Joint Circular No. 21/2013/TTLT-BGTVT-BTNMT guiding management and environmental protection in inland waterway transportation activities

JOINT CIRCULAR

Guidelines on management and environmental protection in transportation activities

Inland Waterway Transport Law

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Pursuant to the Law on Inland Waterway Transport dated August 15, 6 2004;

Pursuant to the Law on Environmental Protection trdated November 29, 2005;

Pursuant to Decree No. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protectionon and Decree No. 2i /2008/NĐ-CP dated February 28, 2008 of the Government amending some articles of Decree No. 80/2006/NĐ-CP; case 2/NĐ-CP dated December 20,1year 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental commitment;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPm, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 2/2013/NĐ-CP dated March 20, 2013 of the Government stipulating the functions, tasks, and organizational structure of the Ministry of Transport and the Ministry of Natural Resources and Environment;

Pursuant to Decree No. 29/202/NĐ-CP dated April 12, 2012 of the Government on certain issues11The Minister of Transport and the Minister of Natural Resources and Environment promulgate this Circular to guide on management and environmental protection in inland waterway transport activities.

Pursuant to Decreeand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 201807/2011. This Circular guides on management and environmental protection in inland waterway transport activities. year ||| 2012 issued by"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."nh phủ qudefining functions, tasks, termination of validity or expiration of the contract term;of the State Treasury;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP concerning the functions of the Ministry of Transport;

BASED ON THE DECREE NO. 21/2013/NĐ-CP OF MARCH 4, 2013June 2024;2. This Circular applies to organizations and individuals related to inland waterway transport activities.onvề nhiệm vụ và cơ cấu tổ chức của Bộ Tài nguyên và Môi trường;

Article 2. Environmental ProtectionFor inland waterway vesselsand sea vessels tr1. Inland waterway vessels (hereinafter referred to as vessels) and sea vessels operating on inland waterways must comply with the following environmental protection regulations:This Resolution takes effect from the date it is adopted by the National Assembly.a) Vessels must comply with current laws and regulations regarding national technical standards for preventing pollution from inland waterway vessels;,

Article 1. Scope of regulation and subjectsutedThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

b) Sea vessels must comply with current laws and regulations regarding national technical standards for marine pollution prevention systems on vessels;

c) Vessels and sea vessels operating on inland waterways must have shielding equipment to prevent cargo from falling and dust from spreading, causing environmental pollution;

d) No waste shall be discharged into inland waterways;e) Vessels and sea vessels must have an oil spill response plan and chemical spill response plan in accordance with current laws and regulations; againstớf) In case of an oil spill or chemical spill caused by vessels or sea vessels, the vessel owner or shipowner must implement emergency response measures according to current laws and regulations.ograms and2. In addition to the provisions of Clause 1 of this Article, specialized vessels must comply with the following regulations:a) Passenger vessels: hazardous, flammable, and explosive goods must not be transported together with passengers;b) Liquefied gas carriers must comply with current laws and regulations regarding classification and construction of steel-hulled ships, ensuring safety, fire prevention, and environmental protection;

c) Vessels collecting, temporarily storing, and transporting hazardous waste must comply with current laws and regulations regarding hazardous waste management;

d) Vessels carrying industrial explosives and dangerous goods must have permits for transporting industrial explosives and dangerous goods and ensure safety in the storage and transportation of such items.

3. Vessels operating in port areas must:

a) Be subject to inspection and supervision by the Port Authority or the Port Management Board regarding environmental protection when handling entry and exit procedures at ports;

b) Not allow leakage, overflow, seepage, or release of waste or cargo into the environment during cargo loading and unloading, hull scraping, repainting, cleaning of engine decks, and cleaning of cargo holds containing hazardous materials;

c) Waste and pollutants generated on vessels must be collected and transferred to organizations responsible for receiving and treating them in accordance with current laws and regulations.

e) In the event of an oil spill incident, the vessel or ship causing the incident must implement oil spill response measures in accordance with current laws.

