Circular No. 23/2011/TT-BGTVT on inland waterway management

✦ 스마트 요약

Circular No. 23/2011/TT-BGTVT stipulates inland waterway management, including classification of inland waterways, announcement of opening and closing channels, channel protection zones, related construction projects, traffic restrictions, and channel notifications. This Circular applies to agencies, organizations, and individuals involved in inland waterway transportation activities.

적용 범위

Agencies, organizations, and individuals involved in inland waterway transportation activities.

핵심 사항

This Circular applies to agencies, organizations, and individuals involved in inland waterway transportation activities.
Inland waterways are classified into national, provincial, and specialized categories; the authority to decide on classification is vested in the Minister of Transport or the Chairman of the People's Committee of the province.
The announcement of opening channels and inland waterway routes shall be made within a maximum period of seven working days according to this Circular.
The width of the channel protection zone ranges from ten meters to twenty-five meters depending on the technical grade of the inland waterway.
Construction projects related to inland waterway transportation must have the approval of the competent state management agency and measures to ensure traffic safety.
Traffic restrictions on inland waterways are defined with different safety measures based on the scope of impact.

🌐 이 문서의 사회적 영향

Positive impacts include strict and effective management of channels and routes, thereby enhancing traffic safety.
Negative impacts include time and effort costs for opening and closing channel announcements, as well as compliance with complex regulations.

❓ 자주 묻는 질문

Which agency has the authority to decide on the classification of inland waterways?

The authority to classify inland waterways is vested in the Minister of Transport and the Chairman of the People's Committee of the province.

How long does it take to announce the opening of channels and routes of inland waterways?

The maximum time to issue an announcement is seven working days. For special cases, the time may be extended.

How is the channel protection zone determined?

The width of the channel protection zone is determined based on the technical grade of the inland waterway, ranging from ten meters to twenty-five meters.

What approvals are required for construction projects related to inland waterway transportation?

These projects must have the approval of the competent state management agency for inland waterway transportation.

How are traffic restrictions on inland waterways defined?

Traffic restrictions are defined based on specific cases, with different safety measures.

전문

CIRCULAR

Regulations on inland waterway management

_____________

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

Pursuant to Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government detailing implementation of certain provisions of the Law on Inland Waterway Transport;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby stipulates regulations on inland waterway management as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates classification of inland waterways; announcement of opening and closing of inland waterway routes; scope of protected waterway corridors and boundary markers; regulations on investment projects for construction works related to inland waterway transport; restrictions on inland waterway transport; measures to ensure safety of inland waterway transport and announcement of inland waterway corridors.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in inland waterway transport activities.

Article 3. Explanation of Terms

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

1. Inland waterways are channels, harbors, structures for vessels to pass over dams, rapids on rivers, canals, creeks, or channels on lakes, lagoons, bays, inlets, along coastal areas, to islands, connecting islands within the internal waters of the Socialist Republic of Vietnam that are organized for management and exploitation of transportation.

2. Vessel navigation channel is a water area delineated by inland waterway marking systems to allow vessels to travel smoothly and safely.

3. Protected channel corridor is the limited area of water or land strip alongside the channel where signaling equipment is installed to protect the channel and ensure safe navigation.

4. Announcement of inland waterway corridor is the publication in writing of characteristics of the channel and route such as channel depth (h), bottom height of the channel (Z), channel width (B), navigable clearance (Hk) according to water level (H) or other issues related to the safety of the channel.

5. Water level (H) is the measured water level index at a specific time at a particular hydrological station on the route or channel being announced.

6. Maximum and minimum water levels (H_max; H_{Maximum Downhill Gradient}) are the highest and lowest water levels recorded at a hydrological station on the route or channel being announced:

- For forecast announcements, they are the highest and lowest water levels predicted to occur within a specified period after the issuance of the announcement;

- For current condition announcements, they are the highest and lowest water levels measured before the issuance of the announcement.

7. Channel depth (h) is the actual measured depth of the channel at a specific time at a particular shoal on the route or channel being announced.

8. Maximum and minimum channel depths (h_max; h_{Maximum Downhill Gradient}) are the highest or lowest channel depths at a specific shoal on the route or channel corresponding to the index H_{Maximum Downhill Gradient}; H_maxat that location on the route or channel being announced.

9. Channel width (B_đ) is the smallest measured width of the channel bottom at a specific shoal on the route or channel being announced.

PART II

REGULATIONS ON CLASSIFICATION OF INLAND WATERWAYS

Article 4. Classification of inland waterways

Inland waterways are classified into national inland waterways, provincial inland waterways, and specialized inland waterways.

1. National inland waterways are inland waterway routes connecting economic, cultural, and social centers, important transportation hubs serving the economy, national defense, and security, or inland waterway routes with international waterborne transport operations.

2. Provincial inland waterways are inland waterway routes within the administrative jurisdiction of provinces or centrally-administered cities, mainly serving the economic and social development of the locality.

