Decision No. 32/2004/QD-BGTVT on the organization and operation of inland waterway port services

Pursuant to …;

Provisions on the organization and operation of inland waterway port services

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THE MINISTER OF TRANSPORTATION

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

Considering the proposal of the Head of the Cadre and Civil Service Department,

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;

Considering the proposal of the Director of the Vietnam Inland Waterway Administration and the Head of the Personnel Department,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision stipulates the organization, operation, and scope of activities of inland waterway port services.

Article 2. Applicability

These provisions apply to inland waterway port services directly under the Vietnam Inland Waterways Administration and inland waterway port services directly under provincial Departments of Transport or Departments of Transport and Public Works (hereinafter referred to collectively as Departments of Transport).

Article 3. Position and functions of inland waterway port services

1. Inland waterway port services are agencies responsible for implementing specialized state management functions regarding inland waterway transport at ports and inland waterway wharfs to ensure compliance with legal regulations on inland waterway traffic order and safety and environmental pollution prevention.

2. Inland waterway port services have legal personality, are entitled to use their own seals, open accounts at the State Treasury, and their operational funding is guaranteed by the state budget and from retained fees and charges as prescribed by law.

Article 4. The terms used in this provision shall be understood as follows:

Port and inland waterway wharf waters include: waters before the port or wharf bridge, anchorage areas for vessels, channels connecting from vessel navigation routes to waters before the port or wharf, cargo transfer waters, and service waters specified in the operating permit of that port or wharf.

PART II

SCOPE OF MANAGEMENT AND DUTIES, POWERS OF INLAND WATERWAY PORT SERVICES

Article 5. Scope of management of inland waterway port services

1. Inland waterway port services implement state management functions regarding inland waterway transport at ports and inland waterway wharfs (excluding river passenger ferries) which have been permitted to operate by competent authorities.

2. Inland waterway port services directly under the Vietnam Inland Waterways Administration implement state management functions regarding inland waterway transport at:

a. Ports and inland waterway wharfs on national inland waterway routes;

b. Special-purpose ports and wharfs on special-purpose channels connected to national inland waterway routes.

3. Inland waterway port services directly under provincial Departments of Transport implement state management functions regarding inland waterway transport at:

a. Ports and inland waterway wharfs on local inland waterway routes;

b. Special-purpose ports and wharfs on special-purpose channels connected to local inland waterway routes.

Article 6. Duties and powers of inland waterway port services

1. Prescribe anchoring locations for vessels within port and inland waterway wharf waters.

2. Inspect compliance with legal regulations on traffic safety and environmental protection by vessels; inspect licenses and professional certificates of crew members; issue permits for vessels entering and leaving ports and inland waterway wharfs.

3. Prohibit vessels from entering or leaving ports and inland waterway wharfs when they or the port/wharf do not meet safety conditions or legal requirements for operation.

4. Announce channel conditions to vessels entering and leaving ports and inland waterway wharfs.

5. Inspect safety conditions of mooring facilities, wharfs, channels, signaling systems, and other related structures within port and inland waterway wharf areas; promptly report any signs of danger to responsible organizations or individuals for timely handling.

6. Supervise the exploitation and use of mooring facilities and wharfs to ensure safety; require organizations or individuals exploiting ports and inland waterway wharfs to temporarily cease operations if it affects safety for people, vessels, or structures.

7. Organize search and rescue operations for persons, goods, vessels, and ships in distress within port and inland waterway wharf waters.

8. Mobilize equipment, manpower within port and inland waterway wharf areas to participate in emergency rescue operations and environmental pollution control within the port and wharf area.

9. Participate in compiling accident reports and conclusions on causes of accidents and incidents occurring within port and inland waterway wharf waters; request relevant parties to remedy accident consequences.

10. Administer administrative penalties; detain vessels; collect fees and charges as prescribed by law.

11. Take the lead in coordinating activities with other state management agencies at ports and inland waterway wharfs receiving foreign vessels.

12. Develop annual activity plans for approval by competent authorities and organize implementation; participate in developing port and wharf development master plans within the management scope upon request.

13. Manage assets, funding, and staffing assigned and implement statistical and reporting systems as prescribed.

14. Perform other tasks assigned by the Director of the Vietnam Inland Waterways Administration or the Department of Transport Director.

Article 7. Relationships of inland waterway port services

1. Maintain close relations and request units managing inland waterways with ports and wharfs under their jurisdiction to provide information on vessel navigation routes to announce channel conditions for vessels entering and leaving ports and wharfs.

