Decree No. 24/2015/NĐ-CP provides detailed regulations and implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport.

DECREE

Detailed regulations and implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport.The Government issues this Decree detailing and implementing certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport.

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

At the proposal of the Minister of Transport;

This Decree details and implements certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport, including: the scope of the protected waterway channel corridor; conditions for operating new construction, conversion, repair, and restoration facilities for vessels; management of activities at inland waterway ports permitted to receive foreign watercraft; and safety assurance plans when transporting oversized and overweight cargo.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to organizations, individuals, and watercraft related to inland waterway transport activities in Vietnam.

Article 2. Applicability

WATERWAY CHANNEL PROTECTION CORRIDOR,

Chapter II
MANAGEMENT OF NEW CONSTRUCTION, REPAIR, CONVERSION,

RESTORATION OF VESSELS

Article 3. Scope of the protected waterway channel corridor

1. Scope of the protected waterway channel corridor in cases where the channel does not abut the shore.

a) For inland waterway channels on lakes, bays, river mouths to the sea, coastal areas, and special-grade channels: From 20 meters to 25 meters;

b) For Grade I and Grade II inland waterway channels: From 15 meters to 20 meters;

c) For Grade III and Grade IV inland waterway channels: From 10 meters to 15 meters;

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

2. Scope of the protected waterway channel corridor in cases where the channel abuts the shore is calculated from the natural shoreline inward toward the shore by at least 5 meters; in cases where the channel is within urban, town, or township areas, the scope of the protected waterway channel corridor is the red-line boundary according to the approved planning.

3. Based on the characteristics of each area, the inland waterway transport management agency shall take the lead and coordinate with the Department of Natural Resources and Environment to determine the specific natural shoreline for the protection of inland waterway transport works.

Article 4. Determination of the scope of the protected waterway channel corridor in certain special cases

2. In cases where the scope of the protected waterway channel corridor overlaps with the protected corridor of maritime channels, it shall be implemented according to the laws on protecting the maritime channel corridor.

3. In cases where the scope of the protected waterway channel corridor overlaps with the protection range of flood control and dike protection works and hydraulic engineering works, it shall be implemented according to the laws on flood control and dike protection and the laws on exploitation and protection of hydraulic engineering works.

4. For inland waterway channels that have been approved in planning, the determination of the scope of the protected waterway channel corridor must be based on the technical grade of the inland waterway according to the planning to implement.

5. When establishing a project to construct or upgrade and expand an inland waterway route, the project investor must base the determination of the technical grade of the inland waterway route on the planning system of inland waterways, simultaneously determining the scope of the protected waterway channel corridor, developing a plan, and setting up boundary markers after completing the project.

5. When establishing a new investment project for construction or upgrading and expanding an inland waterway route, the project investor must base on the planning of the inland waterway system to clearly determine the technical grade of the inland waterway route, simultaneously determining the scope of the protected navigation channel corridor, developing a plan, and implementing boundary marker placement after completing the project.

The scope of aerial and ground protection for inland waterway engineering works above the air and below the ground as stipulated in Clause 2, Article 14 of the Inland Waterway Traffic Law shall be determined according to the technical level of each inland waterway, ensuring traffic safety, engineering safety, and not affecting the management and maintenance of inland waterways.

Organizations and individuals operating new construction, conversion, repair and restoration of vessels (referred to as new construction and vessel repair facilities) as stipulated in Clause 1, Article 27 of the Inland Waterway Traffic Law must establish a business enterprise in accordance with the provisions of the law, including registering the business of new construction and repair of inland waterway vessels, and must meet the following conditions:

1. Having appropriate physical infrastructure and equipment; having production and business organization plans suitable for the types and sizes of vessels produced and services provided.

2. Having a quality supervision and management department to ensure that products meet all standards and conditions regarding quality, technical safety, and environmental protection as prescribed.

3. Having technical staff and a quality inspection department meeting the requirements for production and business activities, specifically as follows:

a) For new construction, conversion, repair and restoration facilities for vessels carrying 50 people or more; non-motorized vessels with a total deadweight of 200 tons or more; motorized vessels with main engine power of 135 horsepower or more; special-purpose vessels such as floating docks, floating wharves, floating construction equipment, floating houses, floating hotels, dredgers, suction dredgers, and other vessels with a design length of 10 meters or more, there must be a technical department and a product quality inspection department, each department must have at least one shipbuilding engineer and one marine engine engineer;

