Circular No. 56/2022/TT-BCA stipulates the management of port and inland waterway wharf activities by the People's Public Security Force.

CIRCULAR

Regulations on the management of inland waterway port and wharf activities by the People's Public Security Forces

Pursuant to Decree No. 37/2019/NĐ-CP dated May 7, 2019 detailing certain provisions of the Law on Planning;

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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;

Pursuant to the Planning Law dated November 24, 2017;

On the basis of Decree No. 01/2018/ND-CP dated August 6, 2018 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 56/2019/NĐ-CP dated June 24, 2019 detailing implementation of certain provisions related to the transport sector in the Law amending and supplementing certain articles of 37 relevant laws on planning;

Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021 on the management of inland waterway activities;

The Minister of Public Security promulgates this Circular on the management of inland waterway port and wharf activities by the People's Public Security Forces.

At the proposal of the Director of the Traffic Police Corps;

This Circular stipulates principles, contents, conditions for operation; announcement, reannouncement, extension, closure, and suspension of operations of inland waterway ports and wharfs of the People's Public Security Forces; responsibilities of agencies and units managing ports and wharfs and activities of persons and vessels within ports, wharfs, and inland waterway port and wharf areas of the People's Public Security Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Public security units and localities assigned to manage and use the People's Public Security Forces' ports and wharfs.

Article 2. Applicability

2. Agencies, organizations, and individuals related to the activities of the People's Public Security Forces' ports and wharfs.

1. Inland waterway port of the People's Public Security Forces (hereinafter referred to as the People's Public Security Forces' port) is a dedicated port comprising a system of hydraulic works and land structures built with infrastructure and equipment installed to receive and moor vessels for patrol, inspection, flood prevention, rescue, and violation handling; loading and unloading goods, evidence, and other vessels serving national security protection and traffic safety and social order maintenance tasks on inland waterways of the People's Public Security Forces. The People's Public Security Forces' inland waterway port includes the port area and the port water area.

Article 3. Explanation of Terms

2. Inland waterway wharf of the People's Public Security Forces (hereinafter referred to as the People's Public Security Forces' wharf) is a dedicated wharf, an independent structure of small scale, including the land and water areas before the wharf constructed and equipped with facilities to receive and moor inland waterway vessels for patrol, inspection, flood prevention, rescue, and violation handling; loading and unloading goods, evidence, and other vessels serving national security protection and traffic safety and social order maintenance tasks on inland waterways of the People's Public Security Forces.

3. Units using the People's Public Security Forces' ports and wharfs are units assigned the direct operational and exploitation tasks of the People's Public Security Forces' ports and wharfs.

Article 4. Principles of managing the activities of the People's Public Security Forces' ports and wharfs

1. Compliance with the provisions of this Circular and other relevant laws.

2. Ensuring the purpose, requirements, safety, effectiveness, and contributing to national security protection and maintaining public order and social safety.

3. Applying science and technology in the management of the activities of the People's Public Security Forces' ports and wharfs.

Article 5. Contents of managing the activities of the People's Public Security Forces' ports and wharfs

1. Announcing, reannouncing, extending, closing, or suspending the operations of the People's Public Security Forces' ports and wharfs; issuing operational regulations and other relevant regulations concerning the management and use of the People's Public Security Forces' ports and wharfs.

2. Managing the entry, exit, mooring of vessels, and other activities of organizations, individuals, and vessels within the People's Public Security Forces' ports and wharfs and their water areas.

2. Management of the activities of entry, exit, mooring of vessels, and other activities of organizations, individuals, and inland waterway vessels within the ports and wharves under the People's Public Security and the waters of such ports and wharves.

Article 6. Forms to be used in port and inland waterway wharf management activities of the People's Public Security

The forms to be used in the management work of ports and inland waterway wharfs of the People's Public Security, as attached to this Circular, include:

1. Application form for announcing, re-announcing, extending operations of ports and inland waterway wharfs of the People's Public Security (Form No. 01);

2. Decision on matters concerning (announcing, re-announcing, extending, closing, temporarily suspending, issuing internal regulations) operations of ports and inland waterway wharfs of the People's Public Security (Form No. 02);

3. Record book for managing operations of ports and inland waterway wharfs of the People's Public Security (Form No. 03).

