Circular No. 50/2014/TT-BGTVT on the management of inland waterway ports and wharfs

CIRCULAR

Article 24Regarding inland waterway port and wharf management

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

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

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

The Minister of Transport issues this Circular on inland waterway port and wharf management.

PART I
GENERAL PROVISIONS

1. This Circular stipulates investment in construction, management, operation of inland waterway ports and wharfs, and activities of inland waterway vessels, Vietnamese seagoing ships, and foreign inland waterway vessels within port and wharf waters.

2. Management of inland waterway ports and wharfs within port sea areas shall be carried out in accordance with the provisions of this Circular, except where otherwise decided by the Minister of Transport based on actual conditions.

This Circular applies to organizations and individuals investing in construction, management, and operation of inland waterway ports and wharfs; using inland waterway vessels, Vietnamese seagoing ships, foreign inland waterway vessels, or conducting other activities related to inland waterway ports and wharfs.

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

1. An inland waterway port is a system of facilities constructed for inland waterway vessels, seagoing ships, and foreign inland waterway vessels to moor, load and unload goods, embark and disembark passengers, and perform other supporting services; an inland waterway port includes port land and port water areas. An inland waterway port comprises general-purpose ports, cargo ports, passenger ports, and specialized ports.

2. Port land is delineated for constructing port facilities, warehouses, yards, workshops, offices, service bases, transportation systems, communication networks, electricity, water supply, equipment installation, and other ancillary structures.

3. Port water areas are delineated for establishing pre-port water areas, turning areas, anchorage zones, transshipment zones, unloading zones, and storm shelters.

4. A general-purpose port is a port that both loads and unloads goods and embarks and disembarks passengers, and performs other services.

5. A specialized port is an inland waterway port of an organization or individual used for loading and unloading goods and materials for their own production purposes or for building and repairing inland waterway vessels, seagoing ships, and foreign inland waterway vessels.

6. An inland waterway wharf is an independent facility of small scale, comprising port land and pre-wharf water areas for inland waterway vessels to moor, load and unload goods, embark and disembark passengers, and perform other supporting services. An inland waterway wharf includes cargo wharfs, passenger wharfs, general-purpose wharfs, river-crossing passenger wharfs, and specialized wharfs.

7. A specialized wharf is an inland waterway wharf of an organization or individual used for loading and unloading goods and materials for their own production purposes or for building and repairing inland waterway vessels.

8. A river-crossing passenger wharf is an inland waterway wharf specifically serving passenger transport from one bank to another.

9. An inland waterway vessel is a ship, boat, or other floating structure, powered or unpowered, operating on inland waterways.

10. A Vietnamese seagoing ship is a ship registered in the National Register of Ships of Vietnam or temporarily permitted to fly the flag of Vietnam by diplomatic or consular authorities of Vietnam abroad.

11. A foreign inland waterway vessel is an inland waterway vessel or seagoing ship registered by a foreign authority.

12. A port or wharf owner is an organization or individual who invests in constructing an inland waterway port or wharf or is entrusted by the investor to manage the port or wharf.

13. An organization or individual operating a port or wharf is an organization or individual using an inland waterway port or wharf for business and operational purposes.

14. Pilot reception zone is a water area announced by the competent authority for foreign inland waterway vessels and seagoing ships to moor and embark or disembark pilots.

Chapter II
INVESTMENT IN CONSTRUCTION OF INLAND WATERWAY PORTS AND WHARFS

1. The Minister of Transport shall approve and implement the planning for inland waterway ports.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall approve and implement the planning for inland waterway wharfs within their administrative areas. For inland waterway wharfs on national inland waterways, before approving the planning, the People's Committee of provinces and centrally governed cities must seek the agreement of the Vietnam Inland Waterway Administration.

1. Investment and construction of inland waterway ports and wharfs must comply with legal regulations on investment and construction; fire prevention and firefighting; environmental protection; national technical standards and norms; ensure traffic safety, and other provisions set forth in this Circular.

2. Investment and construction of inland waterway ports and wharfs must be consistent with the approved system planning for ports and wharfs. In cases where the investment and construction project of an inland waterway port or wharf is not included in the planning or differs from it, the investor must report to and obtain approval from the competent authority responsible for the planning before implementing the project.

