Circular No. 24/2022/TT-BGTVT amending and supplementing Circulars issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam's territorial waters.

CIRCULAR

Provincial People's Committees set specific pricesto amend and supplement the Circulars issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam's territorial waters

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Pursuant to the Vietnam Maritime Code on November 25, 2015;

Pursuant to the Law on Inland Waterway Transport dated June 15,June 2024;2004;

Pursuant to the Law amending and supplementing certain Articles of The Inland Waterway Traffic Law June 17 ENVIRONMENTJune 2024;2004;14;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Transport Department,n lthe Director of the Vietnam Maritime Administration, and the Director of the Vietnam Inland Waterways Administration;

The Minister of Transport hereby promulgates this Circular amending and supplementing the Circulars issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam's territorial waters.

Article 1. Amend and supplement some articles of Circular No. 16/2013/TT-BGTVT dated July 30, 2013, issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam's territorial waters

1. Amend and supplement Clause 1 and Clause 2 of Article 2 as follows:

"1. The Vietnam Maritime Administration shall organize the management of inland waterway transport activities on the route specified in Appendix I attached hereto in accordance with the laws on maritime affairs and inland waterway transport; organize inspections and guidance for the implementation and compliance with the laws on maritime affairs and inland waterway transport concerning the inland waterway transport routes from the mainland to islands at Appendix I attached hereto which have been delegated by the Ministry of Transport to the People's Committees of provinces and centrally-administered cities.

2. The Vietnam Inland Waterways Administration shall organize the management or inspection and guidance for the agencies and units entrusted with the management of other inland waterway transport routes from the mainland to islands announced in accordance with the laws on inland waterway transport; organize inspections and guidance for the implementation and compliance with the laws on inland waterway transport concerning the inland waterway transport routes from the mainland to islands which have been delegated by the Ministry of Transport to the People's Committees of provinces and centrally-administered cities."

"3. On the basis of proposals from the People's Committees of provinces and centrally-administered cities, the Ministry of Transport shall consider and delegate the organization of management of inland waterway transport activities on the proposed routes in accordance with current regulations."

3. Amend Clause 1 of Article 3 as follows:

"The procedures for registering fixed passenger transport services on inland waterway transport routes from the mainland to islands specified in Appendix I attached hereto shall be carried out as follows:

1. Organizations and individuals shall submit directly or through postal service to the maritime port authority of the region, agency, or unit entrusted with the task by the People's Committee of the province or centrally-administered city (in cases where delegation has taken place), or submit online through the public service portal for passenger transport registration applications, including the following documents:

a) A registration form for passenger transport operations as prescribed in Appendix II attached hereto;

b) Written agreement or contract with the port management organization for the vessel to pick up and drop off passengers;

c) Copies accompanied by original documents for verification or electronic copies with legal validity issued by authorized authorities, including: Business Registration Certificate or Enterprise Registration Certificate or Investment Certificate, containing the business scope of passenger transport by inland waterway; Vessel Registration Certificate; Technical Safety and Environmental Protection Certificate of the vessel still valid and suitable for the route of operation."

4. Amending and supplementing Clause 2 of Article 3 as follows:

"2. Within no more than three working days from the date of receipt of complete application files as stipulated in Clause 1 of this Article, the maritime port authority of the region shall send a written request for comments to the Department of Transport of the locality managing the port or wharf. The Department of Transport shall be responsible for replying in writing within three working days from the date of receipt of the document.

For routes delegated by the Ministry of Transport, within no more than three working days from the date of receipt of complete application files as stipulated in Clause 1 of this Article, the agency or unit entrusted with the task by the People's Committee of the province or centrally-administered city shall send a written request for comments to the maritime port authority of the region and the inland waterway port authority under the Vietnam Inland Waterways Administration (hereinafter referred to as the Port Authority) where the inland waterway transport route from the mainland to islands passes through. The Port Authority shall be responsible for replying in writing within three working days from the date of receipt of the document."

5. Amend and supplement Clause 3 of Article 3 as follows:

"3. Within no more than three working days from the date of receipt of complete application files as stipulated in Clauses 1 and 2 of this Article, the maritime port authority of the region or the agency or unit entrusted with the task by the People's Committee of the province or centrally-administered city (in cases where delegation has taken place) shall examine the application. If the application is complete in accordance with the regulations, they shall issue a written approval in the prescribed format in Appendix III attached hereto and send it directly or through postal service or online through the public service portal to the organization or individual providing fixed passenger transport services on the route. If the application is incomplete or invalid, they shall return the application and provide a written explanation of the reasons."

6. Repeal Article 6 of Circular No. 16/2013/TT-BGTVT dated July 30, 2013, issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam's territorial waters.

Article 2. Effective Date

1. This Circular takes effect from December 15, 2022.

2. REPEAL Circular No. 36/2019/TT-BGTVT dated September 12, 2019, issued by the Minister of Transport amending and supplementing Circulars on managing inland waterway transport routes from the mainland to islands in Vietnam's territorial waters; Circular No. 30/2021/TT-BGTVT dated November 30, 2021, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 36/2019/TT-BGTVT dated September 12, 2019, issued by the Minister of Transport amending and supplementing Circulars of the Minister of Transport on managing inland waterway transport routes from the mainland to islands in Vietnam's territorial waters; Circular No. 05/2017/TT-BGTVT dated February 21, 2017, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 16/2013/TT-BGTVT dated July 30, 2013, issued by the Minister of Transport on managing inland waterway transport routes from the mainland to islands in Vietnam's territorial waters; Article 1 of Circular No. 08/2022/TT-BGTVT dated June 16, 2022, issued by the Minister of Transport amending and supplementing certain articles of Circulars related to business activities in the maritime sector.

Article 3. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Directors of the Vietnam Maritime Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Vietnam Ship Survey Bureau, Directors of Provincial Transport Departments, Heads of agencies, units, organizations, and individuals concerned shall be responsible for implementing this Circular./.