Decision No. 2047-QD/PC Issuing Regulations on Management and Issuance of Permits for the Use of Inland Waterway Areas

Pursuant to …;

Issuing regulations on management and issuance of permits for the use of inland waterway areas

Management and issuance of permits for the use of inland waterway areas

 ____________________

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 order and safety of inland waterway traffic.

At the proposal of the Director of the Legal Department and the Director of the Vietnam Inland Waterways Administration,

DECISION:

Article 1. Issued herewith with this Decision are "Regulations on Management and Issuance of Permits for the Use of Inland Waterway Areas".

Article 2. This Decision takes effect from September 1, 1996. It replaces the permit issuance regulation for river sections issued together with Decision No. 2309/QĐ-VT dated November 22, 1993. Permits for river sections already issued shall remain valid until their expiration date.

Article 3. The Director of the Vietnam Inland Waterways Administration is assigned to organize the implementation of this Decision.

Article 4. The Permanent Deputy Minister of Transport, Heads of relevant Departments, Director of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport and Public Works are responsible for implementing this Decision.

REGULATIONS

ON MANAGEMENT AND ISSUANCE OF PERMITS FOR THE USE OF INLAND WATERWAY AREAS

(Annexed to Decision No. 2047/QĐ-PC dated August 6, 1996)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1.

1. These regulations apply to organizations and individuals using inland waterway areas belonging to various sectors and economic components throughout the country.

2. The following works are not subject to these regulations:

a) Works serving national defense security purposes.

b) Permanent bridges;

c) Overhead power lines, communication lines; pipelines above and below the water surface;

d) Ferry terminals, ports, inland waterway terminals;

e) Riverbank protection embankments, flood control works affecting navigation channels.

Article 2.

1. An inland waterway area is a zone within the scope of protection of inland waterways defined by the competent inland waterway management authority for use.

2. The use of inland waterway areas must be permitted by the competent inland waterway management authority and must ensure the safety of inland waterway traffic.

Article 3. When the navigation channel changes ownership, the works must be relocated, reduced in size, or dismantled according to the requirements of the competent inland waterway management authority.

Article 4. Organizations and individuals granted permits to use inland waterway areas must pay fees as prescribed by the State.

II. PROCEDURES FOR ISSUING PERMITS FOR THE USE OF INLAND WATERWAY AREAS

Article 5. Documents for applying for permits to use inland waterway areas include:

1. For fishing vessels or sand, gravel, stone extraction by simple methods:

a) Application form for permit to use inland waterway areas (according to model).

b) Diagram of location and dimensions of the water area requested for use. The issuing authority is responsible for issuing the permit to the owner of the work within seven days from the date when the complete and valid application is received.

2. For construction projects extracting building materials by mechanical means.

a) Application form for permit to use inland waterway areas (according to model).

b) Plan showing the location and dimensions of the area requested for material extraction.

c) Extraction plan.

d) Business license (to be presented for verification).

e) Permit for extraction issued by the competent state management authority; If related to dyke management, opinions of the dyke management authority must be included.

The issuing authority is responsible for issuing the permit to the owner of the work within fifteen days from the date when the complete and valid application is received.

3. For temporary inland waterway terminals:

a) Application form for permit to use inland waterway areas (according to model).

b) Diagram of location and dimensions of the water area requested for use.

c) Business license (to be presented for verification).

The issuing authority is responsible for issuing the permit to the owner of the work within ten days from the date when the complete and valid application is received.

4. For dredging works in rivers affecting inland waterway traffic:

a) Application form for permit to use inland waterway areas (according to model).

b) Plan for dredging the riverbed.

c) Construction organization plan.

The issuing authority is responsible for issuing the permit to the owner of the work within seven days from the date when the complete and valid application is received.

5. For sports training, competitions, entertainment; training; market meetings:

a) Application form for permit to use inland waterway areas (according to model).

b) Diagram of location and dimensions requested for use.

c) Organization plan for activities on inland waterway areas.

The issuing authority is responsible for issuing the permit to the owner of the work within ten days from the date when the complete and valid application is received.

Article 6. The validity period of the permit shall not exceed twelve months.

III. AUTHORITY TO ISSUE PERMITS

Article 7. The Vietnam Inland Waterways Administration manages the issuance of permits for the use of inland waterway areas nationwide.

Article 8. The issuing authority for permits to use inland waterway areas is specified as follows:

1. Central River Sections manage the issuance of permits for the use of inland waterway areas within their jurisdiction.

2. Provincial Departments of Transport; Provincial Departments of Public Works issue permits for the use of inland waterway areas within their jurisdiction.

Article 9. The issuing authority for permits to use inland waterway areas is responsible for reporting the issuance of permits to the Vietnam Inland Waterways Administration quarterly from the third to the fifth day of the first month of each quarter, and annually from the third to the fifth day of January of the following year.

IV. HANDLING OF VIOLATIONS

Article 10. Any violation of these regulations will be handled according to the Administrative Violations Handling Ordinance and Chapter VII of Decree No. 40/CP dated July 5, 1996 of the Government on Ensuring Order and Safety of Inland Waterway Traffic.

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

APPLICATION FOR PERMIT TO USE INLAND WATERWAY AREAS

*****

Respectfully submitted to:...

1. Name:

2. Address:

3. Business License number...date...

Issued by...

Applying for a permit to use inland waterway areas.

4. Purpose of use:...

5. On river (canal):...

6. Location:...

7. Dimensions:...

8. Time requested for use:...

From date...to date...

I hereby commit to fully comply with the contents stipulated in the permit and current laws on inland waterway traffic.

9. Attached documents

- Date...month...year...

- (Signature - full name)

-

10. Certification of People's Committee of commune, ward

(Location of the project)

GUIDELINES FOR WRITING APPLICATIONS FOR PERMITS

1. Name: Individual: Full name of the project owner as recorded in the permanent residence registration.

Organization: Name of the organization.

2. Address: Individual: As recorded in the household registration book.

Organization: Place where the organization has its main office.

3. Business License: (if applicable).

4. Purpose of use: For what purpose.

5. Name of river (canal): Record the name of the river, lake, or canal for which the water area usage is requested.

6. Location: Name of village, commune, and kilometer mark on the river where the project is located.

7. Size: Record the size of the water area to be used, as determined on a map or diagram with markers and place names to identify the location and size of the water area to be licensed.

8. Requested Usage Period: Depending on the usage requirements, request the license period accordingly.

9. Attached Documents: List the names of the documents in the file as prescribed in Article 5.

10. Certificate from the People's Committee of Commune/Township (where the project is located):

Individual: The certificate from the People's Committee of Commune/Township where the project is located confirming the application for the placement of the project.

Organization: Signed by the leader and stamped.

Note: If it is the Department of Transport that grants permission instead of the Directorate...and Section...by the Provincial People's Committee...Department of Transport...

FORM AND STYLE

SAMPLE WATER AREA USAGE LICENSE FOR INLAND WATERWAY

Paper size: 14 x 18 cm. White hard paper.

At the left corner, there is a diagonal blue band 0.8 cm wide.

Text: "Water Area Usage License for Inland Waterway" in the same color as the blue band (blue).

All other characters (including those on the back side) are black.

Sizes of various types of characters are as follows:

License: Character height: 8 mm

Water Area Usage for Inland Waterway: 5 mm

Number: 2.5 mm

Vietnam Inland Waterway Administration: 3 mm

Name of issuing authority: 2.5 mm

Characters in the license: lowercase letters.