Circular No. 25/2010/TT-BGTVT on the management of inland waterway port and wharf activities

CIRCULAR

Provisions on the management of activities of

 inland waterway ports and wharfs

______________

 

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

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

Pursuant to Resolution No. 25/NQ-CP dated June 2, 2010 of the Government on simplifying 258 administrative procedures within the scope of management functions of Ministries and sectors;

The Minister of Transport hereby stipulates provisions on the management of activities of inland waterway ports and wharfs as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the management of activities of inland waterway ports and wharfs and the activities of vessels in port and wharf waters.

2. Inland waterway ports and wharfs are classified into cargo ports and wharfs; passenger ports and wharfs; river passenger wharfs; and community wharfs.

Article 2. Applicability

This Circular applies to organizations and individuals investing in construction, management, operation of inland waterway ports and wharfs; using vessels or performing other activities related to inland waterway ports and wharfs.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Cargo port, wharf is an inland waterway port or wharf specialized in loading and unloading goods; serving new construction, repair of vessels or performing other services (if applicable).

2. Passenger port, wharf is an inland waterway port or wharf specialized in boarding and disembarking passengers from vessels and performing other services (if applicable).

3. River passenger wharf is an inland waterway wharf specialized in river passenger transport.

4. Community wharf is an inland waterway wharf exclusively for family activities, receiving vessels with a total weight not exceeding 15 tons, main engine power up to 15 horsepower, or carrying up to 12 people.

5. Port channel is a channel connecting the vessel traffic lane to the area in front of the port or wharf.

6. Port water area is the area in front of the port, anchorage area for vessels, port channel, and service area (if applicable).

7. Wharf water area is the area in front of the wharf and anchorage area for vessels, wharf channel (if applicable).

8. Vessel includes all types of inland waterway vessels, Vietnamese sea vessels, and foreign inland waterway vessels permitted to operate in Vietnam.

9. Foreign vessel includes inland waterway vessels and sea vessels registered by foreign authorities.

10. Port, wharf owner is an organization or individual investing in construction of inland waterway ports and wharfs or entrusted by the investor to manage such ports and wharfs.

11. Port, wharf operator is an organization or individual using inland waterway ports and wharfs for business and operation.

12. Pilot station area is the water area designated by the competent authority for foreign vessels and Vietnamese sea vessels to anchor for pilot embarkation and disembarkation.

13. Port sea water area is the water area under the management of the Maritime Port Authority according to regulations of the Ministry of Transport.

Article 4. Conditions for operation of cargo ports and wharfs; passenger ports and wharfs

1. For cargo ports

a) Not located in areas prohibited for construction according to laws; consistent with the planning for development of inland waterway transport infrastructure; having stable topography and hydrology ensuring safe and convenient entry and exit of vessels;

b) The port water area does not overlap with the vessel traffic lane;

c) The ship bridge structure must meet safety standards; the port channel (if any) must comply with technical standards for inland waterway channels as prescribed;

d) Inland waterway navigation signals must be installed as prescribed;

e) Loading and unloading equipment (if any) must meet technical safety standards and be compatible with the structure and load-bearing capacity of the ship bridge;

f) For dedicated hazardous cargo ports, in addition to the conditions specified in points a, b, c, d, and e of this clause, relevant legal provisions concerning the handling of hazardous cargo must be implemented;

g) Must be announced as an inland waterway port by the competent authority as stipulated in Article 7 of this Circular.

2. For passenger ports

a) Meeting the conditions specified in points a, b, c, d, and g of Clause 1 of this Article;

b) Having safe and convenient passenger boarding bridges; having waiting rooms, port rules, and posted fare schedules; having night lighting for passenger boarding and disembarking.

3. For cargo wharfs

a) Not located in areas prohibited for construction according to laws; having stable topography and hydrology ensuring safe and convenient entry and exit of vessels. If a wharf is located in a prohibited construction area, it may be temporarily used if approved in writing by the competent authority managing that prohibited construction area;

b) The wharf water area does not overlap with the vessel traffic lane;

c) The wharf structure must ensure safety; the wharf channel (if any) must comply with technical standards for inland waterway channels as prescribed;

d) Inland waterway navigation signals must be installed as prescribed;

d) Loading and unloading equipment (if any) must meet technical safety standards and be compatible with the structure and load-bearing capacity of the wharf;

e) For dedicated hazardous cargo wharfs, in addition to the conditions specified in points a, b, c, d, and g of this clause, relevant legal provisions concerning the handling of hazardous cargo must be implemented;

g) Must be granted a permit for operation of an inland waterway wharf by the competent authority as stipulated in Article 7 of this Circular.

4. For passenger wharfs

a) Meeting the conditions specified in points a, b, c, d, and g of Clause 3 of this Article;

b) Having safe and convenient passenger boarding bridges; having waiting areas, wharf rules, and posted fare schedules; having night lighting for passenger boarding and disembarking.

Article 5. Conditions for operating river passenger ferries

1. Not located in areas prohibited from construction under the provisions of the law; consistent with the planning for the development of inland waterway transportation infrastructure; having stable topography and hydrology to ensure safe and convenient operation of vessels.

2. Having roads and bridges for safe and convenient access for people and land vehicles; having sufficient equipment to securely moor vessels; having lighting if operating at night.

3. Installing inland waterway navigation signals as prescribed.

4. Having waiting areas for passengers; having notice boards for rules and fare schedules.

5. For river passenger ferries permitted to carry automobiles, the access routes must meet technical standards suitable for the type of automobile allowed to cross the river.

6. Being granted an Operating Permit for River Passenger Ferries by the competent authority specified in Article 7 of this Circular.