3. Specialized inland waterways are vessel navigation channels connecting specialized inland waterway ports and wharves with national or provincial inland waterways, serving the transportation needs of those organizations or individuals.

Article 5. Authority to decide on classification of inland waterways and adjustment of inland waterway types

1. The Minister of Transport decides on the following types of inland waterways:

a) National inland waterways;

b) Special-purpose inland waterways connecting with national inland waterways, special-purpose inland waterways passing through two or more provinces, or special-purpose inland waterways connecting national inland waterways with local inland waterways.

2. The Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee) decides on the following types of inland waterways:

a) Local inland waterways;

b) Special-purpose inland waterways connecting with local inland waterways.

3. Adjustment of inland waterway types:

a) The Chairman of the Provincial People's Committee decides to adjust from local inland waterways to special-purpose inland waterways connecting with local inland waterways, or vice versa, based on the proposal of the Department of Transport;

b) The Minister of Transport decides to adjust the type of inland waterways for cases other than those specified in point a of this clause, based on the proposal of the Vietnam Inland Waterways Administration or the Provincial People's Committee.

Chapter III

PROVISIONS ON ANNOUNCEMENT OF OPENING AND CLOSING OF INLAND WATERWAY CHANNELS AND ROUTES

Article 6. Announcement of opening of inland waterway channels and routes

1. The announcement of opening of inland waterway channels and routes is the decision of the competent authority to bring the inland waterway channels and routes under management and exploitation.

2. Contents of the announcement of opening of inland waterway channels and routes:

a) Type of inland waterway;

b) Length of the channel and route of the inland waterway (place name, hydrographic name, and kilometers according to length); technical grade of the channel and general technical grade of the inland waterway route;

c) Time of commencement of exploitation on the channel and route of the inland waterway.

Article 7. Authority to announce closing and opening of inland waterway channels and routes

The state management agency with the authority to classify inland waterways as stipulated in Clause 1 and Clause 2 of Article 5 of this Circular shall be responsible for announcing the opening and closing of channels and routes of inland waterways within their jurisdiction.

Article 8. Provisions on the dossier for requesting the announcement of opening of inland waterway channels and routes

1. For new construction investment projects of inland waterway channels and routes or improvement and upgrading projects of inland waterway channels and routes:

a) A request for announcement of opening of inland waterway channels and routes (original) in accordance with Appendix No. 1 of this Circular, clearly stating the type of inland waterway proposed for announcement; the length of the channel and route of the inland waterway such as place name, hydrographic name, and kilometers according to length; technical grade of the channel and general technical grade of the inland waterway route; time of commencement of exploitation on the channel and route of the inland waterway;

b) Decision approving the project (original or certified copy);

c) Construction design drawings (photocopy);

d) Completion dossier of the works (photocopy);

2. For waterway channels and routes re-announced or without investment projects:

a) Request for announcement of opening of waterway channels and routes (original copy according to the model prescribed in Appendix 1 of this Circular);

a) A request for announcement of opening of inland waterway channels and routes (original in accordance with the prescribed form in Appendix No. 1 of this Circular);

b) Master plan for development of inland waterway transport already approved by the competent authority (photocopy);

c) Survey map of the current status of the inland waterway channels and routes proposed for announcement (original);

d) Description of the inland waterway channels and routes (original);

đ) Layout diagram of the inland waterway signaling system; organization of inland waterway management along the route (original).

Article 9. Procedures for announcing the opening of inland waterway routes and channels

1. For national inland waterways:

a) The Vietnam Inland Waterways Administration shall prepare one set of documents in accordance with Clause 1 of Article 8 of this Circular to submit to the Ministry of Transport for announcement;

b) Within no more than seven working days, the Ministry of Transport shall issue a decision to announce.

2. For provincial inland waterways:

a) The Department of Transport shall prepare one set of documents in accordance with Clause 1 of Article 8 of this Circular to submit to the Chairman of the Provincial People's Committee for announcement;

b) Within no more than seven working days, the Chairman of the Provincial People's Committee shall issue a decision to announce.

3. For dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two or more provinces or dedicated inland waterways connecting national inland waterways with local inland waterways:

a) Organizations and individuals having dedicated channels shall send one set of documents in accordance with Clause 1 of Article 8 of this Circular via postal service or directly to the Vietnam Inland Waterways Administration;

b) The Vietnam Inland Waterways Administration shall receive the documents; in cases where the documents are not clear or complete as required, they shall guide organizations and individuals to perfect the documents; in cases where the documents are sent via postal service, guidance must be provided in writing;

c) Within no more than seven working days from the date of receiving all required documents, the Vietnam Inland Waterways Administration shall have the results of the review and submit them to the Ministry of Transport for consideration to announce the opening of dedicated inland waterway routes and channels;

d) Within no more than five working days from the date of receiving the documents submitted by the Vietnam Inland Waterways Administration, the Ministry of Transport shall issue a decision to announce the opening of inland waterway routes and channels.

