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

CIRCULAR

Guidelines for Implementing Article 22 and Article 23 of Decree No. 171/1999/NĐ-CP dated December 7, 1999 of the Government

dated December 7, 1999

To uniformly implement the provisions of Article 22 and Article 23 of Decree No. 171/1999/NĐ-CP dated December 7, 1999 of the Government detailing the implementation of the Ordinance on Protection of Transport Works for inland waterway transport works, the Ministry of Transport hereby provides specific guidelines as follows:

I. Scope of Application

This Circular applies to all organizations and individuals conducting activities as prescribed below within the scope of protection of inland waterway transport works or outside such scope but affecting the safety of inland waterway transport and the safety of inland waterway transport works:

1.Construction of permanent bridges and temporary bridges;

2.Construction of overhead power lines, communication lines, and pipelines over or under the river;

3.Construction of ports, wharfs, ferry terminals;

4.Construction of bank protection works, river improvement works, and works related to flood control;

5.Execution of dredging works;

6.Execution of salvage and clearance of obstructions.

II. Procedures for Project Investment Planning

For projects that must have an investment plan prepared according to the laws on investment management and construction, when preparing the investment plan, the project preparer must submit the application file to the competent authority specified in Part IV of this Circular. The file includes:

a.A request letter to the competent authority for comments on the investment plan. The content of the letter must clearly state the location, scale of the work, hydrological conditions, and main structures of the work;

b.A map of the area where the work is located or a map showing the location of the work with coordinates and relative elevation marks linked to national benchmarks.

c.In addition to the above documents, the project preparer must also submit additional documents for each specific case as follows:

*/ For permanent bridge and temporary bridge projects:

Information about the navigable clearance (location, width, height);

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

For rotating bridges, lifting bridges, and pontoon bridges, the opening and closing methods and the planned water area for vessels to anchor while waiting must be clearly stated.

*/ For pipeline and overhead cable projects crossing the river:

Drawings and data clearly showing the lowest point of the cable or pipeline (the lowest point of the power line including the safety corridor according to current regulations).

*/ For underground projects::

Drawings showing the size and elevation of the top structure of the underground work.

*/ For ferry terminal projects:

Drawings showing the direction and size of the terminals on both banks of the river, auxiliary facilities, and necessary water areas for ferry operations.

*/ For bank protection works, river improvement works, and works related to flood control:

Drawings showing the dimensions and orientation of the works, parts extending from the shore.

2.The competent authority shall examine the application file regarding factors related to the safety of inland waterway transport works and the safety of inland waterway transportation, and provide written comments to the project preparer within ten days from the date of receipt of a complete and valid file. In complex cases requiring extended research time, the competent authority must provide written comments stating the reasons and additional time required.

III. Procedures for Permitting Construction of Works Within the Scope of Protection of Inland Waterway Transport Works

1.Before commencing construction of works or carrying out activities as stipulated in Part I, the project investor or construction unit must submit an application file to the competent authority for permission to construct. The file includes:

a.A letter sent to the inland waterway management agency in the area where construction permission is sought. The content of the letter must clearly state the scale of the construction work, the progress schedule for various components of the work within the scope of protection of transport works, the scope of water area to be used, and the commitment to clean up the site after construction.

b.If constructing within the scope of navigation channels, the project investor or construction unit must have a plan to ensure waterway safety during the construction period and must arrange warning signals and barriers according to the guidance of the inland waterway management agency in the area.

c.A copy of the written opinion of the competent authority for projects that require an investment plan;

d.In addition to the above documents, a map of the construction area (for works crossing the river) and a map of the dredging area, permissible dredging volume, disposal location of soil and sand, and other procedures according to current regulations (for dredging works) must also be submitted.

2.The competent authority shall examine the application file, and if it meets the conditions stipulated, issue a written permit for construction to the project investor or directly responsible construction unit within five days from the date of receipt of a complete and valid file. In urgent special cases such as salvaging sunken vessels or clearing obstructions causing traffic congestion, the vessel owner, obstruction owner, and local inland waterway management agency must agree on a plan to ensure safety through the construction area and bear responsibility for any accidents during construction.

3.After completion of construction, the owners of the works mentioned in Part 1 must hand over the following files to the local inland waterway management agency:

a.An inspection report of the channel area within the construction water area witnessed by representatives of the local inland waterway management agency;

b.Completion files of the construction area;

c.A general drawing of the completed work.

4.Until the handover process is completed, the work owner and obstruction owner must be responsible for any consequences causing safety issues for vessels passing through the construction site.

IV. Competent Authority for Resolution

1.Authority to Comment During the Investment Plan Stage

a.The Ministry of Transport shall review and provide written comments on projects belonging to Group A;

b.The Vietnam Inland Waterways Administration shall review and provide written comments on projects belonging to Groups B and C on central inland waterways;

c.Provincial Departments of Transport and Provincial Departments of Transport and Public Works shall review and provide written comments on projects belonging to Groups B and C on provincial inland waterways.

(Projects classified as Group A, B, or C according to current regulations on investment and construction management).

2. Competence to issue construction permits

The Vietnam Inland Waterways Administration shall examine and resolve cases of construction on central inland waterways;

Departments of Transport, Departments of Transport Infrastructure shall examine and resolve cases of construction on local inland waterways.

V. Implementation

This Circular takes effect fifteen days from the date of signature and replaces Circular No. 318/PC dated September 6, 1996 and Decision No. 2047/QD-PC dated August 6, 1996 of the Minister of Transport.

The Head of the Legal Affairs Department for Transport, the Director of the Vietnam Inland Waterways Administration, the Directors of Departments of Transport, Departments of Transport Infrastructure, and all relevant organizations and individuals are responsible for implementing the provisions of this Circular.

Any difficulties or issues encountered during implementation shall be reported back to the Ministry of Transport for study and appropriate supplementation or amendment./.