DECREE NO. 21/2012/ND-CP ON MANAGEMENT OF SEAPORTS AND NAVIGATIONAL CHANNELS

DECREE

Regarding the management of seaports and maritime channels

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

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on the management of seaports and maritime channels,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates investment in construction, operation of seaports and maritime channels, and management of maritime activities at seaports and within Vietnam's territorial waters.

2. Provisions of this Decree concerning maritime safety, maritime security, and environmental pollution prevention also apply to military ports, fishing ports, and inland waterway ports located within seaport waters.

Article 2. Applicability

1. This Decree applies to organizations, individuals, Vietnamese and foreign vessels, and specialized state management agencies related to investment in construction, operation of seaports and maritime channels, and management of maritime activities at seaports and within Vietnam's territorial waters.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall be applied.

Article 3. Application of Law

When operating at Vietnamese seaports and maritime channels, all organizations, individuals, Vietnamese and foreign vessels, and specialized state management agencies must comply with the provisions of this Decree, other relevant laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

Article 4. Definitions

In this Decree, the following terms are understood as follows:

1. A port terminal includes wharves, warehouses, yards, workshops, offices, service facilities, transportation systems, communication networks, electricity, water supply, access channels to the terminal, and other auxiliary structures.

2. A wharf is a fixed structure within a port terminal used for berthing ships, loading and unloading cargo, embarking and disembarking passengers, and providing other services.

3. An offshore oil and gas port facility is a structure built and installed for ships to enter and leave for loading and unloading cargo and providing other services in offshore oil and gas exploration areas.

4. Pilot station area is a designated and announced water area for vessels to anchor for picking up and dropping off pilots.

5. Quarantine zone is a limited part of the port water area established and announced for vessels to anchor for quarantine procedures as prescribed by law.

6. Turning basin is a limited part of the port water area established and announced for vessels to turn around.

7. Anchorage area is a limited part of the port water area established and announced for vessels to anchor while waiting to berth at a wharf, at an oil tanker, to enter a transshipment area, to pass through a channel, or to perform other related maritime services.

8. Transshipment area is a limited part of the port water area established and announced for vessels to anchor for cargo and passenger transshipment.

9. Shelter area is a limited part of the port water area established and announced for vessels to anchor during typhoons.

10. Water area includes pilot station area, quarantine zone, turning basin, anchorage area, transshipment area, and shelter area within the port water area.

11. Public maritime channel is a port channel invested in and managed for common use of the port.

12. Dedicated maritime channel is a branch port channel and other maritime channels invested in and managed for dedicated port operations.

13. Maritime notice is a document issued and published by the competent authority to provide information and guidance to mariners and related organizations and individuals to ensure maritime safety, maritime security, and environmental pollution prevention.

14. Maritime marking is equipment or structures, vessels used for maritime marking established and operated on water or land to guide mariners and related organizations and individuals in navigation and positioning of vessels.

15. Vessels include merchant ships, military ships, public service ships, fishing boats, inland waterway vessels, hydrofoils, and other watercraft.

16. Person handling procedures is the ship owner or manager, charterer, operator, captain, or authorized representative.

17. Inspection and confirmation document regarding the implementation of report contents and requirements of the decision approving the environmental impact assessment report is a document issued, approved, or confirmed by the competent authority according to environmental laws; for offshore drilling platforms, floating storage units, and other floating structures at offshore oil and gas ports, it is the relevant certificate (if any) issued by the classification society or authorized organization.

18. Fire prevention and control acceptance document is a document issued, approved, or confirmed by the competent authority according to fire prevention and control laws; for offshore drilling platforms, floating storage units, and other floating structures at offshore oil and gas ports, it is the relevant certificate (if any) issued by the classification society or authorized organization.

19. Port departure permit is a document issued or confirmed by the Marine Port Authority or the competent authority at the last port of departure.

20. Maritime works include seaports, port terminals, wharves, mooring buoys, water areas, maritime channels, maritime markings, lighthouses, coastal radio stations, and other auxiliary structures of seaports and maritime channels, constructed or established within seaport waters and Vietnam's territorial waters.

Article 5. Port Regulations

1. The Director of the Maritime Port Management shall promulgate "Port Regulations" based on the provisions of this Decree and the specific conditions of the port waters and the management area assigned to them, after approval by the Director General of the Vietnam Maritime Administration, with the aim of ensuring maritime safety, maritime security, and preventing environmental pollution in maritime activities.

2. Organizations, individuals, Vietnamese and foreign vessels operating within the port waters and the management area of the Maritime Port Management shall be responsible for complying with the "Port Regulations".

Article 6. Content of State Management over Ports and Shipping Channels

1. To develop and issue legal normative documents on the management of ports and shipping channels; technical standards, economic and technical norms related to the management, exploitation, maintenance, upkeep, protection of ports and shipping channels.

2. To develop, approve, and implement planning and plans for the development of ports and shipping channels to serve national socio-economic development or regional development.

3. To sign, join, and implement international treaties related to ports and shipping channels.

4. To announce the opening and closing of ports; to announce port waters and the management area of the Maritime Port Management; to announce the commissioning of port berths, wharves, mooring buoys, anchorage areas, transshipment zones, and other maritime works.

5. To organize state management of investment construction and operation of port infrastructure, wharves, and shipping channels.

6. To organize state management over maritime activities; maritime rescue; salvage of sunken assets; handling of maritime accidents, coordination in search and rescue at sea; marine environmental protection and national defense and security.

7. To publish the directory of ports, shipping channels, maritime signals, and maritime notices.

8. To implement the provisions of Vietnamese law and international treaties relevant to maritime activities that Vietnam is a member of.

9. To inspect, supervise, and handle violations according to the law.

Article 7. Responsibilities for State Management over Ports and Shipping Channels

1. The Government shall uniformly manage state affairs concerning ports and shipping channels.

2. The Ministry of Transport shall organize the implementation of state management over ports and shipping channels. The Vietnam Maritime Administration shall carry out state management over ports and shipping channels according to its functions, tasks, and granted authorities.

3. Ministries, provincial People's Committees (hereinafter referred to as Provincial People's Committees) within their respective duties and powers shall organize the implementation of state management over ports and shipping channels.

Article 8. Principles for Naming and Renaming Ports, Offshore Oil Terminals, Berths, Wharves, Mooring Buoys, and Water Areas

1. Ports, offshore oil terminals, berths, wharves, mooring buoys, and water areas may be named or renamed when developing plans for development or investment projects, or when announcing their commissioning, upon the proposal of the investor or related organizations.

2. The name of a port or offshore oil terminal must be written in Vietnamese, and may include an English name; it should begin with the phrase "Port" or "Offshore Oil Terminal" followed by a specific name based on the location of the port or offshore oil terminal.

3. The name of a berth, wharf, mooring buoy, or water area must be written in Vietnamese, and may include an English name; it should begin with the phrase "Berth", "Wharf", "Mooring Buoy", "Area", "Zone" followed by the specific name of the facility.

Chapter II

INVESTMENT CONSTRUCTION MANAGEMENT, EXPLOITATION OF PORTS AND SHIPPING CHANNELS AND MARITIME SIGNALS

Section 1

INVESTMENT CONSTRUCTION OF PORTS AND SHIPPING CHANNELS

Article 9. Announcing the List of Port Categories

1. The Prime Minister shall announce the list of port categories based on the proposal of the Minister of Transport.

2. The Minister of Transport shall annually update and announce the list of wharfs belonging to Vietnamese ports based on the proposal of the Director of the Vietnam Maritime Administration.

Article 10. Establishing, Approving and Managing the Planning for Port Development and Shipping Channels

1. The establishment, approval, and management of planning for port development and shipping channels must be carried out in accordance with this Decree and other relevant legal provisions.

2. Responsibilities of the Ministry of Transport:

a) Establish and submit to the Prime Minister for approval the overall planning for the development of the Vietnamese port system or propose adjustments to the approved overall planning;

b) Approve detailed planning for the development of port groups;

c) Publicly announce and organize guidance and inspection of the implementation of the approved planning;

d) Decide on specific adjustments to the detailed planning for port groups, wharfs, and piers that do not conflict with the functions and scale stipulated in the overall planning for the development of the Vietnamese port system.

3. Responsibilities of the Vietnam Maritime Administration:

a) Establish the overall planning for the development of the Vietnamese port system and detailed planning for the development of port groups, and submit them to the Ministry of Transport for approval in accordance with regulations;

b) Manage investment and construction of ports, wharfs, piers, shipping channels, and water areas according to the approved port development planning;

c) Approve detailed planning for wharfs, piers, mooring buoys, water areas, and waters belonging to Category II and Category III ports in accordance with the approved detailed planning for port groups.

4. Responsibilities of Ministries and Provincial People's Committees:

a) Coordinate with the Ministry of Transport to manage the planning for port development in accordance with this Decree and other relevant legal provisions;

b) Ensure land and water areas for constructing and developing ports according to the approved planning.

Article 11. Principles for Investment and Construction of Ports and Shipping Channels

1. Vietnamese organizations and individuals, as well as foreign entities, investing in port and shipping channel construction must comply with the provisions of this Decree and other relevant legal provisions.

2. Investment and construction of ports and shipping channels must be consistent with the approved port development planning and related planning; in cases where the investment project for port and shipping channel construction differs from the approved port development planning, before implementing the project, the investor must report and obtain approval from the competent authority responsible for planning.

3. Based on the approved port development planning, the decision and announcement of the investment form for ports and wharfs shall be carried out as follows:

a) The Prime Minister decides and announces the investment form for Category I ports and particularly important wharfs within Category I ports;

b) The Minister of Transport decides and announces the investment form for wharfs within Category I ports not covered under Point a of this Clause and Category II ports not covered under Point c of this Clause;

c) Ministers and Chairpersons of Provincial People's Committees decide and announce the investment form for Category II ports serving the development of their respective industries or localities;

d) Category III ports shall have their investment forms decided by enterprises themselves.

Article 12. Supervision of Implementation of Planning, Plans, Construction of Seaports, Shipping Channels

1. Prior to preparing the investment report for constructing seaports, wharfs, piers, shipping channels, water areas, and sea zones, the investor shall directly send or send via the postal service according to Model No. 18 of this Decree to the Vietnam Maritime Administration requesting a response regarding compliance with the approved seaport development plan.

Within the latest five working days from the date of receipt of the investor's document, the Vietnam Maritime Administration shall issue a reply document and directly send it or transmit it through the postal service to the investor; simultaneously, report to the Ministry of Transport, the People's Committee of the province where the seaports, wharfs, piers, shipping channels, water areas, and sea zones are being constructed; in cases of non-approval, the reasons must be clearly stated.

2. Prior to commencing construction of seaports, wharfs, piers, shipping channels, water areas, and sea zones, the investor shall submit to the Vietnam Maritime Administration copies of the investment decision for construction projects along with the overall layout plan, copies of the design approval decision for construction projects, and the maritime safety assurance plan.

3. The Vietnam Maritime Administration shall organize inspections and supervision of the implementation of planning, plans, construction of seaports, wharfs, piers, shipping channels, water areas, and sea zones in accordance with the approved plan, ensuring maritime safety, maritime security, and preventing environmental pollution.

Article 13. Supervision of Implementation of Other Construction Projects within Seaport Water Areas

1. The construction of other projects within seaport water areas not covered under Article 11 of this Decree shall be carried out in accordance with the provisions of this Decree on ensuring maritime safety, maritime security, preventing environmental pollution, and other relevant legal regulations.

2. Prior to commencing construction of projects, the investor shall submit to the local Marine Port Authority copies of the investment decision and the overall layout plan of the project for monitoring the implementation of the construction project by the investor to ensure maritime safety.

Article 14. Maritime Safety Assurance Plan

1. Prior to commencing construction or installation of seaport projects, wharfs, piers, floating berths, water areas, and sea zones, the investor shall have the responsibility to present to the competent authority for examination and approval of the maritime safety assurance plan.

2. Cases requiring a maritime safety assurance plan:

a) Seaport projects;

b) Wharf, pier, floating berth, shipping channel, maritime signaling, and water area, sea zone projects;

c) Projects intersecting with seaport water areas, shipping channels, or affecting maritime activities such as bridges, power lines, cableways, underground structures, drilling platforms, wind farms, hydroelectric plants, thermal power plants, and similar projects;

d) Construction projects in Vietnamese territorial waters that affect maritime activities.

3. The Marine Port Authority shall approve the maritime safety assurance plan; specifically, for projects stipulated in Points a and c of Clause 2 of this Article, prior to approval, the consent of the Vietnam Maritime Administration must be obtained.

