Decision No. 27/2005/QD-BGTVT On inland waterway management

DECISION OF THE MINISTER OF TRANSPORT

Regarding inland waterway management

THE MINISTER OF TRANSPORTATION

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

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government detailing the implementation of certain provisions of the Law on Inland Waterway Transport;

Considering the proposal of the Director of the Legal Department and the Director of the Vietnam Inland Waterways Administration,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision stipulates the classification of inland waterways; the announcement of opening and closing of inland waterway routes; the scope of protected waterway corridors and boundary markers;; regulations on projects for constructing works related to inland waterway transport; restrictions on inland waterway transport and measures to ensure safety of inland waterway transport.

Article 2. Applicability

This Decision applies to organizations and individuals involved in inland waterway transport activities.

Chapter II

REGULATIONS ON INLAND WATERWAY MANAGEMENT

Section 1

Regulations on types of inland waterways

Article 3. Classification of inland waterways

Inland waterways are classified into national inland waterways, local inland waterways, and specialized inland waterways.

1. National inland waterways are waterway routes connecting major economic, cultural, and social centers or important transportation hubs serving the economy, national defense, and security, or waterway routes with international shipping operations.

2. Local inland waterways are waterway routes within the administrative jurisdiction of provinces or centrally governed cities, mainly serving the economic and social development of the locality.

3. Specialized inland waterways are channels connecting port waters or specialized inland waterway terminals to national or local inland waterways, serving the transportation needs of specific organizations or individuals.

Article 4. Authority to decide on the classification of inland waterways and adjustments to their classification

1. National inland waterways are decided upon by the Minister of Transport.

2. Local inland waterways are decided upon by the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as the Chairman of the Provincial People's Committee).

3. Specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through two or more provinces, or specialized inland waterways connecting national inland waterways with local inland waterways are decided upon by the Minister of Transport.

Specialized inland waterways connecting to local inland waterways are decided upon by the Chairman of the Provincial People's Committee.

Adjustments to the classification of inland waterways are regulated as follows:

a) The Chairman of the Provincial People's Committee decides to adjust from local inland waterways to specialized inland waterways connecting to local inland waterways or vice versa based on the proposal of the Department of Transport or the Department of Transport and Public Works.

b) The Minister of Transport decides on the adjustment of the classification of inland waterways for cases other than those specified in point a of this clause based on the proposal of the Vietnam Inland Waterways Administration or the Provincial People's Committee.

Section 2

Regulations on the announcement of opening and closing of inland waterway routes

Article 5. Announcement of opening of inland waterway routes

1. The announcement of opening of an inland waterway route is the decision of the competent authority to bring the waterway route under management and exploitation.

2. Contents of the announcement of opening of an inland waterway route:

a) Type of inland waterway;

b) Length of the waterway route (place names, hydrographic names, and kilometers according to length); technical grade of the channel and general technical grade of the waterway route;

c) Time of commencement of transport operations on the waterway route.

Article 6. Procedures for announcing the opening of inland waterway routes

1. The following organizations and individuals are responsible for preparing the application dossier to request the competent authority to announce the opening of an inland waterway route:

a) The Vietnam Inland Waterways Administration prepares the application dossier to request the announcement of opening of a national inland waterway route;

b) The Department of Transport or the Department of Transport and Public Works prepares the application dossier to request the announcement of opening of a local inland waterway route;

c) Organizations or individuals using specialized channels prepare the application dossier to request the announcement of opening of the channel which is reviewed by the Vietnam Inland Waterways Administration for specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through two or more provinces, or specialized inland waterways connecting national inland waterways with local inland waterways, or reviewed by the Department of Transport or the Department of Transport and Public Works for specialized inland waterways connecting to local inland waterways. After reviewing the dossier, the Vietnam Inland Waterways Administration, the Department of Transport, or the Department of Transport and Public Works submit it to the competent authority for announcement.

If there are two or more organizations or individuals jointly using a specialized channel, the owner of the port or wharf that allows vessels with the greatest draft to enter and exit the specialized channel shall be responsible for preparing and submitting the dossier.