4. For dedicated inland waterways connecting with local inland waterways:

b) The Department of Transport shall receive the documents; in cases where the documents are not clear or complete as required, they shall provide written guidance for organizations and individuals to perfect the documents;

c) Within no more than seven working days from the date of receiving all required documents, the Department of Transport shall submit to the Chairman of the Provincial People's Committee for announcement of the opening of dedicated inland waterway routes and channels;

d) Within no more than five working days from the date of receiving the documents submitted by the Department of Transport, the Chairman of the Provincial People's Committee shall issue a decision to announce the opening of inland waterway routes and channels.

Article 10. Announcement of Closing Inland Waterway Channels and Routes

1. During the operation of inland waterway routes and channels, if it is found that the routes and channels do not ensure safety for transportation activities, there is no longer a need for transportation exploitation, or due to security or defense reasons, the competent authority shall decide to close the inland waterway routes and channels.

2. Organizations and individuals who have prepared documents to request the announcement of the opening of inland waterway routes and channels shall be responsible for preparing a document to submit to the competent authority to decide on the announcement of the closure of inland waterway routes and channels, except in cases of security or defense reasons. The content of the submitted document must clearly state the reasons for closing the inland waterway routes and channels; the length of the inland waterway routes and channels (place names, waterway names, and kilometers of the routes and channels); and the start time of closing the inland waterway routes and channels.

3. The content of the decision to announce the closure of inland waterway routes and channels includes:

a) Reasons for closing inland waterway channels and routes;

b) The length of the inland waterway routes and channels (place names, waterway names, and kilometers of the routes and channels);

c) Time of commencement of closure of inland waterway channels and routes.

Article 11. Procedures for announcing the closure of dedicated inland waterway channels and routes connecting with national inland waterways; dedicated inland waterway channels and routes passing through two or more provinces; or dedicated inland waterway channels connecting national inland waterways with local inland waterways.

1. Organizations and individuals submit the request document to close channels and routes via postal service or directly at the Vietnam Inland Waterways Administration.

2. The Vietnam Inland Waterways Administration receives and reviews the request document from organizations and individuals using dedicated channels. If the document is unclear or incomplete according to regulations, it guides organizations and individuals to complete it.

3. Within the latest five working days from the date of receiving the dossier submitted by the Vietnam Inland Waterways Administration, the Ministry of Transport issues a decision to announce the closure of inland waterway channels and routes.

Article 12. Procedures for announcing the closure of dedicated inland waterway channels and routes connecting with local inland waterways.

1. Organizations and individuals submit the request document to close channels and routes via postal service or directly at the Department of Transport.

2. The Department of Transport receives and reviews the request document from organizations and individuals using dedicated channels. If the document is unclear or incomplete according to regulations, it guides organizations and individuals to complete it.

3. Within the latest five working days from the date of receiving the dossier submitted by the Department of Transport, the Chairman of the Provincial People's Committee issues a decision to announce the closure of inland waterway channels and routes.

Chapter IV

SCOPE OF PROTECTED WATERWAY BUFFER ZONE AND BOUNDARY MARKERS

Article 13. Scope of protected waterway buffer zone.

1. The scope of the protected waterway buffer zone shall be implemented in accordance with Article 3 of Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government.

In cases where the waterway channel is not adjacent to the shore as specified in point a, Clause 1, Article 3 of the Decree, the scope of the protected waterway buffer zone is specifically defined based on the technical grade of the inland waterway as follows:

a) For channels on lakes, bays, river mouths to the sea, and special-grade channels: from over 20 meters to 25 meters;

b) For Grade I and Grade II channels: from over 15 meters to 20 meters;

c) For Grade III and Grade IV channels: from over 10 meters to 15 meters;

d) For Grade V and Grade VI channels: 10 meters.

2. For inland waterway routes that have been approved in planning, the determination of the scope of the protected waterway buffer zone is based on the technical grade of the inland waterway according to the planning to implement.

3. Investment projects to upgrade existing inland waterway routes or new inland waterway route projects must base on the planning to clearly determine the technical grade of the inland waterway route after completion of the project, determine the scope of the protected waterway buffer zone, develop plans, and implement boundary markers.

Determining the scope of the protected waterway buffer zone, developing plans, and implementing boundary markers are considered part of the project.

Article 14. Regulations on setting up boundary markers.

1. Regional inland waterway management units are responsible for determining the scope of the protected waterway buffer zone, revetments, and traffic dams within their management area.

2. After determining the scope of the protected waterway buffer zone, revetments, and traffic dams, boundary markers for the protection zone or warning signals are set up.

3. Boundary markers, after being set up, will be handed over to the management of the commune-level local authorities. The specifications of boundary markers and the distance between boundary markers are carried out according to the Appendix of this Circular.

