Decision No. 31-TTg On the Issuance of the Charter on Organization and Operation of the Vietnam Maritime Administration

Pursuant to …;

Regarding the issuance of the charter on organization and operation of the Vietnam Maritime Administration

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

To specify the organization and operation of the Vietnam Maritime Administration, and to clearly define the tasks, powers, and responsibilities of the Director of the Vietnam Maritime Administration,

DECISION:

Article 1. - The Charter on the organization and operation of the Vietnam Maritime Administration is hereby issued together with this Decision.

Article 2. - The Minister of Transport, the Director of the Vietnam Maritime Administration, the Ministers, Heads of Ministries at the level of ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision.

CHARTER

ON THE ORGANIZATION AND OPERATIONS OF THE VIETNAM MARITIME ADMINISTRATION

(Issued together with Decision No. 31-TTg dated February 2, 1993)

of the Prime Minister)

PART I

GENERAL PROVISIONS

Article 1. - The Vietnam Maritime Administration, under the Ministry of Transport, was established pursuant to Decree No. 239-HĐBT dated June 29, 1992 of the Council of Ministers.

The international name in English is: VIETNAM NATIONAL MARITIME BUREAU

Abbreviation: VINAMARINE.

The Vietnam Maritime Administration has legal personality, its own budget and seal, and is entitled to open accounts at the State Treasury, with its headquarters located in Hanoi.

Article 2. - The Vietnam Maritime Administration is a state management agency for the maritime sector nationwide, including maritime activities of units directly managed by the Administration, those managed by other central ministries and departments, local people's committees, and maritime activities of organizations and individuals, including foreign organizations and individuals operating in the maritime sector within Vietnam.

Article 3. - The Vietnam Maritime Administration operates according to the following principles:

1. The Vietnam Maritime Administration is directly led by the Minister of Transport and subject to state management by relevant ministries, ministerial-level agencies, and government agencies regarding related fields.

2. All activities of the Vietnam Maritime Administration must comply with the Constitution and laws of the Socialist Republic of Vietnam, respect and enforce international maritime treaties signed, joined, or committed to by the Government of the Socialist Republic of Vietnam.

3. The Vietnam Maritime Administration ensures equality before the law for all organizations and individuals from all economic sectors, including foreign organizations and individuals operating in the maritime sector in Vietnam; manages state-owned enterprises under the Administration in accordance with the law.

4. The Director of the Vietnam Maritime Administration represents the Minister of Transport to be accountable to the Prime Minister and the Minister of Transport for performing the function of specialized state management of the maritime sector nationwide.

The Director of the Vietnam Maritime Administration is the head of the Vietnam Maritime Administration, leading the Administration under the chief executive system based on ensuring the principle of democratic centralism.

PART II

TASKS AND POWERS OF THE VIETNAM MARITIME ADMINISTRATION

Article 4. - On planning:

1. Based on the Party and State's policy on socio-economic development, develop strategies, plans, and five-year and annual plans for the Vietnamese maritime industry for the Minister of Transport to consider within the overall strategy, plan, and development program for the entire transport sector nationwide, to be submitted to the Government for approval, and organize the implementation of these plans.

2. Participate with competent state agencies in domestic and foreign investment schemes aimed at developing infrastructure for the Vietnamese maritime industry. Analyze the economic and investment effects of the industry; supervise and assist units using investment capital for their intended purposes and effectively.

3. Develop economic and technical norms specific to the Vietnamese maritime industry to submit to competent authorities for approval and promulgation; guide and organize the implementation of these norms.

4. Approve production and business plans, financial indicators, and state orders for subordinate units. Guide, inspect, and supervise subordinate units to use investment funds for their intended purposes and effectively.

Article 5. - On finance, accounting, statistics, and pricing:

1. Guide and direct subordinate units to implement financial policies and regulations in accordance with the law.

2. Organize and direct accounting work suitable to the nature of each enterprise and public institution in the industry; propose amendments and supplements to financial and accounting policies and regulations of the industry.