2. The application dossier for announcing the opening of an inland waterway route includes:

a) For new projects to open an inland waterway route or projects to improve and upgrade an inland waterway route:

- A report requesting the announcement of opening of an inland waterway route;

- Approval decision on the project;

- Project design dossier;

- Completion dossier of the work;

- Acceptance certificate of the completed work for operation issued by the investor.

b) For inland waterway routes being re-announced or without investment projects:

- A report requesting the announcement of opening of an inland waterway route;

- Approved planning for the development of inland waterway transport;

- Survey map of the current condition of the inland waterway route to be announced;

- Description of the inland waterway route;

- Layout diagram of inland waterway navigation aids system; organization of inland waterway management along the route.

Article 7. ANNOUNCE Closing of inland waterway routes

1. During the exploitation of inland waterway channels and routes, if it is found that the channels and routes do not ensure safety for transportation activities, there is no longer a need for transportation exploitation, or for reasons of security and national defense, the competent authority shall decide to close the inland waterway channels and routes.

2. Organizations and individuals who have established files requesting the announcement of opening inland waterway channels and routes shall be responsible for preparing documents to submit to the competent authority to decide on the announcement of closing inland waterway channels and routes, except in cases of security and national defense reasons.

3. The contents of the decision to announce the closure of inland waterway channels and routes include:

a) The reason for closing the inland waterway channels and routes;

b) The length of the inland waterway channels and routes (place names, hydrographic names, and kilometers of the channels and routes);

c) The time of starting the closure of the inland waterway channels and routes.

Article 8. Authority to announce the opening and closure of inland waterway channels and routes

The state management agency with the authority to classify inland waterways as stipulated in Article 4 of this Decision shall be responsible for announcing the opening and closure of inland waterway channels and routes for the type of inland waterways within its decision-making authority.

Section 3

Scope of the channel protection zone and boundary markers

Article 9. Scope of the channel protection zone

1. The scope of the channel protection zone shall be implemented according to the provisions of Article 3 of Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government.

In the case of channels not adjacent to the shore as provided for in point a, Clause 1, Article 3 of the Decree, the scope of the channel protection zone shall be specifically defined according to the technical grade of the inland waterway as follows:

a) For channels on lakes, bays, and river mouths: from over 20 meters to 25 meters;

b) For channels of Grade I and Grade II: from over 15 meters to 20 meters;

c) For channels of Grade III and Grade IV: from over 10 meters to 15 meters;

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

2. For inland waterway routes that have been approved in planning, the determination of the scope of the channel protection zone shall be based on the technical grade of the inland waterway according to the plan to implement.

3. Investment projects to upgrade existing inland waterway routes or new route opening projects must base on the plan to clearly determine the technical grade of the inland waterway route after completion of the project, determine the scope of the channel protection zone, develop plans, and set up boundary markers.

Determining the scope of the channel protection zone, developing plans, and setting up boundary markers are considered a component of the project.

Article 10. Provisions regarding the establishment of boundary markers

1. The inland waterway management unit in the region shall be responsible for determining the scope of the channel protection zone, embankments, and traffic dams within the management area.

2. After determining the scope of the channel protection zone, embankments, and traffic dams, boundary markers for the protection zone or signs shall be installed to define the scope of the channel protection zone.

3. Boundary markers after installation will be handed over to the local commune-level authorities for management. The specifications of the boundary markers and the distance between them shall be carried out according to the Appendix of this Decision.

Article 11. Responsibilities for the establishment of boundary markers

1. The Vietnam Inland Waterway Administration shall be responsible for:

a) Guiding the determination of the scope of the channel protection zone, embankments, and traffic dams and the establishment of boundary markers;

b) Directing the inland waterway management units to coordinate with local authorities at all levels to conduct surveys and establish boundary markers on national inland waterway routes;

c) Inspecting and urging the determination of the scope of the channel protection zone and the establishment of boundary markers on local inland waterway routes.

2. The People's Committee of the province shall be responsible for directing the determination of the scope of the channel protection zone, embankments, and traffic dams and the establishment of boundary markers on local inland waterway routes.

3. Organizations and individuals managing and exploiting dedicated channels shall be responsible for determining the scope of the channel protection zone, organizing the establishment of boundary markers, and managing and protecting boundary markers within the scope of the channels they manage, following the guidance of specialized management agencies. When implementing, they must coordinate with local authorities at all levels.

