Decision No. 2046/QD-PC Issuing the Rules on Management of Inland Waterway Ports and Wharfs

Pursuant to …;

Issuing the Rules on Management of Inland Waterway Ports and Wharves

 ___________

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transport.

Pursuant to Decree No. 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety on inland waterways.

Considering the proposals of the Heads of the Legal Department and the Vietnam Inland Waterways Administration.

DECISION:

Article 1. The attached "Rules on Management of Inland Waterway Ports and Wharves" shall be promulgated together with this Decision.

Article 2. This Decision shall take effect from September 1, 1996 and replace Decision No. 672/QD-VT dated April 27, 1992 of the Ministry of Transport and Posts and Telecommunications promulgating the "Regulations on Management of Inland Waterway Ports and Wharves".

Article 3. The Vietnam Inland Waterways Administration's Director shall organize and guide the implementation of this Decision.

Article 4. The Heads of the Ministry's Office, the Departments and Advisory Boards of the Ministry; the Director of the Vietnam Inland Waterways Administration; the Heads of subordinate agencies under the Ministry; the Directors of Provincial Departments of Transport and Public Works; organizations and individuals operating inland waterway ports and wharves; owners and users of watercraft are responsible for implementing this Decision.

RULES

MANAGEMENT OF INLAND WATERWAY PORTS AND WHARVES

(Attached to Decision No. 2046 dated August 6, 1996)

PART I

GENERAL PROVISIONS

Article 1. These rules prescribe the management of inland waterway ports and wharves and the operation of watercraft to ensure traffic order and safety, and prevent environmental pollution in port and wharf waters.

Article 2. These rules apply to domestic and foreign organizations and individuals engaged in business and operation of inland waterway ports and wharves, including dedicated ports and wharves; domestic and foreign watercraft operating in port and wharf waters.

These rules do not apply to seaports and dedicated inland waterway ports and wharves of armed forces for security and defense purposes.

Article 3. An inland waterway port or wharf is a port or wharf on rivers, canals, lakes, coastal areas, and islands within the internal waters of the Socialist Republic of Vietnam opened primarily for the entry, exit, and operation of inland waterway vessels, cargo handling, or passenger embarkation and disembarkation.

Article 4. An inland waterway port or wharf may only operate after being officially announced open by the competent state management authority.

Article 5. Any violation of these rules shall be dealt with according to the law.

Article 6.

1. The inland waterway port administration is the specialized state management agency of inland waterway transport at inland waterway ports and wharves.

2. The inland waterway port administration operates under a budget system approved by the Minister of Transport in accordance with current regulations, has legal personality, maintains an account at the State Treasury, and possesses its own seal.

3. The inland waterway port administration has representatives stationed at inland waterway ports and wharves as prescribed.

4. The Director of the inland waterway port administration is responsible for organizing the implementation of specialized state management functions of inland waterway transport at inland waterway ports and wharves, serving as the head of the port administration and directing the agency under a chief executive system.

Article 7. The competent authority for announcing the opening, closing of inland waterway ports and wharves, and the announcement of port and wharf waters (hereinafter referred to as the competent authority) is specified as follows:

1. The Minister of Transport announces the opening and closing of inland waterway ports and wharves for foreign watercraft entering and exiting operations.

2. The Director of the Vietnam Inland Waterways Administration announces the opening and closing of inland waterway ports and wharves for Vietnamese sea vessels and inland waterway vessels operating on central and dedicated inland waterway routes.

3. The Director of the Provincial Department of Transport or Public Works announces the opening and closing of inland waterway ports and wharves for inland waterway vessels operating on provincial inland waterway routes.

Article 8. The activities of other specialized state management agencies at inland waterway ports and wharves are governed by separate regulations.

Article 9. In these rules, the following terms are understood as follows:

1. An inland waterway wharf is a semi-permanent construction facility utilizing natural terrain, providing safe conditions for watercraft to enter, exit, moor, and dock for cargo handling and passenger embarkation and disembarkation.

2. An inland waterway port is a permanent construction facility equipped with mechanical cargo handling equipment, warehouses, administrative areas, passenger waiting rooms, providing safe conditions for watercraft to enter, exit, moor, and dock for cargo handling and passenger embarkation and disembarkation.

3. The land area of an inland waterway port or wharf includes: piers, berths, yards, warehouses, workshops, administrative and service areas.

4. The water area of an inland waterway port or wharf includes: the water area before the pier, berth, anchorage area, and channel from the water area before the port or wharf to the vessel passage channel (if applicable).