2. In addition to the provisions of Clause 1 of this Article, specialized vessels and ships must comply with the following regulations:

a) Passenger-carrying vessels and ships: shall not carry harmful, flammable, or explosive goods together with passengers;

b) Liquid gas-carrying vessels and ships shall comply with current laws on classification and construction of steel-hulled ships and ensure safety, fire prevention, and environmental protection;

c) Vessels and ships collecting, temporarily storing, and transporting hazardous waste must comply with current laws on hazardous waste management;

d) Vessels and ships carrying industrial explosives and dangerous goods must have a permit for transporting such materials and ensure safety in the storage and transportation of industrial explosives and dangerous goods.

3. Vessels and ships operating in port areas must:

a) Be subject to inspection and supervision by the Port Authority or the Wharf Management Board regarding the environmental protection of the vessel or ship when entering or leaving the port or wharf;

b) Not allow leakage, spillage, seepage, or release of waste or cargo into the environment during cargo loading and unloading, rust removal, repainting of the hull, cleaning of the engine deck, or cleaning of cargo tanks containing harmful or dangerous goods;

c) Waste and pollutants generated on vessels and ships must be collected and transferred to organizations authorized to receive and process them in accordance with current laws.

Article 3. Environmental protection for ports and inland waterway wharfsớEnvironmental protection for ports and inland waterway wharfs

1. The investor of ports and inland waterway wharfs or the lessee operating ports and inland waterway wharfs (referred to as the port and wharf owner) must have one of the following documents during their operation:

a) Decision approving the environmental impact assessment report;

b) Decision approving the supplementary environmental impact assessment report;

c) Decision approving the environmental protection plan;

d) Certificate confirming the registration of meeting environmental standards;

đ) Notification of acceptance of the registration of the commitment on environmental protection.

2. Responsibilities of the port and wharf owner

a) Implement the contents stipulated in one of the documents according to the provisions of Clause 1 of this Article and other current laws and regulations on environmental protection;

b) Organize the collection of waste generated during the operation of the port and wharf and waste from vessels when they are moored at the port and wharf; cooperate with specialized organizations to receive, transport, and process waste according to current laws and regulations;

c) Have staff responsible for environmental protection work;

d) For ports: The port owner must develop an oil spill response plan and submit it to the competent authority for approval.

3. The port and wharf owner engaged in the business of petroleum products and liquefied gas, in addition to implementing the contents prescribed in Clauses 1 and 2 of this Article, must also implement:

a) Develop a plan to prevent and respond to incidents from shore sources and from vessels docked, berthed, or loading/unloading at the port and wharf, and submit it to the competent authority for approval according to current laws and regulations;

b) Specialized equipment for collecting, temporarily storing, and transporting hazardous waste must comply with current regulations on hazardous waste management.

Article 4. Environmental protection for new construction, conversion, repair, and restoration of vessels Environmental protection for new construction, conversion, repair, and restoration of vessels conversion, repair, and restoration of vessels

1. The owner of the facility must fully comply with the requirements stipulated in Clause 1 of Article 3 of this Joint Circular.

2. Subject to inspection and supervision by the inspection agency regarding the quality standards, technical safety, and prevention of environmental pollution of vessels during new construction, conversion, repair, restoration, and upgrading, including the manufacture and installation of vessel pollution prevention structures and equipment.

3. Collect and treat waste generated during the repair, restoration, and new construction of vessels before discharging them into the environment or cooperate with specialized organizations to receive, transport, and process waste according to current laws and regulations.

4. During operation, ensure noise and vibration levels comply with national technical standards for noise and vibration.

5. Have staff responsible for environmental protection work.

Article 5. Environmental protection in planning the development of inland waterway transportation infrastructure

Organizations implementing the planning of the development of inland waterway transportation infrastructure must prepare an environmental strategic impact assessment report according to current laws and regulations.