Article 6. Conditions for operating inland waterway civil wharves

1. Not located in areas prohibited from construction under the provisions of the law; having stable topography and hydrology to ensure safe and convenient entry and exit of vessels.

2. The water area of the wharf shall not overlap with the vessel traffic lanes.

3. Installing inland waterway navigation signals as prescribed.

 

 

Chapter II

ANNOUNCEMENT OF INLAND WATERWAY PORTS AND GRANTING OF PERMITS FOR OPERATING INLAND WATERWAY WHARVES

 

Article 7. Competent authorities for announcing inland waterway ports; granting permits for operating inland waterway wharves and river passenger ferries

1. The Minister of Transport announces inland waterway ports and pilot exchange zones for inland waterway ports that receive foreign watercraft.

2. The Director of the Vietnam Inland Waterways Administration announces inland waterway ports that do not receive foreign watercraft located on national inland waterway routes, dedicated inland waterway routes connecting to national inland waterway routes, and dedicated inland waterway routes spanning two provinces or centrally governed cities.

3. The Director of the Inland Waterways Branch under the Vietnam Inland Waterways Administration grants Operating Permits for inland waterway wharves for cargo and passenger wharves within their jurisdiction located on national inland waterway routes, dedicated inland waterway routes connecting to national inland waterway routes, and dedicated inland waterway routes spanning two provinces or centrally governed cities.

4. The Director of the Inland Waterways Inspection Office under the Vietnam Inland Waterways Administration reissues Operating Permits for inland waterway wharves for cargo and passenger wharves within their regional jurisdiction.

5. The Director of the Department of Transport:

a) Announces inland waterway ports that do not receive foreign watercraft; grants Operating Permits for inland waterway wharves for ports and inland waterway wharves located on local inland waterway routes, dedicated inland waterway routes connecting to local inland waterway routes, and port water areas within the administrative boundaries of the locality.

b) Grants Operating Permits for river passenger ferries within the administrative boundaries of the locality.

c) Depending on the actual situation of the locality, the Director of the Department of Transport submits to the Chairman of the Provincial People's Committee for delegation to the People's Committee of the district to grant Operating Permits for inland waterway wharves and Operating Permits for river passenger ferries.

6. In cases where ports and inland waterway wharves (excluding river passenger ferries) managed and operated by an organization or individual are located on a single plot of land that lies on both a national inland waterway route and a local inland waterway route; or on a national inland waterway route and a port water area, such activities will be carried out by the Director of the Vietnam Inland Waterways Administration, the Director of the Inland Waterways Branch, or the Director of the Inland Waterways Inspection Office under the Vietnam Inland Waterways Administration according to the provisions of Clause 2, 3, and 4 of this Article.

Article 8. Procedures for Approval to Construct Inland Waterway Ports

1. For inland waterway ports that do not accept foreign waterway vessels

a) During the investment preparation process, in addition to complying with laws on investment construction, the investor shall send one set of documents via postal service or submit directly to the Vietnam Inland Waterways Administration or the Department of Transport within their jurisdiction as stipulated in Article 7 of this Circular. The documents include:

- An application for approval to construct an inland waterway port according to Model No. 1a in the Appendix of this Circular.

- A layout plan of the wharf area and the water area in front of the wharf confirmed by the inland waterway management unit that the wharf does not lie within the navigation channel protection zone and the water area in front of the wharf does not overlap with the vessel traffic lane.

b) The Vietnam Inland Waterways Administration or the Department of Transport shall receive the documents. If the documents are incomplete or unclear as required, they shall guide organizations and individuals to complete the documents.

c) Within the latest 10 working days from the date of receiving the documents as prescribed, the Vietnam Inland Waterways Administration or the Department of Transport shall examine, and if the conditions specified in points a and b of Clause 1, Article 4 of this Circular are met, issue a document approving the construction of the inland waterway port. If the approval is not granted, it must be replied in writing and specify the reasons.

d) Based on the document approving the construction of the inland waterway port, the investor shall proceed with procedures related to investment and construction of the port project. If the investment project is not approved by the competent authority within 24 months for Group A projects and 12 months for other projects from the date of issuance of the approval document for the construction of the inland waterway port, the approval document for the construction of the inland waterway port will become invalid. If the investor wishes to continue implementing the project, they must reapply for approval to construct the inland waterway port.

2. For inland waterway ports that accept foreign waterway vessels

a) During the investment preparation process, the investor shall send two sets of documents as prescribed in point a of Clause 1 of this Article via postal service or submit directly to the Vietnam Inland Waterways Administration or the Department of Transport within their jurisdiction as stipulated in Article 7 of this Circular.

b) The Vietnam Inland Waterways Administration or the Department of Transport shall receive and review the documents; if the documents are incomplete or unclear as required, they shall guide organizations and individuals to complete the documents.

After reviewing the application for approval to construct an inland waterway port, the Vietnam Inland Waterways Administration or the Department of Transport shall report the review results to the Ministry of Transport along with one set of documents submitted by the investor.

c) The Ministry of Transport shall send a request for comments to the Ministry of National Defense and the Ministry of Public Security; examine the conditions specified in points a and b of Clause 1, Article 4 of this Circular to issue a document approving the construction of the inland waterway port to reply to the investor within 10 working days from the date of receipt of all documents as prescribed. If the approval is not granted, it must be replied in writing and specify the reasons.

d) The validity period of the document approving the construction of the inland waterway port is as prescribed in point d of Clause 1 of this Article.