4. Investors of projects to upgrade, renovate, or open new inland waterway routes when handing over the completed inland waterway route to the inland waterway management unit must hand over complete land clearance files, the scope of the channel protection zone, embankments, traffic dams, and boundary markers.

Section 4

Provisions regarding construction projects related to

In recent years, the Ministry of Transport has cooperated with the Ministry of Public Security and People's Committees of provinces and centrally governed cities in the work of propaganda, dissemination, and education on laws related to inland waterway transport to all levels of the population, especially those involved in inland waterway transport and transportation; directed agencies and units to strengthen inspection, supervision, and administrative violation handling in the field of inland waterway transport. Thanks to this, the awareness and actions of organizations and individuals managing and participating in inland waterway transport have shown positive changes; inland waterway transport activities have gradually become regulated.

Article 12. Project preparation stage

1. Organizations and individuals when establishing projects to construct the following works within the protected channel area must seek the opinion of the competent state management agency regarding inland waterway transport:

a) Building permanent bridges, temporary bridges, ferry terminals, floating structures on inland waterways;

b) Constructing overhead or underwater pipelines and power lines crossing channels;

c) Constructing embankments, dams, and other rectification works (except flood and storm prevention and dike protection works);

d) Building fish ports; ports serving security and defense purposes;

đ) Excavating channels (except annual maintenance dredging of inland waterways);

e) Exploiting natural resources;

g) Conducting salvage operations and removing obstructions.

2. The file seeking the opinion of the competent state management agency regarding inland waterway transport as stipulated in Clause 1 of this Article includes:

a) A document requesting the competent state management agency regarding inland waterway transport to provide comments. The content of the document must clearly state the location, scale of the work, hydrological conditions, and main structures of the work.

b) A map of the construction site or a map showing the location of the work with coordinates and relative elevation marks linked to the national reference system;

c) In addition to the provisions in points a and b of this clause, the file must include the following documents as required for each specific case:

- For bridge construction projects:

+ Data on ship passage clearance (location, bridge span, clear height above water);

+ Longitudinal section of the work shown on the cross-section of the riverbed;

+ For rotating, lifting, and pontoon bridges, the operation and technology for opening and closing must be clearly stated, along with the expected water areas allocated for mooring vessels while waiting.

- For pipeline and overhead line construction projects crossing channels:

+ Plan showing the lowest point of the power line or pipeline (the lowest point of the power line including the safe clearance according to the prescribed standards)

- For underground projects under riverbeds:

+ Plan showing the dimensions and elevation of the top structure of the underground project.

- For ferry terminal projects:

+ Plan showing the direction and dimensions of the terminals on both banks, auxiliary structures, and necessary water areas for ferry operations.

- For fishery ports; security and defense ports:

+ Plan showing the layout of the port area, dimensions and structure of the wharves, auxiliary structures, and necessary water areas for port operations.

- For revetment projects;整治工程项目：

+ Plan showing the direction and dimensions of the project, the part of the project protruding from the bank.

- For channel dredging and resource exploitation projects:

+ Topographic maps, cross-sections, and marker records to determine the location for dredging, dumping soil, or resource exploitation.

3. The competent state management agency for inland waterway transport as stipulated in Clause 1 Article 15 of this Decision shall examine the dossier and issue a written response within ten working days from the date of receipt of all required documents. In case of complex situations requiring an extension of the examination period, the competent authority must provide a written response specifying the reasons and additional time needed.

Article 13 . Implementation phase of the project

1. Before commencing construction of the works specified in Clause 1 of Article 12 of this Decision, the project investor or the organization or individual constructing the works must submit a dossier to the competent state management agency for inland waterway transport requesting approval of the traffic safety assurance plan. The dossier includes:

a) A request for approval of the traffic safety assurance plan;

b) Construction plan for the works;

c) Traffic safety assurance plan for the construction site area, including:

- General description of the plan;

- Overall layout plan showing the arrangement of navigational aids for traffic safety, positions of control stations, and the deployment of control equipment;

- Human resource allocation plan;

- Regulations guiding vessel passage through the construction site;

- Duration of implementation of the plan;

- Summary table of items and work volumes.