2. Maintain close relations and coordinate with inland waterway pilot units in guiding captains about channel conditions in areas leading vessels and ships to enter and leave ports and wharfs.

3. Maintain close relations with local authorities and related agencies during the performance of assigned tasks.

CHAPTER III

ORGANIZATION OF INLAND WATERWAY PORT SERVICES

Article 8. System of organization of inland waterway port services:

1. Inland waterway port services directly under the Vietnam Inland Waterways Administration are organized by region and established by the Minister of Transport.

2. Inland waterway port services directly under provincial Departments of Transport are established by the Chairman of the People's Committee of the province (For provinces and centrally-administered municipalities with few ports and wharfs, a Port and Wharf Management Board may be established to perform tasks prescribed in Clauses 1, 2, 3, 5, 6, 8, and 9 of Article 6 of this Decision).

Article 9. Principles of operation of inland waterway port services

1. Inland waterway port services directly under the Vietnam Inland Waterways Administration are directly led and are accountable to the Director of the Vietnam Inland Waterways Administration.

2. The Inland Waterway Port Office under the Department of Transport is directly led and held accountable to the Director of the Department of Transport; it is guided and inspected on professional matters by the Vietnam Inland Waterways Administration.

Article 10. Organizational structure of the Inland Waterway Port Office

1. The organizational structure of the Inland Waterway Port Office includes:

a. Support offices for the Director, which are business units;

b. Representative Offices of the Inland Waterway Port Office.

2. The Representative Office of the Inland Waterway Port Office uses its own seal and performs state management functions at inland waterway ports, wharfs, or port clusters assigned to it.

3. The establishment, reorganization, or dissolution of business units and Representative Offices of the Inland Waterway Port Office shall be decided by the Director of the Vietnam Inland Waterways Administration or the Director of the Department of Transport upon the proposal of the Director of the Inland Waterway Port Office.

Article 11. Personnel of the Inland Waterway Port Office

1. The Inland Waterway Port Office is led by the Director, assisted by Deputy Directors. The Director is the head of the Inland Waterway Port Office, managing the office's operations under the chief executive system; the Deputy Director assists the Director in performing tasks as assigned by the Director and is responsible to the Director for the assigned work. When the Director is absent, one Deputy Director authorized by the Director will manage the office.

The Representative Office of the Inland Waterway Port Office is led by the Head of the Representative Office, assisted by Deputy Heads of the Representative Office.

2. For the Inland Waterway Port Office under the Vietnam Inland Waterways Administration:

a. The Director of the Inland Waterway Port Office is appointed and relieved of duty by the Director of the Vietnam Inland Waterways Administration;

b. The Deputy Director is appointed and relieved of duty by the Director of the Vietnam Inland Waterways Administration upon the recommendation of the Director of the Inland Waterway Port Office;

c. Recruitment, appointment, and relief from duty of other positions within the Inland Waterway Port Office are carried out according to the personnel management hierarchy of the Vietnam Inland Waterways Administration.

3. For the Inland Waterway Port Office under the Department of Transport:

Appointment, relief from duty, and placement of local Inland Waterway Port Office personnel are implemented according to the personnel management hierarchy of the provincial People's Committee.

Article 12. Establishment and treatment of personnel and staff of the Inland Waterway Port Office

1. The staffing of the Inland Waterway Port Office is provided annually by:

a. The Minister of Transport for the Inland Waterway Port Office under the Vietnam Inland Waterways Administration;

b. The Chairman of the provincial People's Committee for the Inland Waterway Port Office under the Department of Transport.

2. Personnel and staff of the Inland Waterway Port Office are currently recruited, employed, and managed in accordance with the Labor Code (when permitted by the Ministry of Home Affairs and competent authorities, they will be managed according to the Civil Servant Ordinance); they are paid salaries and enjoy other benefits as prescribed by law.

3. Personnel and staff of the Inland Waterway Port Office are provided uniforms according to models specified by the Minister of Transport and must wear them while working.

PART IV

IMPLEMENTING PROVISIONS

Article 13. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 2873/1997/QĐ-BGTVT dated October 13, 1997, issued by the Minister of Transport regarding the Interim Regulations on the organization and operation of the Inland Waterway Port Office.

Article 14. Responsibility for Implementation

1. The Director of the Vietnam Inland Waterways Administration is responsible for guiding, monitoring, and inspecting the implementation of this Decision.

2. The Heads of Departments, Inspectors General, the Director of the Vietnam Inland Waterways Administration, Directors of the Departments of Transport and Public Works, Heads of units under the Ministry, and individuals concerned are responsible for implementing this Decision.