Chapter II

SPECIFIC PROVISIONS

Article 7. Conditions for operating ports and inland waterway wharfs of the People's Public Security

1. Compliance with the planning of inland waterway transportation infrastructure.

2. Ensuring fire prevention and firefighting, environmental protection; meeting national security protection requirements, maintaining public order and social safety along the route, in the area, and other provisions stipulated in this Circular.

3. Meeting national technical standards and technical regulations of the Ministry of Public Security regarding domestic ports and wharfs performing security tasks for the People's Public Security forces - Classification and design requirements.

4. Ports and inland waterway wharfs must be announced for operation by competent authorities in accordance with regulations when they operate.

Article 8. Authority to announce, re-announce, extend, close, or temporarily suspend operations of ports and inland waterway wharfs of the People's Public Security

1. The Director of the Traffic Police Corps has the authority:

a) To announce, re-announce, or extend operations of ports and inland waterway wharfs of the People's Public Security for units under the Ministry of Public Security;

b) To decide to close or temporarily suspend operations of ports and inland waterway wharfs of the People's Public Security within the announced authority.

2. The Director of the Public Security Department of provinces and centrally-administered cities has the authority:

a) To announce, re-announce, or extend operations of ports and inland waterway wharfs of the People's Public Security under their management.

b) To decide to close or temporarily suspend operations of ports and inland waterway wharfs of the People's Public Security within the announced authority.

Article 9. Documents for Announcing Operations of Ports and Inland Waterway Wharfs of the People's Public Security

1. Documents for requesting announcement of port operations include:

a) Application form according to Form No. 01 issued together with this Circular;

b) Copy of the Decision approving the investment proposal;

c) Copy of the Land Use Right Certificate or land use contract in accordance with the law or approval document from the competent authority allowing land use, accompanied by a plot plan;

d) Copy of the decision approving the project or technical design documents of the port construction project or the approved economic-technical report on the construction of the port;

đ) Copy of the completion acceptance record of the construction project put into use; completed as-built drawings of the plan view, elevation view, and cross-section of the People's Public Security port construction project;

e) Copy of the Technical Safety and Environmental Protection Certificate of pontoon or mooring buoy which must be inspected (if used as a pier);

g) Copy of the document confirming the water area; completion of installation of port signals and clearance of obstacles;

h) Copy of the document approving the fire prevention and firefighting inspection results.

2. Documents for requesting announcement of wharf operations include:

a) Application form according to Form No. 01 issued together with this Circular;

b) Copy of the Decision approving the investment proposal;

c) Copy of the Land Use Right Certificate or land use contract in accordance with the law or approval document from the competent authority allowing land use, accompanied by a plot plan;

d) Copy of the Decision approving the economic-technical report on the construction of the wharf or the approved exploitation plan of the wharf;

đ) Copy of the Technical Safety and Environmental Protection Certificate of floating structures, vessels, pontoon, or mooring buoy which must be inspected (if used as a wharf bridge or buoy wharf);

e) Copy of the completion acceptance record of the construction project, completed as-built drawings of the plan view, elevation view, and cross-section of the wharf construction project;

g) Copy of the document confirming the water area; completion of installation of inland waterway wharf signals and clearance of obstacles.

Article 10. Reannouncement and Extension of Operation of People's Public Security Ports and Wharfs

1. Reannouncement and extension of operation of People's Public Security ports and wharfs shall be carried out in the following cases:

a) Change in scale or function of the port or wharf;

b) Change in land or water area of the port or wharf;

c) Change in management or usage unit of the port or wharf;

d) Upon expiration of the operation period recorded in the announcement decision, if there is a need to continue exploitation and it is approved by the competent authority for extension (land use period, inspection period of floating structures, vessels, floating buoys, mooring buoys), then the operation may be extended. Within ten working days from the date of change, the management or usage unit of the port or wharf must submit the application file for reannouncement in accordance with the regulations.