5. A dedicated port or wharf is a facility for loading and unloading goods and materials for production lines without commercial cargo handling or passenger embarkation and disembarkation functions.

6. Watercraft include: inland waterway vessels, sea vessels, and foreign watercraft.

PART II

REGULATIONS ON THE OPENING, CLOSING, AND MANAGEMENT OF ACTIVITIES OF INLAND WATERWAY PORTS AND WHARVES.

Article 10. Domestic and foreign organizations and individuals wishing to open an inland waterway port or wharf must obtain permission from the competent transport authority. The procedures for opening an inland waterway port or wharf must comply with the provisions of these rules.

Article 11. Organizations and individuals engaged in business and operation of inland waterway ports and wharves must meet the following requirements:

1. Legally established and registered for business in accordance with the law.

2. The Director of the inland waterway port, the owner of the inland waterway wharf, and key managerial staff of the port and wharf must hold a degree in inland waterway transportation at least at the intermediate level. Special cases are decided by the competent authority.

Article 12.

1. Procedure for applying to open an inland waterway port:

a) Organizations and individuals wishing to open a port (hereinafter collectively referred to as the investor) submit a proposal along with a feasible project to the competent authority. Based on the development needs of the inland waterway port system of the transport sector, the competent authority responds to the investor in writing.

b) If accepted, the investor proceeds with the basic construction procedures in accordance with the law.

c) After completion, the investor submits to the competent authority a dossier including:

Completion dossier;

Acceptance and handover certificate of the works;

Other documents from relevant state management agencies;

2. Within no more than twenty days from the date of receiving all documents stipulated in Clause 1 of this Article, the competent authority shall examine and decide to announce.

Article 13.

1. Procedure for opening inland waterway wharf (excluding ferry wharfs with specific regulations).

a) The wharf owner sends an application to open an inland waterway wharf to the competent authority.

Based on the need to develop the system of ports and inland waterway wharfs, the competent authority shall consider and resolve.

b) If accepted, the wharf owner proceeds with other procedures as prescribed by law.

c) After completion, the wharf owner submits to the competent authority the following documents:

Acceptance and handover certificate of the wharf;

Other documents from relevant state management agencies.

2. Within no more than ten days from the date of receiving all documents stipulated in Clause 1, the competent authority responsible for opening the wharf shall examine and decide to announce.

Article 14. The expansion and upgrading of ports and inland waterway wharfs must also comply with the provisions of Articles 12 and 13 of these Regulations.

Article 15. In cases of division, merger, dissolution, or transfer of ownership of ports and inland waterway wharfs, at least ten days after completing the procedures as prescribed by law, the port and wharf owners must report to the competent authority to remove their names from the port and wharf directory and reannounce.

Article 16. During operation, if it is found that a port or inland waterway wharf does not ensure safety in cargo handling and passenger embarkation/disembarkation, the competent authority decides to temporarily or permanently suspend operations at such port or wharf.

Article 17.

1. The Vietnam Inland Waterways Administration shall specify the printing and issuance of sample port and wharf directories to be uniformly applied throughout the country. The establishment of port and wharf directories is announced by the Ministry of Transport and the Vietnam Inland Waterways Administration; the compilation and monitoring of port and wharf directories are conducted by the Department of Transport or the Department of Transport and Public Works and announced accordingly.

2. The Department of Transport, the Department of Transport and Public Works establishes port and wharf directories within their jurisdiction and periodically reports the activities of these ports and wharfs to the Vietnam Inland Waterways Administration.

CHAPTER III

TASKS, POWERS AND RELATIONSHIPS OF INLAND WATERWAY PORT SERVICES

Article 18. The inland waterway port services have the following tasks:

1. To guide, inspect, and supervise all organizations and individuals operating in the area of responsibility to ensure compliance with laws on traffic order and safety on inland waterways and environmental pollution prevention;

2. To specify anchorage areas for waterway vessels;

3. To inspect and process entry and exit formalities for vessels at ports and wharfs;

4. To inspect the safety of bridges, channels, buoys, and other related facilities in the area of responsibility, and promptly notify relevant authorities to handle them;

5. To organize search and rescue operations for people, goods, and vessels in the area of responsibility;

6. To monitor the exploitation and use of ports and wharfs to ensure compliance with legal regulations;

7. To inform vessels entering and exiting ports and wharfs about channel conditions during specified periods;

8. To regularly report the operational status of inland waterway port services to higher-level management authorities;

9. To manage and effectively utilize assets and operational funds provided by the State budget; to strictly adhere to financial and accounting systems and prepare annual financial plans and report them to superiors as prescribed.

