Circular No. 31/2016/TT-BGTVT on the organization and operation of Maritime Port Control Units

CIRCULAR

Provisions on the organization and operation of Marine Port Control Units

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Pursuant to the Maritime Code of Vietnam dated November 25, 2015;

Pursuant to DecreeDecision No. 107/2012/ND-CP dated 20 the 12 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;12 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Giao thông vận tải;

the Director the proposal of Director of the Cadre and Civil Service Department and Director of the Vietnam Maritime Administration;

The Minister of Transport issues this Circular stipulating on the organization and operation of the Port Maritime Administration.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the organization and operation of Marine Port Control Units.

Article 2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of Marine Port Control Units.

1. The organization and operation of Port Control for Maritime Transport, Inland Waterway Port Control shall comply with the provisions of the Vietnam Maritime Code, the Law on Inland Waterway Transport, this Circular, other relevant laws, and international treaties to which the Socialist Republic of Vietnam is a party.

1. A maritime port shall be managed by one Port Maritime Administration in terms of state management over maritime affairs.

2. One Port Maritime Administration shall perform state management tasks at one or more maritime ports and the assigned management area.

3. The Minister of Transport shall decide to establish, reorganize, or dissolve Port Maritime Administrations based on the proposal of the Director of the Vietnam Maritime Administration.

4. The organization and operation of the Port Maritime Administration must comply with the provisions of the Vietnamese Maritime Code, this Circular, and other relevant legal regulations of Vietnam and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter II

FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE

Article 3. Position and Functions

Clause 1. A Marine Port Control Unit is a subordinate agency under the Vietnam Maritime Administration, performing state management tasks for maritime activities at seaports and the assigned management area.

Clause 2. A Marine Port Control Unit has legal personality, has its own office, uses its own seal, and opens accounts at the State Treasury.

3. The Port Maritime Administration has the English name of Maritime Administration of ... (specific name of the Port Maritime Administration).

Article 4. Tasks and Powers

1. Participate in building the planning and development plans for maritime ports, marine transport, shipbuilding industry, and organize supervision of their implementation in the management area after approval by competent state authorities.

2. Organize the implementation of regulations on maritime activity management at maritime ports and the management area; inspect and supervise maritime channels, maritime signaling systems, maritime works; inspect maritime activities of organizations and individuals at maritime ports and the management area.

3. Take the lead in coordinating with other specialized state management agencies at maritime ports and related forces in approving security assessments for maritime ports; guide port enterprises in conducting security assessments for maritime ports; inspect and supervise the implementation of approved security plans for maritime ports.

4. Approve and organize the supervision of the implementation of safety assurance plans for maritime activities.

5. Inspect and supervise the implementation of planning for new construction, repair, and dismantling of ships within the scope of authority.

6. Manage the infrastructure of maritime ports within the management area.

7. Organize inspections and supervision of maintenance and inspection of bridges and port berths.

8. Issue permits and supervise vessels arriving at, departing from, and operating at maritime ports and the management area; not allowing vessels to arrive at or depart from the port when they do not meet necessary conditions regarding maritime safety, maritime security, maritime labor, and environmental pollution prevention according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

9. Implement confirmation of maritime protest submissions; implement decisions to arrest ships made by competent state authorities and temporary detention of ships according to regulations.

10. Promote and disseminate maritime laws to relevant organizations and individuals.

11. Lead and coordinate the operation of activities between state management agencies at maritime ports.

12. Coordinate with Border Guard Forces, state management agencies at maritime ports, related forces, local authorities, and port enterprises in managing and protecting security and order at maritime ports.

13. Organize the implementation of ship registration and crew registration when authorized by competent authorities.

14. Implement control of vessel loading capacity and speed at maritime ports; inspect container safety at maritime ports within the management area.

15. Supervise maritime service prices; manage marine transport; manage inland waterway routes from shore to islands and between islands as assigned.

16. Conduct state inspections of foreign ships at maritime ports, inspect safety of Vietnamese ships and inland waterway vessels operating in port waters and the management area; investigate and handle maritime accidents at maritime ports and the management area according to authority.