Article 9. Procedures for Announcing Inland Waterway Ports

1. For ports not receiving foreign waterway vessels

a) After completing port construction, the investor shall send one set of documents via postal service or submit directly at the Inland Waterway Transport Branch under the Vietnam Inland Waterway Administration (for inland waterway ports within the jurisdiction of the Vietnam Inland Waterway Administration) or the Department of Transport. The documents include:

- A request form for announcing an inland waterway port according to Model No. 1 in the Appendix of this Circular;

- A certified copy of the investment decision on constructing the port issued by the competent authority in accordance with laws on investment;

- A certified copy of the legal documents regarding land use rights;

- The original acceptance record of the port project put into operation, accompanied by the as-built plan view and cross-section drawings of the wharf structure;

- A chart of the port waters prepared by a qualified legal entity for designing waterway projects, ensuring compliance with regulations on surveying and preparing topographic charts, and containing all necessary information: location of the water area from km... to km..., banks (left, right), rivers (canals)..., belonging to commune..., district..., province (city)... or determined by coordinates or distance to reference points; boundary dimensions of the water area; depth of the water area, lowest and highest water levels, cargo handling facilities or passenger embarkation/disembarkation facilities; technical grade and length of the port channel; measurement markers; survey date;

- The original confirmation document on the completion of installation of port waterway signals; confirmation of the completion of clearance and removal of obstacles formed during the construction process (if any) by the inland waterway management unit;

- Technical safety and environmental protection certificates of the vessel (if floating docks are used instead of fixed piers);

b) The Vietnam Inland Waterway Administration or the Department of Transport shall receive and examine the documents; if the documents are incomplete, they shall guide organizations and individuals to complete the documents.

Within five working days from the date of receipt of all documents, the Vietnam Inland Waterway Administration shall review the documents, and submit the review results along with the application for announcing the inland waterway port to the Vietnam Inland Waterway Administration.

Within five working days from the date of receipt of all documents as prescribed, the Vietnam Inland Waterway Administration or the Department of Transport shall consider, and if the conditions stipulated in points a, b, c, and d of Clause 1, Article 4 of this Circular are met, issue a decision to announce the inland waterway port according to Model No. 2 in the Appendix of this Circular.

2. For ports receiving foreign waterway vessels

a) After completing port construction, the investor shall send two sets of documents as specified in point a of Clause 1 of this Article via postal service or submit directly at the Vietnam Inland Waterway Administration or the Department of Transport within the scope of jurisdiction as stipulated in Article 7 of this Circular.

b) The Vietnam Inland Waterway Administration or the Department of Transport shall receive and examine the documents; if the documents are incomplete, they shall require the investor to complete the documents.

The Vietnam Inland Waterway Administration or the Department of Transport shall review the documents, and submit the review results along with one set of documents submitted by the investor to the Ministry of Transport.

Within ten working days from the date of receipt of all submitted documents, the Ministry of Transport shall consider, and if the conditions stipulated in points a, b, c, and d of Clause 1, Article 4 of this Circular are met, issue a decision to announce the inland waterway port according to Model No. 2 in the Appendix of this Circular.

The competent authority for announcing inland waterway ports shall base the validity period of the announcement decision on the duration of land use.

4. In cases where a newly constructed port pier needs to be put into immediate use to serve other construction works of the port, the investor may request the competent authority to temporarily announce the completed pier according to the procedures stipulated in Clause 1 or Clause 2 of this Article, but the validity period of the temporary announcement decision shall not exceed twelve months.

Article 10. Procedures for Issuing Permits for Operating Cargo and Passenger Wharfs

1. Procedures for Approving Construction of Wharfs

a) Organizations and individuals wishing to open cargo wharfs or passenger wharfs shall submit to the competent authority issuing permits for operating inland waterway wharfs via postal service or directly one set of documents including:

- An application form for approval to open an inland waterway wharf according to Model No. 3a in the Appendix of this Circular;

- A layout plan of the wharf bridge and the water area in front of the wharf confirmed by the inland waterway management unit that the wharf bridge does not lie within the navigation channel protection zone and the water area in front of the wharf does not overlap with the navigation channel.

b) Within seven working days from the date of receiving complete documents as prescribed, the competent authority shall examine, and if the conditions stipulated at points a and b of Clause 3, Article 4 of this Circular are met, issue an approval opinion on the application form, return it to the organization or individual requesting to open the wharf to proceed with related procedures as prescribed by law and commence construction or reinforcement of the wharf. In case of disapproval, a written response must be provided stating the reasons.

c) Within twelve months from the date the competent authority issues a written approval for wharf construction, the construction project must be approved by the competent authority (for projects requiring approval as prescribed) or must be implemented, otherwise the approval document will become invalid beyond this period.

2. Procedures for Issuing Operation Permits for Wharfs

a) After completing the construction and reinforcement of the wharf and related works, organizations and individuals requesting to open the wharf shall submit one set of documents to the competent authority issuing permits for operating inland waterway wharfs via postal service or directly. The documents include:

- An application form for issuance of an operation permit for an inland waterway wharf according to Model No. 3 in the Appendix of this Circular;

- Certified copies of land use rights certificates or land use contracts as prescribed by law accompanied by a plot map;

- Original layout plans of the wharf water area and approach channels (if any) prepared either by the wharf owner or by a consulting unit but must contain all details: location of the water area along the route from km... to km..., bank (left, right)..., river (canal), belonging to commune..., district..., province (city) or determined distance to reference objects; boundary lines of the water area clearly marked with dimensions; minimum depth of the wharf water area and approach channels corresponding to the water level measured; length and width of the approach channels; wharf bridge for loading/unloading goods or boarding/alighting passengers, survey date for preparing the layout plan;

- Original confirmation documents for completion of installation of inland waterway wharf signals; confirmation of completion of scouring and cleaning of obstructions (if any) by the inland waterway management unit;

- Certified copies of technical safety and environmental protection certificates for floating wharf bridges (if using floating wharf bridges);

- Written approvals from the competent authority for temporary land reclamation in cases where the wharf is opened for soil or sand filling;

- Written approvals from the competent authority for temporary use in cases where the wharf lies within the protected zones of specialized legal works;

b) Within five working days from the date of receiving complete documents as prescribed, the competent authority issuing permits for operating inland waterway wharfs shall examine, and if the conditions stipulated at points a, b, c, and d of Clause 3, Article 4 of this Circular are met, issue an operation permit for an inland waterway wharf according to Model No. 4 in the Appendix of this Circular.

c) The competent authority issuing permits for operating inland waterway wharfs shall base on the land use period, purpose, nature of use (seasonal or permanent) or the request of the wharf owner to specify the validity period of the operation permit for an inland waterway wharf, but the maximum period shall not exceed five years.

