Decree No. 21/2005/ND-CP On detailing the implementation of certain provisions of the Law on Inland Waterway Traffic

DECREE OF THE GOVERNMENT

Implementing detailed provisions of certain articles of
Law on Inland Waterway Traffic

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

At the proposal of the Minister of Transport,

DECREE:

Article 1. Scope of application

This Decree provides detailed implementation of certain provisions of the Law on Inland Waterway Traffic concerning the scope of channel protection zones; safety conditions for vessels required to be registered but not subject to inspection; conditions for new construction, conversion, repair and restoration of inland waterway vessels; responsibility for adequately staffing crew members for vessel owners; conditions for operating cargo handling and passenger service businesses; coordination of activities among state management agencies at inland waterway ports and wharves receiving foreign waterway vessels; and conditions for operating inland waterway transport businesses.

Article 2. Applicability

This Decree applies to organizations and individuals involved in inland waterway traffic activities.

Where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, the provisions of such international treaties shall apply.

Article 3. Scope of the channel protection zone

1. The scope of the channel protection zone as stipulated in Clause 4, Article 16 of the Law on Inland Waterway Traffic is determined based on the technical grade of inland waterways and the following provisions:

a) For channels that are not adjacent to the shore, the maximum width of the channel protection zone does not exceed 25 meters, and the minimum width is not less than 10 meters from each side of the channel edge.

b) For channels adjacent to the shore, the width of the channel protection zone on the shore side is calculated from the natural shoreline inward a minimum of 5 meters; if the channel is within an urban area, town, or township, the width of the channel protection zone may be less than 5 meters, decided by the Chairman of the People's Committee of the province.

c) Where the scope of the channel protection zone coincides with the safety zone of roads or railways, the width of the channel protection zone is measured from the channel edge to the natural shoreline.

d) Where the scope of the channel protection zone coincides with the safety zone of road bridges or railway bridges, it shall be implemented according to the regulations on protecting the safety zone of bridges.

e) Where the scope of the channel protection zone coincides with the protection zone of flood and storm prevention works or dike protection works, it shall be implemented according to the laws on flood and storm prevention and the laws on dikes.

2. The natural shoreline as stipulated in Points b and c of Clause 1 of this Article is the intersection between the riverbank and the riverbed.

The natural shoreline is specifically determined by the traffic management agency in collaboration with the provincial water resources management agency based on the characteristics of each area.

3. The Minister of Transport shall specify the scope of the channel protection zone according to the technical grade of inland waterways, prescribe the marking of boundary markers, their specifications, and the protection of ground-level boundary markers within the scope of the channel protection zone.

Article 4. Safety Conditions for Vessels Required to Be Registered But Not Subject to Inspection

1. Vessels required to be registered but not subject to inspection are vessels without engines with a total gross weight from 1 ton to under 5 tons or with a capacity from 5 people to 12 people, or vessels with main engine power below 5 horsepower or with a capacity under 5 people.

2. The Minister of Transport shall stipulate the safety conditions for vessels specified in Clause 1 of this Article as a basis for registration, inspection, and supervision of vessel operations.

Article 5. Conditions for new construction, conversion, repair and restoration facilities for inland waterway vessels

The conditions for new construction, conversion, repair and restoration facilities for inland waterway vessels referred to in Clause 1 of Article 27 of the Law on Inland Waterway Traffic are stipulated as follows:

1. Having appropriate material resources and equipment; having production organization plans suitable for the type and size of vessels being produced.

2. Having a quality supervision and management department to ensure that products meet all standards regarding quality, technical safety, and environmental protection.

3. Having at least one technical staff member:

a) Graduated from a vocational college specializing in shipbuilding or higher for facilities engaged in new construction, conversion, repair and restoration of vessels with a carrying capacity up to 12 people, non-motorized vessels with a total load capacity up to 50 tons, motorized vessels with main engine power up to 50 horsepower;

b) Graduated from university specializing in shipbuilding or higher for facilities engaged in new construction, conversion, repair and restoration of vessels with a carrying capacity over 12 people, non-motorized vessels with a total load capacity over 50 tons, motorized vessels with main engine power over 50 horsepower.

4. Having fire prevention, firefighting, and pollution prevention plans approved by competent authorities or issued with certificates.

Article 6. Responsibility for assigning sufficient positions, staffing levels, and compiling crew lists for vessel owners

1. The owner of the vessel specified in Clause 1 of Article 29 of the Law on Inland Waterway Traffic is one of the following entities:

a) The owner of the vessel;

b) A person entrusted by the owner of the vessel to manage and use the vessel;

c) A person leasing the vessel without crew for transport operations;

d) The master of the vessel.

