Circular No. 21/2022/TT-BGTVT on the management and maintenance of inland waterway construction works

CIRCULAR

Regulations on management and maintenance of works belonging to inland waterway infrastructure

           Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; Law amending and supplementing certain articles of the Inland Waterway Transport Law dated June 17, 2014;

          Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

          Pursuant to Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing certain contents regarding quality management, construction, and maintenance of construction works;

          Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government stipulating the management of inland waterway transport activities;

          Pursuant to Decree No. 45/2018/NĐ-CP dated March 13, 2018 of the Government stipulating the management, use, and operation of assets of inland waterway transport infrastructure;

          On the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterway Administration;

          The Minister of Transport issues this Circular stipulating the management and maintenance of works belonging to inland waterway infrastructure.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management and maintenance of works belonging to inland waterway infrastructure. Works belonging to inland waterway infrastructure serving defense and security purposes are not within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to organizations and individuals related to the management and maintenance of works belonging to inland waterway infrastructure.

Article 3. Explanation of Terms

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

1. Works belonging to inland waterway infrastructure (hereinafter referred to as inland waterway works), including: inland waterway channels, channel protection zones; inland waterway ports, wharves, anchorage areas, ship basins, structures for vessel passage over dams and rapids; revetments, traffic dams; inland waterway navigation aids and auxiliary works: elevation markers, coordinate markers, channel protection zone boundary markers, station houses; works, architectural structures, equipment directly serving the management, maintenance, and exploitation of inland waterway transport (including the system of technology).

2. Maintenance of inland waterway works is a set of tasks aimed at ensuring and maintaining normal and safe operation of the works according to design specifications during exploitation and use. The content of inland waterway work maintenance may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of works; replacement of components and equipment to ensure safe exploitation and use of inland waterway works without including activities that change the function or scale of inland waterway works.

Article 4. Procedures for implementing maintenance of inland waterway works

1. Establish and approve the maintenance procedures for inland waterway works.

2. Develop plans and budgets for the maintenance of inland waterway works.

3. Implement maintenance of inland waterway works and manage the quality of maintenance work.

4. Evaluate the safety of inland waterway works.

5. Establish and manage maintenance records of inland waterway works.

Article 5. Maintenance Procedure for Inland Waterway Engineering Projects

The maintenance procedure for inland waterway engineering projects shall be carried out in accordance with the provisions of Article 31 of Decree No. 06/2021/NĐ-CP dated January 26, 2021, stipulating detailed contents on quality management, construction, and maintenance of construction projects (hereinafter referred to as Decree No. 06/2021/NĐ-CP).

Article 6. Implementation of Maintenance for Inland Waterway Engineering Projects

The implementation of maintenance for inland waterway engineering projects shall be carried out in accordance with the provisions of Article 33 of Decree No. 06/2021/NĐ-CP.

Article 7. Maintenance Costs for Inland Waterway Engineering Projects

Maintenance costs for inland waterway engineering projects shall be implemented in accordance with the provisions of Article 35 of Decree No. 06/2021/NĐ-CP; Circular No. 14/2021/TT-BXD dated September 8, 2021, issued by the Minister of Construction guiding the determination of maintenance costs for construction projects.

Chapter II

MANAGEMENT AND MAINTENANCE OF INLAND WATERWAY ENGINEERING PROJECTS

Article 8. Management of Inland Waterway Engineering Projects

Management of inland waterway engineering projects includes the following tasks:

1. Regular and spot inspections of inland waterway engineering projects to promptly identify signs of deterioration, damages, and violations concerning the protection of the project, and handle them within the scope of authority or recommend higher authorities to handle them according to regulations.

2. Monitoring and observing water levels, hydrological conditions; tracking vessel traffic flow and volume, and compiling data into reports; drawing charts.

3. Tracking inland waterway traffic accidents, cooperating to determine causes and initial losses from accidents; coordinating with competent agencies for search and rescue operations.

4. Preparing files for hazardous locations on inland waterways, obstructions, monitoring, and handling.

5. Ensuring traffic organization; communication; disaster prevention and handling of unusual incidents related to inland waterway engineering projects.

6. Organizing and coordinating the protection of inland waterway infrastructure.

7. Updating relevant data on inland waterway engineering projects.

Article 9. Establishment, Approval, and Implementation of Annual Maintenance Plans for Inland Waterway Engineering Projects Managed by the Ministry of Transport

1. The Vietnam Inland Waterway Administration is responsible for establishing annual maintenance plans and budget estimates for inland waterway engineering projects when requested by authorized agencies, and submitting them to the Ministry of Transport for approval.

2. Annual maintenance plans for inland waterway engineering projects include basic information such as: name of the project; unit of measurement; quantity; estimated budget; time frame; method of implementation; priority level. The annual maintenance plan for inland waterway engineering projects follows Model No. 01 of Appendix I attached hereto.