Article 15. Responsibilities for Setting Boundary Markers

The Vietnam Inland Waterways Administration shall be responsible for:

a) Directing the determination of the scope of the protection zones for channels, embankments, traffic dams, and setting boundary markers;

b) Directing inland waterway management units to coordinate with local authorities at all levels to conduct surveys and set boundary markers on national inland waterway routes;

c) Inspecting and urging the determination of the scope of protection zones and the setting of boundary markers on local inland waterway routes.

2. Provincial People's Committees shall be responsible for directing the determination of the scope of protection zones for channels, embankments, traffic dams, and setting boundary markers on local inland waterway routes.

3. Organizations and individuals managing and operating dedicated channels shall be responsible for determining the scope of protection zones, organizing the setting of boundary markers, managing, and protecting boundary markers within the scope of the channels they manage according to the guidance of specialized management agencies. When implementing, they must coordinate with local authorities at all levels.

4. Project investors who upgrade, renovate, or open new inland waterway routes must hand over complete land clearance files, the scope of protection zones for channels, embankments, traffic dams, and boundary markers when transferring completed inland waterway routes to inland waterway management units.

Chapter V

PROVISIONS ON PROJECTS CONSTRUCTING WORKS RELATED TO INLAND WATERWAY TRANSPORTATION

Article 16. Projects constructing works related to inland waterway transportation.

1. Projects constructing works related to inland waterway transportation, when establishing investment projects, must have written agreements and before construction, must have approval from competent state management agencies regarding inland waterway transportation safety plans.

2. Projects constructing works related to inland waterway transport include:

a) Building permanent bridges, temporary bridges, ferry terminals, cargo handling ports, passenger pick-up and drop-off facilities, and floating structures on inland waterways;

b) Building overhead or underwater pipelines crossing channels;

c) Building embankments, dams, and other rectification works (excluding emergency flood and storm prevention and dike protection works);

d) Building fish ports; security and defense ports;

đ) Excavating channels (excluding annual maintenance dredging of inland waterways);

e) Exploiting resources;

g) Conducting salvage operations and clearing obstructions.

Article 17. Authority to Examine Projects Within the Scope of Channel Protection Zones

1. The competence to provide opinions during the project investment preparation stage is defined as follows:

a) The Ministry of Transport shall examine and provide written opinions on projects of national key importance and group A projects;

b) The Vietnam Inland Waterways Administration shall examine and provide written opinions on group B and C projects on national inland waterways; dedicated inland waterways connecting to national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways;

c) Departments of Transport shall examine and provide written opinions on group B and C projects on local inland waterways; dedicated inland waterways connecting to local inland waterways.

2. Authority to Approve Safety Assurance Plans During Project Implementation is Defined as Follows:

a) The Vietnam Inland Waterways Administration shall approve safety assurance plans for construction activities on national inland waterways; dedicated inland waterways connecting to national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways;

b) Departments of Transport shall approve safety assurance plans for construction activities on local inland waterways; dedicated inland waterways connecting to local inland waterways;

c) For construction works that only fall within the scope of channel protection zones and where the construction period does not exceed 15 days, the regional inland waterway management unit shall examine and approve safety assurance plans.

Article 18. Procedures for obtaining written agreement opinions on national key projects, Group A projects related to inland waterway traffic safety

1. During the project investment planning phase for construction works, in addition to complying with laws on investment and construction, investors shall send one set of documents via postal service or submit directly to the Ministry of Transport to request an opinion agreement. The documents include:

a) A letter requesting the competent state management agency to provide an opinion agreement. The content of the letter must clearly indicate the location, scale, hydrological conditions, and main structures of the work;

b) A plan of the construction site area or a map showing the location of the work with coordinate systems and relative elevation markers linked to the national marker system;

c) In addition to the above requirements, the documents must also include materials according to specific regulations for each case as follows:

- For permanent bridge projects, temporary bridge projects:

+ Data on ship passage clearance (location, bridge span, clear height);

+ Longitudinal section of the work shown on the cross-section of the river;

+ For rotating bridges, lifting bridges, pontoon bridges, the operation and technology of opening and closing must be clearly indicated, along with the expected water areas for mooring vessels while waiting;

- For pipeline and overhead line projects crossing waterways:

+ Drawings and data clearly indicating the lowest point of the line or pipe (the lowest point of the power line including the safe distance from the power grid);

- For underwater tunnel projects:

+ Drawings showing the size and elevation of the top structure of the underwater work;

- For ferry terminal projects:

+ Drawings showing the direction and size of terminals on both banks, auxiliary structures, and necessary water areas for ferry operations;

- For fishery port projects; security and defense ports:

+ Drawings showing the layout of the port area, dimensions and structures of wharves, auxiliary structures, and necessary water areas for port operations;

- For revetment projects, channel improvement projects:

+ Drawings showing the direction and sizes of the work, parts of the work protruding from the bank;

- For dredging and resource extraction projects:

+ Plans, cross-sections, and marker records to determine the dredging, dumping, or resource extraction locations.