2. When the vessel operates on inland waterways, the owner must assign sufficient crew positions and staffing levels and compile a crew list in accordance with regulations.

Article 7. Conditions for operating cargo handling and passenger service businesses at inland waterway ports and wharfs

The conditions for operating cargo handling and passenger service businesses at inland waterway ports and wharfs referred to in Clause 3 of Article 69 of the Law on Inland Waterway Traffic are stipulated as follows:

1. Organizations and individuals registered to operate cargo handling and passenger services;

2. Ports and wharfs have been permitted to operate by competent authorities.

Article 8. Coordination of activities among state management agencies at ports and wharfs receiving foreign inland waterway vessels

1. Foreign inland waterway vessels are inland waterway vessels or sea-going ships registered by foreign authorities.

2. In coordinating activities among state management agencies at ports and wharfs receiving foreign inland waterway vessels, the Inland Waterway Port Authority shall be responsible for the following:

a) Taking the lead and directing the coordination of management activities among specialized state management agencies at ports and wharfs;

b) Organizing and leading meetings with other specialized state management agencies or related organizations and enterprises in the port area to resolve arising issues;

c) Requesting other specialized state management agencies at ports and wharfs to promptly report the results of procedures and measures to resolve arising issues; requesting port exploitation enterprises, vessel owners, masters of foreign inland waterway vessels, and other related organizations to provide necessary data and information;

d) Recommending the Chairman of the People's Committee of the province where the port or wharf is located to promptly resolve arising issues within their jurisdiction related to specialized state management at ports and wharfs.

3. Other specialized state management agencies at ports and wharfs shall be responsible for the following:

a) Cooperating closely to promptly and legally handle procedures related to foreign inland waterway vessels, cargo, passengers, and crew members when operating at ports and wharfs according to this Decree and relevant laws;

b) Promptly informing the Inland Waterway Port Authority of the results of procedures related to foreign inland waterway vessels, cargo, crew members, and passengers when operating at ports and wharfs;

c) After processing information provided by the Inland Waterway Port Authority or the owner of the foreign inland waterway vessel or in cases of arising issues, promptly informing the Inland Waterway Port Authority to coordinate in resolving them.

4. Inspection, examination, and supervision of foreign inland waterway vessels, cargo, passengers, crew members, and other subjects when operating at ports and wharfs receiving foreign inland waterway vessels shall be carried out in accordance with this Decree and relevant laws.

5. Foreign inland waterway vessels when arriving at and departing from ports and wharfs shall follow procedures prescribed by maritime law for ships arriving at and departing from seaports.

Article 9. Responsibilities of Ministries, ministerial-level agencies, and provincial People's Committees for the activities of specialized state management agencies at ports and wharfs receiving foreign inland waterway vessels

1. Ministries, ministerial-level agencies, and provincial People's Committees are responsible for guiding and directing the activities of subordinate specialized state management agencies to effectively coordinate state management activities at ports and wharfs receiving foreign inland waterway vessels.

2. Inspecting and auditing the activities of subordinate specialized state management agencies and strictly dealing with violations according to the law.

Article 10. Conditions for operating inland waterway transport

1. The conditions for operating inland waterway transport referred to in Clause 2, Article 77 of the Law on Inland Waterway Transport are stipulated as follows:

a) Organizations and individuals must have registered for inland waterway transport business;

b) Vessels must meet all operational requirements as prescribed by the Law on Inland Waterway Transport;

c) Crew members and vessel operators must hold appropriate professional certificates corresponding to their positions and be within the specified age limits.

2. In addition to the conditions set forth in Paragraph 1 of this Article, organizations and individuals engaged in passenger transport must also satisfy the following condition:

They must register with the competent state management agency for inland waterway transport regarding the vessel operation plan and schedule along fixed routes (for fixed route transport) or the area of operation (for non-fixed route transport).

3. For river-crossing passenger transport, in addition to the conditions stipulated in Paragraph 1 of this Article, passenger embarkation and disembarkation points must fully comply with safety requirements and be permitted to operate by the competent authority.

Article 11. Effectiveness

This Decree shall take effect fifteen days from the date of publication in the Official Gazette, replacing Government Decree No. 91/2001/NĐ-CP dated December 11, 2001 on conditions for conducting certain transportation industries and trades in inland waterway transport.

Article 12. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.