3. Contents of the annual maintenance plan for inland waterway engineering projects include:

a) Routine maintenance of inland waterway engineering projects including: inspection of inland waterway engineering projects; maintenance of signaling systems; maintenance of signal lights, equipment, information systems, and facilities serving inland waterway routes currently in operation; surveying shallow areas; special tasks in managing and maintaining inland waterways;

b) Periodic repair of inland waterway engineering projects including: dredging and maintenance of inland waterway channels according to published technical grades; repairing ship berths, revetments, station houses, water gauges; clearing obstructions in channels and protected channel zones; repairing, supplementing, and replacing signals, light signals, and other signaling devices; repairing, replacing, and supplementing ancillary structures, equipment, and accessories directly serving the management, maintenance, and operation of inland waterway traffic;

c) Emergency repairs of inland waterway engineering projects including: repairs caused by natural disasters or other unexpected incidents;

d) Other tasks including: periodic surveys of inland waterway channels; traffic control to ensure safety; establishment and adjustment of procedures and standards for management, operation, and maintenance of projects funded by state budgets that have been put into use; testing; monitoring; safety assessment; setting economic and technical standards; application of technology directly serving the management, maintenance, and operation of inland waterway traffic.

4. Procedures for Establishing and Approving Annual Maintenance Plans for Inland Waterway Engineering Projects

a) Annually, based on the technical condition of the projects, information about the scale and structure of the projects, maintenance history, actual conditions of inland waterway engineering projects, other information and data, technical standards, maintenance procedures, economic and technical standards, the Vietnam Inland Waterway Administration reviews, compiles, establishes the maintenance plan and budget estimate for the next year's inland waterway engineering projects, and submits it to the Ministry of Transport before June 15 each year;

b) The Ministry of Transport reviews and approves the maintenance needs and budget estimates for the next year's inland waterway engineering projects before June 30 each year; aggregates the maintenance plans and budget estimates into the annual revenue and expenditure budget of the Ministry of Transport;

c) Based on the approved maintenance needs plan for inland waterway engineering projects by the Ministry of Transport, the Vietnam Inland Waterway Administration reviews and submits to the Ministry of Transport for consideration and approval the list of projects and components to be invested in the next year's maintenance plan;

d) Based on the list at point c of this clause and routine maintenance projects, the Vietnam Inland Waterway Administration is responsible for organizing the preparation, review, approval of project proposals, economic and technical reports, construction drawings, and project estimates;

đ) Based on the Decision on the allocation of the state budget revenue and expenditure plan of the Ministry of Finance and the budget for the maintenance of inland waterway engineering projects, the Vietnam Inland Waterway Administration organizes the review of necessary projects and components, prepares the maintenance plan and budget estimate for inland waterway engineering projects, and submits it to the Ministry of Transport no later than ten days from the date of receipt of the notification of the state budget expenditure plan of the Ministry of Transport.

e) The Ministry of Transport shall organize the approval of the maintenance plan for inland waterway works no later than fifteen days from the date of receipt of the Memorandum submitted by the Vietnam Inland Waterways Administration.

5. Adjustment and supplementation of the maintenance plan for inland waterway works: The Vietnam Inland Waterways Administration shall submit to the Ministry of Transport for consideration and approval of the adjustment and supplementation of the maintenance plan for inland waterway works, and consolidate and submit to the Ministry of Transport for approval of the adjustment and supplementation of the maintenance plan for inland waterway works.

6. The annual maintenance plan for inland waterway works approved by the Ministry of Transport serves as one of the bases for the Vietnam Inland Waterways Administration and managers, operators, and users to implement.

Article 10. Establishment, Approval, and Implementation of Maintenance Plans for Inland Waterway Works Managed and Used by Other Organizations and Individuals

1. The owner or manager/user of the work shall establish, approve, and implement the maintenance of inland waterway works in accordance with Articles 31 and 32 of Decree No. 06/2021/ND-CP.

2. The establishment, approval, and implementation of the maintenance plan for inland waterway works within the management scope of the provincial People's Committees under the central government shall be carried out in accordance with the regulations of the provincial People's Committees under the central government.

Article 11. Monitoring of Inland Waterway Works During Operation and Use

1. Inland waterway works that must be monitored during operation and use are specified in Appendix II attached to this Circular.

2. The monitoring of works specified in Clause 1 of this Article shall be stipulated in the maintenance procedure for inland waterway works, including the following main contents:

a) Monitoring objects: the main load-bearing structures of the works;

b) Monitoring parameters such as tilting deformation, settlement, cracking, sagging, etc., and the limit values of these parameters; monitoring time; measurement cycle and other necessary contents.