Article 6. Environmental protection in the construction, renovation, and upgrading of inland waterway transportation infrastructure

1. The project owner of construction, renovation, and upgrading projects of inland waterway transportation infrastructure must prepare an Environmental Impact Assessment Report or an Environmental Protection Commitment based on the content and scale of the project, and submit it to the competent authority for approval.

2. During the construction and operation phases of the project, the project owner or the management and operation unit of the project's facilities have the responsibility to:

a) Strictly implement the contents approved in the Environmental Impact Assessment Report or accepted in the Environmental Protection Commitment;

b) Collect waste and cooperate with specialized organizations to process waste according to current laws and regulations.

Article 7. Responsibilities of the Ministry of Transport

1. Take the lead and coordinate with the Ministry of Natural Resources and Environment to direct and organize the implementation of the contents of this Joint Circular.

2. Inspect and urge the implementation of environmental protection laws in inland waterway transportation activities.

3. Develop an environmental protection plan for inland waterway transportation activities.

4. Organize training and dissemination of environmental protection laws for cadres, civil servants, officials, and employees in units managing inland waterway transportation.

5. Study pilot models and promote environmental protection and pollution treatment models at inland waterway transportation activity facilities.

Article 8. Responsibilities of the Ministry of Natural Resources and Environment

1. Take the lead and coordinate with the Ministry of Transport to develop and submit for approval by the competent authority, or promulgate within its authority: mechanisms, policies, and legal documents on environmental management and protection for inland waterway transport activities.

2. Take the lead and coordinate with the Ministry of Transport to review, compile lists, and measures to address serious pollution sources in inland waterway transport activities, and submit plans for addressing serious pollution sources for approval by the competent authority in accordance with current laws.

3. Take the lead and coordinate with the Ministry of Transport to inspect and supervise environmental management and protection work in facilities engaged in inland waterway transport activities.

4. Compile plans and budget estimates for environmental public services in inland waterway transport activities based on proposals from the Ministry of Transport.

Article 9. Responsibilities of the provincial people's committee in managing the quality and maintenance of housing. DECREES:人民政府各直辖市 Chapter 简称 DECREES:地方人民政府指导：无效e)

1 ||| People's Committee of the province/city directly under the Central Government shall direct:

1. The Department of Transport shall take the lead and coordinate with the Department of Natural Resources and Environment to advise the People's Committee of the province/city directly under the Central Government on directing, guiding, supervising, and inspecting environmental management and protection work, handling environmental pollution issues at facilities engaged in inland waterway transport activities within their jurisdiction; promoting training and education for staff on environmental protection in inland waterway transport activities.

2. The Department of Natural Resources and Environment shall take the lead and coordinate with the Department of Transport to provide guidance on environmental protection for facilities engaged in inland waterway transport activities within their jurisdiction; annually compiling lists of facilities requiring financial support for environmental protection from the environmental public service fund for approval by the competent authority in accordance with the law; inspecting, supervising, statistically analyzing, and evaluating annually to promptly address environmental pollution situations at facilities engaged in inland waterway transport activities.

Article 10. Responsibilities of organizations and individuals related to inland waterway transport activities

1. Implement environmental protection according to this Joint Circular.

2. Prevent, limit, reduce, and mitigate environmental consequences caused by facilities engaged in inland waterway transport activities.

3. Promote environmental protection awareness through education and training in inland waterway transport activities.

4. Comply with inspection and supervision by state agencies authorized to oversee environmental protection.

5. Adhere to other provisions of environmental protection laws.

Article 11. Organization The Head of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Corporation, the Directors of Provincial Department of Transport under central cities and provinces, the Heads of agencies, organizations and individuals related shall be responsible for implementing this Circular.

1. This Joint Circular takes effect from November 1, 2013.

2. During implementation, if there are difficulties or obstacles, organizations and individuals are advised to report to the Ministry of Transport and the Ministry of Natural Resources and Environment for consideration of amendments and supplements.