Decision No. 57/2005/QĐ-BGTVT on the organization and operation of Maritime Port Control Units

DECISION OF THE MINISTER OF TRANSPORT

Regarding the organization and operation of the Maritime Port Control

THE MINISTER OF TRANSPORTATION

BASED ON THE VIETNAM MARITIME CODE dated June 14, 2005;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Cadre and Civil Servant Department and the Director of the Vietnam Maritime Administration,

DECISION:

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates the organization and operation of the Maritime Port Control.

2. This Decision applies to agencies, organizations, and individuals related to the organization and operation of the Maritime Port Control.

Article 2. Position and Functions of the Maritime Port Control

1. The Maritime Port Control is under the Vietnam Maritime Administration, serving as the agency implementing state management functions over maritime affairs at seaports and areas determined by the Minister of Transport.

2. The Maritime Port Control has legal personality, may use its own seal, open accounts at the State Treasury, and its trading name in English is Maritime Administration of (...), abbreviated as MA + specific name of the Maritime Port Control.

Article 3. Principles of Organization and Operation of the Maritime Port Control

1. One seaport shall be managed by one Maritime Port Control for state management functions over maritime affairs.

2. One Maritime Port Control may manage state functions at one or more seaports and areas.

3. The Minister of Transport decides on the establishment and dissolution of the Maritime Port Control based on the proposal of the Director of the Vietnam Maritime Administration.

4. The organization and operation of the Maritime Port Control must comply with the provisions of this Decision, the Vietnam Maritime Code, other relevant laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member.

5. Staff members of the Maritime Port Control must fulfill their assigned tasks and powers. When performing official duties, they must wear uniforms as prescribed.

Article 4. Tasks and Powers of the Maritime Port Control

In addition to carrying out tasks and powers as prescribed by the Vietnam Maritime Code, the Maritime Port Control also has the following tasks and powers:

1. To develop and submit to the Director of the Vietnam Maritime Administration for approval financial plans and organizational implementation plans that have been approved.

2. To develop and submit to the Director of the Vietnam Maritime Administration for submission to the Minister of Transport for approval staffing plans; implement recruitment, utilization, and management of staff according to the Civil Servants Ordinance; organize professional training for staff under their management.

3. To disseminate, popularize, and supervise the enforcement of laws on maritime affairs.

4. To carry out leasing and management of port infrastructure constructed with state budget funds or derived from state budgets, upon authorization by competent state authorities.

5. To manage assets and finances in accordance with the law; implement statistical systems, reporting, and perform other tasks and powers as prescribed.

6. To directly engage with domestic and foreign organizations and individuals to execute assigned functions and tasks.

Article 5. Organization of the Maritime Port Control

1. The organizational structure of the Maritime Port Control includes:

a) Legal Affairs Office;

b) Safety and Marine Inspection Office;

c) Organization and Administrative Office;

d) Financial Office;

e) Ship Registration and Seafarer Office, and Representative of the Maritime Port Control (if any).

2. The Director of the Vietnam Maritime Administration bases on the provisions of Clause 1 of this Article and actual requirements to define the organizational structure of each office and representative of the Maritime Port Control. The Director of the Maritime Port Control defines the functions, tasks, and powers of each office and representative after obtaining the consent of the Director of the Vietnam Maritime Administration.

3. The Maritime Port Control is led by a Director, assisted by several Deputy Directors. The Director is appointed and relieved of duty by the Director of the Vietnam Maritime Administration. Deputy Directors are appointed and relieved of duty by the Director of the Vietnam Maritime Administration based on the recommendation of the Director. The Chief Accountant and Head of the Representative of the Maritime Port Control are appointed and relieved of duty by the Director of the Vietnam Maritime Administration based on the recommendation of the Director. Heads of other business departments are appointed and relieved of duty by the Director.

Article 6. Operating funds of the Maritime Port Office

The operating funds of the Maritime Port Office shall be allocated from maritime fee revenues, maritime charges, and other sources of income as prescribed by the Minister of Finance.

Article 7. Effective Date

This Decision shall take effect from January 1, 2006.

Article 8. Responsibilities for implementation.

1. The Director of the Vietnam Maritime Administration shall be responsible for organizing the implementation of this Decision.

2. The Heads of the Office, Department Heads, Inspector General, Directors of the Vietnam Maritime Administration, Directors of the Maritime Port Office, Heads of agencies, organizations, and individuals related to this matter shall be responsible for implementing this Decision./.