Circular No. 25/2013/TT-BGTVT provides detailed regulations on the procedures and processes for dredging maritime channels and water areas within port waters combined with product recovery without using state budget funds and state management over marine activities related to mineral exploration and extraction within port waters and maritime channels.

CIRCULAR

Provisions on the procedures and formalities for dredging maritime channels, areas, and zones within port water areas, combining product recovery without using state budget funds and state management over maritime activities;

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Pursuant to DecreeNo. 21/2012/NĐ-CP dated March 21, 2012, issued by the Government on managing ports and maritime channels (hereinafter referred to as Decree No. 21/2012/NĐ-CP);amend|||Pursuant to the Technical Standards Law promulgated on June 29, 2006; |||u |||

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating functions, tasks, organization, and staffing.powers limits and organizational structure, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP concerning the functions of the Ministry of Transport;

On the basis of Directive No. 29/2008/CT-TTg dated October 2, 2008, issued by the Prime Minister on further strengthening state management over sand and gravel surveying, exploitation, transportation, and consumption activities from riverbeds;thereof |||No.|||.

At the proposal of the Head of the Structure infrastructure and the Director of the Vietnam Maritime Administration;

The Minister of Transport hereby issues this Circular stipulating the procedures and formalities for dredging maritime channels, areas, and zones within port water areas, combining product recovery without using state budget funds and state management over maritime activities related to mineral exploration and exploitation within port waters and maritime channels.n l|||development|||From 100 million VND to less than 300 million VNDand shipping channels;ồ1. This Circular stipulates the procedures and formalities for dredging maritime channels, anchorage areas, cargo transfer zones, storm shelters, pilot reception and delivery zones, quarantine zones, turning zones, and other water areas and zones (hereinafter referred to as maritime channels, areas, and zones) within port water areas, combining product recovery without using state budget funds and state management over maritime activities related to mineral exploration and exploitation within port waters and maritime channels.,

Article 1. Scope of Regulation and Applicability

2. This Circular applies to domestic and foreign organizations and individuals, and relevant state management agencies involved in dredging maritime channels, areas, and zones within port water areas through a combined product recovery method to offset dredging costs and state management over maritime activities related to mineral exploration and exploitation within port waters and maritime channels.

Article 2. Establishing a list of encouraged projects for dredging combined with product recovery

1. The State encourages investors to participate in dredging all maritime channels, areas, and zones within port water areas through a combined product recovery method to offset dredging costs in accordance with legal provisions, ensuring harmony between the interests of the State and investors.national2. By January each year, based on plans, development needs, port operations, vessel traffic, cargo throughput, expected sedimentation levels, and implementation costs, the Vietnam Maritime Administration organizes the establishment of a list of encouraged projects for dredging combined with product recovery, not using state budget funds, to be submitted to the Ministry of Transport for review and approval.

3. The list of projects must include the following main contents:

a) Project name (name of the maritime channel, area, or zone within the port water area);

d) Summary of key technical parameters, design standards of the project, estimated dredging volume, and implementation time.

4. The Ministry of Transport organizes consultations with provincial and centrally-administered city People's Committees where the projects are located, reviews, and approves the list of encouraged projects for dredging combined with product recovery, not using state budget funds.

b) Project objectives;

c) Project location;

5. The approved list of projects may be amended or supplemented if there are changes in planning, economic and social development plans of the industry or locality, annual dredging plans funded by the state budget, or for other reasonable reasons leading to changes in the published list of projects.

4. The Ministry of Transport shall organize to seek opinions from the People's Committees of provinces and centrally governed cities where the projects pass through, review and approve the list of projects encouraged to implement dredging combined with product recovery without using state budget funds.

5. The approved project list may be amended and supplemented in cases where there are changes in planning, socio-economic development plans of sectors and localities, annual plans for dredging using state budget funds, or for other reasonable reasons that cause changes in the published project list.