1. Authority to approve the policy for constructing inland waterway ports

a) The Ministry of Transport shall approve the policy for constructing inland waterway ports that receive foreign watercraft.

b) The Vietnam Inland Waterway Administration shall approve the policy for constructing inland waterway ports that do not receive foreign watercraft on national inland waterways, dedicated inland waterways connecting to national inland waterways, dedicated inland waterways located across multiple provinces and centrally governed cities, and inland waterway ports with land areas both on national inland waterways and local inland waterways or both on national inland waterways and port area waters.

c) The Department of Transport shall approve the policy for constructing inland waterway ports that do not receive foreign watercraft on national inland waterways under its management, local inland waterways, dedicated inland waterways connecting to local inland waterways, and wharfs in port area waters within its administrative boundaries.

2. Documents for approval of the policy for constructing inland waterway ports

The investor shall submit one set of documents for approval of the policy for constructing inland waterway ports directly or through postal services or other appropriate means to the Vietnam Inland Waterway Administration or the Department of Transport. The documents include:

a) An application form for approval of the policy for constructing inland waterway ports according to Model No. 1 attached to this Circular.

b) A map showing the location of the planned port construction site, the layout of the port, and the water area in front of the port.

3. The Vietnam Inland Waterway Administration or the Department of Transport shall receive, review, and process the documents as follows:

a) In cases where the documents are submitted directly, if they are complete, a receipt will be issued and a result will be provided within the prescribed time limit; if the documents are incomplete, they will be returned immediately and the investor will be guided to complete them.

b) In cases where the documents are received through postal services or other appropriate means, if they are incomplete, within two working days from the date of receipt, the Vietnam Inland Waterway Administration or the Department of Transport shall issue a document requesting the investor to supplement and complete the documents.

c) For inland waterway ports that receive foreign watercraft: The Vietnam Inland Waterway Administration or the Department of Transport shall examine the documents, report the examination results to the Ministry of Transport along with one set of documents submitted by the investor within five working days from the date of receiving the complete documents. The Ministry of Transport shall seek opinions from the Ministry of National Defense and the Ministry of Public Security. Within five working days from the date of receiving the documents from the Ministry of National Defense and the Ministry of Public Security, the Ministry of Transport shall issue a document approving the policy for constructing inland waterway ports to the investor. If approval is not granted, a document explaining the reasons must be issued.

d) For inland waterway ports that do not receive foreign watercraft

Within seven working days from the date of receiving the documents, the Vietnam Inland Waterway Administration or the Department of Transport shall issue a document approving the construction of inland waterway ports to the investor. If approval is not granted, a document explaining the reasons must be issued.

For inland waterway ports located in port area waters, before approving the policy for constructing inland waterway ports, the Vietnam Inland Waterway Administration and the Department of Transport must seek the written opinion of the Maritime Port Management Office. Within two working days from the date of receiving the request letter from the Vietnam Inland Waterway Administration and the Department of Transport, the Maritime Port Management Office shall issue a reply.

4. The document approving the policy for constructing inland waterway ports has a validity period of twenty-four months (for port projects in Group A) and twelve months (for port projects in Groups B and C). If the investor wishes to continue implementing the project beyond these periods, they must reapply for approval of the policy for constructing inland waterway ports according to the provisions of this Article.

1. Competence to Approve the Proposal for Building Inland Waterway Wharfs

The Department of Transport shall approve the proposal for building inland waterway wharfs and river passenger wharfs within the administrative boundaries of the locality.

2. Documents for Approval of the Proposal for Building Inland Waterway Wharfs

The investor shall submit one set of documents requesting approval of the proposal for building inland waterway wharfs directly or through the postal service or other appropriate means to the Department of Transport. The documents include:

a) Application for approval of the proposal for building inland waterway wharfs according to Form No. 2 and Application for approval of the proposal for building river passenger wharfs according to Form No. 3 attached to this Circular;

b) Plan of location and layout plan of the wharf construction site and the water area in front of the wharf.

3. Acceptance, Examination, and Processing by the Department of Transport

a) In cases where the documents are submitted directly, if they are complete, a receipt will be issued and a result will be provided within the prescribed time limit; if the documents are incomplete, they will be returned immediately and the investor will be guided to complete them.

b) In case of receiving documents through the postal service or other appropriate means, if the documents are not complete as required, within two working days from the date of receipt of the documents, the Department of Transport shall issue a written request for the investor to supplement and perfect the documents.

c) Within five working days from the date of receipt of the documents as prescribed, the Department of Transport shall issue a written approval for building inland waterway wharfs on local inland waterways and dedicated inland waterways connecting with local inland waterways and send it to the investor. In case of disapproval, there must be a written response stating the reasons.