4. Contents of the maritime safety assurance plan:

a) General information about the project, including the name of the project, the name and address of the investor, location of construction, scale of construction;

b) Construction period;

c) Approved construction methods;

d) Measures to ensure maritime safety;

đ) Organization and coordination implementation plan;

e) Other necessary contents.

5. Procedure for approving the maritime safety assurance plan:

a) The investor shall directly send or send via the postal service to the local Marine Port Authority one set of documents requesting approval of the maritime safety assurance plan.

b) Documents for approving the maritime safety assurance plan include:

- A request for approval of the maritime safety assurance plan according to Model No. 19 of this Decree;

- Copies of the construction project investment decision;

- Copies of the overall layout plan of the project;

- Original of the maritime safety assurance plan.

c) Procedure for receiving and processing documents:

- The local Marine Port Authority shall receive the documents, check their compliance, issue a receipt for the documents, and schedule a return date (if received directly);

- In cases where the documents do not comply with the requirements stipulated in Point b of this Clause, within the latest three working days from the date of receipt of the documents, the local Marine Port Authority shall guide the completion of the documents.

- Within the latest seven working days from the date of receipt of complete documents as required, the local Marine Port Authority must issue a document approving the maritime safety assurance plan and directly send it or transmit it through the postal service to the investor.

6. Prior to approving the maritime safety assurance plan, the local Marine Port Authority shall organize consultations with maritime safety assurance units, marine pilots, and other related agencies and units; maritime safety assurance units shall implement the approved maritime safety assurance plan according to the investor's decision.

7. The Vietnam Maritime Administration shall direct and instruct the Marine Port Authority to supervise the implementation of the approved maritime safety assurance plan.

Section 2

ANNOUNCEMENT OF OPENING AND CLOSING OF SEAPORTS, WHARFS, PIERS, AND WATER AREAS, SEA ZONES

Article 15. Conditions for announcing the opening of seaports, wharfs, piers, mooring buoys, and water areas, sea zones

1. Seaports, wharfs, piers, and water areas, sea zones have been inspected and accepted for use in accordance with regulations.

2. The investor has complete files and documents as prescribed in Articles 17 and 18 of this Decree.

Article 16. Authority to announce the opening and closing of seaports, wharfs, piers, and water areas, sea zones

1. The Minister of Transport shall announce the opening and closing of seaports.

2. The Director of the Vietnam Maritime Administration shall announce the opening and closing of wharfs, piers, mooring buoys, and water areas, sea zones.

Article 17. Procedures for announcing the opening of seaports

1. The investor shall submit directly or through the postal system to the Vietnam Maritime Administration one set of documents requesting the announcement of the opening of the seaport, including the following papers:

a) A document requesting the announcement of the opening of the seaport according to Model No. 20 of this Decree;

b) An inspection report on the completion and acceptance of the seaport construction project for use, accompanied by completed drawings of the plan view, elevation view, and cross-section of the seaport project; for offshore oil ports, there is no requirement for elevation views and cross-sections of the seaport project;

c) An inspection report between the investor and competent authorities or organizations regarding the results of underwater obstacle surveys in the seabed area before the pier and seaport channel, except for offshore oil ports;

d) A maritime notice on the seaport channel and the sea zone before the pier, accompanied by a chart; for offshore oil ports, a maritime notice on the safety zone of the offshore oil port;

đ) A document checking and confirming the implementation of the contents of the environmental impact assessment report and the requirements of the decision approving the report;

e) An inspection report on fire prevention and firefighting.

2. The procedure for announcing the opening of seaports is as follows:

a) The Vietnam Maritime Administration receives the documents, checks the suitability of the documents, issues a receipt, and schedules a date to return the result (if received directly), and collects fees as prescribed; notifies the investor to change the name if the seaport name does not comply with regulations;

b) Within no more than seven working days from the date of receiving complete and valid documents, the Vietnam Maritime Administration is responsible for soliciting opinions from the People's Committee of the province where the seaport is located and issuing a document requesting the Ministry of Transport to announce the seaport according to Model No. 28 of this Decree, and sending it to the investor through the postal system or the investor coming directly to the Ministry of Transport to collect it;

c) Within no more than three working days from the date of receiving the request document from the Vietnam Maritime Administration, the Ministry of Transport announces the opening of the seaport according to Model No. 28 of this Decree and sends it to the investor through the postal system or the investor comes directly to the Ministry of Transport to collect it.

Article 18. Procedures for announcing the opening of wharfs, piers, and water areas, sea zones

1. After completing the construction of wharfs, piers, water areas, and sea zones, the investor submits directly or sends through the postal system to the Vietnam Maritime Administration one set of documents requesting the announcement of the opening of the wharf, pier, water area, and sea zone.

2. The documents requesting the announcement of the opening of the wharf, pier, and water areas, sea zones include:

a) A document requesting the announcement according to Model No. 21 of this Decree;

b) An inspection report on the completion and acceptance of the construction project for use, accompanied by completed drawings of the plan view, elevation view, and cross-section of the wharf, pier, and water areas, sea zones;

c) A maritime notice with a chart of the branch channel of the seaport for ships entering and leaving the wharf, pier, and water areas, sea zones; an inspection report between the investor and the competent authority or organization regarding the results of the seabed survey in the water area before the wharf, pier, and water areas, sea zones;

d) A document checking and confirming the implementation of the contents of the environmental impact assessment report and the requirements of the decision approving the report;

đ) An inspection report on fire prevention and firefighting;

e) A copy of the security certification document for the wharf as prescribed.

3. Procedure for receiving and processing documents:

a) The Vietnam Maritime Administration receives the documents, checks their suitability, issues a receipt for the documents, schedules a date to return the result (if received directly), and collects fees as prescribed;

b) In cases where the documents are not suitable, within no more than three working days from the date of receiving the documents, the Vietnam Maritime Administration guides the completion of the documents in accordance with Clause 2 of this Article.

4. Within no more than three working days from the date of receiving the documents as prescribed in Clause 2 of this Article, the Vietnam Maritime Administration announces the opening of the wharf, pier, water area, and sea zone according to Model No. 29 of this Decree and sends it to the investor through the postal system or the investor comes directly to the Vietnam Maritime Administration to collect it.

Article 19. Notification of Putting Other Works into Operation

1. After completing the construction of other works within the maritime port waters as stipulated in Article 12 of this Decree, the investor shall submit directly or send through the postal system to the Maritime Port Authority and the maritime safety assurance unit at the location where the construction work was carried out, one set of notification documents for putting the work into operation, including the following documents:

a) Notification document for putting the work into operation according to Model No. 22 of this Decree;

b) Acceptance handover record or a copy of the decision or permit issued by the competent authority regarding the operation of the work.

2. The investor shall be responsible for announcing information about putting the work into operation as prescribed in Clause 1 of this Article on mass media for three consecutive periods.

Article 20. Announcement of Closing a Port

1. A port may be considered for announcement of closure in the following cases:

a) For reasons of national defense, security, or other special reasons;

b) When the port no longer meets the conditions for operation as prescribed;

c) In other cases as proposed by the investor.

2. Procedures for announcing the closure of a port:

a) Procedures for announcing the closure of a port as prescribed in Point a Clause 1 of this Article:

- In urgent cases, the Ministry of Transport decides to close the port according to Model No. 30 of this Decree and reports to the Prime Minister;

- In other cases, within the latest five working days, the Ministry of Transport organizes the collection of opinions from relevant agencies on closing the port and announces the closure of the port according to Model No. 30 of this Decree; if there is disagreement, the reasons must be clearly stated.

b) Procedures for announcing the closure of a port as prescribed in Points b and c Clause 1 of this Article:

- The proposer submits directly or sends through the postal system to the Ministry of Transport a document according to Model No. 23 of this Decree requesting the announcement of the closure of the port.

- Procedure for receiving and processing the file:

+ The Ministry of Transport receives the document, checks its compliance, issues a receipt, and schedules the date for delivering the result (if the file is submitted directly);

+ If the document is not compliant, within the latest one working day from the date of receipt of the document, the Ministry of Transport guides the completion of the file according to regulations.

+ Within the latest five working days from the date of receipt of the request document, the Ministry of Transport organizes the collection of opinions from relevant agencies on closing the port and announces the closure of the port according to Model No. 30 of this Decree and sends it to the proposer through the postal system or the proposer can come directly to the Ministry of Transport to collect it; if there is disagreement, the reasons must be clearly stated.

Article 21. Announcement of Closure of Berths, Piers, Mooring Buoys, and Water Areas, Waters

1. Berths, piers, mooring buoys, and water areas, waters within the maritime port waters may be considered for announcement of closure in the following cases:

a) Berths, piers, mooring buoys, water areas, waters no longer exist or do not meet the conditions for operation as proposed by the investor or the local Maritime Port Authority;

b) Berths, piers, mooring buoys, and water areas, waters that operate inefficiently, as proposed by the investor.

2. Procedures for closing berths, piers, mooring buoys, and water areas, waters:

a) The investor or the local Maritime Port Authority submits directly to the Vietnam Maritime Administration or sends through the postal system one document requesting the closure of berths, piers, mooring buoys, water areas, waters according to Model No. 23 of this Decree.

b) Procedure for receiving and processing the file:

- The Vietnam Maritime Administration receives the document, checks its compliance, issues a receipt, and schedules the date for delivering the result (if the file is submitted directly);

- If the file is not compliant, within the latest one working day from the date of receipt of the file, the Vietnam Maritime Administration guides the completion of the file according to the provisions of Point a of this Clause;

- Within the latest seven working days from the date of receipt of the request document, the Vietnam Maritime Administration organizes the collection of opinions from relevant agencies (if necessary), decides to close the berths, piers, mooring buoys, and water areas, waters according to Model No. 31 of this Decree and sends it to the proposer through the postal system or the proposer can come directly to the Vietnam Maritime Administration to collect it.

Article 22. Temporary prohibition on vessels entering or leaving ports, wharfs, mooring buoys, and water areas

Clause 1. In cases where maritime safety, maritime security, environmental protection, or other urgent reasons require it, the Director of the Maritime Port Management Office shall decide to prohibit vessels from entering or leaving seaports, wharfs, bridges, mooring buoys, and water areas.

Clause 2. Once the reasons for prohibiting entry or departure have been resolved, the Director of the Maritime Port Management Office shall decide to revoke the prohibition on vessels entering or leaving seaports, wharfs, bridges, mooring buoys, and water areas.

Clause 3. Immediately after deciding to prohibit vessels from entering or leaving seaports or revoking such prohibitions, the Director of the Maritime Port Management Office in the relevant area must report to the Vietnam Maritime Administration; at the same time, notify the shipowner or their agent and specialized state management agencies at the seaport.

Article 23. Announcement of Seaport Water Areas and the Management Area of the Maritime Port Management Office

Clause 1. The Vietnam Maritime Administration organizes the preparation of files to submit to the Ministry of Transport for consideration and announcement of seaport water areas and the management area of the Maritime Port Management Office, including:

Point a) A document proposing the announcement of seaport water areas;

Point b) Written opinions of the People's Committee of the relevant province;

Point c) Nautical charts defining the boundaries of seaport water areas and the management area of the Maritime Port Management Office.

Clause 2. Based on the file stipulated in Clause 1 of this Article, the Ministry of Transport will consider and announce seaport water areas and the management area of the Maritime Port Management Office.

Article 24. Management of Vessel Activities at Ports, Inland Waterway Wharfs, and Fishing Harbors within Seaport Water Areas

Clause 1. Inland waterway wharfs within seaport water areas may only be permitted to receive Vietnamese vessels operating domestic routes.

Clause 2. Authorities responsible for organizing the management of investment and construction activities at ports, inland waterway wharfs, and fishing harbors within seaport water areas, in accordance with relevant laws, must seek the written opinion of the Maritime Port Management Office in the relevant area before responding to investors regarding permission to construct such facilities.

Clause 3. The Minister of Transport shall specify detailed regulations on the management of vessel activities at ports, inland waterway wharfs, and fishing harbors within seaport water areas.

Article 25. Port Directory, Nautical Charts of Seaport Water Areas, and Shipping Channels

Clause 1. The Ministry of Transport shall organize the construction and issuance of nautical charts of seaport water areas and shipping channels to serve maritime safety assurance operations, upon the proposal of the Director of the Vietnam Maritime Administration.

Clause 2. The Vietnam Maritime Administration shall establish, announce, and regularly update the port directory and shipping channels.

Clause 3. Funding for the construction of the port directory and shipping channels, and for the construction and issuance of nautical charts of seaport water areas and shipping channels, shall be sourced from the state budget and other lawful funding sources.