2. The Ministry of Transport will accept the documents; if the documents are not clear or complete as required, they will guide organizations and individuals to perfect the documents; in cases where documents are sent via postal service, guidance must be provided in writing.

3. Within the latest seven working days from the date of receiving all documents as required, the Ministry of Transport will issue a written response. If an extension of the review period is needed, the Ministry of Transport must respond in writing, clearly stating the reasons and additional time required.

Article 19. Procedures for obtaining written agreement opinions on Group B and C projects related to national inland waterway traffic safety; dedicated inland waterways connecting to national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways

1. During the project investment planning phase for construction works, in addition to complying with laws on investment and construction, investors shall send one set of documents as specified in Clause 1 of Article 18 of this Circular via postal service or submit directly to the Vietnam Inland Waterway Administration.

2. The Vietnam Inland Waterway Administration will accept the documents; if the documents are not clear or complete as required, they will guide organizations and individuals to perfect the documents; in cases where documents are sent via postal service, guidance must be provided in writing.

3. Within the latest seven working days from the date of receiving all documents as required, the Vietnam Inland Waterway Administration will issue a written response. If an extension of the review period is needed, the Vietnam Inland Waterway Administration must respond in writing, clearly stating the reasons and additional time required.

Article 20. Procedures for obtaining written consent for waterway construction projects within Groups B and C that relate to local inland waterway safety; local inland waterways dedicated to connecting with local inland waterways

1. During the project investment and construction planning phase, the investors of the works specified in Clause 2, Article 16 of this Circular, in addition to complying with laws on investment and construction, shall submit one set of documents as stipulated in Clause 1, Article 18 of this Circular via postal service or directly at the Department of Transport.

2. The Department of Transport shall accept the documents; if the documents are not clear or complete according to regulations, it shall guide organizations and individuals to perfect the documents; in cases where the documents are submitted via postal service, written guidance must be provided.

3. Within no more than seven working days from the date of receiving all required documents, the Department of Transport shall provide a written response. In cases requiring an extension of the review period, the Department of Transport must provide a written response specifying the reasons and additional time needed.

Article 21. Procedures for approving traffic safety assurance plans for construction works on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two or more provinces; dedicated inland waterways connecting national inland waterways with local inland waterways

1. Prior to commencing construction for the works specified in Clause 2, Article 16 of this Circular, the investor or organization/person conducting the project must submit one set of documents via postal service or directly at the Vietnam Inland Waterway Administration. The documents include:

a) A request for approval of the traffic safety assurance plan for inland waterways;

b) The construction plan for the work;

c) The traffic safety assurance plan for the construction site area, including:

- General explanation of the plan;

- Overall layout drawings showing the arrangement of traffic safety signals, positions of control stations, and the arrangement of control equipment;

- Plan for arranging manpower;

- Regulations guiding vessel passage through the construction area;

- Implementation timeframe for the plan.

3. Within no more than five working days from the date of receiving all required documents, the Vietnam Inland Waterway Administration shall issue a written approval. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the Vietnam Inland Waterway Administration must provide a written response specifying the reasons and additional time needed.

4. The investor or organization/person conducting the work and the management unit of the inland waterway construction site area shall jointly determine the construction water area on-site, including:

a) The scope of the construction water area;

b) The current channel conditions within the affected range of the construction work.

5. During the construction process, the investor or organization/person conducting the work must fully implement the traffic safety assurance plan. If changes to the construction plan affect traffic safety in the construction site area, the investor or organization/person conducting the work must resubmit the documents to the competent state management authority for inland waterway traffic for review and approval of adjustments to the traffic safety assurance plan.

Article 22.Procedures for approving traffic safety assurance plans for construction works on local inland waterways; dedicated local inland waterways connecting with local inland waterways

1. Prior to commencing construction for the works specified in Clause 2, Article 16 of this Circular, the investor or organization/person conducting the work must submit one set of documents as stipulated in Clause 1, Article 20 of this Circular via postal service or directly at the Department of Transport.

3. Within no more than five working days from the date of receiving all required documents, the Department of Transport shall issue a written approval. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the Department of Transport must provide a written response specifying the reasons and additional time needed.

a) The scope of the construction water area;

b) The current channel conditions within the affected range of the construction work.

Article 23. Procedures for approving traffic safety plans for construction works within the scope of the national inland waterway channel protection zone; national inland waterways specifically connected to national inland waterways; national inland waterways specifically passing through two or more provinces; national inland waterways specifically connecting national inland waterways with local inland waterways.

1. Prior to commencing construction on projects specified in Clause 2, Article 16 of this Circular, the project proponent or the organization or individual conducting the construction work must submit one set of documents as prescribed in Clause 1, Article 20 of this Circular via postal service or directly at the regional inland waterway management unit.