b) For new construction, conversion, repair and restoration facilities for passenger vessels carrying from 13 to under 50 people; motorized vessels with main engine power from 50 to under 135 horsepower; vessels with a design length of 20 meters or more and a total deadweight under 200 tons; special-purpose vessels such as floating docks, floating wharves, floating construction equipment, floating houses, dredgers, suction dredgers, and other vessels with a design length less than 10 meters, each department must have at least one mid-level vocational education graduate specializing in shipbuilding or a college-level vocational education graduate specializing in shipbuilding and one mid-level vocational education graduate specializing in marine engines or a college-level vocational education graduate specializing in marine engines;

c) For new construction, conversion, repair and restoration facilities for vessels with a design length under 20 meters; motorized vessels with main engine power under 50 horsepower; motorized vessels with main engine power up to 15 horsepower and carrying up to 12 people, there must be at least one shipbuilding craftsman;

d) For new construction, conversion, repair and restoration facilities for traditional wooden vessels built according to generations of local people's experience and recognized as safely inspected (folk vessels), which are vessels with a design length under 20 meters; motorized vessels with main engine power under 50 horsepower; cargo vessels with a total deadweight under 100 tons; vessels carrying under 12 people, there must be at least one skilled worker.

4. Having fire prevention, explosion prevention, safety, labor hygiene plans, and pollution prevention plans approved by competent authorities in accordance with regulations.

Article 7. Responsibilities for managing new construction and repair facilities for vessels

1. The Ministry of Transport shall have the responsibility:

a) Issuing national technical standards for new construction and repair facilities for vessels;

b) Leading and coordinating with relevant ministries, sectors, and localities to develop and announce plans for new construction and repair facilities for vessels.

2. Provincial People's Committees shall be responsible for state management over the activities of new construction and repair facilities for vessels operating within their jurisdiction based on their functions, tasks, and authorities as prescribed.

3. The Ministry of Natural Resources and Environment shall be responsible for coordinating with the Ministry of Transport to provide specific guidance on environmental pollution prevention plans for new construction and repair facilities for vessels.

Chapter III
MANAGEMENT OF ACTIVITIES AT INLAND WATERWAY PORTS PERMITTED TO RECEIVE FOREIGN VESSELS AND TRANSPORTATION PLANS FOR OVERSIZE AND OVERWEIGHT GOODS

PERMITTED TO RECEIVE FOREIGN VESSELS, TRANSPORTATION PLANS FOR OVERSIZE AND OVERWEIGHT GOODS

Article 8. Activities of foreign waterway vessels at inland waterway ports permitted to receive foreign vessels

1. Foreign waterway vessels are waterway vessels that have been registered and issued a registration certificate bearing the flag of a foreign country.

2. When foreign waterway vessels arrive at and depart from inland waterway ports permitted to receive foreign vessels, they must comply with procedures stipulated by maritime laws as if they were arriving at and departing from Vietnamese seaports.

3. Owners or managers, operators, users of inland waterway ports permitted to receive foreign vessels must ensure safety and security conditions, fire prevention and explosion control, and environmental pollution prevention according to the law.

Article 9. Principles for coordinating management activities at inland waterway ports permitted to receive foreign vessels

1. Specialized state management agencies at inland waterway ports permitted to receive foreign vessels must perform their duties in accordance with the law, without causing undue inconvenience or affecting the normal operations of port enterprises, ship owners, cargo owners, vessels, and other organizations and individuals within the port area; the Inland Waterway Port Management Office shall be responsible for leading and coordinating activities among specialized state management agencies at such ports.

2. Specialized state management agencies at inland waterway ports permitted to receive foreign vessels must closely coordinate with each other when performing their duties to facilitate the operations of port enterprises, ship owners, cargo owners, vessels, and other related organizations and individuals, ensuring safe and effective operations.

3. Any issues arising related to the functions and responsibilities of other specialized state management agencies must be discussed and resolved promptly; in cases where there is no agreement, they must promptly inform the Inland Waterway Port Management Office so that it can resolve them according to the law.

4. When procedures are carried out on board vessels as prescribed or in special circumstances determined by the Director of the Inland Waterway Port Management Office who assumes responsibility, specialized state management agencies may form a procedure team led by a representative of the Inland Waterway Port Management Office, with only one person from each agency participating; for passenger vessels, to expedite the procedures, specialized state management agencies for border defense and customs may send additional personnel to the team, but the number must be approved by the Director of the Inland Waterway Port Management Office; if deemed unnecessary to board foreign vessels, specialized state management agencies may not send representatives to the procedure team as stipulated herein but must immediately inform the Inland Waterway Port Management Office of the results of their procedure.

5. If any issues arise beyond the authority to resolve of a specialized state management agency, it must promptly report to its superior agency for immediate resolution; when necessary, relevant ministries and sectors shall cooperate with the Ministry of Transport to resolve the issues according to the law.