Article 26. Marine Notices

Clause 1. Marine notices include information about the conditions ensuring safety at seaports, offshore oil ports, shipping channels, navigational aids, dangerous obstructions, construction zones, restricted operation zones, security information, weather and hydrographic conditions, earthquakes, tsunamis, epidemics, search and rescue operations, and other necessary navigational guidance.

Clause 2. The Minister of Transport shall specify details on marine notices related to the conditions ensuring safety at seaports, offshore oil ports, shipping channels, navigational aids, dangerous obstructions, construction zones, restricted operation zones, search and rescue operations, and other necessary navigational guidance; organize the establishment and announcement of marine notices according to the following principles:

Point a) The Vietnam Maritime Administration shall manage the national announcement of marine notices as prescribed;

Point b) Units ensuring maritime safety shall announce marine notices concerning information related to the management and operation of shipping channels and navigational aids, port exploitation, offshore oil ports, wharfs, bridges, mooring buoys, anchorage areas, cargo transfer areas, storm shelters, turning areas, pilot boarding and disembarkation areas, quarantine areas, and branch channels of seaports;

Point c) The Maritime Port Management Office shall announce marine notices concerning retransmitted information and navigational guidance information related to maritime activities such as information about the characteristics of seaport water areas, restricted operation zones, sunken assets at sea, safety, security, weather and hydrographic conditions, earthquakes, tsunamis, epidemics, search and rescue operations, and other marine notices, except those specified in Point b of this Clause.

Clause 3. Relevant Ministries and sectors within their functions and tasks shall be responsible for specifying the establishment and announcement of notices and information on security, weather and hydrographic conditions, earthquakes, tsunamis, health, epidemics, and other specialized information related to the activities of people and vessels in seaport water areas and on Vietnamese waters.

Clause 4. The Vietnam Marine Electronics Information Company shall implement the transmission of marine notice and maritime information broadcasts as prescribed.

Article 27. Marine Navigation Marking

1. Marine navigation marking includes visual, light, sound, and radio signals established to guide marine vessel operations.

2. Investment in constructing marine navigation marking shall be carried out in accordance with this Decree and other relevant legal regulations.

3. Units ensuring maritime safety have the responsibility to:

a) Implement management of assigned marine navigation marking as prescribed;

b) Temporarily establish marine navigation marking assigned on an urgent basis.

4. Organizations and individuals managing and operating branch channels of seaports, dedicated channels, areas before port bridges, or conducting surveys, construction, and operation of works for seaport waters and Vietnam's territorial waters have the obligation to set up marine navigation marking on those channels and water areas according to published technical standards and specifications.

5. Responsibilities for managing and operating marine navigation marking:

a) The Vietnam Maritime Administration organizes the implementation of state management over marine navigation marking;

b) Units ensuring maritime safety organize management, operation, and bear responsibility for the safe operation of the assigned marine navigation marking system;

c) Organizations and individuals managing, operating, and bearing responsibility for the safe operation of marine navigation marking they establish.

6. The Minister of Transport shall provide detailed regulations on the management of the marine navigation marking system, construct, and publish technical standards for marine navigation marking.

Article 28. Procedures for Putting Marine Navigation Marking into Use

1. The project investor establishes and directly submits or sends through the postal service to the authority with jurisdiction as stipulated in Points b and c Clause 2 Article 26 of this Decree one set of documents requesting to put marine navigation marking into use.

2. Documents requesting to put marine navigation marking into use include:

a) A document requesting to put marine navigation marking into use according to Model No. 32 of this Decree;

b) Acceptance handover record;

c) Survey and obstacle clearance charts for new shipping channel marine navigation marking established by units with survey functions and together with the project investor bear responsibility for the legal validity of the survey documents;

d) Technical design approved by the competent authority.

3. Procedure for receiving and processing documents:

a) The authority receiving the documents checks the suitability of the documents, issues a receipt, and schedules a date to return the result (if received directly);

b) In case the documents are not suitable, within the latest three working days from the date of receipt, the authority guides the project investor to complete the documents in accordance with Clause 2 of this Article;

c) Within the latest five working days from the date of receipt of all documents as stipulated in Clause 2 of this Article, the authority makes a decision on putting marine navigation marking into use, publishes a marine notice as prescribed, and directly sends or sends through the postal service to the project investor.

Section 3

MANAGEMENT AND EXPLOITATION OF SEAPORTS AND SHIPPING CHANNELS

Article 29. Principles of Management and Exploitation of Seaports

1. Management and exploitation of seaports shall be conducted in accordance with the law, ensuring investment efficiency and avoiding loss and waste.

2. Investors building seaports, wharves, and port bridges decide on the form of management and exploitation of seaports, wharves, and port bridges according to the following principles:

a) Infrastructure of seaports invested with state capital can be leased partially or entirely; revenue from leasing is state budget revenue, used according to the state budget law provisions, and prioritized for investing in seaport infrastructure development;

b) Infrastructure of seaports invested with other sources of capital not covered under Point a of this Clause is decided by the investor on the form of management and exploitation in compliance with the law;

c) Quality inspection of seaport infrastructure is conducted periodically every five years and a marine notice is published as prescribed.

Article 30. Principles for Management and Utilization of Shipping Channels

1. The Ministry of Transport shall direct the Vietnam Maritime Administration to organize state management over planning for development, investment construction, announcement of commissioning into use, and exploitation and management of shipping channels nationwide.

2. Units ensuring maritime safety directly implement the management and operation of public shipping channels assigned to them.

3. Special-purpose shipping channels, which are organized and managed for use by enterprises that have invested in their construction, shall conduct regular annual surveys and submit maritime notice publication files according to regulations; in cases where special-purpose shipping channels are converted into public shipping channels, partial capital investment refunds may be considered according to the regulations of the Ministry of Finance.

Article 31. Investment in Construction of Temporary Port Infrastructure

1. Temporary port infrastructure includes mooring buoys, anchorage areas, transfer zones, established and operating for a definite period but not exceeding ten years.

2. Conditions for establishing temporary port infrastructure:

a) Current port infrastructure does not meet urgent needs in the area;

b) To serve urgent, temporary requirements of related projects or works.

3. The Vietnam Maritime Administration shall agree on the investment and construction of temporary port infrastructure based on the investor's proposal and the local port authority's recommendation.

4. Procedures for proposing the establishment of temporary port infrastructure:

a) The investor shall send a request for establishing temporary port infrastructure directly or through postal services to the Vietnam Maritime Administration, along with an application form number 24 of this Decree and relevant documentation on investment and exploitation of port infrastructure;

b) Within five working days from receipt of the request, the Vietnam Maritime Administration shall issue a document approving the establishment of temporary port infrastructure; if approval is denied, the reasons must be clearly stated and the document sent to the investor via postal services or the investor can collect it directly at the Vietnam Maritime Administration.

5. The investment and construction, and commissioning of temporary port infrastructure into use shall be carried out according to the provisions of Sections 1 and 2 of this Chapter.

Article 32. Public Goods and Services Ensuring Maritime Safety

1. Public goods and services ensuring maritime safety include:

a) Public goods and services ensuring maritime safety:

- Operation of maritime signaling systems;

- Operation of public shipping channel systems;

- Surveying and announcing maritime notices for public shipping channels;

- Dredging and maintenance of public shipping channels to ensure depth according to the initial design standards approved by competent authorities (excluding dredging work for new shipping channel construction);

- Repair and upgrade of maritime signaling systems.

b) Public goods and services for pilotage;

c) Public goods and services for managing and operating coastal radio stations;

d) Other public goods and services ensuring maritime safety as prescribed by law.

2. The Ministry of Transport shall organize bidding, ordering, and assigning plans to units providing public goods and services ensuring maritime safety according to regulations.

Article 33. Maritime Fees and Charges

1. Fees and charges related to the management, exploitation, and use of seaports and maritime channels shall be implemented in accordance with the provisions of laws on fees and charges.

2. The Ministry of Finance shall stipulate the level of contribution for maritime security guarantee fees for seaport channels invested in and operated by enterprises to ensure maritime safety, maritime security, and environmental pollution prevention, after reaching consensus with the Ministry of Transport.

Section 4

MANAGEMENT AND EXPLOITATION OF PORT WHARF INFRASTRUCTURE AND BRIDGE INFRASTRUCTURE FUNDED BY STATE CAPITAL

Article 34. Principles for Managing and Exploiting Port Wharf Infrastructure and Bridge Infrastructure

1. Port wharf infrastructure and bridge infrastructure funded by state capital may be leased for partial or full exploitation.

2. The selection of organizations or individuals leasing and exploiting port wharf infrastructure and bridge infrastructure funded by state capital (hereinafter referred to as the lessee) shall be carried out according to the following principles:

a) For port wharf infrastructure and bridge infrastructure put into operation and use before September 1, 2006, as decided by the Prime Minister, if leasing for exploitation, it shall be implemented in accordance with this Decree;

b) For port wharf infrastructure and bridge infrastructure put into operation and use from September 1, 2006 onwards, leasing for exploitation shall be carried out in accordance with this Decree and other relevant legal regulations.

Article 35. Authority to Decide Leasing and Exploitation of Port Wharf Infrastructure and Bridge Infrastructure

The agency deciding investment in building seaports, port wharfs, and bridges is the authority to approve the leasing and exploitation plan and the result of selecting the lessee for port wharf infrastructure and bridge infrastructure.

Article 36. Plan for Leasing and Exploitation of Port Wharf Infrastructure and Bridge Infrastructure

1. The lessor is responsible for establishing the plan for leasing and exploiting port wharf infrastructure and bridge infrastructure. The main contents of the plan include:

a) Name of the leasing organization;

b) List and technical characteristics of the assets to be leased;

c) Value of the assets to be leased;

d) Lease term;

đ) Leasing and exploitation price of port wharf infrastructure and bridge infrastructure to be submitted to the competent authority for decision;

e) Conditions for leasing;

g) Ability to recover investment capital;

h) Rights, obligations, and responsibilities of the lessee and the lessor;

i) Method of selecting the lessee;

k) Contract form;

l) Time to organize the selection of the lessee for exploitation.

2. For port wharf infrastructure and bridge infrastructure currently under construction and before being put into use, the lessor must establish a leasing plan.

Article 37. Leasing and Exploitation Price of Port Wharf Infrastructure and Bridge Infrastructure

1. The leasing and exploitation price of port wharf infrastructure and bridge infrastructure shall be implemented in accordance with the provisions of laws on prices. The Minister of Finance decides the leasing and exploitation price of port wharf infrastructure and bridge infrastructure based on the proposal of the project owner or the agency approving the leasing and exploitation plan of port wharf infrastructure and bridge infrastructure.

2. The leasing and exploitation price of port wharf infrastructure and bridge infrastructure must be approved by the agency deciding the investment in seaports, port wharfs, and bridges but shall not be lower than the price decided by the Minister of Finance.

3. The leasing and exploitation price of port wharf infrastructure and bridge infrastructure shall be determined based on the following main contents:

a) Fixed revenue price is the price calculated based on the annual depreciation rate of the asset, loan repayment amount, and interest (if any), management and exploitation costs of the leased port wharf infrastructure and bridge infrastructure, and other costs as prescribed. The maximum usage period for calculating the leasing price of port wharf infrastructure and bridge infrastructure is 50 years. The leasing and exploitation price of port wharf infrastructure and bridge infrastructure shall not be lower than the fixed revenue price.

b) Variable revenue price is the price collected as a percentage (%) of the annual revenue from exploiting the leased asset;

c) Value of the assets to be leased;

d) Technical characteristics of the leased asset;

đ) Conditions for leasing;

e) Rights, obligations, and responsibilities of the parties;

g) Other necessary conditions.

4. The lessor of port wharf infrastructure and bridge infrastructure has the responsibility to submit to the agency deciding the investment in seaports, port wharfs, and bridges for review and approval of the adjustment of the leasing price in the following cases:

a) Once every five years;

b) When the inflation rate in Vietnam exceeds 15%/year;

c) Other cases proposed by the lessor or lessee and approved by the investment decision-making agency.

Article 38. Conditions for Selecting the Lessee to Exploit Port Infrastructure and Wharf Structures

The lessee to exploit port infrastructure and wharf structures must satisfy the following conditions:

1. Having legal entity status in accordance with the law;

2. Having experience in managing and exploiting seaports;

3. Having financial capability;

4. Having sufficient manpower to manage and exploit the leased port infrastructure and wharf structures;

5. Having an effective plan for exploiting port infrastructure and wharf structures;

6. Offering the highest rental price that is not lower than the rental price in the approved exploitation leasing plan for port infrastructure and wharf structures.

Article 39. Forms for Selecting the Lessee to Exploit Port Infrastructure and Wharf Structures

1. The form, procedure, and process for selecting the lessee shall be carried out in accordance with this Decree and relevant provisions of the law on tendering.