2. The reannouncement application file for operation of People's Public Security ports and wharfs includes:

a) Application form according to Form No. 01 issued together with this Circular;

b) Documents as stipulated at points b, d, đ, e, g, h, Clause 1, Article 9 of this Circular for parts related to changes in scale, function, and construction structure of People's Public Security ports;

c) Documents as stipulated at points b, d, đ, e, g, Clause 2, Article 9 of this Circular for parts related to changes in scale, function, and construction structure of People's Public Security wharfs;

d) A copy of the document issued by the competent authority regarding the change in land or water area (for the case stipulated at point b, Clause 1 of this Article);

đ) A copy of the document proving the change in management or usage unit of the port or wharf (for the case stipulated at point c, Clause 1 of this Article).

3. The extension application file for operation of People's Public Security ports and wharfs includes:

a) Application form according to Form No. 01 issued together with this Circular;

b) A copy of the relevant documents concerning land for constructing People's Public Security ports and wharfs or certificates of technical safety and environmental protection of floating structures, vessels, floating buoys, mooring buoys that have been extended their usage period by the competent authority.

Article 11. Closure and Suspension of Operation of People's Public Security Ports and Wharfs

1. Closure of operation of People's Public Security ports and wharfs shall be carried out in the following cases:

a) When geographical and hydrological conditions change, failing to ensure safety for the operation of People's Public Security ports and wharfs according to the written notification of the specialized state management agency;

b) When there is a requirement for clearance or cessation of operation by the competent state management agency;

c) When the usage unit no longer has the need and has received approval from the competent authority through a written request;

d) At the proposal of the state agency with authority related to national defense and security.

2. Suspension of operation of People's Public Security ports and wharfs shall be carried out when one of the following situations occurs:

a) Construction works, vessels, technical equipment encounter accidents posing a risk of safety loss, affecting adjacent structures, public environment;

b) Construction works, vessels, technical equipment have exceeded their usage period;

c) At the proposal of the state agency with authority related to national defense and security or violation of regulations on managing the operation of People's Public Security ports and wharfs.

3. The file includes: A written request from the usage unit of People's Public Security ports and wharfs detailing the reasons (with supporting documents) for closure or suspension of operation.

Article 12. Procedures and Formalities for Announcing, Reannouncing, Extending, Closing, and Suspending Operation of People's Public Security Ports and Wharfs

1. The usage unit of the port or wharf completes the application file for announcing, reannouncing, extending, closing, or suspending operation of People's Public Security ports and wharfs, submits directly or via the postal service of the police agency to the authority specified in Article 8 of this Circular.

2. The staff receiving the file checks and compares the conditions as prescribed.

a) In case the file is incomplete, specific and detailed guidance will be provided once;

b) In case the file is complete, the staff receiving the file drafts the Decision according to Model 02 issued together with this Circular; reports to the leadership, presents to the competent authority for approval and signature; delivers the result and records in the Register for Managing the Operation of People's Public Security Ports and Wharfs (Model 03 issued together with this Circular);

c) In case the file is not accepted or approved, the receiving agency must respond in writing and specify the reasons.

3. Within ten working days from the date of receipt of a valid file, the Director of the Traffic Police Corps, the Provincial Police Chief, or the Chief of the Central City Police shall issue a decision to announce, reannounce, extend, close, or suspend the operation of People's Public Security ports and wharfs within their jurisdiction.

4. The validity period of the decision to announce the operation of People's Public Security ports and wharfs shall not exceed the land use period for building the port or wharf or the operation period of the project recorded in the investment certificate issued by the competent authority; the quality of the port and wharf reinforcement works and the mission of People's Public Security ports and wharfs.

5. The decision to suspend the operation of People's Public Security ports and wharfs must clearly state the suspension period. After the suspension period stated in the above decision expires, the People's Public Security ports and wharfs shall resume operation as prescribed.

