Decree No. 24/2001/ND-CP Amending and Supplementing Certain Provisions of the Maritime Activities Management Regulations at Seaports and Marine Areas in Vietnam issued together with Decree No. 13/CP dated February 25, 1994 of the Government.

DECREE OF THE GOVERNMENT

Regarding amendments and supplements to certain provisions of the Maritime Activities Management Regulation at seaports and maritime areas in Vietnam issued together with Decree No. 13/CP dated February 25, 1994 of the Government.

THE GOVERNMENT

 On the basis of the Law on the Organization of the Government dated September 30, 1992;

Based on the Maritime Code of Vietnam dated June 30, 1990;

At the proposal of the Minister of Transport;

DECISION:

Article 1. Amending and supplementing certain provisions of the Maritime Activities Management Regulation at seaports and maritime areas in Vietnam issued together with Decree No. 13/CP dated February 25, 1994 of the Government as follows:

1. Article 5 is amended as follows:

The Minister of Transport shall examine and decide on the opening and closing of seaports and ship channels based on the proposal of the Vietnam Maritime Administration.

2. Article 6 is amended and supplemented as follows:

1. Seaports must be invested in and constructed in accordance with the overall planning for the development of the seaport system in Vietnam that has been approved.

2. All organizations and individuals from Vietnam and abroad who are permitted to invest in constructing seaports or operate and exploit seaports in Vietnam may open seaports, hereinafter referred to as the Investor.

3. The procedure for opening seaports is carried out as follows:

a) Before preparing to invest in and construct seaports:

The Investor sends the Vietnam Maritime Administration a document requesting the opening of the port accompanied by a plan showing the layout of the wharf, the water area in front of the wharf, and the channel section from the national channel to the port. The content of the document clearly states the necessity of investing in and constructing the port, its location, scale, and purpose of use.

Within no more than seven working days from the date of receipt of the above document, the Vietnam Maritime Administration must send a reply document to the Investor. If it does not approve, the Vietnam Maritime Administration must specify the reasons in the reply document.

b) During the process of investing in and constructing seaports:

The Investor must comply with all legal regulations on investment management, construction, bidding, and other relevant current laws when implementing the investment and construction of seaports. Prior to commencing construction of the seaport, the Investor sends the Vietnam Maritime Administration a document approving the technical design.

The Vietnam Maritime Administration is responsible for supervising maritime safety during the construction of the port facility.

c) After completing the construction of the seaport, to implement the announcement of the opening of the seaport for operation and use, the Investor sends the Vietnam Maritime Administration the following documents:

A document requesting the announcement of the opening of the seaport;

The decision on investment in constructing the port by the competent authority;

The final acceptance record for putting the completed port facility into use, accompanied by the as-built plans of the layout, main view, and cross-section of the port facility;

The Notice to Mariners, depth chart, and report on the survey of the seabed in the water area in front of the wharf and the channel section from the national channel to the port;

A certificate from the competent state agency certifying that the project meets environmental standards;

A certificate from the competent state agency certifying that the project meets fire prevention and firefighting conditions.

Within no more than seven working days from the date of receipt of the valid documents mentioned above, the Vietnam Maritime Administration reports to the Ministry of Transport for examination and decision on the announcement of the opening of the seaport.

In cases where re-inspection is deemed necessary, the Vietnam Maritime Administration conducts an inspection before reporting to the Ministry of Transport for the decision on the announcement of the opening of the seaport.

4. The provisions set forth in Section 3 Clause 2 Article 1 of this Decree also apply to new investments in constructing wharfs for ship repair and building facilities, ship channels, and cargo transfer anchorage areas. For new construction, renovation, and upgrading projects within the water area of the announced seaport, after completion, the Vietnam Maritime Administration examines and decides on allowing ships to operate when the Investor has all the valid documents as stipulated in Section 3 Clause 2 Article 1 of this Decree.

3. Article 7 is amended and supplemented as follows:

For projects not included in the seaport opening projects specified in Clause 2 Article 1 of this Decree but which affect maritime safety conditions, the Investor must carry out the following steps:

1. Before preparing to invest:

The Investor sends the Vietnam Maritime Administration a document explaining the construction project to be invested in, including specific details such as the name, location, position, purpose of use, technical specifications, and other requirements related to maritime activities in the area where the project will be built.

Within no more than seven working days from the date of receipt of the Investor's request document, the Vietnam Maritime Administration must send a reply document. If it does not approve, the Vietnam Maritime Administration must send a reply document specifying the reasons.