For inland waterway wharfs on national inland waterways and dedicated inland waterways connecting with national inland waterways, before issuing the approval, the Department of Transport must seek the opinion in writing of the Inland Waterway Branch regarding the location and impact of the wharf on the channel and the protection zone of other facilities in the area. Within two working days from the date of receipt of the request letter from the Department of Transport along with the documents as prescribed, the Inland Waterway Branch shall issue a written response.

For inland waterway wharfs located within port waters, before approving the proposal for building inland waterway wharfs, the Department of Transport must seek the written opinion of the Maritime Port Inspection Office in the region. Within two working days from the date of receipt of the request letter from the Department of Transport, the Maritime Port Inspection Office in the region shall issue a written response.

For river passenger wharfs, before issuing the approval, the Department of Transport must seek the written opinion of the People's Committee of the commune where the wharf is planned to be built. Within two working days from the date of receipt of the request letter from the Department of Transport along with the documents as prescribed, the People's Committee of the commune shall issue a written response.

4. The approval document for the proposal for building inland waterway wharfs has a validity period of twelve months from the date of signing. If the investor wishes to build the wharf beyond the above period, they must reapply for approval of the proposal for building inland waterway wharfs according to the provisions of this Article.

Chapter III
COMPETENCE AND PROCEDURES FOR ANNOUNCEMENT AND ISSUE OF LICENSES
PORT AND INLAND WATERWAY WHARF OPERATIONS

The agencies specified in Clause 1 of Article 6 of this Circular have the competence to announce and reannounce the operations of inland waterway ports that they have approved the proposal for building.

The Department of Transport and Logistics shall issue and reissue licenses for inland waterway wharfs and river passenger wharfs within the administrative boundaries of the locality.

1. Documents for Requesting Announcement of Inland Waterway Port Operations

The port operator shall submit one set of documents requesting the announcement of inland waterway port operations directly or through the postal service or other appropriate means to the Directorate of Inland Waterways of Vietnam or the Department of Transport and Logistics. The documents include:

a) A request form for announcing an inland waterway port according to Model No. 4 attached to this Circular;

b) A certified copy of the investment decision on constructing the port issued by the competent authority in accordance with the laws on investment, or a copy accompanied by the original for verification;

c) Technical design documents approved and completion documents;

d) Acceptance record of the project;

đ) Chart of the port's waters;

e) A certified copy of the technical safety and environmental protection certificate for floating buoys (if floating buoys are used instead of piers);

g) A certified copy of the security certification for inland waterway ports that receive foreign vessels.

2. Reception, Inspection, and Processing of Documents

a) In cases where documents are submitted directly, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled according to the prescribed time limit; if the documents are incomplete, they will be returned immediately and the port operator will be instructed to complete the documents.

b) In cases where documents are received through the postal service or other appropriate means, if the documents are incomplete according to the regulations, within two working days from the date of receiving the documents, the Directorate of Inland Waterways of Vietnam or the Department of Transport and Logistics will issue a document requesting the port operator to supplement and complete the documents.

c) For inland waterway ports that receive foreign vessels:

Within their scope of responsibility, the Directorate of Inland Waterways of Vietnam or the Department of Transport and Logistics will review the documents, report the review results to the Ministry of Transport along with one set of documents requesting the announcement of inland waterway port operations submitted by the port operator within five working days from the date of receiving the complete documents as prescribed.

The Ministry of Transport will issue a decision to announce the operation of the inland waterway port according to Model No. 5 attached to this Circular and send it to the port operator within five days from the date of receiving the report on the review of the documents requesting the announcement of the operation of the inland waterway port. If not approved, there must be a reply document stating the reasons.

d) For inland waterway ports that do not receive foreign watercraft

Within five working days from the date of receiving the documents as prescribed, the Directorate of Inland Waterways of Vietnam or the Department of Transport and Logistics will issue a decision to announce the operation of the inland waterway port according to Model No. 5 attached to this Circular and send it to the port operator. If not approved, there must be a reply document stating the reasons.

3. Validity Period of Decision Announcing Port Operations

The validity period of the decision announcing the operation of the inland waterway port is equal to the land use period granted by the competent authority to the port operator or as requested by the port operator.