2. The Ministry of Transport shall take the lead and coordinate with related agencies to develop and issue models of tendering documents for leasing the exploitation of port infrastructure and wharf structures funded by state capital.

Article 40. Lease Contract for Exploiting Port Infrastructure and Wharf Structures

1. The leasing of port infrastructure and wharf structures for exploitation must be conducted through a contract agreed upon and signed by both parties. The lease contract for exploiting port infrastructure and wharf structures must be established based on the results of the approved lessee selection and comply with relevant legal provisions.

2. The lease contract includes the following main contents:

a) Name, address, bank account number of the lessor;

b) Name, address, bank account number of the lessee;

c) Lease term;

d) Rental price and payment terms and conditions;

đ) Rights and obligations of the lessor and lessee;

e) List of leased assets;

g) Conditions and procedures for amending the lease contract;

h) Dispute resolution.

Article 41. Use of Revenue from Leasing the Exploitation of Port Infrastructure and Wharf Structures

1. Revenue from leasing the exploitation of port infrastructure and wharf structures shall be prioritized for the following purposes and expenses:

a) Maintenance and repair of port infrastructure and wharf structures that are leased assets under the responsibility of the lessor;

b) Upgrading, renovation, and expansion of port infrastructure;

c) Investment in building new ports and wharves and other purposes to develop the maritime industry;

d) Costs for developing plans and organizing lessee selection;

đ) Costs of the lessor in managing and exploiting port infrastructure;

e) Other reasonable purposes and costs.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to specify the financial mechanism for collecting, submitting, and using revenue from leasing the exploitation of port infrastructure and wharf structures funded by state capital.

Article 42. Subleasing of Port Infrastructure and Wharf Structures

1. The lessee has the right to sublease part of the port infrastructure and wharf structures they have leased to domestic and foreign organizations and individuals in accordance with this Decree and must obtain written approval from the lessor before proceeding with the sublease.

2. The subleasing of port infrastructure and wharf structures shall be carried out through a contract. The sublease contract for port infrastructure and wharf structures must ensure compliance with the principles of the original lease contract signed with the lessor.

3. The lessee shall bear full responsibility towards the lessor for their subleasing activities.

3. The sublessee of port infrastructure and wharf structures shall be responsible for managing and exploiting the port and wharf in accordance with the law, lease contract, and shall not further sublease the port infrastructure and wharf structures.

Article 43. Management and Exploitation Organizations of Port Infrastructure and Wharf Structures

1. The agency deciding to invest in building seaports, wharfs, and bridges shall be responsible for organizing the management and exploitation of port infrastructure and wharf structures.

2. Agencies and organizations entrusted with managing and exploiting port infrastructure and wharf structures shall have the following functions, tasks, and authorities:

a) Establishing management mechanisms for the exploitation of port infrastructure and wharf structures, submitting them for approval by the investment decision-making agency, and implementing them;

b) Managing state assets and supervising activities related to the exploitation of leased port infrastructure and wharf structures;

c) Supervising the implementation of lease exploitation contracts;

d) Organizing regular and periodic inspections and supervision of the exploitation of port infrastructure and wharf structures to ensure their proper use according to their technical characteristics as prescribed;

đ) Collecting rent for the exploitation of port infrastructure and wharf structures;

e) Requiring lessees to comply with technical procedures for exploitation, maintenance, and use of port infrastructure and wharf structures as prescribed; in case of non-compliance, reporting to the investor for resolution;

g) Cooperating with exploiters to handle incidents causing damage to port infrastructure and wharf structures; organizing supervision of repairs and remediation of damaged port infrastructure and wharf structures within the scope of management;

h) Promptly notifying relevant specialized state management agencies when the depth of seaport channels, water areas before wharfs, turning basins, maritime signaling systems, and other auxiliary facilities do not meet the approved technical design specifications;

i) Accepting and proposing design, construction, renovation, expansion, and upgrading plans for port infrastructure and wharf structures upon request from lessees or proposals from specialized state management agencies;

k) Supervising fire prevention, explosion protection, environmental sanitation, public security, and labor safety within the scope of seaports, wharfs, and bridges;

l) Summarizing the situation of port infrastructure and wharf structure exploitation; periodically reporting to investors and relevant state management agencies as prescribed;

m) Performing other assigned tasks.

Section 5

PROTECTION OF SEAPORT STRUCTURES AND SHIPPING CHANNELS

Article 44. Protection of Seaport Structures and Shipping Channels

1. Protecting seaport structures and shipping channels includes activities ensuring the safety and lifespan of seaport structures, wharfs, bridges, mooring buoys, cargo transfer zones, shipping channels, maritime signaling systems, lighthouses, coastal radio stations, and other structures related to the management and exploitation of seaport infrastructure; preventive measures, blocking, and handling actions against acts that infringe on structures, endangering human lives, and causing damage to state and people's property.

2. The scope of protection of seaport structures and shipping channels includes: structures, protective corridors, airspace above, underground space, underwater space related to the safety of structures and maritime operations.

3. Outside the scope of protection of seaport structures and shipping channels, construction and other activities must not affect the safe use of seaport structures and shipping channels.

Article 45. Principles for Protecting Seaport Works and Shipping Channels

1. The management, exploitation, repair, and protection of seaport works and shipping channels must comply with legal regulations and technical standards issued and announced by competent state agencies.

2. Agencies and organizations managing and exploiting seaport works and shipping channels are responsible for ensuring the technical safety status of these works; in cases where damage or threats to maritime safety, maritime security, or environmental protection are discovered, they must promptly take measures to address and repair such issues; preventive and anti-disaster measures should be implemented to minimize damage to the works.

3. Construction of works, utilization, and exploitation of airspace, land areas, and water areas within the protected zones of seaport works and shipping channels, or outside these protected zones but affecting the safety of the works and maritime safety, must be approved by competent state agencies responsible for protecting seaport works and shipping channels in accordance with legal provisions.

4. When seaport works and shipping channels are found to be violated or at risk of losing safety, the person discovering such violations has the responsibility to immediately report to the Maritime Port Authority or local authorities, the management units, or the nearest competent authority to take prompt measures.

Article 46. Responsibilities for Protecting Seaport Works and Shipping Channels

1. The Ministry of Transport is responsible for organizing the management and protection of seaport works and shipping channels.

2. Ministries, provincial People's Committees shall cooperate with the Ministry of Transport to organize the protection of seaport works and shipping channels in their respective localities.

3. Agencies, organizations, and individuals have the responsibility to comply with legal regulations concerning the protection of seaport works and shipping channels.

4. The Ministry of Transport shall lead and coordinate with relevant ministries and sectors to establish regulations for protecting seaport works and shipping channels, which will be submitted to the Government for consideration and decision.

Article 47. Prohibited Acts in Protecting Seaport Works and Shipping Channels

1. Destroying, dismantling, stealing components, accessories, construction materials, coastal radio stations, maritime signaling systems, and other equipment of seaport works and shipping channels.

2. Occupying the protected zones of seaport works and shipping channels.

3. Discharging harmful substances that damage or affect the durability and lifespan of seaport works and shipping channels.

4. Engaging in acts that obstruct the management, exploitation, use, and protection of seaport works and shipping channels.

5. Operating vessels and other means of transport contrary to regulations, affecting the quality of seaport works and shipping channels.

6. Other acts that affect the safety in the management and exploitation of seaport works and shipping channels.

Article 48. Handling Violations in Protecting Seaport Works and Shipping Channels

1. All violations against seaport works and shipping channels shall be handled according to legal provisions.

2. Organizations and individuals committing violations of laws on protecting seaport works and shipping channels, depending on the nature, severity of the violation, and resulting consequences, may be subject to administrative penalties or criminal liability; if damage occurs, organizations and individuals must also compensate for losses in accordance with legal provisions.

Chapter III

MANAGEMENT OF MARITIME ACTIVITIES AT SEAPORTS AND SHIPPING CHANNELS

Section 1

PROCEDURES FOR VESSELS ARRIVING AT AND DEPARTING FROM SEAPORTS

Article 49. General Requirements for Vessels Entering Seaports

1. All types of vessels, regardless of nationality, tonnage, and purpose of use, shall only be permitted to enter seaports when they meet the safety, security, environmental protection, and other conditions stipulated by law.

2. All types of vessels shall only operate at seaports, wharfs, and piers that have been officially announced for use and are suitable for their functions.

3. In cases where foreign vessels enter and operate in Vietnam's territorial waters outside seaports, they must complete vessel arrival procedures at the maritime port office managing the relevant area. The maritime port office is responsible for supervising vessel operations to ensure maritime safety, security, and environmental protection.

Article 50. Arrival Procedures for Foreign Vessels Engaging in Special Activities

1. For foreign military vessels, foreign vessels invited to Vietnam by the Government of the Socialist Republic of Vietnam, and foreign vessels participating in search and rescue operations in Vietnam’s territorial waters, the procedures shall be carried out according to specific legal provisions.

2. For foreign ocean-going vessels with nuclear-powered engines or vessels transporting radioactive materials:

a) The person handling the procedure shall directly submit or send via postal service to the Ministry of Transport a document according to Model No. 25 of this Decree requesting permission for foreign ocean-going vessels with nuclear-powered engines or vessels transporting radioactive materials to enter seaports, accompanied by copies of the ship registration certificate and copies of certificates regarding maritime safety, security, and environmental protection of the vessel;

b) Within 10 working days from the date of receiving all valid documents, the Ministry of Transport shall report to the Prime Minister for consideration and approval, and issue a document responding to the request for permission for foreign ocean-going vessels with nuclear-powered engines or vessels transporting radioactive materials to enter seaports.

3. Foreign vessels arriving at seaports to conduct scientific research, fishing, rescue, salvage, towing assistance, training, cultural, sports, marine construction, surveying, exploration, resource exploitation, and other environmental activities in Vietnam’s territorial waters must present a permit or an approval document from the competent authority of Vietnam.

In cases where there is no permit or approval document from the competent authority, the following procedures shall be followed:

a) The person handling the procedure shall directly submit or send via postal service to the Vietnam Maritime Administration one set of documents including:

- A document according to Model No. 26 of this Decree requesting issuance of a permit or approval for foreign vessels to enter seaports;

- Copies of related documents and materials concerning the purpose and time of the vessel's entry into seaports.

b) The Vietnam Maritime Administration shall receive and review the suitability of the documents, return the documents in case of non-compliance with content or procedure requirements; issue a receipt in case of direct submission of documents;

c) Not later than seven working days from the date of receiving valid documents, the Vietnam Maritime Administration shall issue a response document and send it directly or via postal service to the person handling the procedure, after obtaining opinions from the following agencies:

- The Ministry of Agriculture and Rural Development for foreign vessels conducting fishing activities;

- The Ministry of Natural Resources and Environment for foreign vessels conducting surveying, exploration, resource exploitation, and environmental protection activities;

- The Ministry of Culture, Sports and Tourism for foreign vessels conducting cultural, sports, and tourism activities;

- The Ministry of Science and Technology for foreign vessels conducting scientific research activities.

Article 51. Notification of Vessels Arriving at Seaports

1. Prior to the expected arrival of vessels at seaports, the person handling procedures must submit to the Port Maritime Authority where the vessel is arriving the Notification of Vessel Arrival according to Form No. 01 of this Decree and the Cargo Declaration as prescribed in Form No. 06 of this Decree for issuance to the customs checkpoint. For foreign vessels arriving at seaports to carry out special activities as stipulated in Article 50 of this Decree, they must present a permit or approval document from the competent authority of Vietnam.

2. Time of notification:

a) For all types of vessels: no later than 8 hours before the expected arrival time at the seaport, except for vessels specified in Point b Clause of this Article;

b) For military vessels, nuclear-powered marine vessels, radioactive cargo-carrying vessels, and vessels invited by the Government of the Socialist Republic of Vietnam: no later than 24 hours before the expected arrival time at the seaport.

3. Vessels carrying goods with a total gross tonnage of 500 GT or more, passenger vessels, and offshore mobile drilling units operating on international routes must submit to the Port Maritime Authority the Marine Vessel Security Declaration according to Form No. 02 no later than 24 hours before the expected arrival time at the seaport.

4. The notification of vessels arriving at seaports as prescribed in Clause 1 of this Article shall be exempted for the following vessels:

a) Inland waterway vessels, public service vessels, fishing vessels, and military vessels of Vietnam;

b) Other vessels arriving at seaports in the following cases:

- Rescuing crew members, passengers on board the vessel;

- Avoiding typhoons;

- Transferring persons, property, and salvaged vessels at sea;

- Rectifying consequences of maritime accidents;

- Other urgent cases.

c) For the cases specified in Point b Clause of this Article, the master of the vessel must immediately notify the Port Maritime Authority in the area about the reasons and purpose of the vessel's arrival at the seaport.