3. For cases involving multiple adjacent wharfs (referred to as a wharf cluster), organizations and individuals requesting to open wharfs are permitted to agree in writing to appoint representatives to act on behalf of the wharf owners to handle the procedures for approval of construction and issuance of operation permits for the wharf cluster according to the procedures and formalities prescribed in Clauses 1 and 2 of this Article.

Article 11. Procedures for Issuing Operating Licenses for River Passenger Wharfs

1. Procedures for Approving the Opening of River Passenger Wharfs

a) Organizations or individuals wishing to open a river passenger wharf shall submit to the competent authority issuing the operating license for the river passenger wharf via postal service or directly deliver one set of documents including:

- An application form for approval to open a river passenger wharf with the opinion of the People's Committee of the commune, ward (hereinafter referred to as the People's Committee at the commune level) where the wharf is located according to Model No. 5a in the Appendix of this Circular;

- A document from the inland waterway management unit confirming the location of the wharf ensuring the conditions stipulated in Clause 1 of Article 5 of this Circular.

b) Within no more than ten working days from the date of receiving all required documents as prescribed, the competent authority issuing the operating license for the river passenger wharf shall examine and if the conditions are met as prescribed, issue a document approving the opening of the river passenger wharf so that organizations or individuals can proceed with related procedures in accordance with the law while simultaneously implementing construction of the wharf, installing safety equipment, and signal systems as prescribed.

c) The document approving the opening of the river passenger wharf has validity of twenty-four months for wharfs permitted to carry automobiles and twelve months for other wharfs from the date the competent authority issues the approval document. If the project has not been approved according to regulations or has not been implemented (for projects not requiring approval) beyond the above period, the approval document becomes invalid.

2. Procedures for Issuing Operating Licenses for River Passenger Wharfs

a) After completing the construction of the river passenger wharf, the owner of the river passenger wharf may operate it directly, lease it, or transfer its operation to another organization or individual.

The operator of the river passenger wharf shall submit to the competent authority issuing the operating license for the river passenger wharf via postal service or directly deliver one set of documents including:

- An application form for issuance of the operating license for the river passenger wharf according to Model No. 5 in the Appendix of this Circular;

- A document from the inland waterway management unit confirming the completion of installation of signals for the river passenger wharf;

- A certified copy of land use rights certificates or land lease contracts in accordance with the law accompanied by a plot plan;

- A diagram of the water area of the wharf and the channel leading to the wharf prepared either by the wharf owner or a consulting unit but must include the following contents: the position of the water area along the route from km... to km..., bank (left, right), river (canal)..., belonging to commune..., district..., province (city) or determined distance to reference objects; boundary of the water area clearly marked with dimensions; minimum depth of the water area of the wharf and the channel leading to the wharf corresponding to the water level when measured; length and width of the channel leading to the wharf; passenger boarding and disembarking bridges; survey date for preparing the diagram;

- The original document confirming the completion of dredging and clearance of obstacles in the water area of the wharf (if any) issued by the inland waterway management unit;

- Design drawings and acceptance records for putting the wharf construction project into use for wharfs permitted to carry automobiles;

- Certified copies of registration certificates and technical safety and environmental protection certificates of vessels participating in river passenger transport;

- Lease contract for the wharf or a document from the wharf owner transferring the operation of the wharf to an organization or individual (in cases of leasing the wharf or being assigned to operate the wharf).

b) Within five working days from the date of receiving all required documents as stipulated in point a of this clause, the competent authority shall examine and if the conditions stipulated in Clauses 1, 2, 3, 4, and 5 of Article 5 of this Circular are met, issue the operating license for the river passenger wharf to the wharf operator according to Model No. 6 in the Appendix of this Circular.

In cases where both sides of a river passenger wharf are operated by the same operator and fall under the licensing authority of one agency, the operator of the river passenger wharf shall submit an application for issuance of the operating license for the river passenger wharf according to Model No. 5b in the Appendix of this Circular. The competent authority shall issue one operating license for the river passenger wharf for both ends according to Model No. 6b in the Appendix of this Circular.

The competent authority issuing the operating license for the river passenger wharf shall base on the scale of construction of the wharf, the duration of land use, the duration of the wharf lease contract, or the duration of being assigned to operate the wharf to specify the validity period of the operating license for the river passenger wharf.

Article 12. Procedure for Re-publishing Inland Waterway Ports

1. For ports not receiving foreign waterway vessels

a) Organizations and individuals submit one set of documents via postal service or directly to the Inland Waterway Transport Branch under the Vietnam Inland Waterway Administration (for inland waterway ports within the jurisdiction of the Vietnam Inland Waterway Administration) or the Department of Transport. The documents include:

- For cases of re-publication due to decisions terminating the validity of publication:

+ Application for re-publication of inland waterway port according to Model No. 1b in the Appendix of this Circular.

- For cases of re-publication due to changes in ownership but without changes in published contents:

+ Application for re-publication of inland waterway port according to Model No. 1b in the Appendix of this Circular;

+ Legal documents on division or merger or legal documents on transfer of the port and related documents concerning the handover of ownership in cases where there is a change in ownership of the port.