3. Guide subordinate units to prepare financial revenue and expenditure plans, foreign currency revenue and expenditure plans, and consolidate them for submission to competent authorities for approval.

4. Develop revenue and expenditure systems for various maritime fees and tariffs to submit to competent authorities for approval; represent the Socialist Republic of Vietnam to contribute annually to international maritime organizations. Inspect and urge subordinate units to fulfill financial revenue and expenditure regulations for the state budget, and directly carry out certain revenues upon delegation by the Ministry of Finance.

5. Propose to competent state agencies the adjustment of capital and income distribution for subordinate units.

6. Be authorized by the Minister of Transport to allocate capital to subordinate units and guide these units to preserve and develop allocated capital.

7. Approve and consolidate financial settlement reports of subordinate units for submission to higher authorities as prescribed.

8. Manage and utilize effectively the capital, assets, and funds allocated to the Administration. The Ministry of Finance will provide detailed guidance on the preparation of the Administration's budget to ensure compliance with general state regulations.

Article 6. - On basic construction:

The Vietnam Maritime Administration is the principal investor for maritime construction projects listed in the national plan and assigned to the Administration for management.

Article 7. - On organization, cadres, labor, and wages:

1. Develop planning, training, development, and utilization schemes for the cadre and staff of the maritime industry to submit to the Minister of Transport for approval and implementation.

2. Establish job titles, standards for cadres and staff, staffing levels, and labor norms in the maritime industry to submit to competent authorities for approval and promulgation.

Submit to the Minister of Transport for promulgation the professional standards for other entities engaged in maritime activities.

3. The Department shall carry out the issuance, replacement of naval officer certificates, manage the seafarer and naval officer directories, and handle the issuance and revocation of licenses for other maritime activities.

4. Guide, inspect, and audit the implementation of labor laws, occupational safety and health regulations, and internal protection within the industry.

5. The Director of the Vietnam Maritime Administration proposes to the competent authority the appointment, dismissal, commendation, and disciplinary action against Deputy Directors of the Vietnam Maritime Administration, General Managers and equivalent positions, Chief Accountants of State-owned Enterprises and equivalent levels, and the Director of the Vietnam Maritime Administration appoints, transfers, dismisses, commends, and disciplines the remaining positions of subordinate units.

6. Establish, merge, dissolve agencies assisting the Director and subordinate public service units of the Vietnam Maritime Administration.

Propose to competent state authorities the establishment, dissolution, and transfer of ownership of maritime enterprises under the Administration in accordance with the law.

Issue operating permits, guide, and inspect the operations of agents, brokers, pilots, maritime services, and maritime representatives both domestically and internationally as prescribed by law.

Article 8. - Regarding laws:

1. Develop draft laws, sub-law documents, management regulations, and specific rules within the maritime sector for the Minister of Transport to issue within their authority or submit to higher authorities for issuance.

2. Enact specific professional standards applicable in the maritime field.

3. Guide, inspect, and audit the enforcement of legal provisions and international treaties on maritime matters within the maritime industry. Propose to the Minister of Transport to resolve or have the Minister submit to the Prime Minister for resolution issues related to maritime management not covered by law.

4. Organize legal education and propaganda for maritime staff and employees.

Article 9. - Regarding international relations:

Draft strategies and policies for developing international relations in maritime affairs for the Minister of Transport to submit to the Prime Minister for approval; participate in negotiations and drafting of maritime agreements and protocols with foreign countries.

2. Propose to the Minister of Transport to submit to the Prime Minister for consideration the participation (or non-participation) in international organizations and international conventions on maritime affairs, authorized to represent the Government of the Socialist Republic of Vietnam in relations with international maritime organizations, sign international maritime treaties; direct the signing of maritime contracts with foreign entities in accordance with the laws of the Socialist Republic of Vietnam and international law.

3. Manage international projects funded for the maritime sector. Participate with competent authorities in reviewing applications for investment cooperation permits with foreign entities in the maritime sector.