1. The Inland Waterway Transport Service has the responsibility to organize coordination among specialized state management agencies at inland waterway ports permitted to receive foreign vessels, including:

a) Taking the lead and directing the coordination of management activities between specialized state management agencies at inland waterway ports permitted to receive foreign vessels;

b) Organizing and chairing meetings with specialized state management agencies or other relevant agencies, organizations, and enterprises within the port area to exchange and unify solutions to address issues arising during inland waterway operations at permitted ports;

c) Requesting other specialized state management agencies at inland waterway ports permitted to receive foreign vessels to promptly report on the results of procedures and measures to resolve emerging issues; requesting port enterprises, ship owners, captains of vessels, and other relevant agencies and organizations to provide data and information about inland waterway operations at permitted ports;

d) Proposing to the Chairman of the Provincial People's Committee in the region to promptly resolve issues within their authority that arise in connection with specialized state management activities at inland waterway ports permitted to receive foreign vessels.

2. Other specialized state management agencies at inland waterway ports permitted to receive foreign vessels have the responsibility to:

a) Closely coordinate to promptly and legally resolve procedures related to vessels, cargo, passengers, and crew when operating at permitted ports according to this Decree and other relevant laws;

b) Promptly inform the Inland Waterway Transport Service of the results of resolving procedures related to vessels, cargo, crew, and passengers when operating at permitted ports;

c) Immediately inform the Inland Waterway Transport Service to promptly resolve emerging issues after receiving and processing information from the Inland Waterway Transport Service or provided by the ship owner.

Article 11. Responsibilities of Ministries, sectors, and localities regarding the activities of specialized state management agencies at inland waterway ports permitted to receive foreign vessels

Ministries, sectors, and People's Committees of provinces and centrally governed cities, based on their functions, tasks, and authorities as prescribed, shall be responsible for:

1. Directing and guiding subordinate specialized state management agencies to effectively coordinate management activities at inland waterway ports permitted to receive foreign vessels.

2. Inspecting, auditing, and handling violations according to the provisions of the law.

3. Implementing the application of information technology in management activities to ensure favorable conditions and efficiency for operations at inland waterway ports permitted to receive foreign vessels.

Article 12. Responsibility for drafting and approving transportation plans for oversized and overweight cargo

1. Oversized cargo refers to cargo with actual dimensions that cannot be disassembled, having a width exceeding 10 meters, or a length exceeding 40 meters, or a height exceeding 4.5 meters.

2. Overweight cargo refers to cargo that cannot be disassembled and has a total weight exceeding 100 tons.

3. Prior to transporting oversized or overweight cargo, the captain of the vessel or the carrier, the transport business operator (referred to collectively as the carrier) must draft a transportation plan and submit it to the competent authority for approval. The transportation plan for oversized and overweight cargo shall include the following main contents:

a) Determination of the width, depth, and radius of curvature of the channel; the clearance height of bridges crossing the river on the proposed route;

b) Location and topography of places where cargo loading and unloading equipment is positioned;

c) Guidelines for ensuring traffic safety and requirements for support (if any);

d) Time and location for rest stops along the journey.

4. Authority to approve transportation plans for oversized or overweight cargo

a) The Vietnam Inland Waterway Administration shall organize the approval of plans to ensure safety during the transportation of oversized and overweight cargo when vessels depart from inland waterway ports and travel on inter-provincial inland waterway routes;

b) The Vietnam Maritime Administration shall organize the approval of plans to ensure safety during the transportation of oversized and overweight cargo when vessels depart from seaports;

c) The Department of Transport shall organize the approval of plans to ensure safety during the transportation of oversized and overweight cargo when vessels depart from inland waterway ports and travel on intra-provincial inland waterway routes.

5. Procedures and formalities for approving transportation plans for oversized and overweight cargo

a) The transportation plan may be submitted directly to the competent authority by the carrier or sent through the postal service;

b) Within two days from the date of receipt of the transportation plan for oversized or overweight cargo, the competent authority specified in Clause 4 of this Article shall be responsible for organizing the review and approval of the plan and sending it to the carrier for implementation. The carrier is not required to pay any fees or charges for the approval of the transportation plan;

c) If the transportation plan does not meet the requirements stipulated in Clause 3 of this Article, the competent authority specified in Clause 4 of this Article must guide the carrier to complete the plan within one day from the date of receipt of the transportation plan.

Chapter IV
IMPLEMENTATION

Article 13. Effective Date

This Decree takes effect from May 1, 2015, replacing Decree No. 21/2005/NĐ-CP dated March 1, 2005, of the Government detailing certain provisions of the Law on Inland Waterway Traffic.

Within five years from the date this Decree takes effect, new and existing vessel construction and repair facilities must fully comply with the conditions prescribed in this Decree.

Article 15. Implementation Organization

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.