Article 13. Records for managing the operation of People's Public Security Ports and Wharfs

1. The records for announcing, re-announcing, extending, closing, temporarily suspending the operation of People's Public Security Ports and Wharfs shall be stored at the authority's office as stipulated in Article 8 of this Circular and at the units using such ports and wharfs, including:

a) The records as prescribed in Article 9; Clause 2, Clause 3 of Article 10; Clause 3 of Article 11 of this Circular;

b) Decisions on announcing, re-announcing, extending, closing, temporarily suspending, and issuing operational regulations for People's Public Security Ports and Wharfs;

c) Registers of People's Public Security Ports and Wharfs to be kept at the authority's office as stipulated in Article 8 of this Circular.

2. The management and use of records for the operation of People's Public Security Ports and Wharfs shall be carried out in accordance with the regulations on the management and use of records and documents within the People's Public Security and this Circular.

Article 14. Entering, exiting, mooring in the waters of People's Public Security Ports and Wharfs

1. Watercraft of the People's Public Security entering, exiting, or mooring in the waters of People's Public Security Ports and Wharfs must comply with the command and control of the unit directly assigned to use such ports and wharfs.

2. Watercraft not belonging to the People's Public Security forces may only enter, exit, or moor in the waters of People's Public Security Ports and Wharfs under one of the following circumstances:

a) Vessels temporarily detained by authorized authorities;

b) Vessels requested for inspection or handling by competent authorities;

c) Vessels encountering urgent emergencies;

d) Vessels seeking shelter from storms, typhoons, floods;

đ) Vessels of organizations, entities, or individuals visiting, working, or conducting official business with People's Public Security units;

e) Vessels carrying persons reporting incidents related to security and public order;

g) Vessels serving rescue operations;

h) Other cases determined by authorized authorities as stipulated in Article 8 of this Circular based on reports and proposals from units using People's Public Security Ports and Wharfs.

3. When entering, exiting, or mooring in the waters of People's Public Security Ports and Wharfs, watercraft as specified in Clause 2 of this Article must comply with the following provisions:

a) Must obtain written approval from the leadership of the unit using People's Public Security Ports and Wharfs, except for vessels carrying persons reporting incidents related to security and public order or encountering urgent emergencies but must be accepted by the duty officer of the unit using the port and approved by the leadership of the unit;

b) Must comply with the regulations of People's Public Security Ports and Wharfs; traffic safety regulations, social order regulations on inland waterways; disaster prevention and mitigation regulations; fire prevention and firefighting, rescue and salvage regulations, and environmental protection regulations;

c) Must follow the command and control of the leadership of the unit using People's Public Security Ports and Wharfs;

d) Must self-manage goods and vessels, and bear responsibility for the safety conditions of people and vessels.

Article 15. Handling Accidents and Emergencies in the Waters of People's Public Security Ports and Wharfs

1. Upon discovering accidents, emergencies, or potential accidents and emergencies, the master or driver of the vessel (or other crew members when the master is absent) must issue emergency signals as prescribed and immediately take measures to save lives and property while reporting to the unit managing and using People's Public Security Ports and Wharfs to promptly address the situation.

2. The unit assigned to use People's Public Security Ports and Wharfs has the right to mobilize all forces and equipment of People's Public Security Ports and Wharfs and surrounding areas to save lives, property, and vessels in distress. Organizations and individuals involved have the obligation to comply with the command and control of the unit managing People's Public Security Ports and Wharfs to save lives and vessels in distress. In cases where those mobilized suffer losses to life, health, or property, they will be handled according to the policies and compensation regulations provided by law.

3. In cases where vessels sink, the master or driver of the sunken vessel must set warning signals and report to the owner of the vessel to proceed with salvage operations as prescribed. If the owner of the vessel does not carry out the salvage operations, the unit assigned to manage and use People's Public Security Ports and Wharfs will organize the salvage operations, with all salvage costs borne by the owner of the vessel.

Article 16. Repairing, maintaining ports and wharfs of the People's Public Security; dredging, salvaging vessels and obstacles in port and wharf waters of the People's Public Security

1. Units using ports and wharfs of the People's Public Security shall carry out repairing and maintaining ports and wharfs; dredging, salvaging vessels and obstacles in port and wharf waters of the People's Public Security when meeting the following conditions:

a) Receiving written consent from the direct management unit of the ports and wharfs of the People's Public Security;

b) Having plans or designs approved by competent authorities in accordance with the law and safety assurance plans for other activities at ports and wharfs of the People's Public Security.

