Circular No. 26/2015/TT-BGTVT guiding the implementation of certain provisions of the Regulation on the management of inland container terminals issued together with Decision No. 47/2014/QĐ-TTg dated August 27, 2014 of the Prime Minister.

CIRCULAR

Guidelines for Implementing Certain Provisions of Article 24Regulations on management of activities of inland container depots issued together with Article 24Decision No. 47/2014/QĐ-TTg August 27, 2014 of theTthe Prime Minister Cof the GovernmentDeputy ministers of ministerial-level agencies,

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Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 47/2014/QĐ-TTg dated August 27, 2014 of the Prime Minister promulgating the Regulations on Management of Activities of Inland Container Depots;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Maritime Administration,

The Minister of Transport issues this Circular guiding the implementation of certain provisions of the Regulations on Management of Activities of Inland Container Depots issued together with Decision No. 47/2014/QĐ-TTg dated August 27, 2014 of the Prime Minister.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of the Regulations on Management of Activities of Inland Container Depots issued together with Decision No. 47/2014/QĐ-TTg dated August 27, 2014 of the Prime Minister (hereinafter referred to as the Regulations on Management of Activities of Inland Container Depots), including investment management, construction, announcement, and operation of inland container depots.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to investment management, construction, announcement, and operation of inland container depots.

Article 3. State management responsibilities for inland container depots of subordinate agencies under the Ministry of Transport

1. The Vietnam Maritime Administration is the focal point advising the Ministry of Transport in performing state management functions over inland container depots according to the Regulations on Management of Activities of Inland Container Depots and the provisions of this Circular.

2. The Vietnam Highway Administration, the Vietnam Inland Waterway Administration, the Vietnam Civil Aviation Administration, the Vietnam Railway Administration, and other relevant agencies organize the implementation of state management over inland container depots according to their assigned functions, tasks, and authorities.

Chapter II
MANAGEMENT OF INVESTMENT, CONSTRUCTION, AND OPERATION OF INLAND CONTAINER DEPOTS

Section 1
MANAGEMENT OF INVESTMENT AND CONSTRUCTION OF INLAND CONTAINER DEPOTS

Article 4. Responsibilities in the preparation, review, approval, and management of inland container depot planning

1. The preparation, review, approval, and management of inland container depot planning shall be carried out in accordance with the Regulations on Management of Activities of Inland Container Depots, the provisions of this Circular, and other relevant laws.

2. Responsibilities of the Ministry of Transport

a) Review and submit to the Prime Minister for approval of the overall development plan for the system of inland container depots or propose adjustments to the approved overall development plan;

b) Review, approve, and adjust the detailed development plan for inland container depots in accordance with regulations;

c) Organize public disclosure and guide, inspect the implementation of the approved development plan for inland container depots.

3. Responsibilities of the Vietnam Maritime Administration

a) Prepare and submit to the Ministry of Transport for review the overall development plan for the system of inland container depots to be submitted to the Prime Minister for approval and adjustment of the approved overall development plan;

b) Prepare the detailed development plan for inland container depots and propose adjustments to the detailed development plan for the system of inland container depots to be submitted to the Ministry of Transport for approval in accordance with regulations;

c) Coordinate with provincial People's Committees in approving the detailed construction plan for inland container depots at localities based on proposals from investors in line with the overall development plan and the approved detailed development plan for inland container depots;

d) Advise the Ministry of Transport in organizing the management, inspection, and supervision of the implementation of planning, investment, and construction of inland container depots in accordance with the approved plans;

e) Annually in the first quarter, compile and report to the Ministry of Transport the results of managing planning, investment, construction, and operation of inland container depots.

Article 5. Implementation of establishment, examination, approval, and adjustment of inland container terminal development plans

The contents, procedures, and formalities for establishing, examining, and approving the outline, tasks of the development plan, and the establishment, examination, and approval of the inland container terminal development plan, as well as adjustments to the plan, shall be carried out in accordance with the provisions of laws on industry and sector development planning and key products.