2. The regional inland waterway management unit shall accept the documents; in cases where the documents are unclear or incomplete according to regulations, it shall guide the organization or individual to complete the documents; in cases where the documents are submitted via postal service, it shall provide guidance in writing.

3. Within the latest five working days from the date of receiving all required documents, the regional inland waterway management unit shall issue a written approval. In cases requiring an extension of the review period, the regional inland waterway management unit must respond in writing, clearly stating the reasons and additional time needed.

Article 24. Upon completion of the project

1. Within thirty days from the date of completing the construction work as specified in Clause 2, Article 16 of this Circular, the project proponent or the organization or individual conducting the construction work must perform the following tasks:

a) Install inland waterway navigation signals in accordance with regulations for the construction work;

b) Organize the sweeping and clearance of obstacles generated during the construction process within the construction site's water area or outside the construction site's water area affecting inland waterway traffic safety;

c) Hand over the channel and the protected channel area to the regional inland waterway management unit including:

- Inspection and sweeping report of the construction site's water area after completion of the construction work between the project proponent or the organization or individual conducting the construction work and the regional inland waterway management unit based on the agreed sweeping plan;

- Confirmation report of the regional inland waterway management unit regarding the installation of inland waterway navigation signals for the construction work in compliance with regulations;

- Handover report of the construction site's channel between the project proponent or the organization or individual conducting the construction work and the regional inland waterway management unit based on the inspection and sweeping results of clearing obstacles in the construction site;

- As-built drawings including:

+ General layout map of the construction work's location and the organized sweeping and clearance of obstacles in the construction site area. The map must be confirmed by the project proponent, the organization or individual conducting the construction work, and the regional inland waterway management unit;

+ Longitudinal section of the construction work (for bridge, power line, pipeline construction crossing above or below the channel), or a cross-section of the river at the location most significantly impacting inland waterway transportation in the area (for bank protection, dam, dredging, obstacle clearance construction), or cross-sections determined during the investment project planning phase (for dredging and resource exploitation projects);

+ Layout diagram of inland waterway navigation signals for the construction work.

2. The regional inland waterway management unit is responsible for monitoring, inspecting, guiding, and urging the project proponent or the organization or individual conducting the construction work to comply with the provisions of Clause 1 of this Article.

3. While the project proponent or the organization or individual conducting the construction work has not complied with the provisions of Clause 1 of this Article, the project proponent or the organization or individual conducting the construction work shall bear responsibility for any consequences resulting from the loss of inland waterway traffic safety in the area.

Chapter VI

PROVISIONS ON TRAFFIC LIMITATIONS FOR INLAND WATERWAYS AND MEASURES TO ENSURE TRAFFIC SAFETY

Article 25. Provisions on traffic safety measures

1. Cases of restricting inland waterway traffic are prescribed in Clause 1, Article 21 of the Inland Waterway Traffic Law.

2. Traffic safety measures in cases of restricting inland waterway traffic are prescribed as follows:

a) Ensuring waterway traffic safety through inland waterway signals when the affected area does not exceed one-third of the width of the channel;

b) Ensuring traffic safety through control stations combined with inland waterway signals when the affected area exceeds one-third of the width of the channel.

3. The competent authority considering and deciding on traffic safety measures according to the provisions of Clause 2 of this Article shall examine and decide.

Article 26. Authority to announce traffic restrictions

Except for the case prescribed in Clause 1 of Article 27 of this Circular, the authority to announce restrictions on inland waterway traffic is prescribed as follows:

1. The Ministry of Transport shall consider announcing restrictions on inland waterway traffic in cases ensuring national security and defense.

2. The Vietnam Inland Waterways Administration shall consider announcing restrictions on inland waterway traffic on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways in cases completely prohibiting inland waterway traffic on channels continuously for 24 hours or more, except for the case prescribed in Clause 1 of this Article.

3. Management units of inland waterways under the Vietnam Inland Waterways Administration shall consider announcing restrictions on inland waterway traffic within their management scope for other cases outside the jurisdiction of the Vietnam Inland Waterways Administration.

4. Departments of Transport shall consider announcing restrictions on inland waterway traffic on local inland waterways and dedicated inland waterways connecting with local inland waterways.

Article 27. Procedures for announcing restrictions on inland waterway traffic

1. Construction works:

Before commencing construction works, organizations or individuals shall submit one set of documents in accordance with Clause 1, Article 21 of this Circular via postal service or directly to the competent authority.

The state management agency authorized for inland waterway traffic as prescribed in Clause 2, Article 17 of this Circular shall, at the latest five working days from the date of receiving complete documents as prescribed, be responsible for implementing the announcement of restrictions on inland waterway traffic. If the documents are not clear or complete as required, they shall guide organizations or individuals to perfect the documents.