Article 3. Announcing the project list

1. The Ministry of Transport and the Vietnam Maritime Administration shall announce the approved project list on their official websites in accordance with regulations. The announced project list must include the main contents prescribed in Clause 3, Article 2 of this Circular.

2. The minimum time for investors to select and register to implement projects from the announced project list is fifteen days, starting from the date of announcement as stipulated in Clause 1 of this Article.

3. When the project list is amended, supplemented, or changed according to Clause 5, Article 2 of this Circular, the Ministry of Transport and the Vietnam Maritime Administration shall re-post it on their official websites.

Article 4. Registering to Implement Projects

1. Investors may propose to implement projects listed in the announced project list or projects not included in the announced list.

2. Procedures for registering to implement projects:

a) Investors submit directly to the Vietnam Maritime Administration or send through the postal service one set of application documents for registration to implement the project. The application documents include:

- An application form for registration to implement the project according to Model No. 1 in the Appendix of this Circular;

- Legal documents of the investor (Business Registration Certificate or Investment Certificate and related cooperation, joint venture, and joint operation contracts, if applicable);

- Financial capability documents of the investor: financial reports prepared and responsible for by the investor, except for newly established enterprises to implement the project; documents proving the source of capital of the enterprise or financial commitment documents for implementing the project;

- Decisions or contracts for implementing similar projects by the investor (if available).

b) Procedure for receiving and processing documents:

- The Vietnam Maritime Administration receives the documents, checks their compliance, issues a receipt for the documents, and schedules a date to return the results (if received directly).

- In cases where the documents are not compliant with the provisions at point a of this clause, within the latest three working days from the date of receipt of the documents, the Vietnam Maritime Administration shall issue a document guiding the investor to complete the documents.

- For projects already included in the announced project list: Within the latest ten working days from the date of receipt of the documents as prescribed, the Vietnam Maritime Administration shall issue a document informing the number of investors who have registered to implement the project or that no investor has registered, and send it directly or through the postal service to the investor; simultaneously, report to the Ministry of Transport.

- For projects not included in the published project list:

+ Within the latest five working days from the date of receipt of the documents as prescribed, the Vietnam Maritime Administration shall report to the Ministry of Transport for approval to supplement the project list and adjust the annual dredging plan using state budget funds (if necessary).

+ Within the latest five working days from the date of receipt of the document from the Vietnam Maritime Administration, the Ministry of Transport shall seek opinions from the People's Committee of the province or centrally-administered city where the project passes through.

+ Within the latest five working days from the date of receipt of the document from the People's Committee of the province or centrally-administered city or upon expiration without receiving the opinion document, the Ministry of Transport shall conduct an assessment and decide to supplement the project list encouraging socialized dredging combined with product recovery without using state budget funds and adjust the annual dredging plan using state budget funds (if necessary). If not approved, a document explaining the reasons must be issued.

+ Within the latest three working days from the date of receipt of the document from the Ministry of Transport, the Vietnam Maritime Administration shall issue a document and send it directly or through the postal service to the investor.

3. In cases where investors submit application documents for implementing projects to the Ministry of Transport, within the latest five working days from the date of receipt of the application documents, the Ministry of Transport shall issue a document to the Vietnam Maritime Administration for examination and resolution in accordance with Clause 2 of this Article.

Article 5. Proposal for Establishing the Management Boardon Implementation of For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Investor's Project

1. Within sixty days from the date of receipt of the approval response document from the Vietnam Maritime Administration, the investor is responsible for conducting surveys, preparing, and submitting to the Vietnam Maritime Administration one set of application documents for approval of the project implementation proposal.

