Decree No. 57/2024/ND-CP On Management of Dredging Activities in Port Water Areas and Inland Waterways

DECREE

On managing dredging activities in port water areas and inland waterway water areas
And on managing dredging activities in port water areas and inland waterway water areas

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Environmental Protection Law dated November 17, 2020;

Pursuant to the Law on Marine Resources, Environment, and Islands dated June 25, 2015;

Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Public-Private Partnership Investment Law dated June 18, 2020;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

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;

At the proposal of the Minister of Transport;

The Government promulgates this Decree on managing dredging activities in port water areas and inland waterway water areas.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of dredging activities related to maritime infrastructure structures and inland waterway infrastructure structures in port water areas and inland waterway water areas.

Article 2. Applicability

This Decree applies to agencies, organizations, individuals of Vietnam and foreign countries involved in dredging activities of maritime infrastructure structures and inland waterway infrastructure structures in port water areas and inland waterway water areas.

Article 3. Explanation of Terms

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. Port water area is the water area limited to establish water areas before the port bridge, floating dock, turning area for ships, anchorage area, cargo transfer area, typhoon shelter, pilot reception area, quarantine area, shipping lane and other auxiliary works.

2. Inland waterway water area includes inland waterways, navigation channel protection zone, port water area, inland waterway wharf.

3. Dredging is a construction activity using mechanical and hydraulic equipment to remove dredged material from underwater, including maintenance dredging, basic dredging, and emergency dredging.

4. Basic dredging is the first-time dredging activity carried out to create new water areas meeting exploitation and utilization requirements or to implement investment upgrades and expansions of existing water areas.

5. Maintenance dredging is the dredging activity to maintain infrastructure works according to design parameters or standards published by competent authorities.

6. Quality-based maintenance dredging is the maintenance dredging activity contracted to maintain standards within a specified period.

7. Shipping lane dredging includes dredging of shipping lanes and turning areas associated with shipping lanes.

8. Emergency dredging is urgent work that must be carried out to immediately address or timely handle consequences caused by natural disasters, unexpected accidents, incidents blocking navigation channels, hindering maritime and inland waterway traffic, or other unforeseen events to ensure safe navigation and safety of works.

9. Dredged material is all material obtained from dredging activities.

10. Combined dredging and product recovery is dredging activity that recovers dredged material.

11. Recovered products are parts of dredged material recovered for use according to approved or approved purposes and needs by competent authorities.

12. AIS is the Automatic Identification System (AIS), consisting of basic components: AIS equipment, shore-based AIS station, and AIS data center.

Chapter II

MANAGEMENT OF DREDGING ACTIVITIES IN PORT WATER AREAS AND INLAND WATERWAY WATER AREAS

Article 4. Principles of dredging activities in port water areas and inland waterway water areas

1. Dredging activities must comply with the provisions of this Decree and relevant laws to ensure technical parameters of navigation channels, maritime safety, maritime security, inland waterway traffic safety, environmental pollution prevention, landslide prevention, protection of riverbeds, banks, beaches, water source protection zones, safety of dike and irrigation system structures, maritime infrastructure, inland waterway infrastructure, and other works, avoiding waste and loss of natural resources.

2. Dredging activities in port water areas and inland waterway water areas shall not be carried out during flood and storm seasons or during natural disasters that hinder the avoidance and sheltering of vessels.

3. Maintenance dredging of water areas before port wharves and bridges, port water areas, inland waterway wharfs, specialized navigation channels of organizations and individuals shall only be implemented after establishing and approving economic and technical reports in accordance with the Law on Construction, Chapter II of this Decree, and relevant regulations of specialized laws on maritime affairs, and regulations on repair and improvement of ports and inland waterway wharfs.

4. Dredging activities funded by public investment must comply with the provisions of the Law on Public Investment.

5. Encouragement and facilitation are provided for organizations and enterprises of all economic sectors to carry out dredging, maintenance, and development of infrastructure for shipping lanes and inland waterways, bearing responsibility for funding and investment effectiveness; Strengthening the role of organizations and enterprises in sharing investment and maintenance responsibilities for national shipping lane and inland waterway infrastructure as part of port development projects of organizations and enterprises.