- For cases of re-publication due to changes in published contents such as water area, land area:

+ Application for re-publication of inland waterway port according to Model No. 1b in the Appendix of this Circular;

+ Original or certified copies of documents proving the above-mentioned changes.

b) The Vietnam Inland Waterway Administration or the Department of Transport shall receive and examine the documents; if the documents are incomplete, they shall guide organizations and individuals to complete the documents.

Within five working days from the date of receiving complete documents, the Vietnam Inland Waterway Transport Branch will review the documents and submit the results of the review along with one set of application documents for re-publication of the inland waterway port to the Vietnam Inland Waterway Administration.

c) The Vietnam Inland Waterway Administration or the Department of Transport will examine, and if conditions are met, issue a decision to re-publish the inland waterway port. If conditions for publication are not met, they must respond in writing and specify the reasons.

d) The time limit for resolution and the effectiveness of the decision to re-publish the inland waterway port shall be in accordance with point c, Clause 1, and Clause 3, Article 9 of this Circular.

đ) For cases of re-publication due to expansion or upgrading to enhance port throughput capacity, implement in accordance with Article 8 and Clause 1, Clause 3, Article 9 of this Circular for the expanded or upgraded portion.

2. For ports receiving foreign waterway vessels

a) Organizations and individuals submit two sets of documents via postal service or directly to the Vietnam Inland Waterway Administration or the Department of Transport. The documents include:

- For cases of re-publication due to decisions terminating the validity of publication:

+ Application for re-publication according to Model No. 1b in the Appendix of this Circular;

- For cases of changes in ownership but without changes in published contents:

+ Application for re-publication according to Model No. 1b in the Appendix of this Circular;

+ Legal documents on division or merger or legal documents on transfer of the port and related documents concerning the handover of ownership in cases where there is a change in ownership of the port.

- For cases of re-publication due to changes in contents compared to previously published decisions such as water area, land area:

+ Application for re-publication according to Model No. 1b in the Appendix of this Circular;

+ Legal documents proving the above changes.

b) The Vietnam Inland Waterway Administration or the Department of Transport will receive and review the documents; if conditions are met, they will prepare a written submission to the Ministry of Transport along with one set of application documents for re-publication of the inland waterway port.

c) The Ministry of Transport will examine and issue a decision to re-publish the inland waterway port. In cases where conditions for re-publication are not met, they must respond in writing and specify the reasons.

d) The time limit for resolution and the effectiveness of the decision to re-publish the inland waterway port shall be in accordance with point đ, Clause 2, and Clause 3, Article 9 of this Circular.

đ) For cases of re-publication of the port due to expansion or upgrading to enhance port throughput capacity, implement in accordance with Article 8 and Clause 2, Clause 3, Article 9 of this Circular.

Article 13. Procedures for Reissuing the Permit for Domestic Waterway Wharf Operations and the Permit for River Passenger Wharf Operations

1. Procedures for reissuing the Permit for Domestic Waterway Wharf Operations

a) Organizations and individuals submit to the competent authority issuing the Permit for Domestic Waterway Wharf Operations one set of documents via postal service or direct submission. The documents include:

- In cases where the permit is reissued due to its expiration:

+ A request for reissuance of the Permit for Domestic Waterway Wharf Operations according to Model No. 3b in the Appendix of this Circular.

- In cases where the permit is reissued due to a change in ownership but without altering the contents of the previously issued permit:

+ A request for reissuance of the Permit for Domestic Waterway Wharf Operations according to Model No. 3b in the Appendix of this Circular;

+ Legal documents on division, merger, or transfer of the wharf and related documents regarding the handover of ownership in cases of ownership changes.

- In cases where the permit is reissued due to changes in its contents compared to the previously issued permit:

+ A request for reissuance of the Permit for Domestic Waterway Wharf Operations according to Model No. 3b in the Appendix of this Circular;

+ Legal documents proving such changes.

b) The competent authority issuing the Permit for Domestic Waterway Wharf Operations receives and reviews the documents. If the conditions are met, it reissues the Permit for Domestic Waterway Wharf Operations. If not, it must respond in writing and specify the reasons.

c) The processing time and validity of the Permit for Domestic Waterway Wharf Operations are as stipulated in point b and c, Clause 2, Article 10 of this Circular.

d) For cases where the Permit for Domestic Waterway Wharf Operations is reissued due to expansion or upgrading to enhance throughput capacity, the provisions of Clause 1 and Clause 2, Article 10 of this Circular shall be followed.

2. Procedures for reissuing the Permit for River Passenger Wharf Operations.

a) The wharf operator submits to the competent authority issuing the Permit for River Passenger Wharf Operations one set of documents via postal service or direct submission. The documents include:

- In cases where the permit is reissued due to its expiration:

+ A request for reissuance of the Permit for River Passenger Wharf Operations according to Model No. 5c in the Appendix of this Circular.

- In cases where the permit is reissued due to a change in ownership but without altering the contents of the previously issued permit:

+ A request for reissuance of the Permit for River Passenger Wharf Operations according to Model No. 5c in the Appendix of this Circular;

+ Legal documents on division, merger, or transfer of the wharf and related documents regarding the handover of ownership in cases of ownership changes.

- In cases where the permit is reissued due to changes in its contents compared to the previously issued permit:

+ A request for reissuance of the Permit for River Passenger Wharf Operations according to Model No. 5c in the Appendix of this Circular;

+ Legal documents proving such changes.

b) The competent authority issuing the Permit for River Passenger Wharf Operations receives and reviews the documents. If the conditions stipulated are met, it reissues the Permit for River Passenger Wharf Operations. If not, it must respond in writing and specify the reasons.

c) The processing time and validity of the Permit for River Passenger Wharf Operations are implemented as stipulated in point b and c, Clause 2, Article 11 of this Circular.

d) For cases where the Permit for River Passenger Wharf Operations is reissued due to expansion or upgrading to enhance throughput capacity, the provisions of Clause 1 and Clause 2, Article 11 of this Circular shall be followed.