Article 52. Confirmation of Vessels Arriving at Seaports

1. No later than 2 hours before the expected arrival time at the pilot station, the person handling procedures must confirm to the Port Maritime Authority the exact time of the vessel's arrival. In case there are sick persons, deceased persons, rescued persons at sea, or persons hiding on board the vessel, the shipowner must clearly report their names, ages, nationalities, health conditions, causes of death, and other related requirements in the final confirmation.

2. For inbound vessels, upon receiving the confirmation from the person handling procedures, the relevant Port Maritime Authority must immediately inform other specialized state management agencies to coordinate.

3. The confirmation of vessels arriving at seaports as prescribed in Clause 1 and Clause 2 of this Article does not apply to the following vessels:

a) Inland waterway vessels, public service vessels, fishing vessels, and military vessels of Vietnam;

b) Other vessels arriving at seaports in the following cases:

- Rescuing crew members, passengers on board the vessel;

- Avoiding typhoons;

- Transferring persons, property, and salvaged vessels at sea;

- Rectifying consequences of maritime accidents;

- Other urgent cases.

Article 53. Dispatching vessels to seaports

Article 53. Dispatching Vessels into Seaports

1. The Director of the Port Maritime Authority is responsible for designating anchorage positions for vessels within the port waters no later than 2 hours after receiving the confirmation that the vessel has arrived at the pilot station. For inbound vessels, immediately after making the dispatch decision, the Port Maritime Authority must also inform other specialized state management agencies about the designated time and position for the vessel to anchor at the seaport.

2. Based on the type of vessel, size, type of cargo, wharf, and the port's scheduling plan, and the pilot organization's vessel guiding plan, the Director of the Port Maritime Authority assigns anchorage positions for loading and unloading cargo and embarking and disembarking passengers. Any change in the anchorage position of the vessel is decided by the Director of the Port Maritime Authority based on the captain's proposal.

Article 54. Location, Time Limit, and Documents for Vessels Entering Seaports

1. Domestic Route Vietnamese Vessels:

a) Location for Processing: Main Office or Representative Office of the Maritime Port Authority;

b) Time Limit for the Person Submitting Documents: Not later than two hours from the time the vessel has moored at the wharf or four hours from the time it has moored at other locations within the port waters;

c) Time Limit for the Maritime Port Authority:

- For sea vessels: not later than one hour from the time the person submitting documents has submitted and presented all required documents as stipulated below:

+ Required Documents to be Submitted (originals):

* One General Declaration Form (Form No. 03);

* One Crew List (Form No. 04);

* One Passenger List (if applicable - Form No. 05);

* Port Departure Permit.

+ Required Documents to be Presented (originals):

* Certificate of Vessel Registration;

* Certificates regarding technical safety of the vessel as prescribed;

* Crew Logbook;

* Professional certificates of crew members as prescribed.

- For other types of vessels, the required documents to be submitted and presented shall be carried out according to relevant laws.

d) The processing procedures for domestic route Vietnamese vessels as stipulated in this Clause shall be conducted by the Maritime Port Authority. Other specialized state management agencies at seaports shall not perform these procedures.

2. Vietnamese Vessels and Foreign Vessels Entering the Country:

a) Location for Processing: Main Office or Representative Office of the Maritime Port Authority, except in cases specified in Point b of this Clause.

b) In cases where the procedures are carried out on board the vessel as follows, related specialized state management agencies must notify the Maritime Port Authority and the person submitting documents:

- Procedures for passenger-carrying vessels;

- In cases where there are sufficient grounds to doubt the authenticity of the declaration regarding quarantine of the vessel or if the vessel arrives from areas affected by diseases related to humans, animals, or plants, related specialized state management agencies will carry out procedures according to regulations in the quarantine zone.

c) Time Limit for the Person Submitting Documents: Not later than two hours from the time the vessel has safely moored at the designated location by the Director of the Maritime Port Authority.

d) Time Limit for Specialized State Management Agencies: Not more than one hour from the time the person submitting documents has submitted and presented all required documents as stipulated below:

- Required Documents to be Submitted (originals):

+ Three General Declaration Forms (Form No. 03) to be submitted to the Maritime Port Authority, Border Guard Checkpoint, Customs Checkpoint;

+ Three Crew Lists (Form No. 04) to be submitted to the Maritime Port Authority, Border Guard Checkpoint, Customs Checkpoint;

+ One Passenger List (if applicable - Form No. 05) to be submitted to the Border Guard Checkpoint;

+ One Cargo Declaration Form (Form No. 06) to be submitted to Customs Checkpoint;

+ Three Dangerous Goods Declaration Forms (if applicable - Form No. 07) to be submitted to Customs Checkpoint and the Maritime Port Authority;

+ One Ship's Stores Declaration Form (Form No. 08) to be submitted to Customs Checkpoint;

+ One Crew Luggage Declaration Form (Form No. 09) to be submitted to Customs Checkpoint;

+ One Maritime Health Declaration Form (Form No. 10) to be submitted to the International Health Quarantine Agency;

+ One Plant Quarantine Declaration Form (if applicable - Form No. 11) to be submitted to the Plant Quarantine Agency;

+ One Animal Quarantine Declaration Form (if applicable - Form No. 12) to be submitted to the Animal Quarantine Agency;

+ Port Departure Permit to be submitted to the Maritime Port Authority.

+ A Security Declaration Form for Sea Vessels as stipulated in Form No. 02 (to be submitted to the Maritime Port Authority);

- Required Documents to be Presented (originals):

+ Vessel Registration Certificate (to be presented to the Maritime Port Authority);

+ Technical Safety Certificates of the Vessel as stipulated (to be presented to the Maritime Port Authority);

+ Crew Professional Certificates as stipulated (to be presented to the Maritime Port Authority);

+ Crew Passports or equivalent documents (to be presented to the Border Guard Checkpoint);

+ Crew Logbooks or equivalent documents (to be presented to the Maritime Port Authority);

+ Crew International Vaccination Certificates (to be presented to the Health Quarantine Agency);

+ Relevant Documents concerning cargo carried on the vessel (to be presented to the Customs Checkpoint);

+ Health Quarantine Certificate (to be presented to the Health Quarantine Agency);

+ Plant Quarantine Certificate, if applicable (to be presented to the Plant Quarantine Agency);

+ Animal Quarantine Certificate of the Exporting Country (to be presented to the Animal Quarantine Agency);

+ Pollution Liability Insurance Certificate of the Vessel Owner, if the vessel is specifically used for transporting oil, oil products, or other dangerous goods (to be presented to the Maritime Port Authority);

+ Passports, International Vaccination Certificates of passengers (if applicable, when required by related specialized state management agencies);

+ Security Declaration Form for Sea Vessels as stipulated (to be presented to the Maritime Port Authority);

Specifically, for vessels with a total deadweight tonnage of 200 DWT or less flying the flag of a country sharing borders with Vietnam, when arriving at seaports in border areas of Vietnam with that country, they are exempted from certain documents and forms according to specific regulations of the Minister of Transport.

3. Specialized State Management Agencies may only require the shipowner to submit and present documents related to their management functions as stipulated in Clauses 1 and 2 of this Article; after completing the procedures, they must immediately notify the Maritime Port Authority; in cases where the procedures have not been completed, they must notify and clearly state the reasons and methods of resolution.

4. Vessels that have completed entry procedures at one seaport in Vietnam and then arrive at another seaport are exempted from entry procedures as stipulated in Clause 2 of this Article. The Maritime Port Authority in the area where the vessel arrives bases its decision to allow the vessel to operate at the port on the Port Departure Permit issued by the Maritime Port Authority in the previous departure port and the General Declaration Form. Other specialized state management agencies base their management operations on the port transfer documents (if available) provided by the relevant agency in the previous departure port according to the provisions of the law.

Article 55. Notification of Vessels Departing from Seaports

1. At least two hours before the vessel departs from the port, the person handling the procedures must notify the Port Maritime Administration of the vessel's name and the time it is expected to depart.

2. For vessels departing for foreign ports, immediately upon receiving the notification content from the person handling the procedures, the Port Maritime Administration shall promptly notify relevant specialized state management agencies to handle the departure procedures for the vessel in accordance with regulations.

Article 56. Location, Time Limit, and Documents Required for Handling Procedures for Vessels Departing from Seaports

1. Domestic Route Vietnamese Vessels:

a) Location for handling procedures: the main office or representative office of the Port Maritime Administration;

b) Time limit for the person handling the procedures: at least two hours before the vessel leaves the port;

c) Time limit for the Port Maritime Administration: at least one hour, starting from when the person handling the procedures has submitted and presented all required documents as stipulated below:

- Documents to be submitted: 01 General Declaration Form (original);

- Documents to be presented (originals):

+ Certificates of the vessel and professional certificates of crew members if they have changed since arrival;

+ Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as stipulated by law.

d) The procedure for handling departure for domestic Vietnamese vessels operating within the country shall be carried out by the Port Maritime Administration. Other specialized state management agencies at seaports shall not carry out this procedure.

2. Vessels departing for foreign ports:

a) Location for handling procedures: the main office or representative office of the Port Maritime Administration; for passenger vessels, according to the requirements of specialized state management agencies, the location for handling procedures may be conducted on board the vessel by such agencies;

b) Time limit for the person handling the procedures: at least two hours before the vessel leaves the port; for passenger vessels and regular route vessels, the time limit is immediately prior to the scheduled departure time of the vessel;

c) Time limit for specialized state management agencies: at least one hour, starting from when the person handling the procedures has submitted and presented all required documents as stipulated below:

- Required Documents to be Submitted (originals):

+ 03 General Declaration Forms, to be submitted to the Port Maritime Administration, border gate immigration, and customs;

+ 03 Crew Lists if there are changes since arrival, to be submitted to the Port Maritime Administration, border gate immigration, and customs;

+ 01 Passenger List if there are changes since arrival, to be submitted to border gate immigration;

+ 01 Cargo Declaration Form to be submitted to customs if the vessel carries cargo;

+ 01 Passenger Luggage Declaration Form (if applicable) to be submitted to customs; for luggage of passengers on foreign passenger vessels arriving at the port and then departing from the same port in the same voyage, customs declaration procedures are not applied;

+ Relevant documents issued by specialized state management agencies for the vessel, crew members, and passengers to be retrieved;

+ Certificates of the vessel if there are changes since arrival, to be presented to the Port Maritime Administration;

- Required Documents to be Presented (originals):

+ Professional certificates of crew members if there are changes since arrival, to be presented to the Port Maritime Administration;

+ Crew Members' Passports or equivalent documents, Passengers' Passports, to be presented to border gate immigration;

+ International Vaccination Certificates of crew members and passengers if there are changes since arrival, to be presented to the health quarantine agency;

+ Health Quarantine Certificates (if applicable), to be presented to the plant quarantine agency;

+ Animal Health Quarantine Certificates (if applicable), to be presented to the animal quarantine agency;

+ Relevant documents related to cargo carried on the vessel, to be presented to customs;

+ Relevant documents confirming payment of fees, fines, or debts (if applicable) as prescribed by law, to be presented to the Port Maritime Administration or relevant agencies.

The relevant documents confirming the payment of fees, charges, fines, or settlement of debts (if any) as prescribed by law shall be submitted to the Maritime Port Office or the relevant authority.

Article 57. Location, Time Limit, and Documents for Entry and Exit Procedures for Ships at Offshore Oil Ports

1. The location, documents, and papers shall be carried out in accordance with the provisions of Articles 54 and 56 of this Decree. The time limit for entry and exit procedures for ships at offshore oil ports shall be deemed to have ended when the ship's agent submits all required documents and papers to the competent state management agencies at the Maritime Port Office.

2. The documents and papers that must be submitted and presented as prescribed in Clause 1 of this Article shall be carried out in the following sequence:

a) The person handling the procedure shall send the following documents via fax or email to the Maritime Port Office:

- One general declaration form;

- One crew list;

- One certificate of civil liability insurance of the shipowner against oil pollution as prescribed.

b) The Maritime Port Office shall issue a Port Departure Permit to the person handling the procedure after receiving all the documents specified in Point a of this Clause.

c) Within no more than 24 hours after returning to shore, the person handling the procedure shall be responsible for submitting all original documents required to be submitted, a copy of the Port Departure Permit stamped with the captain's signature and the vessel's seal, and other documents required to be presented with the captain's signature and the vessel's stamp.