6. Areas and locations receiving and disposing of dredged materials can accept all or part of the dredged materials from projects and works in the province and neighboring provinces.

Article 5. Requirements for dredging construction work and disposal of dredged materials

1. Prior to commencing dredging construction work, the Project Owner shall notify the implementation plan (time, progress, scale of the project, types and quantities of construction equipment, implementation form, areas, shore reception locations for dredged materials, offshore disposal sites) to specialized management agencies (Maritime Port Services Authority in the region, inland waterway management agency in the region), People's Committee of the province where the project is located, and install warning signs in the vicinity of the construction site. The project warning sign shall display information on the approving authority, project owner, investor, project management unit, supervising consultant organization, construction unit, project scale, construction progress, start time, completion time, funding source, implementation form, areas, shore reception locations for dredged materials, offshore disposal sites.

2. The Project Owner and investors of dredging projects in port waters and inland waterways are responsible for organizing supervision of construction work and disposal of dredged materials throughout the period from commencement to completion of dredging activities, including the following contents:

a) Closely monitor construction equipment and facilities to ensure compliance with the scope and design of the project.

b) Closely monitor the movement of transportation equipment and facilities, offshore disposal of dredged materials, and disposal of dredged materials at designated locations approved or consented by competent authorities.

c) Inspect and supervise the installation and operation of dredging monitoring equipment, organize management of monitoring data to meet management and inspection requirements.

d) Supervise construction work to ensure safety requirements, environmental protection, and other requirements stipulated by law.

3. Construction equipment, transportation equipment for dredged materials must be equipped with dredging monitoring devices and ensure operational conditions as prescribed by law.

4. Requirements for dredging monitoring equipment:

a) Dredging monitoring equipment installed on construction vessels: Automatic Identification System (AIS) device providing location information of the vessel through the shore-based AIS station to the AIS data center.

b) Dredging monitoring equipment installed on transportation and disposal vessels include: AIS device providing movement trajectory information of the vessel through the shore-based AIS station to the AIS data center; video recording device providing images of the cargo hold containing dredged materials from the point of receiving until the end of disposal at the designated location.

c) Dredging monitoring equipment must be installed in appropriate positions, securely fixed on construction and transportation vessels, facilitating full data and image recording, with measures to prevent data distortion (such as lead seals, tamper-proofing, etc.), ensuring continuous and stable operation during the entire construction period.

d) Monitoring equipment on construction and transportation vessels is the responsibility of the contractor to invest in. The shore-based AIS station and AIS data center are the responsibility of the Project Owner and Investor to invest in or lease services.

Article 6. Provisions on Environmental Protection Activities

Environmental protection activities of projects and works related to maritime infrastructure construction, inland waterway infrastructure within port waters and inland waterways shall be carried out in accordance with the provisions of the Law on Environmental Protection, the Law on Natural Resources, Environment of the Sea and Islands, and other relevant legal normative documents.

Article 7. Provisions on Areas and Locations for Receiving Dredged Materials

1. Procedures and Formalities for Announcing Areas and Locations for Receiving Dredged Materials on Land

a) Each year, the People's Committee of the province shall publish information about the need to seek areas and locations to receive dredged materials within its jurisdiction on its electronic information website and at its office.

b) Organizations and individuals having areas and locations for receiving dredged materials shall submit a proposal for receiving dredged materials directly or through the postal service or via the online public service system to the People's Committee of the province. The dossier includes: A request for receiving dredged materials according to the model prescribed in Appendix I attached to this Decree, a certified copy or an electronically certified copy from the original certificate of land use rights or documents permitting the use of land issued by competent authorities;

c) Within thirty days from the date of receipt of the complete dossier as stipulated in point b of this clause, the People's Committee of the province shall issue a written response to organizations and individuals regarding areas and locations that meet or do not meet the conditions for receiving dredged materials;

d) The People's Committee of the province shall compile and establish a list, announce areas and locations for receiving dredged materials on land, including areas and locations proposed by organizations and individuals and those managed by the state that meet the conditions for receiving dredged materials. This announcement must be promulgated in the form of a Decision and publicly posted on the electronic information website and at the office of the People's Committee of the province according to the model prescribed in Appendix II attached to this Decree.

