Circular No. 34/2010/TT-BGTVT on the organization and operation of inland waterway port services

CIRCULAR

Regulations on the organization and operation of Inland Waterway Port Control Units

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

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

The Minister of Transport hereby stipulates the organization and operation of inland waterway port services as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the organization and operation of inland waterway port services.

2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of inland waterway port services.

Article 2. Position and Functions of Inland Waterway Port Services

1. Inland waterway port services are subordinate agencies under the Vietnam Inland Waterways Administration or Provincial Department of Transport; they perform specialized state management functions for inland waterway transport at ports and inland waterway wharfs to ensure compliance with laws on traffic order and safety and environmental protection.

2. Inland waterway port services have legal personality, may use their own seals, and are allowed to open accounts at the State Treasury.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Port water area is the water area before the port bridge, anchorage area for vessels, and channel leading to the port, service areas, and cargo transfer areas (if any), as specified in the decision announcing the inland waterway port.

2. Wharf water area is the water area before the wharf and anchorage area for vessels, channel leading to the wharf (if any), as specified in the permit for operating the inland waterway wharf.

Chapter II

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

 INLAND WATERWAY PORT SERVICES

Article 4. Scope of Management

1. Inland waterway port services manage inland waterway ports and wharfs (excluding passenger ferries) that have been announced or granted permits to operate by competent authorities.

2. The scope of management of inland waterway port services under the Vietnam Inland Waterways Administration includes:

a) Ports and wharfs located on national inland waterway routes;

b) Ports and wharfs located on dedicated inland waterway routes connecting to national inland waterway routes, dedicated inland waterway routes spanning administrative boundaries of two provinces or centrally-administered cities or more;

c) Ports and wharfs managed and operated by an organization or individual on a single land plot located on both national and local inland waterway routes, or on both national inland waterway routes and port waters.

3. The scope of management of inland waterway port services under provincial Departments of Transport includes:

a) Ports and wharfs located on local inland waterway routes;

b) Ports and wharfs located on dedicated inland waterway routes connecting to local inland waterway routes;

c) Ports and wharfs located on port waters within the administrative boundaries of the locality.

Article 5. Tasks and Powers

1. Prescribe anchoring locations for vessels and ships in port and wharf water areas.

2. Inspect compliance with laws on traffic safety and environmental protection by vessels and ships; inspect licenses and certificates of seafarers and vessel operators; issue permits for vessels and ships to enter and leave ports and wharfs.

3. Prohibit vessels and ships from entering or leaving ports and wharfs when the port, wharf, or vessel does not meet safety conditions or the port or wharf lacks legal operating conditions.

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

5. Promote, disseminate, and educate on laws regarding inland waterway transport.

6. Inspect safety conditions for mooring facilities, wharfs, channels, signaling systems, and other related structures within port and wharf areas; promptly notify responsible organizations or individuals to address any safety issues discovered.

7. Supervise the safe operation and use of mooring facilities and wharfs; require organizations or individuals managing port and wharf operations to temporarily cease operations if it is deemed to affect safety for people, vessels, or structures.

8. Organize search and rescue operations for persons, cargo, vessels, and ships in distress in port and wharf water areas.

9. Mobilize equipment, personnel, and resources within the port and wharf areas to participate in emergency rescue operations and environmental pollution control within the port and wharf areas.

10. Participate in drafting accident reports and conclusions on causes of accidents occurring in port and wharf areas; request relevant parties to rectify accident consequences.

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

12. Coordinate activities with other state management agencies at ports and wharfs receiving foreign vessels and ships.

13. Develop annual operational plans for approval by competent authorities and implement them; participate in developing planning for port and wharf development within the management scope upon request.

4. Manage, utilize assigned assets, funds, and staffing, and implement statistical reporting systems as prescribed.

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

Article 6. Work Relations

1. The Inland Waterway Port Office has the right to interact with agencies authorized to announce inland waterway ports, issue permits for inland waterway port operations; local authorities and related agencies to perform assigned responsibilities and tasks.

2. The Inland Waterway Port Office may request management units of inland waterways, maritime safety assurance units to provide information on ship routes to inform organizations, units, and individuals in need about the situation of routes for vessels entering and leaving ports and inland waterway wharfs within its responsibility.