4. Organize relations with other countries in the maritime field; organize and participate in international maritime conferences and exhibitions; manage invitations for foreign delegations to work in Vietnam and Vietnamese delegations to work abroad according to government regulations. Participate in international legal cooperation in maritime affairs and participate in examining and resolving international legal disputes in maritime activities.

5. Manage the activities of foreign maritime organizations in Vietnam. Participate in state management of Vietnamese maritime representations abroad. Guide and supervise Vietnamese maritime organizations in their relations with foreign entities as prescribed by law.

6. Submit "Maritime Objections," perform maritime notarization procedures as prescribed by law.

Article 10. - Regarding maritime transport:

1. Develop policies, planning, and plans for the development of the Vietnamese fleet and maritime transport, regulations on the export and import of various types of ships for the Minister of Transport to submit to the Prime Minister for approval, and the Department directs the implementation. Participate with domestic sectors in developing shipbuilding development projects.

2. Collect and study information about the maritime market, forecast the development of cargo sources, maritime routes, new technologies in transportation, loading, repair, etc., serving as a basis for domestic enterprises to develop plans. Issue sea operation permits for maritime transport enterprises.

3. Manage and direct shipping rates, loading charges, service fees, and other types of fees for maritime enterprises in accordance with state regulations.

4. Study and develop protective policies for the Vietnamese merchant fleet, submit to the Minister of Transport for approval or submit to the Prime Minister for approval.

5. Inspect compliance with legal provisions in maritime transportation.

6. Approve and issue maritime transport documents, symbols, and uniforms for those working in maritime enterprises.

7. Define types of ship logs, certificates, and other documents of ships and crew members.

8. Organize administrative registration and manage ship registers for vessels with a gross tonnage of over 100 (DWT); issue, revoke licenses for maritime operations, register crew members, and seafarer passports for domestic and foreign maritime organizations and individuals.

9. Permit Vietnamese vessels to operate on international routes and allow foreign vessels to transport goods and passengers between Vietnamese ports according to sub-law maritime documents and international practices.

Article 11. - Regarding maritime safety:

1. Develop regulations, procedures, standards, and measures to ensure maritime safety.

2. Inspect maritime safety in maritime areas under Vietnam's responsibility, and advise relevant maritime authorities in other countries.

3. Inspect, investigate, and handle violations of maritime safety regulations by all Vietnamese seafarers and officers (including those hired by Vietnamese maritime organizations).

4. Revoke, cancel, and suspend registration of certificates, diplomas, licenses, and documents related to safety in maritime operations.

5. Temporarily suspend the operation of ships, ports, and maritime equipment if it is found that they do not meet safety conditions or violate regulations and standards for maritime safety.

6. Organize investigations into maritime accidents and serious violations of maritime safety.

7. Coordinate with relevant agencies to organize health examinations for maritime personnel and conduct epidemiological inspections on ships.

8. Organize research and disseminate information about maritime safety.

Article 12. - Regarding marine traffic management:

1. Organize the management and exploitation of pilotage systems and signaling for maritime routes. Closely coordinate with maritime organizations of neighboring countries in the navigation of Vietnamese ships and foreign ships operating in the maritime zones under Vietnam's responsibility.

2. Coordinate with armed forces units of the Ministry of National Defense and the Ministry of Public Security in managing and protecting territorial waters and exclusive economic zones of Vietnam.

3. Issue permits for entry, exit, and anchorage at port water areas and channels of Vietnamese ports, and handle violations of port area and channel regulations.

4. Provide various types of maritime charts, documents on maritime traffic, maritime information, pilotage services, meteorological data, and organize search and rescue operations related to maritime zones under Vietnam's responsibility.

5. Direct the planning and construction of maritime information and signaling systems.

6. Be a member of the National Search and Rescue Commission, take the lead in coordinating with other agencies in maritime search and rescue operations.

Article 13. - Regarding port management:

1. Develop plans, policies, and master plans for the development of the national port system to be submitted by the Minister of Transport to the Prime Minister for approval.