4. Cases of Newly Constructed Piers

1. The wharf owner shall submit one set of application documents directly or through the postal service or other appropriate means to the Department of Transport. The application package includes:

a) Application form for issuing an inland waterway wharf operation license according to Form No. 6 and Application form for issuing a passenger ferry wharf operation license according to Form No. 7 attached as an appendix to this Circular.

b) Technical design documents or approved economic-technical investment construction reports; completion documents;

c) Acceptance record of the project;

d) Diagram of the water area in front of the wharf and the approach channel (if applicable), prepared by the wharf owner;

đ) Copy of the technical safety and environmental protection certificate for floating docks (if floating docks are used as wharfs);

e) Written approval from the competent authority for temporary use in cases where the wharf is located within the protected zone of specialized infrastructure as stipulated by law.

2. The Department of Transport shall receive, examine, and process the application as follows:

a) In cases where the application is submitted directly, if the application is complete, issue a receipt for the application and schedule a time to deliver the result within the prescribed period; if the application is incomplete, return it immediately and guide the wharf owner to complete the application.

b) In cases where the application is received through the postal service or other appropriate means, if the application is incomplete, within two working days from the date of receipt, the Department of Transport shall issue a written request for the wharf owner to supplement and complete the application.

c) Within five working days from the date of receiving a complete application, the Department of Transport shall issue an inland waterway wharf operation license according to Form No. 8 and a passenger ferry wharf operation license according to Form No. 9 attached as an appendix to this Circular and send them to the wharf owner.

3. Validity Period of the License for Inland Waterway Wharf Operations The validity period of the license for inland waterway wharf operations is equal to the land use period granted by the competent authority to the wharf owner or as requested by the wharf owner.

In cases where organizations or individuals need to establish a temporary wharf for loading and unloading materials, equipment, and supplies for construction projects, factories, or industrial zones, the validity period of the wharf operation license is equivalent to the duration of the construction project, factory, or industrial zone.

4. For passenger ferry wharves, if both sides of the wharf are operated by the same owner and fall under the licensing jurisdiction of one authority, the wharf operator shall submit an application for a passenger ferry wharf operation license according to Form No. 7 attached as an appendix to this Circular. The competent authority shall issue one passenger ferry wharf operation license for both ends of the wharf according to Form No. 9 attached as an appendix to this Circular.

5. If the wharf owner needs a water area for berthing vessels to pick up and drop off passengers and load/unload cargo outside the wharf's water area, the area must be clearly stated in the application for the wharf operation license. The berthing area for vessels must not be located within the channel or within the protected zone of infrastructure.

1. An inland waterway port must be re-published in the following cases:

a) When there is a change in ownership;

b) The decision to publish operations has become invalid;

c) There is a change in the structure of port facilities, land areas, water areas, or a change in the purpose of the port.

2. Documents for Requesting Republishing of Inland Waterway Ports

The port owner shall submit one set of documents requesting republishing of the port's operations directly, through the postal system, or by other appropriate means to the Vietnam Inland Waterways Administration or the Department of Transport. The documents include:

a) A request form for republishing inland waterway ports according to Model No. 10 attached to this Circular;

b) For cases where the change in ownership does not alter the published contents, the port owner must attach a legal document on the transfer of the port and related documents on the handover of ownership or a legal document on division or merger (if applicable);

c) For cases where republishing is due to changes in the structure of port facilities, water areas, land areas, or the purpose of the port, the port owner must attach a certified copy of documents proving the changed contents;

d) For cases where republishing is due to expansion or upgrading construction to enhance port capacity, it shall be carried out according to the provisions of Article 10 of this Circular for the expanded or upgraded parts;

đ) For inland waterway ports that were published before January 1, 2005 and have lost their documents, the port owner must attach a request for a layout plan of the port facility, a chart of the water area, and a map of the land area of the port;

3. The Vietnam Inland Waterway Administration or the Department of Transport shall receive, review, and process the documents as follows:

a) In cases where documents are submitted directly, if the documents are complete, a receipt will be issued and a result delivery date will be scheduled according to the prescribed time limit; if the documents are incomplete, they will be returned immediately and the port operator will be instructed to complete the documents.

b) In cases where documents are received through the postal service or other appropriate means, if the documents are incomplete according to the regulations, within two working days from the date of receiving the documents, the Directorate of Inland Waterways of Vietnam or the Department of Transport and Logistics will issue a document requesting the port operator to supplement and complete the documents.

c) For inland waterway ports that receive foreign vessels:

Within its scope of responsibility, the Vietnam Inland Waterways Administration or the Department of Transport shall review the documents and submit the results of the review along with one set of documents requesting republishing of the port's operations submitted by the port owner within three working days from the date of receiving all required documents.

