Circular No. 35/2020/TT-BGTVT Amending and Supplementing Certain Articles of Circulars on the Regular Reporting System in the Inland Waterway Transport Sector

CIRCULAR

Provincial People's Committees set specific pricesto amend, supplement some articles of Circulars stipulating the reporting system in inland waterway transport

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Pursuant to Decree No. 12/2017/NĐ-CP dated December 10, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Minister of Transport;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

At the proposal of the Director of the Ministry's Office and the Director of the Vietnam Inland Waterways Administration;

The Minister of Transport issues this Circular amending and supplementing some articles of Circulars stipulating the reporting system in inland waterway transport.

Article 1. Amending and supplementing some articles of Circular No. 26/2013/TT-BGTVT dated September 10, 2013 of the Minister of Transport stipulating responsibilities and handling violations for organizations, cadres, civil servants, and employees in the transport sector assigned tasks in ensuring traffic order and safety on inland waterways

1. Amending and supplementing Clause 5 of Article 4 as follows:

"5. Report to the Vietnam Inland Waterways Administration the situation regarding the maintenance of traffic order and safety on inland waterways within the scope of responsibility of the locality, detailed as follows:

a) Name of report: Report on the situation regarding the maintenance of traffic order and safety on inland waterways within the scope of responsibility of the locality;

b) Content of report: Contents related to the situation regarding the maintenance of traffic order and safety on inland waterways within the scope of responsibility of the locality as prescribed in the Appendix attached hereto;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submitting reports: Before the 18th day of the month in the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report template: As prescribed in the Appendix attached hereto."

2. Supplementing the Appendix to Circular No. 26/2013/TT-BGTVT dated September 10, 2013 of the Minister of Transport stipulating responsibilities and handling violations for organizations, cadres, civil servants, and employees in the transport sector assigned tasks in ensuring traffic order and safety on inland waterways corresponding to Appendix 1 attached hereto.

Article 2. Amending and supplementing some articles of Circular No. 50/2014/TT-BGTVT dated October 17, 2014 of the Minister of Transport stipulating management of inland waterway ports and wharves

1. Supplementing Clause 4 and Clause 5 of Article 25 as follows:

"4. Summarize data on port and wharf management activities under jurisdiction on a monthly, quarterly, and annual basis and report to the Vietnam Inland Waterways Administration, detailed as follows:

a) Name of report: Summary report on port and wharf management activities;

b) Content of report: Contents related to port and wharf management activities under jurisdiction as prescribed in Model No. 19 of the Appendix attached hereto;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly, quarterly, annually;

đ) Deadline for submitting reports: Before the 17th day of each month for monthly reports; before the 18th day of the last month of the quarter in the reporting period for quarterly reports; before December 20 of the reporting period for annual reports;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period for monthly reports; from the 15th day of the month prior to the reporting period to the 14th day of the last month of the quarter in the reporting period for quarterly reports; from December 15 of the year prior to the reporting period to December 14 of the reporting period for annual reports;

g) Report template: As prescribed in Model No. 19 of the Appendix attached hereto.

5. Compile a directory of ports and wharves under jurisdiction on a quarterly and annual basis and report to the Vietnam Inland Waterways Administration, detailed as follows:

a) Name of report: Directory of ports and wharves;

b) Content of report: Contents related to the directory of ports and wharves under jurisdiction as prescribed in Model No. 20 of the Appendix attached hereto;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Quarterly, annually;

đ) Deadline for submitting reports: Before the 18th day of the last month of the quarter in the reporting period for quarterly reports; before December 20 of the reporting period for annual reports;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the last month of the quarter in the reporting period for quarterly reports; from December 15 of the year prior to the reporting period to December 14 of the reporting period for annual reports;

g) Report template: As prescribed in Model No. 20 of the Appendix attached hereto."

2. Amending and supplementing Clause 4 of Article 26 as follows:

"4. Compile a directory of ports, wharves, and river passenger terminals under jurisdiction on a quarterly and annual basis and report to the People's Committee of the province and the Vietnam Inland Waterways Administration, detailed as follows:

a) Name of report: Directory of ports, wharves, and river passenger terminals;

b) Content of report: Contents related to the directory of ports, wharves, and river passenger terminals under jurisdiction as prescribed in Model No. 20 and Model No. 21 of the Appendix attached hereto;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Quarterly, annually;

đ) Deadline for submitting reports: Before the 18th day of the last month of the quarter in the reporting period for quarterly reports; before December 20 of the reporting period for annual reports;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the last month of the quarter in the reporting period for quarterly reports; from December 15 of the year prior to the reporting period to December 14 of the reporting period for annual reports;

g) Report template: As prescribed in Model No. 20 and Model No. 21 of the Appendix attached hereto."