2. During the process of repairing and maintaining ports and wharfs of the People's Public Security, the implementing units must comply with regulations on traffic order and safety, environmental protection, fire prevention and fighting, rescue operations, and internal rules of ports and wharfs of the People's Public Security; comply with the mobilization of the port and wharf management unit when incidents, natural disasters, or accidents occur.

Article 17. Responsibilities of agencies and units in managing ports and wharfs of the People's Public Security

1. Responsibilities of the Construction Management and Barracks Administration Department

a) Inspecting and appraising the quality of projects to ensure compliance with national technical standards and Ministry of Public Security standards for inland ports and wharfs serving the security tasks of the People's Public Security force - Classifying and requiring design and other related legal documents on construction of ports and wharfs of the People's Public Security that have been approved;

b) Guiding public security units and localities on procedures for establishing and submitting investment project approval proposals; appraising feasibility studies for investment construction, economic and technical reports for investment construction, and post-design implementation design appraisals for ports and wharfs of the People's Public Security and maintenance, repair procedures to enhance the efficiency of use.

2. Responsibilities of the Traffic Police Department

a) Announcing, re-announcing, extending, closing, or temporarily suspending the operation of ports and wharfs of the People's Public Security within their authority;

b) Guiding public security units and localities on procedures for announcing, re-announcing, extending, closing, or temporarily suspending the operation of ports and wharfs of the People's Public Security;

c) Supervising and inspecting public security units and localities in managing the operation of ports and wharfs of the People's Public Security.

3. Responsibilities of provincial and centrally-administered city public security organs

a) Announcing, re-announcing, extending, closing, or temporarily suspending the operation of ports and wharfs of the People's Public Security within their authority;

b) Supervising, inspecting, and urging units to properly manage the operation of ports and wharfs of the People's Public Security within their authority. Regularly compiling lists every 12 months or when there are changes in ports and wharfs of the People's Public Security and sending them to the Traffic Police Department for monitoring.

4. Responsibilities of units using ports and wharfs of the People's Public Security

a) Completing application files for competent authorities to announce, re-announce, extend, close, or temporarily suspend the operation of ports and wharfs of the People's Public Security;

b) Maintaining the operational status of ports and wharfs and vessel mooring equipment according to safety design requirements; maintaining inland waterway navigation signals in accordance with inland waterway navigation signal rules in the port and wharf areas of the People's Public Security;

c) Establishing and practicing fire-fighting plans, rescue plans, disaster prevention plans, and proposing the management unit to issue internal operation rules for ports and wharfs of the People's Public Security;

d) Organizing and directing the operation of ports and wharfs of the People's Public Security. Not using ports and wharfs of the People's Public Security for other purposes without permission from competent authorities;

đ) Directing or reporting to competent authorities to address the consequences of traffic accidents, explosions, and environmental pollution;

g) Protecting the accident scene and cooperating in investigating and resolving inland waterway traffic accidents in port and wharf waters of the People's Public Security within their authority;

h) Guiding vessels entering and exiting, mooring in ports and wharfs of the People's Public Security to ensure order and safety;

i) Clearing obstacles in the water area of inland ports and wharfs (if any) and dismantling inland waterway navigation signals of ports and wharfs of the People's Public Security thirty days after the decision to close the port or wharf takes effect;

k) Reporting annually to competent authorities on the safety conditions of facilities and the operation of ports and wharfs of the People's Public Security under their management and use.

Chapter III

IMPLEMENTATION

Article 18. Effective Date

This Circular takes effect from January 15, 2023, and replaces Circular No. 58/2014/TT-BCA dated November 13, 2014, issued by the Minister of Public Security on the management of inland ports and wharfs of the People's Public Security force.

Article 19. Responsibility for Implementation

1. The Director of the Traffic Police Department is responsible for directing, supervising, guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security organs are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance.