Circular No. 33/2023/TT-BGTVT stipulates the分级管理国家专业职能关于内河航运的国家管理权限在港口、内陆水路码头和锚地

CIRCULAR

Regulations on分级管理内河航运行政事务的港口、码头和锚地

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Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government, stipulating the management of inland waterway traffic activities;

Pursuant to Decree No. 54/2022/NĐ-CP dated August 22, 2022 of the Government amending and supplementing certain articles of Decree No. 78/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating inland waterway transportation training services and Decree No. 08/2021/NĐ-CP dated January 28, 2021 of the Government on management of inland waterway transportation activities;

At the proposal of the Director of the Infrastructure Department and the Director General of the Vietnam Inland Waterways Administration;

The Minister of Transport hereby issues this Circular on the分级管理内河航运行政事务的港口、码头和锚地。

Article 1. Scope of Regulation

This Circular stipulates the分级授权省级人民政府组织执行内河航运行政事务的港口、码头和锚地，该事务属于交通运输部管辖范围。

Article 2. Applicability

This Circular applies to organizations and individuals related to the分级授权实施内河航运行政事务的港口、码头和锚地，该事务属于交通运输部管辖范围。

Article 5. Principles of Delegation

The分级授权shall be carried out in accordance with the principles prescribed in Clause 2, Article 11 of the Law on Organization of Local Administrative Bodies.

Article 4. Conditions for分级授权

The Ministry of Transport shall分级授权to provincial people's committees to organize the implementation of specialized administrative management of inland waterway transportation at ports, wharfs, and anchorages when meeting the following conditions:

1. Having an organization and operation system for inland waterway port supervision offices as prescribed in Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on the organization and operation of inland waterway port supervision offices.

2. Ensuring the number of civil servants, officials, and employees with appropriate professional qualifications for their positions and approved staffing levels.

3. Ensuring material conditions and other necessary conditions for organizing the implementation of specialized administrative management at ports, wharfs, and anchorages as prescribed.

Article 5. Content and Scope of分级授权

1. Content of分级授权: Implement specialized administrative management of inland waterway transportation at ports, wharfs, and anchorages as prescribed in Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on the organization and operation of inland waterway port supervision offices.

2. Scope of分级授权: Ports, wharfs, and anchorages on national inland waterways, dedicated inland waterways connecting to national inland waterways; ports, wharfs, and anchorages with land and water areas both on national inland waterways and local inland waterways except for border inland waterways between two or more provinces, national inland waterways through borders or on borders; ports, wharfs, and anchorages within port waters connected to national inland waterways.

Article 6. Responsibilities of the Provincial People's Committee

1. Implement tasks and powers assigned according to Article 5 of this Circular.

2. Bear responsibility under the law and to the Ministry of Transport for organizing the implementation of assigned tasks and powers according to Article 5 of this Circular.

3. Accept civil servants, officials, and employees currently performing tasks at ports, wharfs, and anchorages and other facilities within the assigned scope.

4. Report results of implementing assigned tasks and powers according to Circular No. 50/2014/TT-BGTVT dated October 17, 2014 of the Minister of Transport on port and wharf management (amended and supplemented by Circular No. 35/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing certain articles of circulars on periodic reporting systems in the field of inland waterway transportation).

Article 7. Responsibilities of the Vietnam Inland Waterway Administration

1. Aggregate, compile, and hand over specialized state management tasks at inland waterway ports, wharfs, and anchorage areas within the scope of classification as stipulated in this Circular.

2. Inspect and supervise the implementation of duties and authorities within the scope of classification for localities as prescribed by law.

3. Annually aggregate and evaluate the implementation of assigned contents by classified agencies and report to the Ministry of Transport according to the reporting regime specified in Circular No. 50/2014/TT-BGTVT dated October 17, 2014, issued by the Minister of Transport on the management of inland waterway ports and wharfs (amended and supplemented by Circular No. 35/2020/TT-BGTVT dated December 23, 2020, issued by the Minister of Transport amending and supplementing certain articles of Circulars on the periodic reporting system in the field of inland waterway transport).

4. Propose and recommend to the Ministry of Transport:

a) To classify provincial People's Committees to implement specialized state management at inland waterway ports, wharfs, and anchorage areas when they meet the principles and conditions stipulated in this Circular;

b) To terminate classification in cases where provincial People's Committees fail to maintain the principles and conditions of classification as stipulated in this Circular or the implementation of assigned duties and authorities is ineffective.

Article 8. Implementation clause

1. This Circular takes effect from January 15, 2024.

2. Classification for provincial People's Committees to implement specialized state management in inland waterway transport at inland waterway ports, wharfs, and anchorage areas as specified in the Appendix attached to this Circular.

3. In cases where referenced documents in this Circular are amended, supplemented, or replaced, the provisions of these amended, supplemented, or replacing documents shall apply.

Article 9. Implementation Organization

The Director of the Ministry’s Office, the Director of the Ministry’s Inspectorate, Heads of Departments, Directors of the Vietnam Inland Waterway Administration, Directors of the Vietnam Maritime Administration; Chairpersons of Provincial People's Committees, Directors of Provincial Departments of Transport, Heads of agencies, organizations, and individuals related to this Circular are responsible for its implementation./.