Circular No. 318-TT/PC guiding the implementation of Article 19 of Decree No. 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety on inland waterways.

CIRCULAR

Guidelines for Implementing Article 19 of Decree No. 40/CP dated July 5, 1996 of the Government on Ensuring Order and Safety in Inland Waterway Traffic

to ensure order, safety in inland waterway traffic

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To ensure consistent implementation of Clause 1 of Article 19 of Decree No. 40/CP dated July 5, 1996 of the Government on Ensuring Order and Safety in Inland Waterway Traffic, which stipulates that certain types of projects and constructions on inland waterways must have written approval from competent authorities responsible for inland waterway transport, the Ministry of Transport provides specific guidance as follows:

Production facilities under the Vietnam Import-Export Construction Corporation (Ministry of Construction) producing building components and materials for housing sold to households in flood-prone areas in the Mekong Delta on deferred payment terms (as per Decision No. 105/2002/QD-TTg dated August 2, 2002) and to ethnic minority households in place in the Central Highlands provinces on deferred payment terms (as per Announcement No. 144/TB-VPCP dated September 12, 2002 of the Government Office).

1. Organizations and individuals implementing investment project establishment or being the main investors in the following works:

a- Permanent and temporary bridges;

b- Overhead power lines, communication lines, pipelines above and below the riverbed;

c- Ferry terminals;

d- Riverbank protection embankments, flood and storm prevention works affecting navigation channels;

When establishing construction projects on inland waterways, written agreement from competent authorities regarding factors related to inland waterway transport must be obtained.

2. Organizations and individuals conducting construction of works mentioned in Section 1 on inland waterways must apply for permission to use inland waterway areas.

3. Organizations and individuals managing and operating the works mentioned above when carrying out repair, maintenance, reconstruction, additional construction, etc., affecting inland waterway traffic must apply for permission to use inland waterway areas.

II- PROCEDURES:

A- NECESSARY DOCUMENTS:

1. For overhead bridges and pipelines:

a- Letter clearly stating the mission, proposed location of the work, hydrological conditions, clear height and width of the navigable clearance;

b- Plan of the area where the work is planned to be located;

c- Longitudinal section of the work (proposed).

2. For pontoon bridges:

a- Letter clearly stating the mission, proposed location of the work, hydrological conditions, width of the navigable clearance, time for bridge opening and closing, anchorage areas for waiting vessels;

b- Plan of the area where the work is planned to be located;

c- Proposed longitudinal section of the work.

3. For overhead communication cables and power lines:

a- Letter clearly stating the mission, proposed location of the work, proposed height of support towers crossing the river, load voltage (for power lines), position of the lowest sag point of the line, width between two support towers crossing the river;

b- Plan of the area where the work is planned to be located.

4. For underground pipelines, buried communication cables, and other underground works:

a- Letter clearly stating the mission, proposed location of the work, elevation, structure, size of the work, and proposed construction methods;

b- Plan of the area where the work is planned to be located;

c- Proposed longitudinal and transverse sections of the work.

5. For ferry terminals:

a- Letter clearly stating the mission, proposed location of the work, volume of cargo or passengers passing through, required water areas and their sizes, auxiliary facilities of the terminal and their scale and size, number of ferries in operation, hydrological conditions, size of the work protruding into the river, orientation of the work;

b- Plan of the proposed layout of the main work and auxiliary facilities, and required water areas.

6. For riverbank protection embankments and flood and storm prevention works affecting navigation channels:

a- Letter clearly stating the mission, proposed location of the work, structure of the work, size of the work protruding beyond the bank;

b- Plan of the proposed layout of the work and the scope of use of inland waterway areas.

B- TIME LIMIT FOR HANDLING

Within twenty days from the date of receipt of complete documents, the competent authority for inland waterway transport must respond in writing to organizations and individuals requesting opinions.

In complex cases requiring extended research time, the competent authority for inland waterway transport must issue a letter specifying the reasons and additional time needed.

III- AUTHORITY TO RESOLVE

1. Projects belonging to Group A constructed on inland waterways must obtain written opinion from the Ministry of Transport;

2. Projects belonging to Groups B and C constructed on central inland waterways must obtain written opinion from the Vietnam Inland Waterway Administration;

3. Projects belonging to Groups B and C constructed on local inland waterways must obtain written opinion from the People's Committee of provinces and centrally-administered cities.

(Groups A, B, and C are defined according to the classification of investment projects attached to the Investment Management Regulations issued pursuant to Decree No. 42/CP dated July 16, 1996 of the Government).

IV- IMPLEMENTATION

1. This Circular takes effect from the date of signature.

Any previous regulations contrary to this Circular are hereby abolished.

2. The Heads of the Legal Affairs Department, the Director of the Vietnam Inland Waterway Administration, and the Directors of Provincial Departments of Transport and Public Works have the responsibility to disseminate and guide organizations and individuals with works subject to Clause 1 of Article 19 to implement this Circular.

3. During implementation, if there are difficulties or obstacles, organizations and individuals concerned should report to the Ministry of Transport (through the Legal Affairs Department or the Vietnam Inland Waterway Administration) for study and amendment or supplementation.