The Ministry of Transport shall issue a decision to republish the operation of the inland waterway port according to Model No. 5 attached to this Circular and send it to the port owner within three working days from the date of receiving the report on the review of the documents requesting republishing of the port's operations. If approval is not granted, a written response stating the reasons must be provided.

d) For inland waterway ports that do not receive foreign watercraft

Within three working days from the date of receiving the required documents, the Vietnam Inland Waterways Administration or the Department of Transport shall issue a decision to republish the operation of the inland waterway port according to Model No. 5 attached to this Circular and send it to the port owner. If approval is not granted, a written response stating the reasons must be provided.

4. The validity period of the decision to republish the operation of the inland waterway port is equal to the land use period granted by the competent authority to the port owner or as requested by the port owner.

1. An inland waterway wharf must be reissued an operating permit in the following cases:

a) The operating permit has expired;

b) There is a change in ownership;

c) There is a change in the land area, water area, or purpose of the wharf.

2. Documents for Requesting Reissuance of Operating Permits for Inland Waterway Wharfs

The wharf owner shall submit one set of documents requesting reissuance of the wharf's operating permit directly, through the postal system, or by other appropriate means to the Department of Transport. The documents include:

a) A request form for reissuing the operating permit for inland waterway wharfs according to Model No. 11 attached to this Circular.

b) For cases where the reissuance of the permit is due to a change in ownership but without altering the contents of the previously issued permit, the wharf owner must attach a legal document on the transfer of the wharf and related documents on the handover of ownership in case of a change in the wharf owner or a legal document on division or merger (if applicable);

c) For cases where the reissuance is due to changes in the land area, water area, or purpose of the wharf, the wharf owner must attach a request for legal documents proving the aforementioned changes;

d) For inland waterway wharfs that are expanded or upgraded to enhance the wharf's capacity, the documents for requesting reissuance of the operating permit shall be carried out according to the provisions of Article 11 of this Circular;

đ) For inland waterway wharfs that were issued an operating permit before January 1, 2005 and have lost their documents, the wharf owner must attach a request for a layout plan of the wharf facility, a chart of the water area, and a map of the land area of the wharf.

3. Acceptance, Examination, and Processing by the Department of Transport

a) In cases where the application is submitted directly, if the application is complete, issue a receipt for the application and schedule a time to deliver the result within the prescribed period; if the application is incomplete, return it immediately and guide the wharf owner to complete the application.

b) In cases where the application is received through the postal service or other appropriate means, if the application is incomplete, within two working days from the date of receipt, the Department of Transport shall issue a written request for the wharf owner to supplement and complete the application.

c) Within three working days from the date of receiving all required documents, the Department of Transport shall issue the operating permit for the inland waterway wharf sent to the wharf owner according to Model No. 8, and the operating permit for river passenger wharfs according to Model No. 9 attached to this Circular.

4. The validity period of the reissued operating permit for the inland waterway wharf is equal to the land use period granted by the competent authority to the wharf owner or as requested by the wharf owner.

For temporary wharfs operating to load and unload materials, equipment, and supplies for construction projects, factories, or industrial zones, the validity period of the reissued operating permit is equal to the duration of the construction project, factory, or industrial zone.

1. Port and inland waterway wharfs shall be suspended from operation in the following cases:

a) Changes in topography and hydrology that do not ensure safety for the operation of the port or wharf;

b) The port or wharf owner ceases operations;

c) There is a request for suspension of operations or evacuation from competent state agencies.

2. Port and inland waterway wharfs shall be suspended from operation for a limited period if the port or wharf construction is damaged and does not meet design conditions, causing traffic safety issues or posing a risk to the safety of people and vessels.

3. Competent authorities responsible for announcing port operations and issuing permits for inland waterway wharf operations have the authority to decide on suspending operations or suspending operations for a limited period for ports and inland waterway wharfs. Decisions to suspend port and wharf operations shall follow Model No. 12, decisions to suspend operations for a limited period for ports and wharfs shall follow Model No. 13 attached to this Circular.