Article 14. Suspension of Operations, Temporary Suspension of Operations of Ports and Domestic Waterway Wharfs.

1. Ports and domestic waterway wharfs shall be suspended from operations in the following cases:

a) Changes in topography and hydrology that do not ensure safety for port and wharf operations;

b) The port or wharf owner ceases operations;

c) There is a requirement for suspension of operations or evacuation by competent state authorities.

2. Ports and domestic waterway wharfs shall be temporarily suspended from operations in the following cases:

a) Port and domestic waterway wharf facilities deteriorate and do not meet safety conditions as stipulated in point c, Clause 1, point c, Clause 3, Article 4 (for cargo ports and wharfs), point c, Clause 1, point b, Clause 2 or point c, Clause 3, point b, Clause 4, Article 4 (for passenger ports and wharfs) or Clause 2, Article 5 (for river passenger wharfs) of this Circular;

b) The port or wharf owner does not comply with regulations on ensuring traffic order and safety on inland waterways and the provisions of this Circular.

3. The competent authority that has decided to announce the port, issue the Permit for Domestic Waterway Wharf Operations, or the Permit for River Passenger Wharf Operations has the right to issue a decision to suspend operations or temporarily suspend operations of ports and domestic waterway wharfs.

The decision to suspend operations of ports and domestic waterway wharfs is according to Model No. 7 in the Appendix of this Circular.

The decision to temporarily suspend operations of ports and domestic waterway wharfs is according to Model No. 8 in the Appendix of this Circular.

 

 

Chapter III

MANAGEMENT OF WATERWAY VESSEL OPERATIONS; RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS OPERATING AT PORTS AND DOMESTIC WATERWAY WHARFS

 

Section 1. PROCEDURES FOR INLAND WATER VESSELS ENTERING AND LEAVING PORTS AND TERMINALS; PASSENGER PORTS AND TERMINALS

 

Article 15. Procedures for inland water vessels entering and leaving ports and terminals; passenger ports and terminals

1. Vessels entering the port or terminal:

a) Prior to the vessel's entry into an inland waterway port or terminal, the master or officer in charge of navigation or the person operating the vessel shall submit and present to the Inland Waterway Port Authority (hereinafter referred to as the Port Authority) or the Terminal Management Board the following documents:

- Documents to be submitted (originals)

+ The permit to leave the last port or terminal (except for transshipment or side transfer vessels);

+ The certificate of technical safety and environmental protection of the vessel;

+ The Crew List.

- Documents to be presented (originals)

+ The registration certificate of the inland waterway vessel (or a certified copy from a financial institution if the vessel is mortgaged or pledged);

+ Certificates of competency of crew members on board the vessel;

+ Transport contracts or warehouse exit invoices or transport documents (for cargo-carrying vessels), passenger lists (for passenger-carrying vessels).

b) After reviewing the documents specified in point a of this clause, the Port Authority or the Terminal Management Board will conduct an actual inspection. If all safety conditions are met as prescribed, they will issue the Permit to Enter the Inland Waterway Port or Terminal according to Model No. 9 in the Appendix of this Circular.

2. Vessels departing the port or terminal:

a) Before the vessel departs the port or terminal, the master or officer in charge of navigation or the person operating the vessel must present to the Port Authority or the Terminal Management Board the originals of the following documents:

- Transport contracts or warehouse exit invoices or transport documents (for cargo-carrying vessels) or passenger lists (for passenger-carrying vessels);

- Proof of payment of fees, charges, fines, or settlement of debts as prescribed by law;

- Any relevant documents reflecting changes compared to those specified in point a of Clause 1 of this Article (if applicable).

b) The Port Authority or the Terminal Management Board will inspect the vessel in practice. If all safety conditions are met, they will reclaim the Permit to Enter the Inland Waterway Port or Terminal; return the Certificate of Technical Safety and Environmental Protection of the vessel, the Crew List, and issue the Permit to Depart the Inland Waterway Port or Terminal according to Model No. 10 in the Appendix of this Circular.

In cases where an inland water vessel has been issued a Permit to Depart the Inland Waterway Port or Terminal but remains moored in the port or terminal area for more than 24 hours, the master, officer in charge of navigation, or the person operating the vessel must reapply for departure procedures at the Port Authority Office.

3. For vessels entering and leaving the port or terminal two or more times in a day, the Port Authority or the Terminal Management Board will only conduct an actual inspection on the first occasion, and from the second time onwards in the same day, they will only review the required documents.

4. For newly built or repaired vessels being launched for trial runs on inland waterways, the owner of the vessel or the owner of the new construction or repair facility must present to the Port Authority or the Terminal Management Board the following documents:

a) A document authorizing the trial run on the inland waterway from the inspection authority.

b) A plan ensuring safe navigation when launching through the protected channel area with the approval of the direct management unit of the inland waterway route.

Article 16. Procedures for foreign watercraft and Vietnamese sea vessels entering and leaving ports and inland waterway wharfs

Foreign watercraft and Vietnamese sea vessels when entering and leaving ports and inland waterway wharfs shall comply with the current maritime laws' procedures for ships when entering and leaving seaports.

 

Section 2. COMPULSORY PILOTAGE REGIME

 

Article 17. Compulsory Pilotage Regime

Foreign watercraft operating on inland waterways or entering and leaving ports and inland waterway wharfs must have compulsory pilotage. Inland watercraft and Vietnamese sea vessels entering and leaving ports and inland waterway wharfs may request pilotage if deemed necessary.