2. The competent state management agency for inland waterway transport as stipulated in Clause 2 of Article 15 of this Decision shall examine the dossier, and if it approves the traffic safety assurance plan, it shall issue a written opinion to the project investor or the organization or individual constructing the works within five working days from the date of receipt of all required documents as stipulated in Clause 1 of this Article.

If the traffic safety assurance plan is not approved or requires an extension of the examination period, the competent state management agency must provide a written response specifying the reasons and additional time needed.

3. The project investor or the organization or individual constructing the works and the unit managing inland waterway transport in the region shall jointly determine the construction water area on-site, including: the scope of water area serving construction; the current channel condition within the impact range of the construction works.

4. During the construction process, the project investor or the organization or individual constructing the works must fully implement the traffic safety assurance plan. If there is a need to change the construction plan affecting inland waterway traffic safety, the project investor or the organization or individual constructing the works must resubmit the dossier to the competent state management agency for inland waterway transport for re-examination and approval of the traffic safety assurance plan.

Article 14. Upon completion of the project

1. Within thirty days from the date of completion of construction of the works specified in Clause 1 of Article 12 of this Decision, the project investor or the organization or individual constructing the works must carry out the following tasks:

a) Install inland waterway navigation aids as prescribed for the works;

b) Organize sweeping and clearing of obstructions generated during construction within the construction water area or outside the construction water area affecting inland waterway traffic safety;

c) Hand over the channel and the protected channel width to the unit managing inland waterway transport in the region, including:

- Inspection and sweeping record of the water area at the construction site after completion of the works between the project investor or the organization or individual constructing the works and the unit managing inland waterway transport in the region based on the agreed sweeping plan;

- Confirmation record of the unit managing inland waterway transport that the installation of inland waterway navigation aids for the works complies with regulations;

- Handover record of the channel at the construction site between the project investor or the organization or individual constructing the works and the unit managing inland waterway transport in the region based on the inspection and sweeping results of the construction site;

- As-built drawings including:

+ Overall plan of the position of the works and the scope of sweeping and clearing obstructions in the construction site. The plan must be confirmed by the project investor, the organization or individual constructing the works, and the unit managing inland waterway transport in the region;

+ Longitudinal section of the works (for bridge, power line, or pipeline works crossing the channel above or below the riverbed), or a cross-sectional view of the river at the location of the works having the greatest impact on inland waterway transportation in the region (for revetment, dam, dredging, and obstruction removal works), or cross-sectional views determined during the investment project planning stage (for dredging and resource exploitation works);

+ Layout diagram of inland waterway navigation aids for the works.

2. The unit managing inland waterway transport in the region shall be responsible for monitoring, inspecting, guiding, and urging the project investor or the organization or individual constructing the works to comply with the provisions of Clause 4 of Article 13 and Clause 1 of this Article.

3. Until the provisions of Clause 1 of this Article are implemented, the project investor shall be responsible for any consequences caused by the loss of inland waterway traffic safety in the region.

Article 15. Competent authority to examine projects within the scope of channel protection

1. The authority to provide comments during the project investment planning phase is stipulated as follows:

a) The Ministry of Transport shall examine and provide comments on national key projects and group A projects.

b) The Vietnam Inland Waterway Administration shall examine and provide comments on group B and C projects on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two or more provinces; dedicated inland waterways connecting national inland waterways with local inland waterways.

c) Provincial Departments of Transport and Provincial Departments of Transport and Public Works shall examine and provide comments on group B and C projects on local inland waterways; dedicated inland waterways connecting with local inland waterways.

2. The authority to approve traffic safety assurance plans during the implementation phase of the project is stipulated as follows:

a) The Vietnam Inland Waterway Administration shall examine and approve traffic safety assurance plans for construction works on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two or more provinces; dedicated inland waterways connecting national inland waterways with local inland waterways.

b) Provincial Departments of Transport and Provincial Departments of Transport and Public Works shall examine and approve traffic safety assurance plans for construction works on local inland waterways; dedicated inland waterways connecting with local inland waterways.

c) For construction works that only fall within the scope of the channel protection zone and the construction period does not exceed seven days, the regional inland waterway management unit shall examine and approve traffic safety assurance plans.

3. Projects classified as national key projects, group A, B, and C projects shall be implemented in accordance with current regulations on investment and construction management.