2. Announcement of Areas and Locations for Submerging Dredged Materials in the Sea

The People's Committee of the province shall establish, announce, and publicly post a list of areas and locations for submerging dredged materials in the sea, including offshore areas beyond six nautical miles, on its electronic information website and at its office according to the model prescribed in Appendix II attached to this Decree.

3. Procedures and Formalities for Approving Areas and Locations for Receiving Dredged Materials on Land and Submerging in the Sea

a) Based on the list of areas and locations for receiving dredged materials on land and submerging dredged materials in the sea announced by the People's Committee of the province, the project investor shall submit a written request directly or through the postal service or via the online public service system to the People's Committee of the province to obtain approval for areas and locations for receiving dredged materials for the project or work. In cases where the People's Committee of the province has not yet published the list or the areas and locations for receiving dredged materials on land and submerging in the sea have been published but do not ensure the economic and technical factors of the project or work, the People's Committee of the province shall approve areas and locations for receiving dredged materials on land and submerging in the sea based on the investor's proposal.

b) Within thirty days, the People's Committee of the province must issue a written response regarding the approval of areas and locations for receiving dredged materials on land and submerging in the sea suitable for the project or work investor; if not approved, it must provide a written response stating the reasons.

c) The People's Committee of the province shall be responsible for notifying organizations and individuals having areas and locations for receiving dredged materials.

Article 8. Provisions on the management of dredged materials

1. In cases where dredged materials are discharged into areas or locations on land approved by the Provincial People's Committee, the project investor, construction entity, organization, or individual receiving the dredged materials shall not be required to comply with the provisions of laws on natural resources and minerals. After completion of the project, the investor shall be responsible for transferring the area or location receiving the dredged materials back to the Provincial People's Committee or organizations or individuals permitted by the Provincial People's Committee to manage and take measures to store or handle the dredged materials to ensure that they do not cause environmental pollution around the area. In cases where the transfer is made to organizations or individuals, the investor shall report to the Provincial People's Committee for management in accordance with regulations.

2. In cases where dredged materials are disposed of at sea, after the disposal period has ended, the investor shall be responsible for submitting reports on the implementation results of the disposal, monitoring, and environmental supervision of the project to the competent authority issuing the marine disposal permit and handing over the marine area.

Chapter III

DREDGING OF NATIONAL AND LOCAL INLAND WATERWAYS AND COMMUNAL NAVIGATION CHANNELS

Section 1

DREDGING FOR MAINTENANCE FROM THE STATE BUDGET

Article 9. Sources of funds for dredging maintenance of national inland waterways and communal navigation channels

Dredging maintenance of national communal navigation channels is a public service ensuring maritime safety, while dredging maintenance of national inland waterways is a public service managing and maintaining inland waterways, funded from the state budget through regular expenditure and other lawful sources.

Article 10. Allocation of organizational responsibilities

1. Agencies responsible for planning and budgeting:

a) The Ministry of Transport allocates plans and budgets for state funds for dredging maintenance of national communal navigation channels and national inland waterways;

b) The Provincial People's Committee allocates plans and budgets for state funds for dredging maintenance of local inland waterways and national inland waterways under their jurisdiction.

2. For projects involving dredging maintenance of national communal navigation channels and national inland waterways: The Director of the Vietnam Maritime Administration and the Director of the Vietnam Inland Waterway Administration shall fulfill the responsibilities of the investment decision-making authority as stipulated by construction laws; the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall exercise the rights of the investor as stipulated by construction laws.

3. For projects involving dredging maintenance of local inland waterways and national inland waterways managed by local authorities (hereinafter referred to as inland waterways managed by the Provincial People's Committee): The Provincial People's Committee shall exercise the rights of the investment decision-making authority and delegate tasks to subordinate agencies or units under the Provincial People's Committee to exercise the rights of the investor.

Article 11. Forms of Implementation

1. The forms of dredging maintenance of national communal navigation channels and national inland waterways using state budget funds include dredging based on actual volume and dredging based on actual quality.