Article 6. Contents of the inland container terminal development plan

1. Main contents of the overall development plan for inland container terminals

a) Forecasting demand: domestic cargo transportation and import/export, transit; scientific and technological development trends; trends in infrastructure development in Vietnam and the affected region impacting the development of inland container terminals during the planning period;

b) Orientation planning for the development of inland container terminals nationwide;

c) List of priority investment projects and construction works for inland container terminals;

d) Preliminary investment capital for developing inland container terminals;

đ) Mechanisms and policies for developing inland container terminals.

2. Main contents of the detailed development plan for inland container terminals as stipulated in Clause 3, Article 12 of the Inland Container Terminal Operation Management Regulation.

3. Main contents of the detailed construction plan for inland container terminals

a) Analysis and evaluation of natural conditions, current construction status, and land utilization capacity including planned land for developing inland container terminals;

b) Determination of the nature, functions, and main indicators for land use, technical infrastructure, new construction content, and renovation (if applicable);

c) Master plan for land use; determination of indicators for area, building density, land use coefficient, and building height;

d) Planning of the technical infrastructure system for inland container terminals: determination of traffic network, cross-sections; location and scale of underground facilities; determination of water demand and supply sources; location and scale of water treatment plants, pumping stations; reservoirs, water supply pipeline networks, and detailed technical parameters; determination of electricity usage needs and supply sources; location and scale of distribution substations, medium-voltage and low-voltage power line networks, and port lighting; determination of connection points with existing power supply systems in the area; determination of drainage networks; location and scale of wastewater treatment and waste disposal facilities of the port;

đ) Anticipated priority development items and resources for implementation.

Article 7. Investment Construction Procedures for Inland Container Terminals

1. The investor submits one set of documents to the Ministry of Transport requesting investment and construction of an inland container terminal in accordance with the provisions of Clause 1, Article 15 of the Inland Container Terminal Operation Management Regulation, including the application form for investment and construction of an inland container terminal according to Model No. 1 attached to this Circular. If the submitted documents are incomplete, within two days from the date of receipt, the Ministry of Transport must issue a written notice guiding the investor to supplement and complete the documents.

2. Within one working day from the date of receiving all required documents, the Ministry of Transport issues a written request for opinions from relevant Departments and General Departments under the Ministry of Transport, provincial People's Committees, municipal People's Committees directly under the Central Government where the inland container terminal will be constructed, and other related agencies regarding the documents requesting investment and construction of an inland container terminal.

3. Within three working days from the date of receiving the Ministry of Transport's document, the agencies requested for opinions as stipulated in Clause 2 of this Article must provide their written comments on the investor's documents for investment and construction of an inland container terminal to the Ministry of Transport.

4. Within seven working days from the date of receiving all required documents as stipulated in Clause 1 of this Article, the Ministry of Transport issues a written approval for investment and construction of an inland container terminal according to Model No. 2 attached to this Circular. In case of disapproval, it must respond in writing and specify the reasons.

Section 2
PROCEDURES FOR ANNOUNCING THE OPENING AND CLOSURE OF INLAND CONTAINER TERMINALS AND MANAGEMENT OF PORT OPERATIONS

Article 8. Procedures for Announcing the Opening of Inland Ports

1. The investor shall submit to the Ministry of Transport one (01) set of documents requesting the announcement of the opening of an inland port in accordance with Clause 1 of Article 18 of the Regulation on the Management of Inland Port Operations, including the request for announcing the opening of an inland port according to Model No. 3 attached as an appendix to this Circular. If the documents are not complete as required, within two (02) days from the date of receipt of the documents, the Ministry of Transport must issue a written guidance to the investor to supplement and perfect the documents.

2. Within two (02) working days from the date of receiving all documents as stipulated in Clause 1 of this Article, the Ministry of Transport shall issue a written document seeking opinions from relevant Departments and General Departments under the Ministry of Transport, the People's Committee of the province or centrally governed city where the inland port is being invested in and constructed, and other related agencies regarding the documents requesting the announcement of the opening of an inland port.

3. Within seven (07) working days from the date of receipt of the written document from the Ministry of Transport, the agencies specified in Clause 2 of this Article shall issue written comments on the documents requesting the announcement of the opening of an inland port submitted by the investor to the Ministry of Transport.

4. Within fifteen (15) working days from the date of receiving all documents as required, the Ministry of Transport shall decide to announce the opening of an inland port according to Model No. 4 attached as an appendix to this Circular; in case of non-approval, it must respond in writing and specify the reasons.