2. Application documents for approval of the project implementation proposal include:

a) A request for approval of the project implementation proposal according to Model No. 2 in the Appendix of this Circular;

b) Legal documents of the investor (if there are changes or supplements compared to when submitting the application documents for project implementation registration as prescribed in Article 4 of this Circular);

c) Financial capability documents of the investor: supplementary financial guarantee documents as prescribed (if the enterprise's capital is insufficient to implement the project);

d) Detailed report on the proposed project implementation with the following main contents:

- Analysis of the necessity and advantages of implementing the dredging project in combination with product recovery compared to other investment forms; favorable and unfavorable conditions; purpose of using recovered products during the dredging process;

- Determination of location, scale, and scope of construction; determination of dredging volume according to published design standards (if available) or analysis and proposal of technical parameters and construction standards; estimated volume of registered recovery, disposal plan, and dumping site for non-recovered dredged materials;

- Analysis and proposal of construction methods, construction sequence, and construction schedule;

- Estimated establishment and approval of safety assurance plans for maritime traffic, labor safety, environmental protection, fire prevention, and firefighting in accordance with laws;

- Preliminary determination of total project investment and time, progress of project implementation;

- Estimated inspection, quality control, supervision, acceptance conditions, transfer, and reception methods of the completed works;

- Proposal of preferential measures and professional support for investors during project implementation (if necessary) related to ensuring maritime safety, arranging maritime signals, traffic regulation, inspection, supervision, and maritime announcements;

- Design drawings: General layout plan (channel route or water area; equipment assembly location, dredged material assembly location...); plan view of the dredging area, detailed cross-section drawing of dredging.

đ) Commitment documents for implementing the project including: commitments regarding human resource allocation, equipment, ensuring progress and quality of the project; proposed personnel and equipment insurance policies when participating in the implementation of the project;

e) Review documents for the proposal to implement the project from a consulting unit with sufficient capacity as prescribed;

g) The investor's portfolio of similar project implementation capabilities (if there are changes or additions compared to the time of submitting the application to implement the project as stipulated in Article 4 of this Circular);

h) Other necessary documents for explaining the proposal to implement the project.

3. Procedure for receiving and processing applications:

a) The Vietnam Maritime Administration receives and checks the project implementation proposal documents according to the provisions of Clause 2 of this Article and issues a receipt for the documents, scheduling a date to return the results (if received directly). In case the documents do not comply with the provisions of Clause 2 of this Article, within the latest three working days from the date of receipt, the Vietnam Maritime Administration shall issue a document guiding the investor to complete the documents.

b) Within fifteen working days from the date of receiving all documents as prescribed, the Vietnam Maritime Administration shall review and evaluate the project implementation proposal documents and the investor's capability:

- In case only one investor proposes to implement the project, it shall report to the Ministry of Transport the results of reviewing the documents and evaluating the investor for consideration and approval.

- In case two or more investors propose to implement the same project, the Vietnam Maritime Administration shall organize the review of documents and evaluation of investors based on legal capacity, financial capacity, equipment capacity, experience in implementing similar projects, and specific proposals for selecting investors to implement the project for the Ministry of Transport to consider and approve.

4. Within the latest fifteen working days from the date of receiving the documents submitted by the Vietnam Maritime Administration as prescribed in Clause 3 of this Article, the Ministry of Transport shall review and issue a document approving the selection of investors to implement the project. If not approved, it must reply in writing and specify the reasons.

Article 6. Negotiation, Signing and Amendment Hợp đồng dự án

1. Negotiation and signing of the project contract

a) Based on the Decision of the Ministry of Transport approving the proposal to implement the project as stipulated in Article 5 of this Circular and the result of the investor selection assessment, the Vietnam Maritime Administration shall organize negotiations and sign the Project Contract with the selected investor.

b) The term of the Project Contract shall be agreed upon by the Parties in accordance with the approved or adjusted list, the project proposal documents of the investor, and other related conditions. The term of the Project Contract may be extended or shortened according to the conditions stipulated in the Project Contract.

c) The negotiation contents and signing of the Project Contract with the investor shall comply with the current laws, including the following main contents:

- General information of the Parties in the Contract;

- Information about the project: project name, construction name, location, site;

- Scope of implementation and design standards of the construction;

- Implementation form, implementation period, conditions for extending or shortening the Project Contract;

- Estimated dredging volume according to the design standards or scale already approved;

- Construction methods, construction sequence, plan and implementation schedule;

- Quality control and progress monitoring measures;

- Safety assurance plans for maritime traffic, labor safety, environmental protection, fire prevention and extinguishing in accordance with the law;

- Inspection, supervision, acceptance conditions, transfer and reception methods of the completed construction;

- Mechanisms and measures to support related expertise to ensure maritime safety, navigation signal arrangement, traffic regulation, inspection, supervision, and maritime notification for the investor (if applicable);

- Measures to handle violations during the project implementation process.