17. Lead and coordinate maritime traffic operations at maritime ports and the management area and organize search and rescue operations in port waters; mobilize people and necessary means to carry out search and rescue operations or handle environmental pollution incidents.

18. Organize the implementation of disaster prevention work in the maritime sector and coordinate in implementing oil spill response procedures at maritime ports and the management area.

19. Implement the publication of maritime notices and the handling of sunken assets according to authority.

20. Organize the implementation of maritime inspections and administrative penalties according to authority.

21. Manage the organizational structure, staffing, civil servants, officials, and employees; implement salary systems and incentive, reward, and disciplinary policies for civil servants, officials, and employees under the management of the Port Maritime Administration according to law; build the organizational structure, job positions, and official structure according to occupational titles of the Port Maritime Administration and report to the Vietnam Maritime Administration for review and submission to the competent authority for approval.

22. Implement financial mechanisms according to regulations of competent state authorities; collect various maritime fees and charges according to law; use revenue from maritime fees, state budget, and other sources according to law to fulfill assigned tasks.

23. Develop and submit to the competent authority for approval the self-financing mechanism, annual budget revenue and expenditure plan, and organize its implementation; manage and use assigned assets and finances according to law.

24. Directly engage with domestic and foreign organizations and individuals related to the performance of assigned functions, tasks, and powers according to law.

25. Implement statistical and reporting systems according to regulations.

26. Perform other tasks and powers assigned by competent authorities.

Article 5. Organizational Structure

1. The organizational structure of the Port Maritime Administration includes:

a) The Port Maritime Administration has specialized functional units including: Legal Affairs; Inspection; Safety and Security; Organization and Administrative Affairs; Finance; Traffic Coordination (for Port Maritime Administrations with a traffic coordination system - VTS);

b) Port Maritime Administration Representatives.

2. The Director of the Vietnam Maritime Administration decides to establish, reorganize, or dissolve organizations as stipulated in Clause 1 of this Article based on the proposal of the Port Director. In cases where the number of specialized units is less than that specified in Point a of Clause 1 of this Article, the Director of the Vietnam Maritime Administration decides to adjust the name of each specialized unit to ensure consistency with their functions and legal provisions.

3. In cases of genuine necessity, based on specific conditions, the Director of the Vietnam Maritime Administration may establish additional specialized units beyond the number specified in Point a of Clause 1 of this Article after obtaining approval from the Ministry of Transport.

4. The Port Director specifies the functions, tasks, and authorities of the specialized units and Port Directors' representatives. Depending on actual requirements and management areas, the Port Director decides to establish and specify the functions, tasks, and authorities of Port Supervision Stations after obtaining approval from the Director of the Vietnam Maritime Administration.

Article 6. Leadership

1. The Port Supervision has a Director who is the head, responsible before the Director of the Vietnam Maritime Administration and the law for all activities of the Port Supervision. The Deputy Directors assisting the Director shall not exceed three (3), responsible before the Director and the law for the tasks assigned by the Director.

2. The Director of the Port Supervision is appointed and relieved of duty by the Director of the Vietnam Maritime Administration according to legal regulations. The Deputy Directors of the Port Supervision are appointed and relieved of duty by the Director of the Vietnam Maritime Administration based on the proposal of the Port Director and according to legal regulations.

3. The appointment and relief of other positions within the Port Supervision are carried out according to the分级管理的领导和管理部门的级别。

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

1. This Circular takes effect from July 1, 2017;

2. Repeal Decision No. 57/2005/QĐ-BGTVT dated October 28, 2005 of the Minister of Transport regarding the organization and operation of the Port Supervision.

Article 8. Responsibility for Implementation

1. The Vietnam Maritime Administration Director is responsible for implementing this Circular.

The Heads of the Ministry's Office, the Inspectorate, the Department Heads, the Director of the Vietnam Maritime Administration, the Directors of the Port Supervisions, the Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.