2. Before putting the project into use:

The Investor must widely announce at least twice consecutively through central or local mass media the following contents:

The name, location, characteristics, water area limits, relevant technical parameters such as the width of the navigable channel, air clearance height, warning signals, navigation time, and the depth of the structure relative to the zero level of the Hydrographic Chart, the start and end times (if applicable) of the project's operations, and other restrictions required to ensure the safety of the project.

4. Article 11 shall be amended and supplemented as follows:

Foreign vessels arriving at Vietnamese seaports or foreign vessels transiting Vietnam to a third country must comply with the following regulations:

1. For vessels transporting goods and passengers, oil exploration vessels, and fishing vessels, the Master of the vessel or the Agent of the Master must submit to the Port Director of the port where the vessel is expected to arrive a "Request for Permission to Enter a Seaport" no later than 48 hours before the estimated arrival at the pilot station. The content of this permit is specified in Section 5 Clause 4 Article 1 of this Decree. Based on the information recorded in the Request for Permission to Enter a Seaport, the Port Director examines and permits the vessel to operate at the port. For foreign vessels operating on fixed routes at Vietnamese seaports, the Master of the vessel or the Agent of the Master must inform the Port Director no later than 24 hours before the vessel arrives at the pilot station.

2. For foreign military vessels operating in Vietnam, the provisions of Government Decree No. 55/CP dated October 1, 1996 on the activities of foreign military vessels visiting the Socialist Republic of Vietnam shall apply.

3. The Prime Minister decides on the permission for foreign nuclear-powered ships to operate in Vietnam, but at least 48 hours before arriving at the pilot station, the ship's master or the ship's agent must notify the Director of the Port Control Office where the ship will arrive.

4. The Minister of Transport decides on the permission for foreign vessels coming to Vietnam to conduct scientific research, rescue operations, salvage sunken assets, towing, training, sports, and marine construction activities at seaports or maritime areas of Vietnam, but at least 48 hours before arriving at the pilot station, the ship's master or the ship's agent must notify the Director of the Port Control Office where the ship will arrive.

5. "Application for Permission to Enter Seaport" shall contain the following contents:

Name of the vessel, type of vessel, nationality, call sign, and place of registration of the vessel;

Name and address of the shipowner, operator of the vessel (if any);

Length, width, height, and draft of the vessel;

Gross tonnage, total deadweight, quantity, and type of cargo carried on the vessel;

Number of crew members, passengers, and other persons accompanying the vessel;

Purpose, expected time of arrival at the port, and expected duration of stay in Vietnam;

Name and address of the shipowner's representative or agent.

6. To promptly handle procedures for permission to enter the port and to proactively plan the operation of the vessel and the port, the shipowner may submit through their representative or agent, or directly to the Port Control Office where the ship will arrive, all relevant documents concerning the vessel, cargo, crew, and passengers; including submission via electronic means.

5. Article 12 shall be amended and supplemented as follows:

Foreign vessels are exempted from the procedure of applying for permission to enter seaports under the following circumstances and regulations:

1. For foreign-flagged vessels of countries that have signed a Maritime Agreement with Vietnam, at least 48 hours before the expected arrival at the pilot station, they must notify the Director of the Port Control Office where the ship will arrive.

2. The master of the vessel is required to anchor temporarily in port waters or other waters due to urgent reasons as follows:

a) Requesting emergency assistance for crew members or passengers on board;

b) Avoiding typhoons;

c) Transferring people, property, or salvaged ships at sea;

d) Rectifying the consequences of maritime accidents or incidents.

In such cases, the master must quickly find ways to contact the Port Control Office or the nearest Vietnamese authorities; simultaneously, there is an obligation to prove that their actions are truly necessary and reasonable. Any abuse of the above provisions will be handled according to the law.

6. Article 20 is amended and supplemented as follows:

To proceed with the procedures for entering the port, the master must prepare the following types of documents:

1. Documents to be presented:

a) Certificate of Registration of Seagoing Vessel or Certificate of Nationality of Seagoing Vessel;

b) Certificates regarding maritime safety and environmental pollution prevention of the vessel issued by authorized agencies;

c) Radio Station License (if it is a Vietnamese seagoing vessel);

d) International Vaccination Certificate of Crew Members and Passengers;

đ) Sanitation Certificate or Exemption from Sanitation;

e) Manifest of Transit Goods or Temporary Import for Re-export Goods; related certificates of exemption from quarantine;

g) Crew Member Passport or Crew Book (or equivalent documents) and Passenger Passport;

h) Crew List (if it is a Vietnamese seagoing vessel);

i) Certificate of Professional Competence of the Master, Officers, and Other Crew Members of the vessel;

k) Certificate of Civil Liability Insurance of the Owner, if it is a specialized vessel transporting oil, oil products, or other dangerous goods;

l) Permit from the competent Vietnamese State agency allowing foreign vessels to operate in Vietnam as stipulated in Section 2, Section 3, Section 4 Clause 4 Article 1 of this Decree;

m) Currency Declaration Form or Crew Baggage Record, if it is a foreign vessel or a Vietnamese seagoing vessel returning from abroad.