The Vietnam Maritime Administration shall organize the drafting of the Project Contract model for approval by the Ministry of Transport and implementation when this Circular takes effect.

d) In case the negotiation and signing of the Project Contract with the selected investor cannot be carried out, the Vietnam Maritime Administration shall compile and report to the Ministry of Transport for approval to terminate the negotiation and invite the next capable investor (if available) to negotiate and sign the Project Contract, or continue calling for other investors to participate in the project implementation.

2. Within the latest five working days from the completion of negotiating and signing the Project Contract with the investor, the Vietnam Maritime Administration shall be responsible for reporting the results to the Ministry of Transport. Within the latest five working days from the date of receipt of the document from the Vietnam Maritime Administration, the Ministry of Transport shall issue a document approving the negotiation results and the Project Contract sent to the Vietnam Maritime Administration; at the same time, send it to the People's Committee of the province or centrally administered city where the project is implemented for coordination in management.

3. Amendments to the total investment capital, technical design, and other agreed conditions in the Project Contract shall only be considered in the following cases:

a) The project is affected by floods, earthquakes, tsunamis, wars, riots, embargoes, blockades, or other government restrictions that prevent the continuation of the project as agreed in the Contract;

b) New factors emerge that bring higher efficiency to the project;

c) When planning changes directly affect the location, scale, nature, and objectives of the project;

d) Other cases agreed in the signed Project Contract.

The investor must notify the Vietnam Maritime Administration of the content requiring changes to conduct negotiations and unify the amendment of the Project Contract content after obtaining the approval for the amendment from the Ministry of Transport.

4. The investor may transfer part of their rights and obligations under the Project Contract (up to a maximum of 49% of the project value) after obtaining the Ministry of Transport's approval for the transfer and supplementary change of the investor, but it must not affect the objectives, scale, technical design standards, and agreed implementation schedule of the project in the Project Contract. The transfer process must comply with the conditions and procedures stipulated by the laws on investment and construction and relevant legal documents.

Article 7. Project implementation costs

1. Costs for establishing, publishing the project list, organizing the selection of investors, reviewing and approving the project, conducting inspections and supervision according to the authority of state agencies, and providing professional support to investors from the state budget based on the approved budget estimate.

2. Costs for surveying, preparing the project proposal file, reviewing the project proposal, dredging operations, independent supervision during the implementation process, rectifying issues caused by violations during project implementation, measurements during the implementation process, final acceptance and handover work upon completion of the project, and other related costs shall be borne by the investor.

Article 8. Ensuring Obligations under the Contractitself This Circular takes effect from August 1, 2022./.

1. Measures to ensure obligations under the project contract shall be applied in the form of bank guarantees or other security measures prescribed by law, with the amount of the guarantee not being less than 10% of the total investment capital proposed for the project.

2. Prior to signing the project implementation contract, the investor must submit to the Vietnam Maritime Administration a document ensuring the obligation to fulfill the project contract which remains valid until the completion and handover of the construction works for use.

In cases where there is a consortium, they must implement the project guarantee in one of the following ways:

a) Each member of the consortium will separately undertake the guarantee for fulfilling the project contract corresponding to the workload they undertake within the consortium.

b) The members of the consortium agree that one member will be responsible for ensuring the obligation to fulfill the project contract on behalf of the entire consortium.

3. The guarantee for fulfilling the project contract shall be deemed invalid if it falls under any of the following circumstances:

a) Its value is lower than that stipulated in Clause 1 of this Article;

b) The validity period is shorter than the duration of the project implementation;

c) It does not match the name of the project; the name of the investor or the name of the consortium implementing the project;

"d) It is not an original document or does not have a valid signature."