3. Amending and supplementing Clause 3 of Article 27 as follows:

"3. Annually, compile a summary report of localities and units and report to the Ministry of Transport regarding the directory of ports and wharves. Detailed as follows:

a) Name of report: Directory of ports and wharves;

b) Content of report: Contents related to the directory of ports and wharves under jurisdiction as prescribed in Model No. 20 of the Appendix attached hereto;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Annually;

đ) Deadline for submitting reports: Before December 25 each year;

e) Time frame for finalizing report data: From December 15 of the year prior to the reporting period to December 14 of the reporting period;

g) Report template: As prescribed in Model No. 20 of the Appendix attached hereto."

4. Abolishing Model No. 18 of the Appendix attached to Circular No. 50/2014/TT-BGTVT dated October 17, 2014 of the Minister of Transport stipulating management of inland waterway ports and wharves.

Article 3. Amend and supplement Clause 4 and Clause 5 of Article 21 of Circular No. 75/2014/TT-BGTVT dated December 19, 2014 of the Minister of Transport on registration of inland waterway vessels.

"4. Registration offices at the district, commune, ward, and town levels shall report to the Department of Transport the results of vessel registration, detailed as follows:

a) Report title: Summary report on the registration of inland waterway vessels;

b) Content of the report: Matters related to the registration of inland waterway vessels as stipulated in Form No. 12 of Appendix I issued together with this Circular;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submitting reports: Before the 18th day of the month in the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report form: As prescribed in Form No. 12 of Appendix I issued together with this Circular.

5. Departments of Transport of provinces and centrally-administered cities, and Inland Waterway Transport Management Branches shall report to the Vietnam Inland Waterway Transport Administration the results of vessel registration, detailed as follows:

a) Report title: Summary report on the registration of inland waterway vessels;

b) Content of the report: Matters related to the registration of inland waterway vessels as stipulated in Form No. 12 of Appendix I issued together with this Circular;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submitting the report: Before the 22nd day of the month within the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report form: As prescribed in Form No. 12 of Appendix I issued together with this Circular."

Article 4. Amend and supplement some articles of Circular No. 65/2015/TT-BGTVT dated November 5, 2015 of the Minister of Transport on economic and technical norms for repair of specialized vessels used in management and maintenance of inland waterways.

1. Amend and supplement Point 2.3 Clause 2 Chapter 15 of the Economic and Technical Norms for Repair of Specialized Vessels Used in Management and Maintenance of Inland Waterways issued together with Circular No. 65/2015/TT-BGTVT as follows:

"2.3. The units managing and using the vessels shall be responsible for building and submitting to the competent authority reports on the number of vessels, quality of vessels, and periodic repair plans for vessels, detailed as follows:

a) Report title: Report on the management of specialized vessels used in management and maintenance of inland waterways;

b) Content of the report: Matters related to the number of vessels, quality of vessels, and periodic repair plans for specialized vessels used in management and maintenance of inland waterways;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Annually;

đ) Deadline for submitting the report: Before December 20th of the year within the reporting period;

e) Time frame for finalizing report data: From December 15 of the year prior to the reporting period to December 14 of the reporting period;

g) Report form: As prescribed in the Appendix of the Economic and Technical Norms for Repair of Specialized Vessels Used in Management and Maintenance of Inland Waterways issued together with this Circular."

2. Supplement Appendix to the Economic and Technical Norms for Repair of Specialized Vessels Used in Management and Maintenance of Inland Waterways issued together with Circular No. 65/2015/TT-BGTVT dated November 5, 2015 of the Minister of Transport on economic and technical norms for repair of specialized vessels used in management and maintenance of inland waterways corresponding to Appendix 2 issued together with this Circular.

Article 5. Amend and supplement Clause 4 of Article 14 of Circular No. 19/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport on surveying channels for management and channel announcement of inland waterways.

"4. Units managing and maintaining inland waterways shall promptly report unexpected situations occurring on channels and routes; regularly report the current status of inland waterway channels to the Vietnam Inland Waterway Transport Administration, Inland Waterway Transport Management Branches in regions, or local Departments of Transport (for national inland waterway routes managed by local authorities) and other information media, detailed as follows:

a) Report title: Channel report;

b) Content of the report: Matters related to the current status of inland waterway channels;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Weekly;

đ) Deadline for submitting the report: Before Saturday of the week within the reporting period;

e) Time for finalizing data for the report: From Friday of the week before the reporting period to Thursday of the week within the reporting period;

g) Report form: As prescribed in Appendix 4 issued together with this Circular."