Article 19. The inland waterway port services have the following powers:

1. To inspect certificates of vessels and professional qualifications or certificates of crew members;

2. To temporarily detain vessel documents due to non-compliance with safety conditions or outstanding debts or fines (if any);

3. To temporarily detain vessels upon request of authorized state agencies; the exercise of this power by inland waterway port services must comply with legal regulations and timely report to direct superiors;

4. To mobilize vessels, equipment, and personnel within the port and wharf area to participate in rescue operations and address environmental pollution incidents in emergencies;

5. To record and participate in concluding causes of accidents and incidents occurring in the area of responsibility, and require relevant parties to rectify the consequences within a specified time frame;

6. To request the director of ports and wharfs to temporarily halt operations when deemed necessary for safety reasons, and promptly report to direct superiors;

7. To collect fees, charges, and other payments as prescribed.

Article 20.

1. Units ensuring inland waterway traffic must regularly inform the port service director about technical parameters of channels and developments along the vessel routes.

2. The director or person in charge of the port or wharf has the responsibility to closely coordinate with the port service director regarding:

Bridge safety;

Maintaining cleanliness and protecting the environment;

Timely informing the port service director about the time and location of vessels entering and leaving the port or wharf;

Organizing rescue operations when accidents occur in the port or wharf waters;

3. The inland waterway port services shall cooperate with relevant state management agencies to monitor, inspect, and handle compliance with national laws.

PART IV

REGULATIONS ON THE ACTIVITIES OF WATERWAY VESSELS IN PORT AND WHARF WATERS

Article 21. All waterway vessels entering, exiting, or operating in port and wharf waters must obtain permission from the port service director and pay fees and charges as prescribed.

Article 22.

1. When processing entry formalities to the port or wharf, the master of the inland waterway vessel shall submit the following documents to the port service director:

a) Documents to be submitted:

Departure permit from the last port;

Technical safety certificate;

Transportation permit (if it is a commercial transport vessel);

Crew list;

b) Documents to be presented:

Registration certificate;

Professional qualification or certificate of the master and chief engineer as prescribed;

Documents related to cargo or passengers.

2. The port service agency shall return the documents specified in point a, Clause 1 when the vessel processes departure formalities from the port or wharf.

Article 23.

1. Prior to departing from the port or wharf, watercraft must complete procedures as prescribed.

2. The Director of the Inland Waterway Port Authority may only permit watercraft to depart from the port or wharf if such watercraft have met all safety conditions and completed all procedures required by law.

3. The Director of the Inland Waterway Port Authority shall not issue a departure permit from the port or wharf for watercraft in the following cases:

a) The watercraft does not meet safety conditions.

b) The watercraft carries cargo exceeding the permitted load capacity or exceeds the number of passengers allowed.

c) There is no captain or the captain's professional qualifications do not match the type of watercraft, or there is a shortage of certain positions necessary for safe operation.

d) The watercraft has not settled all outstanding payments.

e) The watercraft has been ordered to be detained by a competent state authority.

Article 24. When operating within inland waterway port or wharf waters, the captain must strictly comply with traffic regulations and the internal rules of the port or wharf.

Article 25. Organizations and individuals conducting surveys or construction projects within inland waterway port or wharf waters must obtain permission from the Director of the Inland Waterway Port Authority.

Article 26.

1. The Director of the Inland Waterway Port Authority is responsible for informing captains about storm, flood conditions, and necessary preventive measures.

2. Captains must comply with orders to avoid storms and floods issued by the Director of the Inland Waterway Port Authority.

Article 27. Persons and watercraft operating within inland waterway ports and wharfs have the responsibility to rescue people, watercraft, and goods in distress and to follow emergency rescue orders issued by the Director of the Inland Waterway Port Authority.

Article 28.

1. When a watercraft sinks in inland waterway port or wharf waters, after rescuing people and property, the captain must set up and maintain warning signals and promptly report to the Director of the Inland Waterway Port Authority.

The owner of the watercraft must organize salvage operations according to the time limit specified by the Director of the Inland Waterway Port Authority and can only proceed with salvage once safety measures for traffic have been implemented.

2. If a watercraft sinks in inland waterway port or wharf waters but the owner fails to salvage it or salvages it improperly as stipulated by the Director of the Inland Waterway Port Authority, the Inland Waterway Port Authority will organize the salvage; all costs will be borne by the owner of the watercraft.

Additionally, the owner of the watercraft will be subject to legal penalties as prescribed.

Article 29. While moored in inland waterway port or wharf waters, watercraft are strictly prohibited from:

1. Blowing horns indiscriminately.

2. Pumping out dirty water, oil compounds, or other toxic substances.

3. Dumping garbage or waste in unauthorized locations.

4. Cleaning chimneys.

5. Placing equipment, goods, or items on the wharf or pier without authorization.

Article 30.

1. Before loading or unloading cargo or boarding or disembarking passengers, the captain is responsible for thoroughly checking and preparing necessary labor protection and safety conditions.

2. During the process of loading or unloading cargo or boarding or disembarking passengers, if unsafe signs are detected, the captain or cargo handler must immediately halt work to address the situation.

Article 31.

1. All organizations and individuals operating within the scope of inland waterway ports and wharfs must comply with regulations concerning fire prevention and explosion control.

2. Loading, unloading, and storing flammable, explosive, and hazardous materials must be arranged in designated areas and carried out according to technical procedures for handling such materials. Piers for loading and unloading these materials must be at least 100 meters away from passenger piers, buildings, and warehouses.

3. In cases where infectious diseases are present among persons or animals aboard watercraft, the captain must report to the relevant authorities and transfer the affected individuals or animals to a separate area for quarantine treatment as prescribed.

Article 32.

Vietnamese sea vessels wishing to operate at inland waterway ports and wharfs must obtain permission from the Director of the Inland Waterway Port Authority and comply with the provisions of this Code.

Article 33.

1. Foreign watercraft used for cargo or passenger transport must apply to the Minister of Transport at least three days before the expected arrival at the location for picking up or dropping off pilots, and after obtaining permission, must notify the Director of the Inland Waterway Port Authority of the intended arrival at least twelve hours before the expected arrival at the pilot station.

2. The declaration must clearly state: name of the vessel owner; name of the vessel; nationality; call sign; place of registration; type of vessel; gross tonnage; draft; maximum length; highest non-retractable height; purpose of entering Vietnam; expected time and location of entry.

Article 34.

1. Foreign watercraft regardless of size and Vietnamese sea vessels with a total deadweight of 400 tons or more must stop at the pilot station upon arriving at inland waterway ports and wharfs and await instructions from the Director of the Inland Waterway Port Authority.

2. The Director of the Inland Waterway Port Authority is responsible for:

a) Designating anchorage positions for vessels in the port or wharf waters within two hours of receiving notification that the vessel has arrived at the pilot station.

b) Based on the type and size of the vessel, cargo type, and requests from the port or wharf directors, designating anchorage, berthing, unberthing, cargo handling, or related service positions for the vessel.

Article 35.

1. At least six hours before the vessel arrives at the pilot station, the captain of foreign watercraft or Vietnamese sea vessels with a total deadweight of 400 tons or more permitted to enter the port or wharf must notify the Inland Waterway Port Authority:

Name of the vessel, place of registration, nationality, call sign, and type of vessel.

Number of crew members.

Number of passengers on board (if any).

Last port of departure or call.

Maximum length, maximum width, and maximum non-retractable height.

Draft forward and aft.

Type and number of cranes on board.

Quantity, weight, nature of cargo, and other instructions regarding dangerous goods, oversized or overweight cargo on board.

Name of the insurer and place of issuance of the Certificate of Civil Liability Insurance of the vessel owner if the vessel is carrying oil, oil products, or other dangerous goods or passengers.

Health status of persons on board the vessel.

Time the vessel will arrive at the pilot station.

Article 36.

1. All foreign inland waterway vessels, regardless of size, and Vietnamese sea-going ships with a total tonnage of 400 T or more must have a pilot when entering or leaving inland waterway ports and wharves and must pay pilotage fees according to the prescribed tariff.

2. The captains of Vietnamese sea-going ships with a total tonnage under 400 T may also request a pilot if deemed necessary.

Article 37.

Foreign inland waterway vessels and Vietnamese sea-going ships entering or leaving inland waterway ports and wharves must have the documents specified in Appendix 01 attached to these Regulations.

CHAPTER V

IMPLEMENTING PROVISIONS

Article 38.

Inland waterway ports and wharves opened after the issuance date of these Regulations must comply strictly with the procedures, formalities, and conditions already stipulated before being announced for operation by the competent authority.

Article 39.