Article 18. Requirements for Providing Pilotage Services

1. Except in urgent cases where pilotage is requested to prevent accidents, requests for pilotage must be notified to the Port Authority and relevant pilotage organizations at least six hours before the expected time of boarding the pilot.

2. If there is a need to change the boarding time for the pilot or cancel the pilotage request after it has been made, the Port Authority and relevant pilotage organizations must be informed at least three hours before the expected boarding time.

3. The pilot must wait at the agreed location not exceeding four hours from the expected boarding time; otherwise, the pilotage request will be considered canceled, and the ship's master must pay waiting fees according to regulations.

4. Within one hour of receiving a pilotage request, the pilotage organization must report back to the Port Authority, ship owner, or ship agent regarding the expected location and time of the pilot boarding the vessel. If the pilot boards the vessel later than the reported time and at a different location, causing the vessel to wait or move to another location, the pilotage organization must pay waiting fees according to regulations.

 

Section 3. ACTIVITIES OF WATERCRAFT IN PORT AND INLAND WATERWAY WHARF WATERS

 

Article 19. Handling Accidents in Port and Inland Waterway Wharf Waters

1. Rescuing people and watercraft involved in accidents occurring in port and inland waterway wharf waters is a mandatory obligation for the ship's master, watercraft drivers, and organizations and individuals operating at the port and wharf.

2. Upon discovering an accident or potential accident, the ship's master or driver must immediately issue distress signals as prescribed and take immediate measures to rescue people and property while reporting to the Port Authority or Wharf Management Board for timely handling.

3. The Port Authority has the right to mobilize all forces and equipment available at the port and wharf, as well as existing watercraft in the area, to rescue people, property, and watercraft involved in accidents. Organizations and individuals related to the rescue operation must comply with the mobilization orders issued by the Port Authority or Wharf Management Board.

4. In the event of a sunken vessel, after rescuing people and property, the ship's master or driver must set up warning signals as prescribed and immediately report to the vessel owner to initiate salvage operations. The vessel owner must organize salvage operations within the stipulated timeframe and only proceed after implementing traffic safety measures approved by the Port Authority or Wharf Management Board.

5. If a vessel sinks in port or wharf waters and the vessel owner does not carry out salvage operations or does so improperly, the Port Authority or Wharf Management Board may organize the salvage operations. The vessel owner must bear all costs and face penalties if they violate regulations concerning ensuring inland waterway traffic safety秩序。

Article 20. Responsibilities of the Master or Operator when a vessel operates in port waters or cargo terminals; passenger ports and terminals

1. May only moor at locations designated by the Port Authority or Terminal Management and may not change positions without authorization.

2. Comply with port and terminal regulations and flood and storm prevention rules; follow orders from the Port Authority in emergency situations.

3. In case the vessel drifts or changes anchorage due to external factors, appropriate measures must be taken immediately and reported to the Port Authority or Terminal Management.

4. Once safely anchored at designated locations, the Master must assign crew members to maintain machinery, lifesaving and firefighting equipment, and the main engine of the vessel in a state of readiness for immediate action in case of drifting, anchor breakage, grounding, and other incidents.

5. If infectious diseases or plants capable of causing disease are found on board, the Master must immediately report to the Port Authority or Terminal Management, relevant authorities, and berth the vessel in a separate area for appropriate handling.

6. During cargo loading and unloading or passenger embarkation and disembarkation, necessary safety conditions must be checked and prepared; if unsafe signs are detected, the Master or operator must immediately halt operations to address the issue.

7. Foreign vessels must fly the flag of the Socialist Republic of Vietnam at the highest mast from sunrise to sunset; if they wish to fly ceremonial flags, flags of mourning, or sound horns during their own national ceremonies, they must notify the Port Authority in advance.

8. Strictly prohibited:

a) Entering port or inland waterway terminal areas for cargo loading/unloading or passenger embarkation/disembarkation without a Port Entry Permit;

b) Using arbitrary signals;

c) Discharging polluted water, dumping waste, oil compounds, or other toxic substances into port or terminal waters;

d) Obstructing or making it difficult for public officials or crew members of other vessels to pass through.

 

Section 4. RESPONSIBILITIES OF PORT AND TERMINAL OWNERS AND OTHER ORGANIZATIONS AND INDIVIDUALS OPERATING AT INLAND WATERWAY PORTS AND TERMINALS

 

Article 21. Responsibilities of Port and Inland Waterway Terminal Owners

1. Implement procedures for requesting approval and announcing ports, issuing Operating Permits for inland waterway terminals and Passenger Ferry Terminals as stipulated in Articles 8, 9, 10, 11, 12, and 13 of this Circular.

2. In cases where ports or terminals are leased, contracts must be signed with the port or terminal operators in accordance with the law and all contractual obligations must be fulfilled.

3. Upon ceasing operations, the port or terminal owner must notify the competent authority that has announced the port or issued the operating permit for the terminal to make a decision to suspend the operation of the port or terminal.

4. Public utility terminal owners are responsible for ensuring the operational conditions of the terminal as prescribed in Article 6 of this Circular, without affecting inland waterway transport activities, and shall not use public utility terminals for commercial purposes.