In these cases, if the investor fails to supplement or complete the project obligation guarantee when requested, the project proposal submission will be deemed invalid and excluded.

4. An investor who is permitted to terminate the project contract without fault will have their project contract performance obligation guarantee refunded within fifteen working days from the date the termination notice becomes effective, except as provided in Clause 5 of this Article.

5. The investor shall not be entitled to recover the project contract performance obligation guarantee in the following circumstances:

a) Within thirty working days from receiving the notification of selection to participate in the project, failing to proceed with or refusing to proceed with contract negotiations and completion, or having completed negotiations and completion but refusing to sign the contract without a legitimate reason.

b) Failing to perform the contract or not adhering to the terms of the contract without a legitimate reason.

c) If a member of the consortium violates the provisions leading to the investor not being able to recover the project contract performance obligation guarantee as stipulated in this clause, all members of the consortium will have their project contract performance obligation guarantee confiscated.

Article 9. Organizing Implementation, Management, and Supervision of the Projectitselfc Implementing the Project

1. The Vietnam Maritime Administration shall be responsible for:

a) Organizing the handover of boundary markers and construction sites for the project to facilitate construction as per the project contract;

b) Directing maritime port inspection offices to approve maritime safety assurance plans and organize inspections and supervision of the project implementation process in accordance with Decree No. 21/2012/ND-CP and Circular No. 10/2013/TT-BGTVT dated May 8, 2013, issued by the Ministry of Transport guiding the implementation of certain provisions of Decree No. 21/2012/ND-CP (hereinafter referred to as Circular No. 10/2013/TT-BGTVT);

c) Guiding the investor to select an independent supervisory consultant unit with the necessary qualifications to supervise the project implementation process in accordance with current laws and regulations on investment management and construction projects;

d) Organizing supervision and evaluation of the investor's compliance with obligations regarding the scale, technical standards, quality of works, progress of the project, environmental protection, fire prevention and extinguishing, and other issues agreed upon in the project contract;

đ) Organizing regular and spot checks on the project implementation work of the investor, the supervision work of the maritime port inspection office, and the independent supervisory consultant;

e) Reporting quarterly to the Ministry of Transport on the results of project implementation; proposing solutions to address any issues arising from adjustments, transfers, or terminations of the project contract.

2. The investor is responsible for:

a) Before commencing construction:

- Completing all procedures concerning resources, environment, fire prevention, oil spill prevention and response, and other related procedures as prescribed by law;

- Preparing a maritime safety assurance plan and submitting it to the maritime port inspection office for approval in accordance with Article 14 of Decree No. 21/2012/ND-CP;

- Selecting and signing a contract with an independent supervisory consultant unit with the necessary capacity to supervise the project implementation process in accordance with the law and guidance from the Vietnam Maritime Administration.

b) During the construction implementation process:

- Organizing the receipt and handover of boundary markers and construction sites for dredging operations as per the approved project proposal;

- Managing or selecting and signing a contract with an independent consultant unit with the necessary capacity to manage construction, conduct periodic surveys and measurements, and accept the completion and handover of the works for use in accordance with the law.

- Implementing the project in accordance with the contents of the approved project proposal and signed project contract. In case of changes compared to the approved project proposal and signed project contract, the investor must report to the Vietnam Maritime Administration for review and decision by the Ministry of Transport;

- Fully complying with environmental protection, fire prevention, maritime safety assurance plans during construction, tax, fee, and financial obligations as prescribed.

- Every six months, from the date of commencement of the project implementation, measurements must be organized to assess the project's progress with the participation of representatives from the Ministry of Transport, Vietnam Maritime Administration, local maritime zone inspection units, and other relevant entities selected by the Vietnam Maritime Administration. For projects with an implementation period of less than one year, measurements must be organized every three months from the date of commencement of the project implementation.

