mechanism at the One-Stop Service Center and the National Public Service Portal;organizationsJune 2024;and the Director of the Vietnam Maritime Administration;

This Circular applies to:soldiersThe Minister of Transport issued the Circular stipulating the organization and operation of Marine Port Control Units.

PART I

GENERAL PROVISIONS

Article 1. Scopeamends and supplementsand comes into effectinvalidshall apply

Article 1. This Circular stipulates the organization and operation of Marine Port Control Units.

Article 2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of Marine Port Control Units.

3. Amend Clause 3 Article 2 as follows:iArticle 2. Principles of organization and operation

Clause 1. A Marine Port Control Unit performs state management tasks for maritime activities at one or more seaports and the assigned management area.

Clause 2. The Minister of Transport decides to establish, reorganize, or dissolve Marine Port Control Units based on the proposal of the Director of the Vietnam Maritime Administration.

Clause 3. The organization and operation of Marine Port Control Units must comply with the provisions of the Vietnam Maritime Code, this Circular, other relevant laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter II

FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

Article 3. Position and Functions

Clause 1. A Marine Port Control Unit is a subordinate agency under the Vietnam Maritime Administration, performing state management tasks for maritime activities at seaports and the assigned management area.

Clause 2. A Marine Port Control Unit has legal personality, has its own office, uses its own seal, and opens accounts at the State Treasury.

Clause 3. A Marine Port Control Unit has the English name of Maritime Administration of... (the main location's name).

Article 4. Tasks and Powers

Point 1. Regarding the development and implementation of normative legal documents, strategies, plans, programs, projects, and proposals:

Subpoint a) Participate in developing draft laws, ordinances, and normative legal documents concerning maritime affairs;

Subpoint b) Participate in developing long-term, medium-term, and annual strategies, plans, national programs, and development proposals within the maritime sector;

Subpoint c) Propose or assist the Vietnam Maritime Administration in proposing the competent authority to issue national technical standards and economic-technical norms specific to the maritime sector;

Subpoint d) Promote, disseminate, and implement current regulations related to the maritime sector, strategies, plans, programs, projects, proposals, technical standards, and economic-technical norms specific to the maritime sector issued, announced, or approved by the competent authority.

Point 2. Regarding the management of maritime activities at seaports and the assigned management area:

Subpoint a) Implement regulations on managing maritime activities at seaports and the assigned management area; inspect and supervise maritime activities of organizations and individuals at seaports and the assigned management area;

Subpoint b) Issue permits, monitor vessels entering, leaving, and operating at seaports and the assigned management area; prohibit vessels from entering or leaving seaports and the assigned management area if they do not meet safety, security, labor, fire prevention, and environmental protection requirements according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party;

Subpoint c) Confirm maritime protest submissions; execute decisions to arrest or release arrested vessels made by competent authorities and temporarily detain vessels as prescribed;

Subpoint d) Organize coordination between specialized state management agencies at seaports;

Subpoint đ) Coordinate with specialized state management agencies at seaports, relevant agencies, local authorities, and port enterprises in managing and protecting security and order at seaports;

Subpoint e) Inspect and supervise the implementation of port planning in the assigned management area as prescribed;

Subpoint g) Approve ship dismantling plans in the assigned management area; lead and coordinate with relevant agencies to inspect and supervise the implementation of dismantling plans for each vessel as prescribed by law.

Point 3. Regarding marine transport and maritime services:

Subpoint a) Manage marine transport and inland waterway routes from shore to islands and between islands as assigned;

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;

Subpoint c) Monitor cargo capacity and speed of vessels at seaports;

Subpoint d) Supervise maritime service prices as prescribed.

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

Subpoint a) Lead and coordinate with other specialized state management agencies at seaports and relevant agencies in approving port security assessments and issuing certificates of approval for port security assessments; guide port enterprises in conducting port security assessments; inspect and supervise the implementation of approved port security plans;

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;

Subpoint c) Investigate and handle maritime accidents and maritime labor accidents at seaports and the assigned management area as prescribed;

Subpoint d) Approve and organize supervision over the implementation of maritime safety assurance plans and traffic safety assurance plans in port waters as prescribed;

Subpoint đ) Approve and organize the installation of buoys, fishing, and aquaculture activities in assigned port waters as prescribed;

Subpoint e) Implement disaster prevention and response work in the maritime sector as prescribed;

Subpoint g) Announce maritime notices and handle sunken assets as prescribed;

Subpoint h) Inspect and supervise maritime channels, maritime signaling systems, and other maritime support systems;

Subpoint i) Lead and coordinate maritime traffic operations at seaports and the assigned management area and organize search and rescue operations in port waters; mobilize people and necessary means to carry out search and rescue operations or handle environmental pollution incidents;

Subpoint k) Organize guidance, inspection, and supervision of compliance with environmental protection regulations in maritime activities at seaports and the assigned management area;

Subpoint l) Carry out related tasks in the operational procedures for responding to oil spills at seaports and the assigned management area as prescribed;

m) Perform tasks related to fire prevention and control for vessels operating at seaports and managed areas as prescribed.