2. Documents to be submitted:

7. Article 21 is amended and supplemented as follows:

When handling departure procedures, the master must prepare the following types of documents:

1. Documents to be presented:

a) Payment receipts or other documents according to current regulations to prove that the vessel has settled all related debts;

b) Certificates regarding maritime safety and environmental pollution prevention of the vessel issued by authorized agencies (if there are changes compared to when the vessel entered the port);

c) Crew Member Passport or Crew Book, or equivalent documents and Passenger Passport;

d) Certificate of Professional Competence of the Master, Officers, and Other Crew Members of the vessel (if there are changes compared to when the vessel entered the port);

đ) Crew List (if it is a Vietnamese vessel).

2. Documents to be submitted:

a) Permits issued by the Port Control Office or other state management agencies at the port during the vessel's stay at the port (to be retrieved);

At least 04 hours before the vessel departs from the port, the master must submit the "Departure Manifest" to the Port Control Office.

8. Article 26 is amended and supplemented as follows:

1. All foreign vessels, regardless of size, and Vietnamese ocean-going vessels with a gross tonnage of 2,000 GT or more must have a Vietnamese pilot guide the vessel when entering, leaving, or moving within port waters or other compulsory pilotage areas in Vietnam, and must pay pilotage fees as prescribed by law. For Vietnamese ocean-going vessels with a gross tonnage under 2,000 GT, the Master of such vessels may request a pilot to guide the vessel.

2. Vietnamese Masters who hold a valid Vietnamese marine pilot certificate appropriate to the type of vessel and the pilotage area where the vessel is operating may self-guide the vessel but must ensure safety.

9. Article 27 is amended and supplemented as follows:

1. Except in emergency situations requiring a pilot to avoid accidents, requests for pilotage must be notified to the Pilotage Company and Port Authority at least six hours before the expected time of boarding the pilot on board the vessel.

2. If there is a need to change the boarding time for the pilot or cancel the pilotage request after making the request, notification must be given to the Pilotage Company and Port Authority at least three hours before the expected time of boarding the pilot on board the vessel.

3. The pilot has the responsibility to wait at the agreed location for up to four hours from the scheduled time of boarding the pilot on board the vessel; if this period is exceeded, the pilotage request is considered canceled, and the Shipowner must pay waiting charges for the pilot according to current regulations.

4. Within one hour of receiving a pilotage request, the Pilotage Company must confirm back to the Port Authority, the Master of the requesting vessel, or the agent of the Shipowner regarding the location and time of the pilot's expected boarding. If the pilot boards the vessel later than the confirmed time and at a different location, causing the vessel to wait or move to another location, the Pilotage Company must pay waiting charges for the vessel according to current regulations.

"Article 30.

When conducting activities in port waters and other maritime zones, Masters must strictly comply with the following provisions:

1. Fully comply with all orders for vessel movement issued by the Port Director and maintain continuous communication with the Port Authority on the designated communication channel.

2. Actively avoid collisions with other vessels or structures.

3. In relevant areas, fully comply with speed limits through channels, warning signals, watchkeeping requirements, and other regulations. Must proactively navigate at a safe and reasonable speed when passing through areas with underwater operations, dredging channels, buoy deployment, salvage operations, fishing activities, or when passing through other anchored or moored vessels in that area.

4. Outside specified hours, do not pass under high-voltage power lines, in narrow channels, or in other restricted areas.

5. Mooring equipment and similar devices must always be in a state of readiness to quickly execute the Master's commands.

6. It is prohibited to drag or pull anchors underwater while operating in channels or canals, except in emergencies to limit vessel surge and prevent potential accidents.

7. Vietnamese ocean-going vessels and foreign vessels 70 meters or longer, when maneuvering alongside, departing from, or turning around at piers, buoys, or changing anchorage positions within the pre-pier water area, must use tugboat assistance. Based on actual maritime safety conditions in the area, the Vietnam Maritime Administration will specify the number and horsepower of tugboats required to assist these vessels when operating at ports. Masters of vessels less than 70 meters long may also request tugboat assistance if necessary when operating at ports.

11. Articles 57, 58, 59, and Article 60 are repealed pursuant to Decree No. 92/1999/NĐ-CP dated September 4, 1999, of the Government on administrative penalties in the maritime sector.

12. Article 61 is amended as follows:

The Minister of Transport is responsible for organizing and guiding the implementation of this Regulation.

Article 2. This Decree takes effect fifteen days from the date of signature.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.