Section 5

Provisions on restrictions on inland waterway traffic

and measures to ensure traffic safety

Article 16. Provisions on measures to ensure traffic safety

1. Cases of restricting inland waterway traffic are prescribed in Clause 1, Article 21 of the Law on Inland Waterway Traffic.

2. Measures to ensure traffic safety in cases of restricting inland waterway traffic are stipulated as follows:

a) Ensuring traffic safety by means of inland waterway signals when the affected area does not exceed one-third of the width of the channel.

b) Ensuring traffic safety by means of a combined control station and inland waterway signals when the affected area exceeds one-third of the width of the channel.

The competent authority to announce traffic restrictions shall examine and decide on traffic safety assurance measures in accordance with the provisions of Clause 2 of this Article.

Article 17. Procedures for announcing restrictions on inland waterway traffic

1. In the case of construction works:

Organizations and individuals conducting construction works shall submit documents as prescribed in Clause 1, Article 13 of this Decision to the competent authority.

The state management agency with the authority over inland waterway traffic as prescribed in Clause 2, Article 15 of this Decision, after examining and approving the traffic safety assurance plan, shall be responsible for announcing restrictions on inland waterway traffic.

2. In the case of organizing sports events, festivals, or drills on inland waterways:

Organizations and individuals wishing to organize such activities shall submit a written request to the state management agency with the authority over inland waterway traffic requesting the announcement of traffic restrictions. The request must clearly specify the location, time, scope, and scale of the activity.

The competent authority to announce restrictions on inland waterway traffic as prescribed in Article 18 of this Decision shall examine and determine traffic safety assurance measures and issue a written response within five working days from the date of receipt of the request, and implement the announcement of traffic restrictions on inland waterways. The response must clearly specify requirements for traffic safety assurance measures.

3. In the case of sudden obstructions; flood prevention, typhoon, natural disaster relief, or national defense and security assurance:

The competent authority to announce restrictions on inland waterway traffic as prescribed in Article 18 of this Decision shall base on actual needs to determine traffic safety assurance measures and implement the announcement of traffic restrictions on inland waterways.

4. Costs for announcing traffic restrictions and implementing traffic safety assurance measures during the restriction period shall be borne by organizations and individuals conducting construction works or carrying out activities as prescribed in Clauses 2 and 3 of this Article, except in cases of ownerless sudden obstructions.

Article 18. Authority to announce traffic restrictions

In addition to the case prescribed in Clause 1, Article 17 of this Decision, the authority to announce restrictions on inland waterway traffic is stipulated as follows:

1. The Ministry of Transport shall examine and announce restrictions on inland waterway traffic for ensuring national defense and security.

2. The Vietnam Inland Waterway Administration shall examine and announce restrictions on inland waterway traffic on national inland waterways, dedicated inland waterways connecting with national inland waterways, dedicated inland waterways passing through two or more provinces, dedicated inland waterways connecting national inland waterways with local inland waterways, in cases where complete inland waterway traffic is prohibited on the channel for a continuous period of 24 hours or more, except for the case prescribed in Clause 1 of this Article.

Regional inland waterway management units under the Vietnam Inland Waterway Administration shall examine and announce restrictions on inland waterway traffic within their jurisdiction for other cases outside the authority of the Vietnam Inland Waterway Administration.

3. Provincial Departments of Transport and Provincial Departments of Transport and Public Works shall examine and announce restrictions on inland waterway traffic on local inland waterways and dedicated inland waterways connecting with local inland waterways.

Chapter III

IMPLEMENTING PROVISIONS

Article 19. Effectiveness

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Repeal Circular No. 299/2000/TT-BGTVT dated August 4, 2000 guiding the implementation of Article 22 and Article 23 of Decree No. 171/1999/NĐ-CP dated December 7, 1999 of the Government and Circular No. 329/2000/TT-BGTVT dated August 31, 2000 guiding the implementation of certain provisions of Decree No. 171/1999/NĐ-CP dated December 7, 1999 of the Government detailing the enforcement of the Ordinance on the protection of transportation works for inland waterway transportation works.

Article 20. Responsibility for Implementation

The Director of the Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, Directors of Provincial Departments of Transport and Public Works, Heads of agencies, units, and individuals concerned shall be responsible for implementing this Decision./.