2. The Ministry of Transport:

a) Deciding on the form of implementation for dredging maintenance of national communal navigation channels and national inland waterways;

b) Providing detailed regulations on dredging based on actual quality and emergency dredging.

3. The Provincial People's Committee decides on the form of implementation for dredging maintenance of inland waterways managed by the Provincial People's Committee.

Article 12. Implementation Procedures

For dredging and maintenance projects of public maritime channels and inland waterways using state budget funds, only an Economic and Technical Investment Construction Report needs to be prepared and implemented in accordance with the following steps:

1. Prepare the dredging and maintenance plan in accordance with Article 13 of this Decree.

2. Allocate the state budget expenditure estimate in accordance with Article 14 of this Decree.

3. Implement environmental protection procedures as prescribed.

4. Prepare, review, and approve the Economic and Technical Investment Construction Report in accordance with Article 15 of this Decree.

5. Organize the selection of contractors in accordance with Article 16 of this Decree.

6. Hand over the construction site, organize inspection, supervision, and construction management in accordance with Articles 17 and 18 of this Decree.

7. Acceptance, payment, and settlement of the project in accordance with Article 19 of this Decree.

8. Implement regulations on the management of dredged materials in accordance with Article 8 of this Decree.

Article 13. Preparation of Dredging and Maintenance Plan

1. The Ministry of Transport shall organize the preparation and approval of the dredging and maintenance plan for national public maritime channels and inland waterways under its management within the annual maintenance plan.

2. The People's Committee of the province shall organize the preparation and approval of the dredging and maintenance plan for provincial inland waterways under its management within the annual maintenance plan.

Article 14. Allocation of State Budget Expenditure Estimate

1. The Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall prepare the state budget expenditure estimate and submit it to the Ministry of Transport for consolidation of the state budget expenditure estimate in accordance with the regulations.

2. Based on the allocated state budget expenditure estimate, the Ministry of Transport shall allocate the state budget expenditure estimate to the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration.

3. The People's Committee of the province shall organize the allocation of expenditure estimates for dredging and maintenance projects of provincial inland waterways under its management.

4. The allocation of expenditure estimates for dredging and maintenance projects of public maritime channels and inland waterways shall be based on the approved maintenance plan for maritime works and inland waterways. It is not mandatory to have an Economic and Technical Investment Construction Report or a construction project budget approved by the competent authority.

Article 15. Preparation, Review, and Approval of the Economic and Technical Investment Construction Report

1. The preparation, review, and approval of the Economic and Technical Investment Construction Report shall comply with the laws on construction.

2. The construction drawings of the Economic and Technical Investment Construction Report shall be prepared based on the depth chart accompanying the latest maritime channel notice or inland waterway notice in the year of preparing the Economic and Technical Investment Construction Report, or through surveying and measuring. The designed dredging volume includes the calculated volume according to the technical standards and norms applicable to the work and the expected siltation volume from the time of the survey and measurement of the maritime notice or inland waterway notice to the time of the survey and measurement for handover of the construction site.

Article 16. Organization of Contractor Selection

The project owner shall organize the selection of contractors in accordance with the law. For the dredging and maintenance of national public maritime channels and inland waterways, the Directors of the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall fulfill the responsibilities of authorized persons in accordance with the law on bidding.

Article 17. Handing over the construction site

The project investor shall organize the survey and measurement work to determine the quantity of the construction site handover. The survey and measurement work for handing over the construction site shall be carried out at least 15 days before the start of dredging construction. The quantity of the construction site handover serves as the basis for determining the official contract value.

Article 18. Organizing inspection, supervision, and construction management

Inspection, supervision, and organization of construction management for maintenance dredging of public maritime channels and inland waterways shall be implemented in accordance with the provisions of Articles 4 and 5 of this Decree, guidelines issued by the Ministry of Transport, and relevant laws.

Article 19. Acceptance, payment, and settlement

1. The works of acceptance, payment, and settlement of the project shall be carried out based on the provisions of the signed contract, the actual volume of construction work accepted must comply with the scope and requirements of the design; applicable design, construction, and acceptance standards; consistent with the tender documents, construction contracts, regulations on cost management, construction contracts applicable to the project, and related laws.