2. Organizing sports activities, festivals, or drills on inland waterways:

Organizations or individuals wishing to organize such activities shall send a written request to the state management agency authorized for inland waterway traffic requesting the announcement of traffic restrictions. The request must clearly specify the location, time, scope, and scale of the activity.

The competent authority to announce restrictions on inland waterway traffic as prescribed in Article 26 of this Circular shall examine and determine traffic safety measures and issue a written response within five working days from the date of receipt of the request, and implement the announcement of restrictions on inland waterway traffic. The response must clearly specify requirements for traffic safety measures.

3. Cases of sudden obstacles; flood prevention, typhoon prevention, disaster relief, or national defense and security assurance:

The competent authority to announce restrictions on inland waterway traffic as prescribed in Article 26 of this Circular shall, based on actual requirements, determine traffic safety measures and implement the announcement of restrictions on inland waterway traffic.

4. Costs for announcing traffic restrictions and costs for implementing traffic safety measures during the restriction period shall be borne by organizations or individuals conducting construction works or implementing activities as prescribed in Clauses 2 and 3 of this Article, except in cases of ownerless sudden obstacles.

Article 28. Procedures for announcing restrictions on inland waterway traffic for national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways in cases where inland waterway traffic is completely prohibited on channels for a continuous period of 24 hours or more (except for reasons of national security).

1. Before commencing construction works, organizations or individuals shall submit one set of documents as prescribed in Clause 1, Article 21 of this Circular via postal service or directly to the Vietnam Inland Waterway Administration.

3. Within the latest five working days from the date of receipt of complete documents as prescribed, the Vietnam Inland Waterway Administration shall be responsible for implementing the announcement of restrictions on inland waterway traffic.

Article 29. Procedures for announcing restrictions on inland waterway traffic for national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways in cases where inland waterway traffic is completely prohibited on channels for a continuous period of less than 24 hours.

3. Within the latest five working days from the date of receipt of complete documents as prescribed, the regional inland waterway management unit shall be responsible for implementing the announcement of restrictions on inland waterway traffic.

Article 30. Procedures for announcing restrictions on inland waterway traffic on local inland waterways; dedicated inland waterways connecting with local inland waterways.

3. Within the latest five working days from the date of receipt of complete documents as prescribed, the Department of Transport shall be responsible for implementing the announcement of restrictions on inland waterway traffic.

Chapter VII

ANNOUNCEMENT OF INLAND WATERWAY CHANNELS

Article 31. The announcement of inland waterway channels includes

1. Regular announcement of inland waterway channels:

This refers to periodic announcements about the characteristics of channels and routes during their management and exploitation, excluding flood season periods.

Regular announcements of channels and routes include the following two types:

a) Forecast announcement: This involves issuing periodic announcements every month regarding technical characteristics and anticipated changes of channels and routes based on hydrological forecast data within a certain period.

b) Current status announcement: This involves issuing periodic announcements every week regarding current technical characteristics of channels and routes measured at a specific location and time before the announcement.

2. Emergency announcement of inland waterway channels:

This refers to announcements about unexpected situations occurring on channels and routes such as announcements restricting traffic, route change announcements for vessels, announcements changing lock passage times, flow regulation control announcements, and announcements about obstructions.

3. The flood season is defined as follows:

a) On rivers in the Northern region from June 15 to October 15;

b) On rivers from Thanh Hoá to Hà Tĩnh from July 15 to November 15;

c) On rivers from Quảng Bình to Ninh Thuận from September 1 to December 15;

d) On rivers in Bình Thuận, Southern region, and Tây Nguyên from June 15 to November 30.

Article 32. Contents of the Waterway Traffic Flow Notification

1. The contents of the forecast notification include:

a) The water level changes according to the hydrological forecast for the highest water level (H_max), lowest water level (H_{Maximum Downhill Gradient}) of the following month and the actual measured water level of the nearest day at upstream points (hydrological stations upstream) and downstream points (tide outside the river mouth);

b) Changes in the flow and route, and calculations of the smallest depth (h_{Maximum Downhill Gradient}), largest depth (h_max), and bottom width of the channel (B_đ) based on the forecast hydrological data (H_{Maximum Downhill Gradient}, H_max ). In cases where the route consists of multiple sections with different technical levels, each section selects the shallowest location to notify;

c) Matters to note when vessels navigate through the flow and route. Briefly record other relevant information for the flow notification:

- Water level changes; tides; dredging, control regulation, traffic accidents, obstructions on the river routes;

- Other related issues.