5. On management of maritime works and other structures within seaport waters:

a) Manage and maintain infrastructure assets under its jurisdiction in accordance with the law;

b) Organize inspections and supervision of construction, operation, maintenance, and protection of maritime works and other structures within seaport waters.

6. Organize the registration of ships, registration of seafarers, and issuance of relevant documents for ships and seafarers upon assignment by competent authorities.

7. Organize maritime inspection; handle complaints and denunciations; prevent corruption; impose administrative penalties and implement decisions on administrative penalties according to their authority.

8. Implement programs and plans for administrative reform of the unit in accordance with the objectives and content of the State administrative reform program of the Vietnam Maritime Administration.

9. Manage organizational structure, staffing, civil servants, officials, and employees in accordance with the law.

10. Implement financial mechanisms as prescribed by competent state agencies; collect, remit, manage, and use maritime fees and charges as prescribed by the law; be allowed to use funds from maritime fee revenues, from the state budget, and other sources as prescribed by the law to fulfill assigned tasks; manage finances and assets as prescribed by the law.

11. Directly engage with domestic and foreign organizations and individuals related to the performance of assigned functions, tasks, and powers as prescribed by the law.

12. Implement statistical and reporting systems as prescribed.

13. Fulfill other tasks and powers assigned by competent authorities as prescribed by the law.

Article 5. Structure, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP LIMITATION

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 and Accounting Department;

c) Legal Affairs Department;

d) Vessel Procedures Department (at Marine Port Control Units: Quang Ninh, Hai Phong, Vung Tau, Ho Chi Minh City);

đ) Maritime Inspection Department;

e) Safety and Security Department;

g) Maritime Traffic Coordination Department (at Marine Port Control Units: Hai Phong, Ho Chi Minh City).

2. Marine Port Control Unit Representatives

Marine Port Control Unit Representatives perform specialized maritime administration tasks in seaport waters and managed areas assigned by the Marine Port Control Unit Director; they may use separate seals as prescribed.

The Vietnam Maritime Administration Director decides on the establishment, reorganization, or dissolution of Marine Port Control Unit Representatives based on proposals from the Marine Port Control Unit Director.

3. In cases where the number of departments in a Marine Port Control Unit is less than the number prescribed in Clause 1 of this Article, the Vietnam Maritime Administration Director decides on department restructuring to ensure compliance with functions, tasks, and legal provisions after obtaining approval from the Ministry of Transport.

4. The Marine Port Control Unit Director defines the functions, tasks, and powers of specialized technical departments; defines the functions, tasks, and scope of management of Marine Port Control Unit Representatives as prescribed.

Article 6. Leadership positions, management1. The Marine Port Control Unit has a Director who is the head, responsible before the Vietnam Maritime Administration Director and the law for all activities of the Marine Port Control Unit. Deputy Directors assist the Director and are responsible before the Director and the law for the tasks assigned by the Director.

2. The Marine Port Control Unit Director is appointed and relieved of duty by the Vietnam Maritime Administration Director. Deputy Marine Port Control Unit Directors are appointed and relieved of duty by the Vietnam Maritime Administration Director upon proposal by the Marine Port Control Unit Director.

3. Appointments and reliefs of other leadership and management positions in the Marine Port Control Unit are carried out according to the分级管理系统中各级领导和管理职位的权限分配。根据越南海事局各级领导和管理职位的权限分配进行任命和解除职务。

pursuant to the分级管理系统中各级领导和管理职位的权限分配。

Chapter III

IMPLEMENTATION

Article 7. Effective Date

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

2. Repeal Circular No. 31/2016/TT-BGTVT dated October 31, 2016 of the Minister of Transport on the organization and operation of Marine Port Control Units.

Article 8. Responsibility for Implementation

1. The Vietnam Maritime Administration Director is responsible for implementing this Circular.

2. The Heads of the Ministry's Office, the Inspectorate, the Departments, the Vietnam Maritime Administration, the Marine Port Control Unit Directors, the Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.