4. Within fifteen days from the date the decision to suspend port and wharf operations becomes effective, the wharf owner shall be responsible for clearing obstructions within the port and wharf area; dismantling inland waterway navigation signals of the port and wharf. If the port or wharf owner fails to carry out these tasks, the state management agency for ports and wharfs has the right to organize their removal, and the wharf owner must bear responsibility for paying all costs associated with clearing obstructions and dismantling signals to the management agency.

Chapter IV
MANAGEMENT OF INLAND WATERWAY VESSEL OPERATIONS
AT PORTS AND INLAND WATERWAY WHARFS

Section 1
ENTRY INTO AND EXIT FROM PORT WATER AREAS
INLAND WATERWAY WHARFS

Prior to entering a port or inland waterway wharf, the master or mate or vessel operator shall be responsible for submitting and presenting the original copies of the following documents to the Inland Waterway Harbor Authority (hereinafter referred to as the Harbor Authority) or the Wharf Management Board:

1. Documents to be submitted

a) Departure permit from the last port or wharf (for vessels transferring cargo or transshipping within the port or wharf water areas, no departure permit is required);

b) Certificate of technical safety and environmental protection of the inland waterway vessel still valid;

c) Logbook of crew members.

2. Documents to be presented

a) Registration certificate of the inland waterway vessel (or certified copy by a financial institution in case the vessel is pledged or mortgaged);

b) License or certificate of professional competence of crew members or vessel operators;

c) Transport contract or warehouse exit invoice or goods transport document, passenger list.

3. The Harbor Authority or the Wharf Management Board shall issue a permit to enter the port or wharf within thirty minutes from the time of receiving all required documents. The permit to enter the port or wharf follows Model No. 14 of the Appendix issued together with this Circular.

4. Passenger-carrying vessels at river-crossing wharfs do not need to go through entry procedures; vessels carrying workers from shore to construction sites or factories must comply with laws on passenger transportation and provide a list of workers for each trip.

1. Before leaving the port or wharf, the master or mate or vessel operator shall be responsible for presenting the original copies of the following documents to the Harbor Authority or the Wharf Management Board:

a) Transport contract or warehouse exit invoice or goods transport document (for cargo-carrying vessels) or passenger list (for passenger-carrying vessels);

b) Proof of payment of fees, charges, fines, or settlement of debts as prescribed by law;

c) Relevant documents concerning changes compared to those specified in point a, Clause 1 of this Article (if any).

2. The Harbor Authority or the Wharf Management Board shall issue a permit to leave the port or wharf within thirty minutes from the time of receiving all required documents. The permit to leave the port or wharf follows Model No. 15 issued together with the Appendix of this Circular.

a) In the case where an inland waterway vessel has been granted a permit to leave the port or wharf but remains moored in the port or wharf waters for more than twenty-four hours, the master, mate, or vessel operator must return to the Harbor Authority office to reprocess the departure procedures for the vessel.

b) In the case where an inland waterway vessel enters the port or wharf and stays for up to seventy-two hours or the documents and materials when processing departure procedures from the port or wharf are unchanged from when it entered, only one set of departure procedures needs to be processed.

3. For vessels that enter and leave the port or wharf two or more times in a day, the Harbor Authority or the Wharf Management Board will only conduct an actual inspection once, and from the second time onwards in the same day, they will only check the safety conditions according to regulations.

4. For newly built or repaired vessels being launched for trial runs on inland waterways, the vessel owner or the new construction or repair facility owner must present the following documents to the Harbor Authority or the Wharf Management Board:

a) Inspection report from the survey confirming the vessel meets the conditions for long-distance trial runs;

b) Safety assurance plan during launching exceeding the protected channel width, approved by the direct management unit of the inland waterway route in the region.

5. Passenger-carrying vessels at river-crossing wharfs do not need to process departure procedures.

Organizations and individuals extracting sand, gravel, or other minerals on inland waterways, if using vessels or ships to transport sand, gravel, or other minerals, must issue a sales invoice for goods to the transport vehicle.

1. Foreign ships and inland waterway vessels when entering and leaving inland waterway ports shall follow the procedures prescribed by maritime laws for ships and vessels when entering and leaving seaports.

2. For Cambodian inland waterway vessels entering and leaving Vietnamese inland waterway ports, in addition to the documents required to be submitted and presented according to Articles 15 and 16 issued together with this Circular, they must also submit and present the Cross-Border Water Transport Permit issued by the competent authority.