2. Submit to the Minister of Transport for issuance of regulations on the establishment, operation, maintenance, and repair of ports, and inspect their implementation. If violations are discovered, there is the authority to suspend operations and report to the Minister of Transport for decision-making or to the Prime Minister for decision-making.

3. On behalf of the Minister of Transport, announce the national port system and international ports for ship entry and exit.

4. Manage infrastructure, land, and port water areas according to approved government planning.

5. Coordinate with relevant state agencies and local authorities to manage and operate ports and port water areas, ensuring security and public order.

6. Organize registration and management of the Port Register of Vietnam.

7. Organize search and rescue operations at ports.

8. Provide information on the establishment, management, and operation of ports and port water areas.

9. Organize and direct port authorities to operate in accordance with the law.

Article 14. - Regarding science and technology:

1. Organize research and application of scientific and technological advancements and management techniques in the maritime sector; implement state regulations on environmental protection.

2. Perform the function of a sectoral scientific council.

3. Cooperate with domestic and foreign scientific and technological organizations to study development projects.

4. Organize the dissemination of scientific and technological information on maritime affairs.

Article 15. - Regarding inspection:

1. Develop inspection plans and organize their implementation in accordance with the Inspection Ordinance.

2. Implement complaint and accusation resolution work within the sector in accordance with the Ordinance on Complaints and Accusations of Citizens.

CHAPTER III

ORGANIZATION OF THE VIETNAMESE MARITIME ADMINISTRATION

Article 16. - The organization of the Vietnamese Maritime Administration includes:

1. The office and departments assisting the Director of the Administration, established, dissolved, and staff appointed and dismissed by the Director.

2. Subordinate public service units:

Vietnam Marine Science Institute.

Marine Safety Assurance Units.

Marine Medical Center.

Maritime Vocational Training Schools.

Marine Journal.

3. Port Authorities.

4. Branches and representative offices of the Administration in domestic and foreign regions.

5. Enterprises directly managed by the Administration.

The budget of subordinate public service units of the Vietnamese Maritime Administration is provided by the state budget through the Vietnamese Maritime Administration and supplemented through training and research contracts.

Article 17. The Director and Deputy Directors of the Vietnamese Maritime Administration are appointed and relieved of duty by the Prime Minister upon the proposal of the Minister of Transport and the opinion of the Minister and the Head of the Government's Organization and Cadre Department.

The Director is the head of the Administration, leading the Administration under the chief executive system. Deputy Directors assist the Director as assigned by the Director.

Article 18. - Specific tasks, staffing, and operational regulations of the Director's assisting agencies and subordinate public service units are stipulated by the Director of the Vietnamese Maritime Administration.

PART IV

RELATIONSHIP BETWEEN THE VIETNAMESE MARITIME ADMINISTRATION AND RELATED STATE AGENCIES AND ASSISTING MINISTERIAL DEPARTMENTS

- The Vietnamese Maritime Administration has direct relations with Ministries, ministerial-level agencies, governmental agencies, provincial People's Committees, and centrally governed cities to address issues related to maritime activities.

Article 19. - The Administration works directly with relevant agencies and organizations and is responsible to the Minister of Transport for assigned tasks. For assisting ministerial departments, the Vietnamese Maritime Administration coordinates according to the functional management of the state to enhance the effectiveness of state management throughout the transport sector and reports to the Minister of Transport on the activities of the Administration.

Article 20. - This Charter takes effect from the date of issuance.

CHAPTER V

FINAL PROVISIONS

Article 21. - The Minister of Transport, the Director of the Vietnamese Maritime Administration, the Ministers, Heads of ministerial-level agencies, and governmental agencies, and Chairmen of provincial People's Committees and centrally governed cities are responsible for implementing this Charter./.

Article 22. - The Minister of Transport, the Director of the Vietnam Maritime Administration, the Ministers, Heads of ministerial-level agencies, and government-affiliated agencies, the Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this regulation./.