3. The provisions of this Article also apply to foreign ships when handling entry and exit procedures at offshore areas within Vietnam's territorial waters to carry out activities as prescribed in Clause 3 of Article 50 of this Decree.

Article 58. Provisions on Exemption and Reduction of Port Entry and Departure Procedures for Special Cases

1. Service vessels performing tasks, vessels picking up or dropping off pilots, specialized vessels conducting search and rescue operations, ensuring maritime safety, preventing fires and explosions, oil spills, or urgent tasks shall be exempt from carrying out port entry and departure procedures as prescribed in this Decree, but the captain of the vessel must notify the Maritime Port Office in writing or through appropriate communication means.

2. Vessels entering the port to transfer people, assets, or rescued vessels and only staying in the port for no more than 12 hours shall handle port entry and departure procedures once and must submit the following documents to the Maritime Port Office:

a) Notification of arrival at the port;

b) Crew list;

c) Passenger list (if applicable).

3. Sailing yachts, sports vessels, and individual tourist vessels are exempt from submitting or presenting the documents prescribed in Articles 54 and 56 of this Decree if the flag state does not require such documents.

4. Documents and papers that must be submitted and presented for military vessels, service vessels, fishing vessels, inland waterway vessels, and seaplanes of Vietnam upon arrival and departure from the port shall be carried out according to the following regulations:

a) Inland waterway vessels shall comply with the regulations of the law on inland waterways;

b) Fishing vessels shall comply with the regulations of the law on fisheries;

c) Military vessels, service vessels, seaplanes, and other watercraft shall comply with the regulations of the law on shipping and other relevant regulations of the law.

Article 59. Conditions for Vessels Leaving the Port

1. Vessels may only leave the port after completing the procedures prescribed in this Decree and obtaining a Port Departure Permit from the Director of the Maritime Port Office, except in the cases stipulated in Clauses 2 and 3 of this Article.

2. Vessels shall not leave the port in the following situations:

a) The vessel lacks the necessary documents and materials regarding maritime safety, maritime security, and environmental pollution prevention as prescribed;

b) The actual draft exceeds the permitted draft limit or the vessel is tilted more than 08 degrees in free-floating condition or the hull is actually not watertight;

c) The vessel carries bulk cargo, grain, oversized or overweight cargo, dangerous goods, or deck-stowed cargo without adequate protective measures suitable for transporting such cargo;

d) The vessel has not been repaired or supplemented with conditions for maritime safety, maritime security, and environmental pollution prevention as required by the Maritime Port Office, maritime inspection authorities, or reasonable requests of other related state management agencies;

đ) There is a detected risk threatening the safety of the vessel, persons, cargo on board, and the marine environment;

e) There is an arrest or detention order for the vessel issued by the court or authorized agency as prescribed by law.

3. If a vessel that has been granted a Port Departure Permit remains at the port for more than 24 hours from the time it received the permit, it must reapply for departure procedures in accordance with Article 56 of this Decree.

4. If a vessel enters the port and stays for no more than 12 hours, the captain must inform the local Maritime Port Office to coordinate with other related state management agencies to handle entry and departure procedures simultaneously.

Article 60. Foreign vessels transiting

1. Application procedures, notification, confirmation:

a) Application procedures:

- Not later than 12 hours from the time the vessel is expected to arrive at the anchorage area for transit, the person handling the procedure shall submit to the Maritime Port Authority in that area a Notification of Arrival at the Port (transit).

- Not later than 02 hours from the time of receiving the notification of the vessel's transit, the Maritime Port Authority must notify permission for the vessel to transit; in case of non-approval, a written response with clear reasons must be provided.

b) The notification and confirmation procedures shall be carried out in accordance with Articles 51, 52, and 55 of this Decree.

2. Place, deadline, and documents when handling procedures:

a) The place and deadline for handling procedures shall be carried out in accordance with Articles 54 and 56 of this Decree.

b) Not later than 02 hours before the vessel transits, the person handling the procedure must submit and present to the Maritime Port Authority in the area the following documents:

- Required Documents to be Submitted (originals):

+ 01 general declaration form;

+ 01 crew list;

+ 01 passenger list (if applicable);

+ 01 cargo declaration form (if applicable).

- Required Documents to be Presented (originals):

+ Departure permit or equivalent document issued by the competent authority;

+ Certificate of Vessel Registration;

+ Certificates of technical safety of the vessel as prescribed;

+ Certificate of professional competence of the crew members as prescribed;

+ Crew member passports, crew books, or equivalent documents;

+ Certificate of civil liability insurance of the shipowner regarding environmental pollution, if the vessel is specifically used for transporting oil, petroleum products, or other dangerous goods.

+ Passports of passengers (if applicable).

3. Immediately after issuing the Transit Permit according to Model No. 15 of this Decree, the Maritime Port Authority must notify relevant specialized state management agencies along the transit route to coordinate in managing the transit activities of the vessel.

Article 61. Time for Handling Procedures

Specialized state management agencies at seaports must be on duty 24/24 hours a day, including holidays and public holidays, to serve the activities of vessels entering, leaving, and transiting seaports.

Article 62. Procedure and Form of Declaration for Vessels Entering, Leaving, and Operating at Seaports

The submission of vessel documents to specialized state management agencies at seaports can be done via fax, electronic declaration, direct submission, or through postal services. In cases where vessel documents are issued in electronic data format or other forms of documents as prescribed by law, the person handling the procedure only needs to submit copies of the documents and provide the website address of the competent authority issuing the certificate for verification when necessary.

Article 63. Common Procedures for Vessels Entering, Leaving, Transiting, and Operating at Vietnamese Seaports

1. The Ministry of Transport is responsible for promulgating common procedures and types of documents and forms for declaration when vessels enter, leave, transit, and operate at Vietnamese seaports in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party; piloting the implementation of electronic procedures for vessels entering, leaving, transiting, and operating at Vietnamese seaports.

2. Relevant agencies, organizations, and individuals have the responsibility to apply information technology to facilitate electronic declarations when handling procedures for vessels entering, leaving, transiting, and operating at Vietnamese seaports.

3. Investment funds for establishing, managing, and operating the information technology system serving port management and maritime activities shall be sourced from state capital and other lawful sources.

Section 2

PORT SERVICES

Article 64. Mandatory Pilotage System

1. The following types of vessels must use maritime pilotage services when entering, leaving, or navigating within Vietnamese seaports:

a) Foreign vessels with a gross tonnage of 100 GT or more;

b) Vietnamese passenger-carrying, oil-carrying, liquefied gas-carrying, and chemical tankers with a gross tonnage of 1,000 GT or more;

c) Other Vietnamese vessels not specified in Point b of this Clause with a gross tonnage of 2,000 GT or more.

2. Cases exempted from using maritime pilotage services:

a) Foreign vessels with a gross tonnage under 100 GT;

b) Vietnamese passenger-carrying, oil-carrying, liquefied gas-carrying, and chemical tankers with a gross tonnage under 1,000 GT; other Vietnamese vessels with a gross tonnage under 2,000 GT;

c) Vessels with a Vietnamese captain who has been issued a certificate of professional competence for maritime pilotage and a certificate of operational area for maritime pilotage suitable to the type of vessel and mandatory pilotage area, which are permitted to navigate independently but must notify the relevant Port Maritime Authority in advance before mobilizing the vessel.

3. The master of vessels specified in Clause 2 of this Article may request a pilot to guide the vessel if deemed necessary.

Article 65. Provision of Maritime Pilotage Services

1. The person handling the application for provision of maritime pilotage services shall submit the request to the pilotage organization no later than six hours before the expected time of the pilot boarding the vessel; in urgent cases to prevent marine accidents, the submission deadline may be earlier.

2. In case of changing the time of the pilot boarding or canceling the request for provision of maritime pilotage services, the person handling the application must notify the pilotage organization at least three hours before the expected time of the pilot boarding the vessel.

3. The pilotage organization is responsible for planning daily vessel guidance based on the requests for provision of maritime pilotage services stipulated in Clause 1 and Clause 2 of this Article. The daily vessel guidance plan includes the following contents: name, nationality, basic technical characteristics of the vessel, location of the vessel's anchorage, time of the pilot boarding the vessel, berth or location where the vessel is expected to anchor, name of the pilot assigned to guide the vessel, and other necessary contents.

4. No later than 16:00 each day, the pilotage organization must send the next day's vessel guidance plan to the Port Maritime Authority to establish plans for vessel entry, departure, transit, or navigation within the port waters; in case of changes or additional requirements, they must immediately inform the Port Maritime Authority to timely adjust the vessel mobilization plan for that day. The Port Maritime Authority establishes and sends the vessel mobilization plan to the pilotage organization and port enterprises no later than 17:00 each day.

5. The pilotage organization, port enterprises, masters, pilots guiding vessels, and other related organizations and individuals have the responsibility to implement the vessel mobilization plan of the Port Maritime Authority.

6. Pilots guiding vessels have the responsibility to wait at the location for boarding the vessel; the waiting time shall not exceed four hours from the expected time of the pilot boarding the vessel, except in cases where the person handling the application requests a change in the time of vessel guidance and obtains approval from the Port Maritime Authority; beyond this period, the request for provision of maritime pilotage services will be canceled, and the person requesting the service must pay waiting fees according to regulations.

7. No later than one hour after receiving the vessel mobilization plan from the Port Maritime Authority, the pilotage organization must confirm back to the person handling the application about the location and expected time of the pilot boarding the vessel; if the pilot boards the vessel later than the confirmed time or at a different location, causing the vessel to wait or move to another location, the pilotage organization must pay waiting fees for the vessel according to regulations; the person handling the application must immediately inform the Port Maritime Authority and the pilotage organization to take timely measures to resolve the situation according to regulations.

Article 66. Responsibilities of Pilotage Services for Vessels

1. Pilotage services for vessels shall be responsible for:

a) Implementing rights and obligations as prescribed in the Vietnam Maritime Code and other relevant laws;

b) Strictly complying with vessel dispatch plans of the Port Maritime Service; in case of refusal to pilot a vessel, they must immediately notify the Port Maritime Service and the maritime pilot organization, clearly stating the reasons for prompt handling;

c) During piloting, if an accident, marine incident, tugboat arrangement, safety conditions for berthing and unberthing at wharves, changes in marine signal status, safety conditions on shipping channels, or other matters that do not ensure safety according to regulations occur or are discovered, they must immediately report to the Port Maritime Service;

d) Advising the master to comply with legal provisions on ensuring maritime safety, maritime security, and preventing environmental pollution; in case the master does not follow the advice, they must promptly report to the Port Maritime Service and the maritime pilot organization.

2. The maritime pilot organization shall be responsible for arranging pilots suitable for the professional capabilities of pilots who have been issued certificates in accordance with the law.

Section 3

MANAGEMENT OF VESSEL ACTIVITIES

Article 67. Requirements for Vessel Activities

1. Vessels may only be permitted to maneuver, anchor, or change position within port waters and shipping channels when there is a Dispatch Order from the Director of the Port Maritime Service. The Dispatch Order from the Director of the Port Maritime Service must be executed promptly, accurately, and fully; in cases where it is deemed insufficient to meet the conditions for implementation, the master has the responsibility to report to the Port Maritime Service for handling.

2. When operating in port waters and Vietnamese territorial waters, all vessels must comply with the International Regulations for Preventing Collisions at Sea as prescribed; simultaneously, the master must implement the following provisions:

a) Maintaining communication with the Port Maritime Service via VHF on the announced channel or other communication devices;

b) Maintaining the operation of the automatic identification system as prescribed;

c) Fully complying with speed regulations on channels, warning signals, watchkeeping systems, and other regulations; must proactively move at a safe speed when passing through areas with underwater activities, dredging operations, buoy deployment, salvage, rescue, fishing activities, or areas with other anchored or maneuvered vessels;

d) Not allowing vessels to pass through areas with bridges or overhead cables crossing channels where the height of the vessel exceeds the allowable clearance height. Navigation on narrow channels shall be carried out in accordance with the regulations of the Director of the Port Maritime Service; the vessel's anchor machines and similar equipment must always be ready to quickly execute the master's commands;

đ) Not dragging anchors or submerged anchors while operating in channels or canals, except in cases where it is necessary to prevent possible maritime accidents;

e) Using tugboats to assist vessels in port waters as prescribed by the Director of the Port Maritime Service;

g) Only conducting diving or underwater work after obtaining approval from the Port Maritime Service. The application procedure is as follows:

- The applicant submits directly or through postal service to the Port Maritime Service a request document according to Model No. 27 of this Decree;

- Within no more than 4 working hours from receiving the request document, the Port Maritime Service will issue a response document; in case of non-approval, the reasons must be clearly stated.