3. General requirements for monitoring of inland waterway works during operation and use

a) The monitoring contractor shall prepare a monitoring outline in accordance with the contents prescribed in Clause 2 of this Article and submit it to the owner or manager/user of the work for approval;

b) The monitoring contractor shall carry out monitoring according to the approved monitoring outline. Monitoring data must be analyzed and evaluated; monitoring results must be compared with the design allowable values and relevant technical standards and specifications;

c) In case the monitoring data exceeds the design allowable values or shows abnormal signs, the owner or manager/user of the work must organize inspection, evaluate the cause, and take timely measures to address and handle the situation.

Article 12. Safety Assessment of Inland Waterway Works

1. The procedures and contents of safety assessment of inland waterway works shall be implemented in accordance with Articles 36 and 37 of Decree No. 06/2021/ND-CP.

2. Responsibilities for conducting safety assessments and confirming the results of safety assessments of inland waterway works

a) The responsibility for organizing the safety assessment of inland waterway works shall be carried out in accordance with Article 38 of Decree No. 06/2021/ND-CP;

b) The confirmation of the results of the safety assessment of inland waterway works shall be carried out in accordance with Article 39 of Decree No. 06/2021/ND-CP.

3. The deadline for safety assessment of inland waterway works shall be carried out in accordance with the provisions of laws, technical standards and specifications issued by competent state agencies; approved maintenance procedures, operation and exploitation procedures of the works; requirements of the owner, manager, user of the works or the manufacturer's regulations for equipment installed in the works.

4. An organization qualified to conduct safety assessments of inland waterway works is a testing organization meeting the conditions of capacity as prescribed in Clause 1 of Article 97 of Government Decree No. 15/2021/ND-CP dated March 3, 2021, detailing certain contents on project management. The scope of activities of this organization shall be carried out like the testing organization prescribed in Clause 2 of Article 97 of Government Decree No. 15/2021/ND-CP dated March 3, 2021.

5. The list of works that must be reviewed and notified about the results of the safety assessment by the competent authority is specified in Appendix III attached to this Circular.

Article 13. Management of Quality of Inland Waterway Engineering Maintenance Work

The owner or manager/user of inland waterway engineering facilities shall be responsible for implementing the management of quality of maintenance work on inland waterway engineering facilities in accordance with Article 34 of Decree No. 06/2021/NĐ-CP and other relevant laws.

Article 14. Inspection of Compliance with Regulations on Maintenance of Inland Waterway Engineering Facilities

1. The Ministry of Transport shall develop and issue plans for regular or spot inspections of the implementation of maintenance plans for inland waterway engineering facilities by the Vietnam Inland Waterways Administration.

2. The Vietnam Inland Waterways Administration shall organize the development and issuance of annual and spot inspection plans and conduct inspections to ensure compliance with regulations on maintenance of inland waterway engineering facilities as stipulated in Decree No. 06/2021/NĐ-CP and this Circular.

Article 15. Reporting on Implementation of Maintenance and Safety Assessment of Inland Waterway Engineering Facilities

1. The Vietnam Inland Waterways Administration shall report to the Ministry of Transport on the results of implementing the assigned maintenance plan for inland waterway engineering facilities upon request.

2. The owner or manager/user of the facility shall report to the Vietnam Inland Waterways Administration on the results of implementing maintenance of inland waterway engineering facilities and safety assessment of such facilities, detailed as follows:

a) Report title: report on implementation of maintenance and safety assessment of inland waterway engineering facilities;

b) Content required in the report: name of the facility; owner or manager/user; content implemented; time period; results achieved;

c) Method of submitting/receiving reports: the report shall be presented in paper form or electronic form and submitted to the receiving authority through one of the following methods: direct submission, postal service, software system, other methods as prescribed by law;

d) Frequency of reporting: annually;

đ) Deadline for submitting reports: the owner or manager/user of the facility shall submit the report to the Vietnam Inland Waterways Administration before December 17 each year;

e) Period for finalizing report data: from December 15 of the previous reporting period to December 14 of the current reporting period;

g) Report format: in accordance with Model No. 2 of Appendix I issued together with this Circular.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from November 1, 2022.

2. This Circular replaces Circular No. 01/2019/TT-BGTVT dated January 11, 2019 of the Minister of Transport on management and maintenance of inland waterway engineering facilities.

3. Abolish Article 7 of Circular No. 35/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing certain articles of Circulars regulating periodic reporting systems in the field of inland waterways.

4. Where the referenced documents in this Circular are amended, supplemented, or replaced, they shall be applied according to the provisions of the amended, supplemented, or replacing documents.

Article 17. Implementation Organization

The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Inland Waterways Administration, Directors of Provincial Departments of Transport under central cities and provinces, and related agencies, organizations, and individuals are responsible for enforcing this Circular./.