Circular No. 329/2000/TT-BGTVT guiding the implementation of certain provisions 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 IMPLEMENTATION OF CERTAIN PROVISIONS OF THE GOVERNMENT DECREE NO. 171/1999/NĐ-CP DATED DECEMBER 7, 1999 ON DETAIL REGULATIONS FOR THE IMPLEMENTATION OF THE ORDINANCE ON PROTECTION OF TRANSPORT FACILITIES WITH RESPECT TO WATERWAY TRANSPORT FACILITIES

stipulates detailed regulations for the implementation of the Ordinance on Protection of Transport Facilities with respect to waterway transport facilities.

On December 7, 1999, the Government issued Decree No. 171/1999/NĐ-CP stipulating detailed regulations for the implementation of the Ordinance on Protection of Transport Facilities with respect to waterway transport facilities. Pursuant to Article 43 of the Decree, the Ministry of Transport provides specific guidelines as follows:

I. LIMITS OF THE PROTECTED ZONE FOR WATERWAY NAVIGATION CHANNELS:

The protected zone for waterway navigation channels is the area on both sides of the channel width determined to ensure the stability of the channel and safety for transportation activities, as well as facilitate upgrading and management of the channel.

1. The protected zone for the channel is determined according to the technical grade of inland waterways as planned and decided by the competent authority (referred to as the planning grade). The width of the protected zone on each side is specified for each specific case as follows:

a) Channels not adjacent to the shore: From the edge of the channel outward on each side:

Channels on rivers, canals of Grade I and II and lakes, bays: 25 meters

Channels on rivers, canals of Grade III and IV: 15 meters

Channels on rivers, canals of Grade V and VI: 10 meters.

b) Channels adjacent to the shore without embankments or roads along the shore: From the high bank inward (towards the shore): 5 meters

The high bank is defined as the top of the river or canal bank adjacent to the channel.

c) Channels adjacent to the shore with embankments where the protected zone coincides with the protection zone of the embankment, shall comply with current laws regarding embankment protection.

d) Channels adjacent to the shore with roads or railways, the protected zone for the channel extends from the high bank outward towards the river.

e) For sections of channels adjacent to the shore on rivers and canals that have not been planned, the determination of the width of the protected zone must be based on the current operational technical grade and actual conditions of the area, as well as future upgrade plans.

2. The technical grade of channel routes is announced and defined by the competent authority based on the technical standards of the route (depth, width, radius of curvature, clearance under bridges) corresponding to TCVN 5664 92 issued pursuant to Decision No. 347/QĐ dated May 23, 1992 of the State Science Council.

3. For investment projects to upgrade channel routes that are still in the investment phase but have not yet met the technical standards of the plan, the protected zone must still be determined according to the approved planning technical grade, and the investor must prepare a plan and request additional funding for land clearance and boundary markers on the shore. Investment projects to upgrade channel routes that have been approved but lack land clearance and boundary markers according to the approved planning grade, the investor must supplement the funding for these tasks and submit them for approval by the project sponsor before construction begins.

4. The determination and marking of the boundaries of the protected zone for waterway navigation channels are carried out in stages and prioritized in key areas such as urban zones, residential areas along rivers; areas prohibited from bottom fishing and aquaculture on rivers; rivers that have been planned and are preparing for improvement and upgrading. In these areas, inland waterway management agencies are responsible for determining the scope of channel protection and arranging warning signs to mark the edges of the channel to serve management, protection, and traffic assurance.

5. If it is necessary to construct facilities within the protected zone of waterway navigation channels, permission from the competent authority must be obtained in accordance with current regulations.

In cases where facilities constructed prior to September 1, 1996 (when Decree No. 40/CP took effect) pose a danger to transportation activities and harm the channel and have been permitted by the competent authority, they must be immediately removed. Facilities constructed prior to September 1, 1996, which have been permitted by the competent authority and need to be relocated or demolished will be considered for compensation according to the law.

In cases where these facilities do not significantly affect the channel and the cost of relocation or demolition is excessively high, they may temporarily remain in place, but the facility owner must commit to the People's Committee of the locality and the competent inland waterway management agency not to expand further and to relocate immediately upon request.

6. For channel routes marked with protective zones according to Directive No. 236/CT dated July 21, 1997, if the protective zone is larger than the provisions of Decree No. 171/1999/NĐ-CP and there are currently no disputes, the existing boundaries will be maintained. If the width of the protective zone according to Directive No. 236/CT is smaller than the width of the protective zone according to Decree No. 171/1999/NĐ-CP, it must be re-determined and marked according to the provisions of Decree No. 171/1999/NĐ-CP.

II. Implementation

1. The Vietnam Inland Waterway Administration is responsible for guiding localities in directing and supervising the determination and marking of the boundaries of the protected zone for inland waterway channels, and continuously monitoring and summarizing the implementation situation nationwide. Any issues should be reported to the Ministry for timely resolution.

Direct subordinate inland waterway management segments under the Vietnam Inland Waterway Administration to coordinate with land administration agencies and People's Committees at district, city, town, and provincial levels; People's Committees at commune, ward, and town levels to conduct surveys, marking, and signage placement to determine the boundaries of the protected zone for waterway navigation channels within their jurisdiction.

2. People's Committees at all levels are responsible for organizing the leadership of subordinate units in determining and marking the boundaries of the protected zone for inland waterway transport facilities managed by localities. The People's Committee at the district level leads coordination with local inland waterway management units in preventing encroachment and organizing the removal of violations within the protected zone of inland waterway transport facilities in their jurisdiction.

3. Investors and contractors of channel routes under upgrade, improvement, and repair projects are responsible for managing and protecting during the construction period until handover to the management unit.

When investors hand over completed channel routes to the management unit, they must provide complete land clearance files and boundary markers.

4. The planning and investment construction of projects by localities and sectors that affect inland waterway transportation works must be approved by the competent inland waterway management authority in accordance with Article 23 of Decree No. 171/1999/NĐ-CP.

5. Boundary markers will be handed over to local authorities (accompanied by a diagram) to serve as the basis for management and protection of the right-of-way. The specifications of boundary markers and the distance between boundary markers are set out in the annex attached to this Circular.

In order to effectively implement the protection of inland waterway transportation works, the Vietnam Inland Waterways Administration, provincial Departments of Transport, Public Works, and inland waterway management units need to closely coordinate with local authorities at all levels and related sectors within their respective responsibilities to properly implement Decree No. 171/1999/NĐ-CP of the Government.

This Circular takes effect fifteen days from the date of signature.

ANNEX attached to Circular No. 329/2000/TT-BGTVT dated August 31, 2000

Structure of boundary markers

(Scale 1/100)

1. Specifications of boundary markers:

The boundary marker post has the shape, size, and structure as shown in the drawing; it is made of reinforced concrete grade 200.

On both sides of the post, the inscription reads: "boundary marker for inland waterway" number...

The wordBOUNDARY MARKER" is 6 cm high, with letter width of 0.6 cm.

The word "inland waterway" is 10 cm high, with letter width of 1.0 cm.

"number...," is 6 cm high, with letter width of 0.6 cm.

The marker is buried 50 cm deep and compacted firmly.

2. Distance between markers:

Urban residential areas: 100 - 200 m/marker.

Other areas: 500 - 1000 m/marker.

3. Notes:

The marker post must be placed in a safe, stable, and visible location.

Each marker post location must be reflected on the area map.