Article 22. Responsibilities of Port and Inland Waterway Wharf Operators

1. For cargo ports and wharfs; passenger ports and wharfs

a) Maintain the safety conditions of port and wharf structures and waters in accordance with regulations;

b) Do not load goods or disembark passengers from vessels that do not meet technical safety requirements or have insufficient required documentation;

c) Do not load goods exceeding permitted dimensions or weight limits or accept more passengers than the prescribed number;

d) Fully comply with legal provisions on handling dangerous goods (if the port or wharf specializes in handling dangerous goods);

đ) Participate in rescue operations for people, goods, and vessels when accidents occur; report and coordinate with competent authorities to resolve issues; mitigate accident consequences and environmental pollution (if applicable);

e) Comply with environmental protection, fire prevention and fighting, and flood prevention regulations;

g) Loading and unloading equipment must meet operational conditions as stipulated by law, and operators of such equipment must hold specialized certificates as required;

h) Do not load or unload goods or embark/disembark passengers for vessels that have not been granted permission to enter inland waterway ports or wharfs;

i) Obey the dispatch of the Port Control Office or the Wharf Management Board in rescue operations for people, goods, and vessels when accidents occur within port and wharf waters and in flood prevention efforts;

k) Create favorable conditions and cooperate with the Port Control Office or the Wharf Management Board in ensuring traffic order and safety within port and wharf waters;

l) Be subject to inspection, supervision, and administrative violation handling by authorized agencies regarding traffic order and safety inspections;

2. For river-crossing passenger wharfs

a) Fulfill the responsibilities stated at points a, b, c, đ, and l of Clause 1 of this Article;

b) Do not use vessels that do not meet technical safety conditions or have insufficient required documentation; drivers of vessels must hold valid licenses or specialized certificates or have appropriate qualifications;

c) Coordinate with the operator of the opposite bank river-crossing wharf to jointly submit applications for operation permits for river-crossing passenger wharfs as required; agree on management plans and transport fares (if not specified by the State) to ensure the synchronization of river-crossing passenger transport activities at the wharf and order and safety during operations.

Article 23. Responsibilities of Organizations and Individuals Surveying, Constructing Works, Dredging, Salvaging Obstacles, or Performing Other Tasks in Port and Inland Waterway Wharf Waters

1. Comply with regulations on ensuring traffic order and safety in port and wharf waters and protecting the environment.

2. Comply with the dispatch of the Port Control Office or the Wharf Management Board in emergency situations involving rescue operations for people, goods, and vessels when accidents occur or during storms or floods (according to Model No. 11 in the Appendix of this Circular).

3. Before surveying, constructing works, dredging, salvaging obstacles, or performing other tasks in port and wharf waters, there must be a unified agreement between the port and wharf owner, the Port Control Office, or the Wharf Management Board on measures to ensure safety for activities within inland waterway ports and wharfs.

 

Chapter IV

IMPLEMENTING PROVISIONS

 

Article 24. Responsibilities of the Department of Inland Waterways of Vietnam

1. Develop the overall planning for inland waterway ports in accordance with the development plan for inland waterway infrastructure, submit to the Minister of Transport for approval, and monitor the implementation thereof.

2. Implement specialized state management at ports and inland waterway wharfs located on national inland waterways, dedicated inland waterways connecting to national inland waterways, and dedicated inland waterways spanning two provinces or more.

3. Receive reports from localities and units to compile nationwide statistics according to Forms 12, 13, 14, 15, and 16 in the Appendix of this Circular.

4. Monitor and inspect port and inland waterway wharf management activities in localities.

Article 25. Responsibilities of the Department of Transport

1. Develop local inland waterway port planning in accordance with the overall planning for inland waterway transportation, submit to the provincial People's Committee for approval.

2. Inspect and audit compliance with the provisions of this Circular regarding ports, inland waterway wharfs, and public wharfs within the locality's jurisdiction.

3. Implement specialized state management at ports and inland waterway wharfs located on local inland waterways and dedicated inland waterways connecting to local inland waterways and port areas.

4. Establish a directory of ports, inland waterway wharfs, and river passenger wharfs under their management; report quarterly and annually to the provincial People's Committee and the Department of Inland Waterways of Vietnam for consolidation.

5. For the management of river passenger wharfs, they also have the responsibility to:

a) Develop planning and management schemes for river passenger wharfs; submit to the Chairman of the provincial People's Committee for delegation of authority to issue permits to the district People's Committees; guide, monitor, and inspect the district and commune People's Committees in issuing permits and managing operations to ensure safety at river passenger wharfs within their jurisdiction;

b) For river passenger wharfs located on rivers and canals that form administrative boundaries between two provinces or centrally governed cities, coordinate and unify with relevant Departments of Transport in issuing permits and managing wharfs in accordance with regulations on ensuring traffic order and safety during operation.

Article 26. Effectiveness of Decisions Announcing Ports, Operating Permits for Inland Waterway Wharfs, and Operating Permits for River Passenger Wharfs Already Issued

1. Decisions announcing inland waterway ports, operating permits for inland waterway wharfs, and operating permits for river passenger wharfs issued pursuant to Decision No. 07/2005/QĐ-BGTVT dated January 7, 2005, of the Minister of Transport shall be renewed or reissued upon expiration according to the provisions of this Circular.

2. Inland waterway ports, cargo wharfs, passenger wharfs, and river passenger wharfs that were announced or issued operating permits before January 1, 2005 must renew or reissue operating permits according to the provisions of this Circular.

Article 27. Effective Date

This Circular takes effect 45 days from the date of issuance. Decision No. 07/2005/QĐ-BGTVT dated January 7, 2005, of the Minister of Transport promulgating the Regulations on Management of Port and Inland Waterway Wharf Operations is hereby repealed.

Article 28. Responsibility for Implementation

1. The Department of Inland Waterways of Vietnam shall implement and supervise the implementation of this Circular.

2. The Heads of the Office, the Inspectorate General, the Heads of the Departments under the Ministry, the Director of the Department of Inland Waterways of Vietnam, the Director of the Department of Maritime Administration, the Directors of the Departments of Transport, the Heads of related agencies, organizations, and individuals are responsible for enforcing this Circular./.