- Report monthly to the local maritime zone inspection unit and quarterly to the Vietnam Maritime Administration on the situation and results of the project implementation.

3. Relevant entities:

a) The local maritime zone inspection unit shall be responsible for:

- Organizing the approval of the Marine Safety Assurance Plan and organizing inspections and supervision of the project implementation process in accordance with Decree No. 21/2012/NĐ-CP and Circular No. 10/2013/TT-BGTVT;

- Taking the lead and coordinating with relevant agencies and entities to guide, inspect, and supervise the project implementation process of the investor in compliance with the approved project content and related laws;

- Reporting periodically (monthly and quarterly) the results of the project implementation by the investor and the supervisory consultant to the Vietnam Maritime Administration.

b) Marine safety assurance entities shall be responsible for:

- Cooperating with the local maritime zone inspection unit in approving the Marine Safety Assurance Plan in accordance with Decree No. 21/2012/NĐ-CP;

- Cooperating with the local maritime zone inspection unit in conducting inspections and supervision activities during the execution of the channel dredging project if required;

- Promptly reflecting and reporting to the local maritime zone inspection unit any violations occurring during the construction implementation of the channel dredging project;

- Operating and exploiting the channel and the marine signaling system on the channel during the project implementation in accordance with regulations. Announcing marine notices based on the application documents submitted by the investor in accordance with regulations.

- Providing professional support and assisting in adjusting marine signals and installing marine signals in the construction area of the channel dredging project upon the investor's request if agreed upon in the approval document, project contract, or decision of the competent state authority.

c) The supervisory consulting organization shall be responsible for:

- Performing the function of supervising the project construction implementation process of the investor according to the contents of the approved project proposal and in compliance with current regulations on basic construction investment management and related laws;

- Reporting quarterly the results of the project implementation by the investor and the supervisory consultant to the Vietnam Maritime Administration.

Article 10. Termination of the Project Contract

1. The project contract terminates its effectiveness upon the expiration of the agreed term or prematurely due to the fault of one of the parties without effective remedial measures, force majeure events, or other cases stipulated in the project contract.

2. The parties shall agree in the project contract on the conditions for terminating the project contract and the measures for handling, compensating for damages, and mitigating consequences when the project contract is terminated prematurely under the circumstances specified in Clause 1 of this Article.

Article 11. Completion of Implementation of the Project and Transfer of the Project

1. After completing the implementation of the project, the investor shall be responsible for reporting to the Vietnam Maritime Administration and organizing surveys and final acceptance inspections to put the works into operation; transferring the works back to the Vietnam Maritime Administration for management in accordance with regulations.

2. The Vietnam Maritime Administration shall be responsible for:

a) Final acceptance of the results of dredging activities and completion of procedures to terminate the project contract in accordance with regulations. The acceptance team shall include representatives from the Ministry of Transport, Vietnam Maritime Administration, local maritime port service units, and marine safety assurance units (for maritime channel dredging projects), and other relevant agencies selected by the Vietnam Maritime Administration; proceed with the handover procedures to the operational management unit after the project's completion.

b) Summarize and evaluate the results of the project implementation; propose measures to deal with units that fail to complete the approved project implementation plan or signed project contract as required.

3. Local maritime port service units and marine safety assurance organizations shall be responsible for coordinating with the Vietnam Maritime Administration to accept and manage, operate, and exploit the works upon the project's completion.

Article 12. State Management over Maritime Affairs Concerning Exploration and Exploitation of Mineral Resources in Port Waters and Shipping Channels 1. Exploration and exploitation of mineral resources in port waters shall be handled by competent state agencies in accordance with laws on minerals but must ensure the following requirements:developmenta) Not conducting exploration or exploitation of mineral resources in areas for building seaports, shipping channels, pilot reception zones, quarantine zones, ship turning zones, anchorage zones, transshipment zones, and storm shelters;

b) Not affecting the approved port development plans by competent state agencies;

c) Meeting requirements for maritime safety, maritime security, and environmental pollution prevention as stipulated by law.