Article 9. Announcement of the Opening of an Inland Port at a Location Currently Conducting Import and Export Customs Clearance Activities

1. The investor at a location currently conducting import and export customs clearance activities shall submit the documents requesting the announcement of the opening of an inland port in accordance with Clause 1 of Article 8 of this Circular.

2. Within five (05) working days from the date of receiving all documents as stipulated in Clause 1 of this Article, the Ministry of Transport shall take the lead and coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Public Security, the Ministry of National Defense, the People's Committee of the province or centrally governed city where the customs clearance location is located, and other related agencies to organize inspections and evaluations of specific conditions for announcing the opening of an inland port at the customs clearance location.

3. Within three (03) working days from the date of completion of the inspection and evaluation, the Ministry of Transport shall decide to announce the opening of an inland port according to Model No. 4 attached as an appendix to this Circular; in case of non-approval, it must respond in writing and specify the reasons.

Article 10. Procedures for Announcing the Closure of an Inland Port Due to Insufficient Operating Conditions or at the Request of the Investor

1. Organizations and individuals requesting the closure of an inland port shall submit to the Ministry of Transport one (01) document requesting the announcement of the closure of an inland port according to Model No. 5 attached as an appendix to this Circular.

2. Within one (01) working day from the date of receipt of the request document as stipulated in Clause 1 of this Article, the Ministry of Transport shall issue a written document seeking opinions from related agencies.

3. Within two (02) working days from the date of receipt of the written document from the Ministry of Transport, the agencies specified in Clause 2 of this Article shall issue written comments on the documents requesting the announcement of the closure of an inland port and submit them to the Ministry of Transport.

4. Within five (05) working days from the date of receipt of the request document as stipulated in Clause 1 of this Article, the Ministry of Transport shall decide to announce the closure of an inland port according to Model No. 6 attached as an appendix to this Circular; in case of non-approval, it must respond in writing and specify the reasons.

Article 11. Management of Inland Port Operations

1. The management of investment, construction, and operation of inland ports must comply with the development plan for the inland port system, relevant laws, regulations, and technical standards issued and announced by competent state agencies.

2. Organizations and individuals participating in investment, construction, or operation of inland ports shall base their actions on relevant legal provisions and specific conditions at the inland port to establish and promulgate inland port rules containing the following main contents:

a) Measures for managing, inspecting, and supervising transportation means entering and leaving the inland port;

b) Measures for managing, inspecting, and supervising human activities and transportation means within the inland port;

c) Procedures for exporting and importing goods at the inland port in accordance with regulations;

d) Additional services for goods at the inland port;

đ) Communication facilities at the inland port;

e) Ensuring order, safety, and security at the inland port;

g) Ensuring hygiene, environmental protection, fire prevention, and explosion prevention at the inland port;

h) Necessary contents and measures aimed at ensuring effective common operations, preventing smuggling, commercial fraud, and tax evasion in inland port activities according to the Rules on Management of Inland Port Activities;

i) Coordination with state management agencies at the inland port.

Article 12. Inspection and Supervision of Activities at Inland Ports

1. The Vietnam Maritime Administration shall coordinate with related agencies under the Ministry of Transport and People's Committees of provinces and centrally governed cities where there are inland ports to organize inspections and supervision of compliance with the Rules on Management of Inland Port Activities, this Circular, and relevant legal provisions by organizations and individuals involved in investment, construction, and operation of inland ports.

2. State management agencies shall carry out inspections and supervision of inland port activities based on their assigned functions, tasks, and authorities in accordance with the Rules on Management of Inland Port Activities, this Circular, and relevant legal provisions.

Chapter III
IMPLEMENTATION

Article 13. Effective Date

1. This Circular takes effect from August 15, 2015.

2. Attached to this Circular is an Appendix consisting of six Forms.

Article 14. Implementation Organization

1. The Head of the Ministry’s Office, the Head of the Ministry’s Inspectorate, Heads of Departments, the Director of the Vietnam Road Administration General Department, Directors of specialized management agencies under the Ministry of Transport, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. During implementation, if any difficulties arise, agencies, organizations, and individuals should report them to the Vietnam Maritime Administration for timely reporting to the Ministry of Transport for consideration and resolution./.