When ships and inland waterway vessels enter and leave a maritime area within the port waters, they only need to complete the entry and exit procedures once. Ships and inland waterway vessels do not need to complete procedures when moving between inland waterway ports and wharves, seaports, and marine bridges (collectively referred to as ports and wharves) within a maritime area. Entry and exit procedures are carried out at the first and last ports and wharves where the ships and inland waterway vessels enter and leave.

Section 2
LIGHTHOUSE SERVICES REGIME

Foreign inland waterway vessels operating on inland waterways or entering and leaving inland waterway ports must have compulsory pilotage services. Vietnamese inland waterway vessels and ships when entering and leaving domestic ports may request pilotage services if deemed necessary. Pilotage services shall be provided by marine pilots.

1. Except in urgent cases requiring pilotage services to prevent accidents, requests for pilotage services must be notified to the Port Authority and relevant pilot organizations at least six hours before the expected time of boarding the pilot.

2. If after requesting pilotage services there is a change in the boarding time or cancellation of the request, such changes must be reported to the Port Authority and relevant pilot organizations at least three hours before the expected time of boarding the pilot.

3. The pilot has the responsibility to wait at the agreed location for no more than four hours from the expected time of boarding the pilot onto the vessel. If this period is exceeded, the request for pilotage will be considered canceled, and the ship captain must pay the waiting fee for the pilot according to regulations.

4. Within one hour of receiving a request for pilotage services, the pilot organization must confirm back to the Port Authority, ship owner, or ship owner's agent about the expected location and time of the pilot boarding the vessel. If the pilot boards the vessel later than the confirmed time and at a different location, causing the vessel to wait or move to another location, the pilot organization must pay the waiting fee for the vessel according to regulations.

Chapter V
RESPONSIBILITIES OF PORT AND WHARF OWNERS, SEAFARERS,
VESSEL OPERATORS, AND OTHER ORGANIZATIONS AND INDIVIDUALS
ACTING AT INLAND WATERWAY PORTS AND WHARVES

During the operation of ports and inland waterway wharfs, port and wharf owners must comply with the following regulations:

1. Maintain the operational status of the port, wharf, and mooring equipment according to the design ensuring safety; maintain inland waterway navigation signals in accordance with the rules for inland waterway navigation signals.

2. Develop operational rules for the port and inland waterway wharf; for passenger ports and wharfs, there must be a posted fare schedule. The operational rules and fare schedules must be clear and placed in convenient locations.

3. Provide lighting when operating at night; for passenger ports and wharfs, there must be waiting areas for passengers.

4. Firefighting equipment must meet the quantity and quality requirements stipulated by law and must be positioned conveniently for use.

5. Loading and unloading equipment must meet technical safety standards and be suitable for the structure and load-bearing capacity of the facility. Personnel controlling loading and unloading equipment must hold certificates as required by law.

6. The channel leading to the port and inland waterway wharf (if applicable) must be consistent with the technical grade of the inland waterway channel as prescribed and must be regularly inspected and surveyed to ensure compliance with the technical grade of the inland waterway channel in the area.

7. For inland waterway ports receiving foreign watercraft, security plans for inland waterway ports and security assessments of such ports by competent authorities must be established.

8. Ensure sufficient personnel for managing and operating the port and wharf to maintain order and safety.

9. In cases where the port or wharf is leased, a contract must be signed with the port or wharf operator in accordance with the provisions of the law and all obligations under the signed contract must be fulfilled.

10. Upon cessation of operations, the port owner must notify the authority that has announced the port or issued the permit for the wharf to issue a decision to suspend the operation of the port or wharf.

11. Do not load cargo or embark/disembark passengers from vessels that do not meet technical safety standards or lack the required documentation; do not load cargo exceeding permitted dimensions or weight limits or accept more passengers than allowed; fully comply with legal regulations regarding the handling of dangerous goods.

12. Participate in rescue efforts for people, cargo, and vessels when accidents occur; report and cooperate with competent authorities to address and mitigate the consequences of accidents and environmental pollution (if any); follow the dispatch of the Port Office or Wharf Management Board in rescue operations within the port and wharf waters and in flood and storm prevention.

13. Create favorable working conditions and cooperate with the Port Office or Wharf Management Board to ensure traffic order and safety within the port and wharf waters.

1. May only moor vessels at locations designated by the Port Office or Wharf Management Board and may not change positions arbitrarily.