Article 6. Amending and supplementing some articles of Circular No. 12/2018/TT-BGTVT dated March 23, 2018, issued by the Minister of Transport on flood and storm prevention and control in inland waterway transport.

1. Amending and supplementing Point b Clause 1 Article 21 as follows:

"b) Report on the summary of flood and storm prevention and control work, detailed report as follows:

Name of the report: Flood and Storm Prevention and Control Work Report;

Content of the report: Contents related to flood and storm prevention and control work;

Method of sending and receiving reports: The report is presented in paper form or electronic form. The report is sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law;

Frequency of reporting: Annually;

Deadline for submitting the report: Before December 20 of the year within the reporting period;

Time for finalizing data for the report: From December 15 of the previous reporting period to December 14 of the current reporting period;

Template of the report: As prescribed in Appendix 4 attached to this Circular."

2. Amending and supplementing Point b Clause 2 Article 21 as follows:

"b) Report on the summary of flood and storm prevention and control work, detailed report as follows:

Name of the report: Flood and Storm Prevention and Control Work Report;

Content of the report: Contents related to flood and storm prevention and control work;

Method of sending and receiving reports: The report is presented in paper form or electronic form. The report is sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law;

Frequency of reporting: Annually;

Deadline for submitting the report: Before December 25 of the year within the reporting period;

Time for finalizing data for the report: From December 15 of the previous reporting period to December 14 of the current reporting period;

Outline template of the report: As prescribed in Appendix 4 attached to this Circular."

3. Supplementing Appendix 4 to Circular No. 12/2018/TT-BGTVT dated March 23, 2018, issued by the Minister of Transport on flood and storm prevention and control in inland waterway transport corresponding to Appendix 3 attached to this Circular.

"b) The Vietnam Inland Waterway Administration organizes the management and inspection of the implementation of approved maintenance plans for inland waterway works by units and compiles, reports periodically and urgently on the results of implementing the maintenance plan for inland waterway works to the Ministry of Transport, detailed periodic report as follows:

Name of the report: Report on the Results of Implementing the Maintenance Plan for Inland Waterway Works;

Content of the report: Contents related to the results of implementing the maintenance plan for inland waterway works;

Method of sending and receiving reports: The report is presented in paper form or electronic form. The report is sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law;

Frequency of reporting: Quarterly and annually;

Deadline for submitting the report: For quarterly periodic reports before the 18th day of the last month of the quarter within the reporting period. For annual periodic reports before December 25 of the reporting period;

Time for finalizing data for the report: For quarterly periodic reports from December 15 of the previous reporting period to the 14th day of the last month of the quarter within the reporting period. For annual periodic reports from December 15 of the previous reporting period to December 14 of the current reporting period;

Outline template of the report: As prescribed in Appendix 2 attached to this Circular.
c) Departments of Transport, owners or persons authorized (for dedicated inland waterways) report annually with the Vietnam Inland Waterway Administration and the Ministry of Transport on the implementation of maintenance of inland waterway works; safety of inland waterway works when accidents occur that may cause disasters according to laws on construction project quality management. Detailed report as follows:

Name of the report: Report on the Results of Implementing the Maintenance Plan for Inland Waterway Works;

Content of the report: Contents related to the results of implementing the maintenance plan for inland waterway works;

Method of sending and receiving reports: The report is presented in paper form or electronic form. The report is sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law;

Frequency of reporting: Quarterly and annually;

Deadline for submitting the report: For quarterly periodic reports before the 18th day of the last month of the quarter within the reporting period. For annual periodic reports before December 25 of the reporting period;

Time for finalizing data for the report: For quarterly periodic reports from December 15 of the previous reporting period to the 14th day of the last month of the quarter within the reporting period. For annual periodic reports from December 15 of the previous reporting period to December 14 of the current reporting period;

Outline template of the report: As prescribed in Appendix 2 attached to this Circular."

Article 8. Amend and supplement Article 4 of Circular No. 80/2014/TT-BGTVT dated December 30, 2014 of the Minister of Transport on passenger and baggage transportation on inland waterways (amended and supplemented at Clause 2, Article 1 of Circular No. 34/2019/TT-BGTVT dated September 6, 2019 of the Minister of Transport amending and supplementing certain articles of circulars on inland waterway transport).

"Article 4. Obligations of organizations and individuals engaged in passenger and baggage transportation on inland waterways

1. Equip all fire-fighting equipment and life-saving tools as prescribed and place them in positions according to the design of the vessel; for vessels where the design has been lost, they must be placed in easily visible and accessible locations without affecting evacuation from the vessel.

2. Announce at ports and wharfs serving passengers at least three days before any change in the operation schedule or route timetable of the vessel; twelve hours before any departure time change (except for river-crossing passenger transport).