2. The contents of the current status notification include:

a) Measured water level changes at hydrological stations along the routes within the notification scope. For each river route, only select a number of main stations to report water level conditions. At each station, only record the highest water level value (H_max) and the lowest water level value (H_{Maximum Downhill Gradient}b) Changes in the flow and route, listing technical parameters actually measured on the river route based on weekly channel surveys. For each river route, only select one or two shallowest locations to notify. If the river is divided into several sections, each section selects the shallowest area to obtain data for reporting on depth (h) and bottom width of the channel (B

). It is necessary to clearly indicate the date of measurement of the channel values in the notification and briefly note the essential contents._đ3. Emergency notifications:

Depending on specific requirements, notifications can be made in writing, via public communication means, or a combination of both methods to ensure timeliness and accuracy.

Article 33. Authority to issue waterway traffic flow notifications

1. The Vietnam Inland Waterways Administration shall issue forecast notifications for major inland waterway routes, as stipulated in Appendix 3 of this Circular.

2. Regional Inland Waterways Management Branches shall issue current status notifications for inland waterway routes under their jurisdiction, as stipulated in Appendix 4 of this Circular.

3. Departments of Transport shall issue forecast and current status notifications on assigned managed routes, as stipulated in Appendices 3 and 4 of this Circular.

4. Heads of regional inland waterway management units shall issue emergency notifications when there are unexpected situations on managed routes. They are responsible for providing current status channel data to the Regional Inland Waterways Management Branch or the Department of Transport via fax every Wednesday, followed by submission in writing according to the provisions of Appendix 5 of this Circular.

Article 34. Responsibilities of the issuing authority for waterway traffic flow notifications

1. Collect all necessary hydrological, channel, and route data, as well as directly related issues to ensure inland waterway traffic safety before issuing notifications.

2. Issue waterway traffic flow notifications in writing according to the prescribed format.

4. Organize a network for information, monitoring, surveying, and collecting hydrological data from channels and other directly related issues to ensure inland waterway traffic safety for issuing channel and route notifications.

3. Be responsible for the information and data provided in the notifications.

5. In case of necessity, coordinate and cooperate with specialized agencies to collect data serving the issuance of waterway traffic flow notifications.

5. In cases where necessary, contact and cooperate with other specialized agencies to collect data for the issuance of inland waterway route flow notifications.

Chapter VIII

IMPLEMENTATION

Article 35. Responsibility for Implementation

1. The Vietnam Inland Waterway Administration shall organize the implementation and supervise the implementation of this Circular.

2. The Director of the Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Director of the Vietnam Inland Waterway Administration, the Directors of the Departments of Transport of the provinces and centrally governed cities, the Heads of agencies, organizations, and individuals related to this matter shall be responsible for implementing this Circular.

Article 36. Effective Date

1. This Circular shall take effect 45 days from the date of issuance; it replaces Decision No. 27/2005/QĐ-BGTVT dated May 17, 2005 of the Minister of Transport on the Management of Inland Waterways.

2. During the implementation process, any difficulties or obstacles should be promptly reported to the Ministry of Transport for consideration and decision./.

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23/2004/QH11 Luật Giao thông đường thủy nội địa số 23/2004/QH11 만료됨 21/2005/NĐ-CP Nghị định số 21/2005/NĐ-CP Về việc quy định chi tiết thi hành một số điều của Luật Giao thông đường thủy nội địa 만료됨 51/2008/NĐ-CP Nghị định số 51/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải 만료됨 25/2015/QĐ-UBND Quyết định số 25/2015/QĐ-UBND Về việc quy định cấp kỹ thuật và phạm vi hành lang bảo vệ luồng đường thủy nội địa trên sông, kênh thuộc tỉnh Kiên Giang quản lý 만료됨 39/2014/QĐ-UBND Quyết định số 39/2014/QĐ-UBND Ban hành Quy chế phối hợp quản lý phương tiện thủy hoạt động trên địa bàn Thành phố Hồ Chí Minh. 만료됨 11/2012/QĐ-UBND Quyết định số 11/2012/QĐ-UBND Về việc phê duyệt quy hoạch chi tiết phát triển giao thông vận tải đường sông tỉnh tây ninh đến năm 2020 và tầm nhìn sau năm 2020 만료됨 16/2013/QĐ-UBND Quyết định số 16/2013/QĐ-UBND Ban hành quy định về hoạt động trong phạm vi hành lang bảo vệ sông, kênh, rạch; hành lang bảo vệ luồng giao thông đường thủy nội địa trên địa bàn tỉnh Hậu Giang 만료됨 46/2013/QĐ-UBND Quyết định số 46/2013/QĐ-UBND Ban hành Quy định về hành lang bảo vệ luồng, phạm vi bảo vệ kè, đập giao thông trên các tuyến đường thủy nội địa địa phương, tỉnh Hà Nam. 만료됨

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70/2014/TT-BGTVT Thông tư số 70/2014/TT-BGTVT Quy định về quản lý đường thủy nội địa 만료됨

23/2011/TT-BGTVT

Circular No. 23/2011/TT-BGTVT on inland waterway management

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Circular No. 23/2011/TT-BGTVT on inland waterway management

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