Based on actual circumstances, to fully implement the announcement of inland waterway ports and wharves established prior to the issuance date of these Regulations; the Director of the Vietnam Inland Waterways Administration is entrusted to guide implementation based on the following principles:

1. The continuation of operations for inland waterway ports and wharves meeting the following conditions:

a) Consistent with the port and wharf development plan of the transport sector.

b) Having written opinions (prior to the issuance date of these Regulations) from the Ministry of Transport, the Inland Waterways Administration, the Department of Transport, or the Department of Transport and Public Works in the economic and technical feasibility study for constructing the port or wharf.

c) Determining the port and wharf waters; placing buoys and signals to define boundaries with ship channels.

d) Safety conditions for bridges, wharves, and port waters as prescribed.

2. Inland waterway ports and wharves not meeting the conditions set forth in Clause 1, Article of this Regulation must be suspended from operation to reapply for port or wharf opening procedures or permanently discontinued.

ANNEX NO. 01

DOCUMENTS REQUIRED FOR PORT ENTRY AND EXIT PROCEDURES FOR FOREIGN INLAND WATERWAY VESSELS AND VIETNAMESE SEA-GOING SHIPS

A. WHEN HANDLING PORT ENTRY PROCEDURES, THE CAPTAIN MUST PREPARE THE FOLLOWING DOCUMENTS:

I. DOCUMENTS TO BE PRESENTED:

1. Permit issued by the Minister of Transport if it is a foreign inland waterway vessel requesting entry into an inland waterway port or wharf for cargo or passenger transportation.

2. Certificate of ship registration or nationality certificate of the ship.

3. International load line certificate; ship tonnage certificate; certificates regarding the ship's safety and pollution prevention capabilities, issued by the authorized inspection agency.

4. Radio station license.

5. International vaccination certificate of crew members and passengers if it is a foreign inland waterway vessel or a Vietnamese sea-going ship returning from abroad.

6. Rodent control certificate or exemption certificate.

7. Manifest of transit goods or temporarily imported goods for re-export; certificates of immunity related to such goods.

8. Crew member passports.

9. Passenger passports.

10. Certificates or qualifications of the master, chief engineer, radio operator, lifeboat driver, and other senior officers.

11. Certificate of civil liability insurance of the ship owner if the ship is transporting oil, petroleum products, or other dangerous goods, or passengers.

12. Currency declaration form or Seaman's Baggage Book if it is a foreign inland waterway vessel or a Vietnamese sea-going ship returning from abroad.

13. Certificate of waste treatment equipment.

II. DOCUMENTS TO BE SUBMITTED:

1. Copy of the last port clearance permit 01 copy

2. Immunity certificates 01 copy

3. Exemption certificate for cargo disinfection 01 copy

4. Arrival manifest 02 copies (according to the model)

5. Health declaration 02 copies (according to the model)

6. Personal baggage manifest 01 copy (according to the model)

7. Cargo layout and cargo manifest 05 copies (according to the model)

8. Dangerous cargo manifest 05 copies (according to the model)

9. Declaration on equipment and tools used during the ship's stay at the port or wharf 05 copies (according to the model)

10. Declaration on ship stores 05 copies (according to the model)

11. Animal or plant quarantine declaration 01 copy (according to the model)

12. Crew list 05 copies (according to the model)

13. Passenger or other persons on board list 05 copies (according to the model)

14. Declaration on ship food and supplies 01 copy (according to the model)

15. Application for shore leave of crew members and passengers 01 copy (according to the model)

B. WHEN HANDLING PORT EXIT PROCEDURES, THE CAPTAIN MUST PREPARE THE FOLLOWING DOCUMENTS:

I. DOCUMENTS TO BE PRESENTED:

1. Payment receipts or other evidence sufficient to prove that the ship has settled all debts related and truly meets the necessary voyage safety conditions.

2. Crew member passports: (for passenger-carrying vessels, passenger passports are also required) if it is a foreign inland waterway vessel or a Vietnamese sea-going ship going abroad.

3. Professional certificates of the master, chief engineer, radio operator, lifeboat driver, and other senior officers.

II. DOCUMENTS TO BE SUBMITTED:

1. Various permits issued by the Inland Waterway Port Authority or other specialized state management agencies operating at the port or wharf during the ship's stay (to be retrieved).

2. Departure manifest 02 copies (according to the model)

3. Cargo manifest on board 03 copies (according to the model)

4. Personal baggage manifest 01 copy (according to the model)

5. Crew list 05 copies (according to the model)

6. Passenger list 05 copies (according to the model). At least 06 hours before the ship leaves the port or wharf, the captain must submit the "Departure Manifest" to the Inland Waterway Port Authority.