3. At least ten minutes before the vessel arrives at a port or wharf, the captain must organize announcements to passengers regarding the name of the port or wharf, the vessel's stay time, and other necessary information (except for river-crossing passenger transport).

4. Post on board: hotlines of organizations, individuals, management agencies, and rescue units; rules for passenger travel boards, instructions for using fire-fighting equipment and life-saving tools, trash bins, and escape routes in easily visible locations on the vessel.

5. Serve passengers courteously and respectfully.

6. Pick up and drop off passengers at ports and wharfs that have been announced or permitted; transportation contracts must be signed before transporting passengers and freight charges collected according to the value of the signed contract.

7. Notify in writing to the Department of Transport and Port Management Authorities related to the organization or individual engaged in passenger transport:

a) Ten days prior to commencing fixed-route passenger transport operations;

b) Five days prior to ceasing operations on fixed routes.

8. Regularly report the number of transported passengers and turnover to the Department of Transport of the province or city where the organization or individual operates transportation business, detailed as follows:

a) Report title: Passenger Transportation and Turnover Report;

b) Report content: Matters related to the number of transported passengers and turnover as stipulated in Appendix I issued together with this Circular;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submission: Before the 21st day of the month covered by the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report format: As prescribed in Appendix I issued together with this Circular.

9. Other obligations as prescribed in Clause 2, Article 82 of the Inland Waterway Transport Law."

Article 9. Amend and supplement Clause 1 and Clause 2 of Article 27 of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence and certificates of competency for inland waterway crew members.

"1. Training institutions regularly report monthly to the Department of Transport on the results of training for crew members and drivers of inland waterway vessels, and the work of issuing, reissuing, converting certificates of competency and updating data on crew member and driver information within their assigned management scope, detailed as follows:

a) Report title: Crew Member and Driver Training Results Report and Certificate Issuance, Reissuance, Conversion Work and Information Data Update Report;

b) Report content: Matters related to training for crew members and drivers of inland waterway vessels and the work of issuing, reissuing, converting certificates of competency and updating data on crew member and driver information as stipulated in Appendix XI issued together with this Circular;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submitting reports: Before the 18th day of the month in the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report outline: As prescribed in Appendix XI issued together with this Circular.

2. Monthly, Departments of Transport and training institutions report to the Vietnam Inland Waterway Administration on the results of training for crew members and drivers of inland waterway vessels and the work of issuing, reissuing, converting certificates of professional competence and competency and updating data on crew member and driver information within their assigned management scope, detailed as follows:

a) Report title: Crew Member and Driver Training Results Report and Certificate Issuance, Reissuance, Conversion Work and Information Data Update Report;

b) Report content: Matters related to training for crew members and drivers of inland waterway vessels and the work of issuing, reissuing, converting certificates of competency and updating data on crew member and driver information;

c) Method of sending and receiving reports: Reports shall be presented in either paper form or electronic form. Reports shall be sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods as prescribed by law;

d) Frequency of reporting: Monthly;

đ) Deadline for submission: Before the 25th day of the month covered by the reporting period;

e) Time frame for finalizing report data: From the 15th day of the month prior to the reporting period to the 14th day of the month in the reporting period;

g) Report format: As prescribed in Appendix XVI issued together with this Circular."

1. Amend and supplement Point a Clause 1 Article 16

"a) The Vietnam Inland Waterways Administration shall be responsible for implementing this Circular throughout the country and report the implementation results to the Ministry of Transport, with detailed contents as follows:

Report title: Report on the situation of ensuring security at inland waterway ports receiving foreign watercraft;

Content of the report: Contents related to the situation of ensuring security at inland waterway ports receiving foreign watercraft.

Method of sending and receiving reports: The report is presented in paper form or electronic form. The report is sent to the receiving agency through one of the following methods: direct delivery, postal service, fax, email system, or other methods prescribed by law;

Frequency of reporting: Quarterly and annually;

Deadline for submitting the report: Before the 18th day of the last month of the quarter for quarterly reports; Before the 20th day of December for annual reports;

Period for finalizing data for the report: From the 15th day of the month preceding the reporting period to the 14th day of the last month of the quarter for quarterly reports; From the 15th day of December of the year preceding the reporting period to the 14th day of December of the reporting period for annual reports;

Format of the report: As prescribed in Appendix XI attached to this Circular."

2. Add Appendix XI to Circular No. 57/2013/TT-BGTVT dated December 27, 2013 of the Minister of Transport on ensuring security at inland waterway ports receiving foreign watercraft corresponding to Appendix 4 issued together with this Circular.

Article 11. Implementation Provisions

This Circular takes effect from February 15, 2021.

Article 12. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterways Administration, Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.