2. The project investor shall organize the acceptance of construction phase works (if any) and complete the project for use according to regulations.

3. For dredging based on quality performance, the acceptance work shall be conducted as follows:

a) Organize the completion acceptance of the dredging project in phases corresponding to each construction phase (six months, one year).

b) Organize the completion acceptance of the dredging project upon completion of the contract implementation period.

c) The acceptance stipulated in points a and b of Clause 3 of this Article shall be based on the quality of the work performed (not determined based on the volume of dredging) and must be recorded in a Protocol.

Section 2

DREDGING OF MARITIME CHANNELS AND INLAND WATERWAYS FROM LEGAL SOURCES OTHER THAN THE STATE BUDGET

Article 20. Dredging of national maritime channels and inland waterways

1. Procedures for approving proposals to implement dredging of national maritime channels and inland waterways Organizations and enterprises that wish to self-implement dredging of national maritime channels and inland waterways (including basic dredging, maintenance dredging, and emergency dredging) using their own funds (without product recovery) shall submit directly or through postal services or online government service system one proposal document according to the Model prescribed in Appendix III attached to this Decree to the Ministry of Transport. Based on the approved national maritime channel and inland waterway infrastructure development strategy, plan, and capital mobilization solutions, and the ability to balance state budget funds for dredging, the Ministry of Transport will examine the file and issue an approval document within 15 days from the date of receipt of the proposal document from the organization or enterprise. In case of disapproval, the Ministry of Transport will issue a reply document to the organization or enterprise and clearly state the reasons.

2. During the implementation of the project, it must comply with the laws on maritime affairs, inland waterways, and related laws.

3. The procedures for implementing dredging shall be carried out in accordance with the provisions of Clauses 3, 4, 6, 7, and 8 of Article 12 of this Decree.

4. Inspection and supervision work shall be carried out in accordance with the provisions of Article 18 of this Decree.

5. After completing the dredging work, the organization or enterprise shall conduct the completion acceptance of the project and hand it over to the Ministry of Transport for management and use. For a channel serving only one port investor, the Ministry of Transport will consider approving the port enterprise to be responsible for annual maintenance dredging, ensuring the channel's standard dimensions and technical parameters published by the competent authority. If the organization or enterprise cannot ensure sufficient resources for annual maintenance dredging or does not continue with maintenance dredging, they must report to the Ministry of Transport to consider balancing state budget funds for annual maintenance dredging of the channel.

Article 21. Dredging of Local Inland Waterways

1. Procedures for approving proposals to implement dredging of local inland waterways. Organizations and enterprises that wish to self-implement dredging of local inland waterways (including basic dredging, maintenance dredging, and emergency dredging) using their own funds (without product recovery), shall submit directly or through postal services or via online public service system 01 (one) proposal document according to the Model prescribed in Appendix III issued together with this Decree to the People's Committee of the province. Based on the strategy, planning, plan, and capital mobilization solutions for developing local inland waterway infrastructure approved by competent authorities and the ability to balance state budget funds for dredging the channel, the People's Committee of the province will examine the dossier and issue an approval document within 15 (fifteen) days from the date of receipt of the organization's or enterprise's proposal document. If disapproval, the People's Committee of the province will issue a reply document to the organization or enterprise and clearly state the reasons.

2. The implementation process of the project must comply with the laws on inland waterways and related laws.

3. The procedures for implementing dredging shall be carried out in accordance with the provisions of Clauses 3, 4, 6, 7, and 8 of Article 12 of this Decree.

4. Inspection and supervision work shall be carried out in accordance with the provisions of Article 18 of this Decree.

5. After completing the dredging work, organizations and enterprises shall conduct the completion inspection of the project and hand it over to the People's Committee of the province for management and use. For channels serving only one port investor, the People's Committee of the province will consider and approve the enterprise operating the port to be responsible for annual maintenance dredging, ensuring the channel standards and technical parameters published by the competent authority. In cases where organizations and enterprises cannot ensure sufficient resources for maintenance dredging or continue maintenance dredging, they must report to the People's Committee of the province to consider balancing state budget funds for maintenance dredging of the channel.