3. In addition to implementing the provisions of this Article, the master or person in charge of vessels engaged in maritime construction projects, dredging vessels, sand extraction vessels, floating cranes, and other construction equipment must obtain permission from the Port Maritime Service area before conducting activities in port waters. The application procedure is as follows:

a) The applicant submits directly or through postal service to the Port Maritime Service a request document according to Model No. 27 of this Decree.

b) Within no more than 4 working hours from receiving the request document, the Port Maritime Service will issue a response document; in case of non-approval, the reasons must be clearly stated.

4. Before completing entry procedures or after completing exit procedures, strictly prohibit persons on board the vessel from transacting with others not belonging to the crew, except for pilots, ship agents, and public servants performing duties on the vessel.

Article 68. Requirements for mooring of vessels

1. When vessels have safely moored at the designated location, the main engine of the vessel must be kept in a state of readiness for operation when necessary; they must be illuminated at night, when visibility is limited, and maintain sufficient signals and warning signs as prescribed.

2. When vessels drift, the captain must immediately take appropriate measures to prevent maritime accidents and incidents and promptly notify the Maritime Port Authority thereof.

3. Simple watercraft without self-propulsion may only moor in designated areas as specified by the Director of the Maritime Port Authority; during the mooring process, there must be sufficient personnel and suitable support equipment available to be mobilized as needed.

Article 69. Responsibilities of port enterprises

1. Arrange berthing locations for vessels or move them. Before 16:00 each day, they must inform the Maritime Port Authority of the plan for vessel entry and departure from the port to establish and implement the vessel dispatch plan; in case of changes, they must immediately inform the Maritime Port Authority to adjust the daily vessel dispatch plan.

2. After receiving the Maritime Port Authority's notification on the vessel dispatch plan, the port enterprise must fulfill the following requirements:

a) Arrange piers with sufficient length and other necessary conditions as prescribed to ensure safe vessel berthing; the pier must have adequate lighting, no obstacles on the surface that could cause hindrance or danger to vessel mooring or other normal crew and passenger activities;

b) Arrange skilled workers to serve the tying and untying of vessels when entering and leaving the pier; mooring posts must be prepared in advance to facilitate quick and safe tying and untying operations. Warning signs must be maintained at tying and untying locations as prescribed;

c) Complete pier preparation at least one hour before the expected vessel arrival if the vessel is coming from the sea into the port, and thirty minutes if the vessel is moving or changing position within the port waters;

d) Ensure security and order conditions in the pier area where vessels load/unload cargo or embark/disembark passengers;

e) Equip and maintain normal operation of communication means to ensure smooth information exchange related to maritime activities at the seaport as prescribed;

f) Maintain technical condition of the pier, warehouses, yards, equipment, depth of water in front of the pier, and other waters under their management and use as prescribed; annually organize surveys and propose the publication of maritime notices for the water in front of the pier and other waters under their management and use. At least once every five years, organize inspections of the technical condition of the seaport, wharf, pier, and floating dock to ensure safety in operation;

g) Implement legal regulations on ensuring maritime safety, maritime security, and preventing environmental pollution at the seaport. In case of maritime accidents, incidents, fires, explosions, or environmental incidents, immediate appropriate preventive measures must be taken, and the Maritime Port Authority and relevant agencies must be notified and handled according to regulations.

Article 70. Berthing of Ships

1. The Director of the Maritime Port Control shall decide to permit ships to berth alongside each other based on maritime safety conditions upon the request of the ship captains, but must ensure the following principles:

a) Ships with a total gross tonnage of 1,000 GT or more may berth two abreast; other types of ships may berth three abreast but must not obstruct normal operations within the port waterway and the area before the quay.

b) Larger vessels may not berth alongside smaller vessels from the outside;

c) Between ships berthing alongside each other, ropes must be properly secured and fenders must be arranged to prevent collision.

d) Only ships providing water, fuel, food, equipment, and supplies, pilot embarkation and disembarkation, firefighting, passenger transfer from passenger ships, or similar service vessels may berth alongside passenger ships.

2. Ship captains must use appropriate ropes when berthing alongside another ship; it is prohibited to secure ropes to beams, frames, or structures of port facilities where securing is not permitted according to regulations.

Article 71. Duty Roster for Ships Operating at Ports

1. During the time ships are operating at sea ports, the ship captain must arrange crew members to stand watch and guard carefully, ready to handle drifting anchor, broken anchor chain, broken mooring ropes, excessively tight or slack mooring ropes, or other safety risks to the ship, cargo, and people on board; they must always maintain machinery, life-saving and fire-fighting equipment, and backup means in a state of readiness.

2. When anchored in port waters, at least two-thirds of the crew members with appropriate positions must remain on board, including the captain or first mate and the chief engineer or second engineer to maneuver the ship or handle emergencies.

3. The Director of the Maritime Port Control is responsible for informing the ship captain of specific plans to avoid typhoons, safe zones, necessary maritime guidance, and preventive measures in port waters and managed areas where the ship is operating.

4. In case of typhoons, ships must quickly move to the safe zone according to the order of the Director of the Maritime Port Control.

Article 72. Procedure for Detaining Ships

1. The Director of the Maritime Port Control decides to detain ships in cases specified in Clause 1 of Article 68 of the Vietnam Maritime Code. The decision to detain ships follows Model No. 16 of this Decree and is immediately sent to the ship captain, the Vietnam Maritime Administration, and relevant state management agencies at the port.

2. Upon receiving the decision to detain ships from the Director of the Maritime Port Control, the ship captain or ship owner, and the ship operator must comply with the requirements stipulated in the decision to detain ships.

3. After the reason for detaining the ship no longer exists, the Director of the Maritime Port Control must issue a decision to terminate the detention of the ship according to Model No. 17 of this Decree and send it to the ship captain, the Vietnam Maritime Administration, and state management agencies at the port.

Section 4

SEARCH AND RESCUE AND HANDLING OF MARITIME ACCIDENTS

Article 73. Obligation to Search and Rescue

1. Ships, military ships, public service ships, inland waterway vessels, and seaplanes encountering danger requiring assistance must issue distress signals as prescribed. Upon discovering an accident or a potential accident, the person who discovers it must immediately issue a distress signal and promptly take appropriate rescue and preventive measures to save lives and property and minimize losses to the lowest extent possible.

2. Rescuing persons in distress is a mandatory obligation for all organizations, individuals, ships, and other means of transport when operating in port waters and Vietnamese territorial seas. Ships that discover or receive distress signals from people or ships in distress at sea or in port waters, if practical conditions allow and do not cause serious danger to themselves, must by all means provide assistance to those in distress, including deviating from their planned course, and must promptly inform relevant organizations and individuals. Ships suffering minor damage must assist ships suffering greater damage regardless of whether the fault causing the accident or incident was theirs.

3. The Director of the Maritime Port Control has the authority to mobilize all forces, equipment of the port, ships, and other means available in the port area to search for and rescue people and means in distress; all entities mobilized have the obligation to comply with the orders of the Director of the Maritime Port Control. For maritime accidents occurring in port waters affecting maritime activities on shipping lanes, the Director of the Maritime Port Control will lead and coordinate with the maritime safety assurance unit in the area to promptly set up warnings, install maritime signals, and issue maritime notices to ensure maritime safety, maritime security, and prevent environmental pollution.

4. The search and rescue coordination agency must be ready to organize and coordinate timely search and rescue operations for people and means in distress within the search and rescue area under its responsibility and has the right to mobilize people and means to participate in search and rescue operations.

5. The Ministry of Transport leads and coordinates with relevant ministries and sectors to develop regulations for coordinating search and rescue operations in port waters and on various seas, to be submitted to the Prime Minister for consideration and decision.

Article 74. Obligation to Report and Investigate Marine Accidents

1. The master of a vessel has the obligation to report to the Director of the Marine Port Control about marine accidents and incidents involving his/her vessel or when discovering such accidents and incidents, as well as damages and malfunctions of maritime signal systems in port waters and Vietnam's territorial waters; to comply with the requirements of the Director of the Marine Port Control and competent authorities in investigating marine accidents in accordance with this Decree and other relevant legal provisions.

2. The Minister of Transport shall provide detailed regulations on reporting and investigating marine accidents.

Section 5

ENSURING MARITIME SAFETY AND SECURITY AND ORDER AND SANITATION AT PORTS

Article 75. Hoisting of Flags on Vessels

The hoisting of flags on vessels operating at ports is regulated as follows:

1. Vietnamese vessels must hoist the flag of the Socialist Republic of Vietnam from sunrise to sunset on the top of the mast on the starboard side of the vessel; foreign vessels must hoist their flags on the highest mast of the vessel.

2. All vessels moored or anchored within the port area must hoist ceremonial flags according to the instructions of the Director of the Marine Port Control on National Day of the Socialist Republic of Vietnam or when the head of state visits the port.

3. Foreign-flagged vessels wishing to hoist ceremonial flags, mourning flags, or sound horns during national holidays must notify and follow the instructions of the Marine Port Control.

4. The Director of the Marine Port Control may exempt certain simple watercraft from the obligation to hoist the Vietnamese flag while operating in port waters.

Article 76. Gangways on Board Vessels

Gangways on board vessels must be illuminated and adjusted appropriately to ensure safety for users; gangway areas must have personnel on duty around the clock and lifebuoys as required; gangways must have handrails and safety nets below.

Article 77. Maritime Safety, Security and Order and Sanitation on Vessels

1. All types of vessels must clearly display their name or number, IMO number (if applicable), and registered port according to regulations.

2. The master of the vessel is responsible for ensuring safety, order, and sanitation on board the vessel in compliance with Vietnamese law. Mooring ropes must have rat guards as required.

3. In addition to crew members and passengers traveling on the vessel, only persons assigned tasks by authorized agencies are permitted to board vessels moored in port waters; when boarding foreign vessels, they must also have permission from the Border Guard or Customs Police, except in cases where they are officials of specialized state management agencies performing official duties. The master is fully responsible for allowing unauthorized persons to board the vessel.

4. Vessels moored in port waters shall not engage in the following activities:

a) Blowing horns or using loudspeakers to communicate, except in emergencies or when sounding horns as ordered by the Director of the Port Maritime Administration;

b) Cleaning chimneys or emitting black smoke;

c) Cleaning cargo holds or decks causing environmental pollution;

d) Pumping out dirty water, sediment, waste, oil, or oil-containing substances and other harmful chemicals;

e) Dumping garbage or other objects into the water or onto the wharf;

f) Leaving equipment and property scattered on the wharf;

g) Rust removal or painting that causes environmental pollution;

h) Conducting repairs, engine tests, or horn tests without approval from the Marine Port Control;

i) Using life-saving and firefighting equipment for purposes other than intended;

k) Swimming or causing disorder in the port;

l) Performing fumigation or rodent control without prior notification and following the instructions of the Marine Port Control;

m) The organization of fireworks by vessels during national ceremonies shall be carried out in accordance with specific regulations issued by the Minister of Culture, Sports and Tourism.

Article 78. Dumping Waste, Discharging Wastewater and Ballast Water

1. Ships operating within the maritime port area must comply with regulations on waste dumping, wastewater discharge, and ballast water pumping as stipulated and guided by the Maritime Port Inspection Authority.

2. Port enterprises or organizations providing ship cleaning services at maritime ports must arrange facilities to collect waste, wastewater, oily mixtures, and other hazardous liquids from ships for treatment or transfer to competent authorities for processing, and may charge service fees according to legal provisions.

3. The Ministry of Transport shall coordinate with relevant ministries and sectors to detail regulations on managing the collection and disposal of waste from ships in the maritime port waters.

Article 79. Sports Activities, Search and Rescue Drills, and Maritime Security Operations

1. Organizing sports competitions in maritime port waters must comply with legal provisions; prior notice and adherence to guidance from the Maritime Port Inspection Authority are required before implementation.

2. The Ministry of Transport shall direct the Vietnam Maritime Administration to lead and coordinate with relevant agencies and units to organize joint search and rescue maritime drills, and maritime security drills in maritime port waters and Vietnamese territorial seas as prescribed by law.

Article 80. Passenger and Cargo Transportation, Mineral Exploitation, and Fishing Activities in Maritime Port Waters

1. Passenger and cargo transportation, mineral exploitation activities in maritime port waters must comply with relevant legal provisions; prior notification to the Maritime Port Inspection Authority is required before commencement.

2. Setting bottom markers, fishing, and aquaculture activities in maritime port waters require approval in writing by the Director of the Maritime Port Inspection Authority to ensure maritime safety, maritime security, and environmental pollution prevention. Procedures are as follows:

a) The applicant submits directly or through postal services to the Maritime Port Inspection Authority a document according to Model No. 27 of this Decree;

b) Within no more than one working day from receipt of the application document, the Maritime Port Inspection Authority shall issue a response document; if not approved, the reasons must be clearly stated.

Article 81. Responsibilities of Ship Captains When Loading and Unloading Cargo, Repairing, and Cleaning Ships in Maritime Port Waters

1. Before commencing cargo loading/unloading, repair, and ship cleaning activities, the captain is responsible for preparing necessary conditions to ensure maritime safety, labor safety protection, and strictly adhering to related legal provisions.

2. The captain may only permit hatch covers to be closed or personnel to enter the hold after thorough inspection and confirmation that there are no dangerous situations present.

3. During cargo operations, if unsafe signs are detected, the captain or cargo handling supervisor must immediately halt work to address the situation.

4. In case of a workplace accident, the captain must promptly organize first aid for the injured, implement measures to limit further consequences, and immediately notify the Maritime Port Inspection Authority; simultaneously, they must report, investigate, record, and submit a workplace accident report as prescribed by labor laws.

Article 82. Ensuring Order and Safety in Port Areas

1. The General Director of the port enterprise shall be responsible for organizing and directing the activities of the port security force in accordance with the provisions of the law and the actual conditions at the port.

2. Specialized state management agencies at seaports may use the port gate area to perform their duties after reaching an agreement with the port enterprise.

3. Organizations, individuals, and means of transport operating within port areas must comply fully with all relevant legal regulations.

Chapter 6

PREVENTION AND RESPONSE TO FIRES, EXPLOSIONS, AND ENVIRONMENTAL INCIDENTS

Article 83. Responsibilities of Port Enterprises and Vessels Regarding Fire Prevention and Explosion Control

1. The captain of vessels operating at seaports has the obligation to implement and supervise the implementation of fire prevention and explosion control regulations.

2. Fire prevention and explosion control equipment of seaports and vessels must be placed in the designated locations and always kept in a ready-to-operate condition.

3. At all places prone to fires and explosions or other areas within the port, on vessels, warning signs or instructions must be displayed according to the provisions of the law.

4. Personnel performing tasks at places prone to fires and explosions on vessels, within ports must be thoroughly trained in fire prevention and explosion control operations.

5. When receiving fuel, vessels must:

a) Prepare fire prevention and explosion control equipment;

b) Close the side doors on the fueling side.

c) Adhere to all technical safety procedures during fuel reception;

d) Assign personnel to monitor on deck and at the fuel reception point.

6. It is strictly prohibited to use fire prevention and explosion control equipment of the port and vessels for other purposes.

7. Strictly prohibit conducting work that produces sparks on the deck, in cargo holds, under engine rooms without prior approval from the Maritime Port Authority.

8. During fuel reception, the following actions are strictly prohibited:

a) Allowing other vessels to dock alongside;

b) Pumping fuel through pipes, hoses, or couplings not meeting technical standards.

9. Permitting ship repairs, cleaning, or other maritime activities in seaport waters that could affect fire prevention and explosion control plans, before making a decision, the General Director of the Maritime Port Authority must seek the opinion of the competent authority regarding fire prevention and explosion control in the area. The procedure is as follows:

a) The person handling the application submits directly or via postal service to the Maritime Port Authority one set of documents including the following papers:

- A request letter according to Model No. 27 of this Decree;

- A copy of the fire and explosion prevention plan;

b) Within the latest two working days from receipt of the request letter, the Maritime Port Authority organizes the solicitation of opinions and issues a response letter, in cases of non-approval, the reasons must be clearly stated.

Article 84. Coordination in Organizing Fire Prevention and Explosion Control at Seaports

1. The General Director of the Maritime Port Authority is responsible for coordinating with the competent fire prevention and explosion control authorities in their jurisdiction to develop necessary fire prevention and explosion control plans for vessels operating in that area according to related regulations.

2. The General Director of the Maritime Port Authority is responsible for commanding rescue operations for vessels involved in fires or explosions within seaport waters until the authorized commander of the specialized fire prevention and explosion control force arrives at the scene.

3. The General Director of the port enterprise is responsible for commanding rescue operations for fire and explosion incidents occurring within port areas until the authorized commander of the specialized fire prevention and explosion control force arrives at the scene.

Article 85. Requirements for Oil Tankers and Other Hazardous Cargo Ships

In addition to the relevant provisions of environmental protection laws, all types of oil tankers and other hazardous cargo ships operating at seaports must strictly comply with the following requirements:

1. It is prohibited for two ships to simultaneously load or unload flammable and explosive goods while alongside each other, except in cases of fuel supply or transfer of oil between two vessels.

2. All types of oil-carrying ships or other hazardous cargo ships at seaports may only be allowed to load or unload goods in designated areas that have been announced.

3. The designated areas under Clause 2 of this Article must be equipped with necessary fire prevention, explosion prevention, and environmental emergency response equipment according to regulations; throughout the period of loading and unloading goods, all such equipment must be kept in a state of readiness for operation.

4. Loading, unloading, and storage of flammable and explosive goods or other hazardous goods must be carried out in accordance with prescribed technical safety procedures and rules.

5. When assembling equipment for pumping oil, gasoline, diesel, liquefied gas, sludge, or other harmful substances, the ship's captain and related parties must appoint representatives to jointly inspect and supervise.

6. In case of incidents or accidents related to oil pumping or the loading and unloading of other hazardous goods, the ship's captain must immediately stop oil pumping or loading/unloading of goods and promptly apply effective preventive measures; at the same time, they must report to the Maritime Port Authority and relevant competent authorities for coordinated rescue operations.

Article 86. Requirements for Environmental Incident Prevention and Response

1. All organizations, individuals, and vessels operating at seaports have the obligation to implement environmental protection laws.

2. In addition to the provisions in Clause 1 of this Article, vessels operating at seaports must comply with the following requirements:

a) All valves and equipment on vessels from which toxic substances could leak must be closed, put in a non-operational state, sealed with lead seals, and marked with warning signs on site; removal of seals or pumping of waste or dirty water through the valves or equipment specified in this clause can only be carried out with the consent of the Director of the Maritime Port Authority and under direct supervision of the authority’s staff. The procedure is as follows:

- The person conducting the procedure sends directly or via postal service to the Maritime Port Authority a request document according to Model No. 27 of this Decree for approval to remove seals or pump waste or dirty water through the valves or equipment;

- Within the latest four working hours from receipt of the request document, the Maritime Port Authority must send a reply document, stating reasons if not approved; the reply document is sent directly or via postal service to the person conducting the procedure.

b) When pumping oily bilge water or other hazardous liquids through deck pipelines, all scuppers on the deck must be plugged and drip pans placed at pipeline connections.

c) All activities related to pumping or discharging oil or other hazardous substances must be recorded in detail in the logbook and be ready for inspection by Vietnamese competent authorities when necessary.

Article 87. Reporting Environmental Pollution Incidents at Seaports

1. The reporting of environmental pollution incidents occurring at seaports must be carried out in accordance with the provisions of the law.

2. In addition to the provisions of Clause 1 of this Article, captains of vessels operating at seaports shall comply with the following requirements:

a) When discovering a risk or act causing environmental pollution, they must immediately notify the Maritime Port Inspectorate; at the same time, clearly record in their vessel's logbook the time, location, and nature of the pollution incident;

b) If the pollution incident arises from the operation of their own vessel, they must promptly apply effective preventive measures and immediately notify the Maritime Port Inspectorate.

Chapter VI

COORDINATION OF ACTIVITIES BETWEEN SPECIALIZED STATE MANAGEMENT ORGANIZATIONS AT SEAPORTS

Article 88. Principles for Coordinating Management Activities

1. State management agencies specialized at seaports when performing their tasks must comply with the provisions of the law, not causing undue inconvenience or affecting the normal operations of port enterprises, ship owners, cargo owners, vessels, and other organizations and individuals within the port area; the Maritime Port Inspectorate has the responsibility to lead and coordinate activities among state management agencies specialized at seaports.

2. State management agencies specialized at seaports have the responsibility to closely cooperate with each other when performing their duties to facilitate the activities of port enterprises, ship owners, cargo owners, vessels, and related organizations and individuals, ensuring safe and efficient operations.

3. Any issues arising related to the functions and responsibilities of other state management agencies must be discussed and resolved promptly; in cases of disagreement, they must immediately inform the Maritime Port Inspectorate to resolve according to the law.

4. When procedures are conducted on vessels in accordance with Point b Clause 2 Article 54, Point a Clause 2 Article 56 of this Decree or in special circumstances determined by the Director of the Maritime Port Inspectorate who assumes responsibility, state management agencies may form a procedure team led by a representative of the Maritime Port Inspectorate, with only one person from each agency participating; specifically for passenger vessels, to expedite the procedures, border guard and customs state management agencies may also send additional personnel to the team, but the number must be approved by the Director of the Maritime Port Inspectorate; if deemed unnecessary to board the vessel, state management agencies may not send representatives to participate in the procedure team as stipulated herein but must immediately inform the Maritime Port Inspectorate of the results of their procedure.

5. In cases where issues arise beyond the authority to resolve of a state management agency, that agency must promptly report to its superior agency for immediate resolution; when necessary, relevant ministries and sectors have the responsibility to coordinate with the Ministry of Transport to resolve the issue, but no later than four hours after receiving the report, they must inform the relevant agencies, organizations, and individuals of their decision.

6. During the performance of their duties, state management agencies have the responsibility to coordinate with other related agencies and organizations in the area to strictly implement legal regulations concerning all maritime activities at seaports.

Article 89. Responsibilities for Coordinating Management Activities

1. The Maritime Port Control Office shall be responsible for organizing coordination among specialized state management agencies at seaports, including:

a) To lead and manage the coordination of management activities between specialized state management organizations at seaports;

b) Organizing and chairing meetings with specialized state management agencies or other agencies, organizations, and enterprises within the port area to exchange and unify solutions to resolve emerging issues in maritime activities within the waters under their jurisdiction;

c) Requesting other specialized state management agencies at the port to promptly report the results of procedures and measures to address emerging issues; requesting port enterprises, ship owners, captains of vessels, and related agencies and organizations to provide data and information on maritime activities at the port;

d) Advising the Chairman of the People's Committee of the province in the area to promptly resolve emerging issues within the province’s or city’s authority that relate to specialized state management activities at the port.

2. Other specialized state management agencies at the port shall be responsible for:

a) Closely coordinating to promptly and legally handle procedures related to vessels, cargo, passengers, and crew members when operating at the port in accordance with this Decree;

b) Promptly informing the Maritime Port Control Office of the results of handling procedures related to vessels, cargo, crew members, and passengers when operating at the port;

c) Immediately informing the Maritime Port Control Office to coordinate in resolving emerging issues after receiving and processing information from the Maritime Port Control Office or provided by the ship owner.

Article 90. Specialized Inspection, Supervision, Oversight, and Custody at Seaports

1. The inspection, supervision, oversight, and custody of vessels, cargo, passengers, crew members, port infrastructure, wharves, and other objects when operating at seaports by state management agencies shall be carried out in accordance with the provisions of this Decree and other relevant laws.

2. Direct supervision and custody on vessels by specialized state management agencies shall only be conducted in the following cases:

a) Vessels showing clear signs of violating the law;

b) Situations necessary to ensure national defense, public security, social safety, and disease prevention and control.

3. Strictly prohibiting officials and civil servants from engaging in arbitrary behavior, self-interest, corruption, harassment, causing inconvenience, and other negative manifestations when performing assigned tasks; all violations will be dealt with according to the law.

Article 91. Responsibilities of Ministries, Sectors, and Localities for the Activities of Specialized State Management Agencies at Seaports

1. Relevant ministries, sectors, and provincial-level People's Committees directly under the Central Government shall be responsible for directing and guiding the activities of subordinate specialized state management agencies to effectively coordinate state management activities at seaports.

2. Conducting inspections, investigations, and strictly dealing with violations according to the law.

3. Implementing the application of information technology in management to facilitate and enhance the efficiency of maritime activities at seaports and shipping channels.

Chapter V

IMPLEMENTING PROVISIONS

Article 92. Effective Date

1. This Decree takes effect from June 1, 2012 and replaces Government Decree No. 71/2006/NĐ-CP dated July 25, 2006 on the management of seaports and maritime channels.

2. Attached to this Decree is one Appendix containing a list of certain forms of declarations, decisions, permits, and applications for use in maritime activities.

Article 93. Implementation Organization

1. The Minister of Transport shall be responsible for leading and coordinating with relevant ministries, sectors, and provincial people's committees under direct central governance to organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial people's committees under direct central governance shall be responsible for implementing this Decree./.