Chapter IV

ORGANIZATION OF THE INLAND WATERWAY PORT OFFICE

Article 7. Organizational System

1. The Inland Waterway Port Office under the Vietnam Inland Waterway Administration is organized by region and established by the Minister of Transport.

2. The Inland Waterway Port Office under the Department of Transport is established by the Chairman of the People's Committee of the province or centrally governed city.

Article 8. Principles of Operation

1. The Inland Waterway Port Office under the Vietnam Inland Waterway Administration is directly led and is responsible to the Director of the Vietnam Inland Waterway Administration.

2. The Inland Waterway Port Office under the Department of Transport is directly led and is responsible to the Director of the Department of Transport; it is guided and inspected in professional matters by the Ministry of Transport and the Vietnam Inland Waterway Administration.

Article 9. Organizational Structure

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

a) Support offices for the Director, which are functional departments;

b) Representatives of the Inland Waterway Port Office.

2. Representatives of the Inland Waterway Port Office may use their own seals and perform state management functions at ports, inland waterway wharfs, or clusters of such facilities as assigned. Depending on actual requirements and management areas, Representatives of the Inland Waterway Port Office may organize Port Offices and this is decided by the Director of the Inland Waterway Port Office.

3. The establishment, reorganization, and dissolution of functional departments and Representatives of the Inland Waterway Port Office are decided by the Director of the Vietnam Inland Waterway Administration or the Director of the Department of Transport upon the proposal of the Director of the Inland Waterway Port Office. The functions, duties, and powers of these functional departments and Representatives are defined by the Director of the Inland Waterway Port Office.

Article 10. Staff of the Inland Waterway Port Office

1. The Inland Waterway Port Office is led by a Director, assisted by a Deputy Director. The Director is the head of the Inland Waterway Port Office, managing the office according to the chief system; the Deputy Director assists the Director in performing tasks as assigned by the Director and is responsible to the Director for the delegated work. When the Director is absent, a Deputy Director designated by the Director will manage the office.

Representatives of the Inland Waterway Port Office are led by a Head Representative, assisted by a Deputy Head Representative.

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

a) The Director is appointed and relieved from duty by the Director of the Vietnam Inland Waterway Administration;

b) The Deputy Director and Chief Accountant are appointed and relieved from duty by the Director of the Vietnam Inland Waterway Administration upon the recommendation of the Director;

c) The appointment and relief from duty of other positions within the Inland Waterway Port Office follow the cadre management hierarchy of the Vietnam Inland Waterway Administration.

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

The appointment, relief from duty, and placement of staff in the Inland Waterway Port Office follow the cadre management hierarchy of the province or centrally governed city.

Article 11. Establishment and Treatment of Staff for Port Authorities

1. The establishment of inland waterway port authorities shall be assigned annually as follows:

a) By the Minister of Transport to inland waterway port authorities under the Vietnam Inland Waterways Administration in accordance with the provisions of the law;

b) By the Chairman of the People's Committee of provinces and centrally governed cities to inland waterway port authorities under the Department of Transport in accordance with the provisions of the law.

2. Staff members of inland waterway port authorities who are part of the public service establishment shall be recruited, utilized, and managed in accordance with the laws on cadres, civil servants, officials, and labor; they shall be paid salaries and other benefits as prescribed by law.

3. Cadres and officials of inland waterway port authorities shall be provided with uniforms according to models prescribed by the Minister of Transport and must wear these uniforms when performing official duties.

Article 12. Operating Expenses of Inland Waterway Port Authorities

The operating expenses and financial mechanisms of inland waterway port authorities shall be implemented in accordance with the current legal regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect 45 days from the date of issuance. Decree No. 32/2004/QĐ-BGTVT dated December 21, 2004, of the Minister of Transport regarding the organization and operation of inland waterway port authorities is hereby abolished.

Article 4. Responsibilities for Implementation

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

2. The Heads of the Office, Inspectorate, Departments, Directors of the Vietnam Inland Waterways Administration, Vietnam Maritime Administration, Provincial Departments of Transport, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular.

3. Any issues arising during implementation should be promptly reported to the Ministry of Transport for consideration and resolution within their authority./.