2. Before approving the commencement of exploration and exploitation of mineral resources in port waters, competent state agencies must seek written opinions from the Vietnam Maritime Administration regarding the port development plan and ensuring maritime safety, maritime security, and environmental pollution prevention. Within fifteen working days from receiving the opinion solicitation document, the Vietnam Maritime Administration must provide a written response, clearly stating whether the mineral exploration and exploitation activities will impact the port development plan and the degree of impact on maritime safety, maritime security, and environmental pollution prevention.

3. Competent state agencies will only approve the exploration and exploitation of mineral resources in port waters after receiving a document from the Vietnam Maritime Administration confirming that such activities will not affect the port development plan and will ensure maritime safety, maritime security, and environmental pollution prevention.

4. During the implementation of the mineral exploration and exploitation project in port waters, investors must comply with regulations applicable to construction projects within port waters as stipulated in Articles 13, 14, and 80 of Decree No. 21/2012/NĐ-CP. Prior to commencing the project, the investor must notify the local maritime port service unit.

5. The Vietnam Maritime Administration shall direct local maritime port service units to supervise, inspect, and handle compliance with regulations concerning port planning, maritime safety, maritime security, and environmental pollution prevention during the exploration and exploitation of mineral resources in port waters.

1. Organizations and individuals violating laws in dredging activities, water areas, and zones in port waters through combined product recovery methods without using state budget funds and state management over maritime affairs concerning mineral exploration and exploitation in port waters, in addition to administrative penalties under regulations, must also bear one of the following measures:

a) Cease consideration and approval of project implementation proposals for intentional failure to supplement required documentation when requested.

Article 13. Handling Violations

- Ninety days after the Ministry of Transport issues a Decision approving the project implementation proposal, if the investor does not commence negotiations to sign a contract to implement the project, except in cases of legitimate reasons approved by the Ministry of Transport or the Vietnam Maritime Administration;

- One year after the Ministry of Transport issues a Decision approving the project implementation proposal, if the investor does not implement the project or delays implementation without legitimate reasons approved by the Ministry of Transport or the Vietnam Maritime Administration;

b) Terminate the implementation of the project in the following cases:

- Thirty working days after the project completion date or the termination date of the project contract, intentionally failing to transfer the works to the Vietnam Maritime Administration.

c) Consideration of prohibition from participating in dredging projects and other projects initiated by the Ministry of Transport or competent state management agencies for six months to three years for organizations and individuals violating provisions in Clause 2, Article 9 and Clause 1, Article 11 of this Circular causing serious consequences.

2. Investors and related organizations involved in project implementation who violate provisions of this Circular, in addition to being dealt with according to Clause 1 of this Article, the Ministry of Transport will consider sending information about violations to the Ministry of Planning and Investment to publish on the Bidding Newspaper and the Electronic Procurement Information Website, while also publishing on the Ministry of Transport and Vietnam Maritime Administration's websites.

3. The Vietnam Maritime Administration shall be responsible for evaluating the extent of violations by investors and proposing handling measures in accordance with Clauses 1 and 2 of this Article, submitting them to the Ministry of Transport for review and decision.

1. This Circular takes effect from November 1, 2013.

2. Accompanying this Circular is one Appendix containing two forms for project implementation registration and project proposal approval requests.

Article 14. Effective Date

3. Investors approved to implement projects before this Circular takes effect may continue to implement according to the provisions of the approval or approval document issued by competent state agencies.

2. This Circular is accompanied by one Appendix containing two forms of registration documents for implementing projects and proposal approval request documents.

3. Investors who have been approved to implement projects before this Circular takes effect shall continue to implement according to the provisions of the approval or approval documents issued by competent state agencies.

Article 15. Implementation Organization

1. The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Director of the Vietnam Maritime Administration, the Directors of the Department of Transport of the provinces and centrally governed cities, and related organizations, entities, and individuals shall be responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties, the relevant organizations, entities, and individuals are requested to report to the Ministry of Transport for timely consideration and resolution./.