2. Comply with port and wharf rules and regulations on flood and storm prevention; obey orders from the Port Office or Wharf Management Board in emergency situations.

3. If the vessel drifts or changes anchorage due to external factors, appropriate measures must be taken immediately and reported to the Port Office or Wharf Management Board.

4. Once safely anchored at designated locations, the captain must assign crew members to duty shifts to maintain machinery, lifesaving and firefighting equipment, and main engines of the vessel in a state of readiness to handle drifting, broken ropes, grounding, and other incidents promptly.

5. If infectious diseases are found among persons, animals, or plants on board a watercraft, the captain or vessel operator must immediately report to the Port Office or Wharf Management Board and relevant authorities and anchor the vessel in a separate area for appropriate handling.

6. During cargo handling or passenger embarkation/disembarkation, necessary safety conditions must be checked and prepared; if unsafe signs are detected, the captain or vessel operator must immediately halt operations to implement corrective measures.

7. Foreign watercraft must fly the flag of the Socialist Republic of Vietnam at the highest mast from sunrise to sunset; if wishing to fly ceremonial flags, mourning flags, or sound horns during national ceremonies, prior notice must be given to the Port Office.

8. May not enter the port or wharf for cargo handling or passenger embarkation/disembarkation without a permit; may not use arbitrary signals; may not obstruct or make it difficult for public officials or crew members of other vessels passing through.

9. Captains, crew members, vessel operators, and passengers have the responsibility to protect the environment in port and wharf waters. Discharging dirty water, dumping waste, oil compounds, or other toxic substances into port and wharf waters is prohibited.

1. Comply with regulations on ensuring traffic order and safety and environmental protection in port and inland waterway wharf waters.

3. When surveying, constructing works, or salvaging sunken vessels, they must have safety measures approved by the port and wharf operators and the Port Authority or Wharf Management Board.

3. Before conducting surveys, construction works, dredging, salvage of obstructions, or performing other tasks within port and inland waterway wharf waters, approval from the port owner, wharf owner, Port Management Office, or Wharf Management Board for the safety assurance plan for activities at the port and inland waterway wharf must be obtained.

Article 26. Responsibilities of Department of Transport

Article 27. Responsibilities of Vietnam Inland Waterways Administration

1. Rescuing people and vessels involved in accidents occurring in port and inland waterway wharf waters is a mandatory obligation for ship captains, vessel drivers, and organizations and individuals operating at ports and wharfs.

2. Upon discovering an accident or potential accident, the captain or driver of the affected vessel must immediately send distress signals as prescribed and take immediate measures to rescue people and property while reporting to the Port Management Office or Wharf Management Board for timely handling.

3. The Port Management Office has the right to mobilize all forces and equipment of the port, wharf, and available vessels in the area to rescue people, property, and affected vessels. Organizations and individuals related have the obligation to comply with the mobilization orders of the Port Management Office or Wharf Management Board to rescue people, property, and affected vessels.

4. In cases where a vessel sinks, after rescuing people and property, the captain or driver of the sunken vessel must set warning signals as prescribed and immediately report to the vessel owner to initiate salvage operations. The vessel owner must organize salvage within the prescribed time limit and only proceed after obtaining approval from the Port Management Office or Wharf Management Board for traffic safety measures.

5. In cases where a vessel sinks in port or wharf waters, the handling of sunken vessels and property shall be carried out in accordance with government regulations.

Chapter VI
IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Circular takes effect from January 1, 2015. Circular No. 25/2010/TT-BGTVT dated August 31, 2010, issued by the Minister of Transport on the management of port and inland waterway wharf activities is abolished.

Article 30. Transitional Provisions

Decisions announcing inland waterway ports and operating permits for inland waterway wharfs issued in accordance with Decision No. 07/2005/QĐ-BGTVT dated January 7, 2005, promulgating the Regulations on the Management of Port and Inland Waterway Wharf Activities by the Minister of Transport and Circular No. 25/2010/TT-BGTVT dated August 31, 2010, issued by the Minister of Transport on the management of port and inland waterway wharf activities remain valid until the expiration date stated in the decision or permit. When expired, organizations and individuals must reapply for announcement or issuance of operating permits in accordance with this Circular.

Article 31. Implementation Organization

1. Vietnam Inland Waterways Administration organizes the implementation and inspection of the implementation of this Circular.

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