Chapter IV

DREDGING COMBINED WITH PRODUCT RECOVERY

Article 22. Dredging Combined with Product Recovery

1. Dredging combined with product recovery for maritime infrastructure, inland waterway infrastructure in port areas, and inland waterway areas managed by the Ministry of Transport and the People's Committee of the province must be established as a project and implemented according to the provisions of this Chapter (hereinafter referred to as projects managed by the Ministry of Transport and the People's Committee of the province).

2. Dredging of waters before port berths, marine wharves; waters of ports, inland waterway terminals; dedicated channels with product recovery:

a) The project investor must organize the implementation in accordance with investment and construction laws and does not need to follow the procedures stipulated in Article 23 of this Decree.

b) The project investor must carry out geological surveys, take samples for analysis of the composition, physical and chemical properties of the dredged material according to regulations. For the recovered dredged material, it must be carried out in accordance with laws on natural resources and minerals.

3. There shall be no auctioning of the recovered dredged material specified in Clause 1 and Clause 2 of this Article.

4. As for the unrecovered dredged material of the projects specified in Clause 1 and Clause 2 of this Article, it shall be implemented according to Articles 7 and 8 of this Decree.

Article 23. Procedures for implementing projects

1. Establish and publish the list of projects in accordance with Articles 26 and 27 of this Decree.

a) The Ministry of Transport shall establish and publish the list of projects under its management.

b) Provincial People's Committees shall establish and publish the list of projects under their management.

2. Prepare, review feasibility study reports, and approve projects in accordance with Articles 28, 29, 30, and 31 of this Decree.

3. Select investors and conclude project contracts in accordance with Articles 32, 33, 34, and 35 of this Decree.

4. Implement project contracts, hand over projects, audit, and settle accounts for investment capital in accordance with Articles 36, 37, 38, 39, 40, and 41 of this Decree.

Article 24. Competent authority to implement projects

1. For projects listed by the Ministry of Transport.

a) In cases where the project is within the territory of one province or centrally governed city, the People's Committee of that province or city shall be the competent authority to implement the project.

b) For projects spanning two or more provinces or centrally governed cities, the Ministry of Transport shall seek opinions from the People's Committees of the relevant provinces or cities to decide on one People's Committee as the competent authority to implement the project based on the following criteria: capacity and resources to implement the project; economic and social efficiency; the locality has ports or wharfs capable of receiving vessels with the declared tonnage according to the standards and technical specifications of the waterway after completion of the project.

2. Provincial People's Committees shall be the competent authorities to implement projects listed by provincial People's Committees.

3. The competent authority to implement projects shall be responsible for organizing the implementation of Clause 2, 3, and 4 of Article 23 of this Decree.

Article 25. Project Costs

1. Project costs as prescribed by construction laws, environmental protection laws, and related laws include:

a) Costs for preparing, reviewing (if applicable), and approving feasibility study reports, and project approval;

b) Costs for preparing, reviewing, and approving environmental impact assessment reports, permits for marine disposal, or environmental permits or environmental registration as prescribed by environmental laws and related regulations;

c) Costs for organizing investor selection;

d) Costs for activities of competent state agencies, representatives of competent state agencies, and project management organizations; auditing costs for final settlement reports of investment capital;

đ) Costs for hiring consultants to support the implementation of certain activities within the responsibility of the project management agency;

e) Costs for organizing meetings, seminars, contract negotiations for project contracts and related contracts;

g) Dredging costs;

h) Investment and construction consulting costs and other costs related to the project.

2. The costs prescribed in Clause 1 of this Article shall be allocated from the following sources:

a) Costs at point a and b of Clause 1 of this Article shall be sourced from the enterprise proposing to prepare the feasibility study report for the project. Local government regular budget funds included in the annual plan of the locality implementing the project shall be used if there is no enterprise proposing to prepare the feasibility study report for the project;

b) Costs at point c of Clause 1 of this Article shall be sourced from the local government regular budget funds for implementing the project, and revenue from selling tender documents for selecting investors (if applicable);

c) If an investor is selected to implement the project, the costs at points a, b, and c of Clause 1 of this Article shall be sourced from the capital provided by the selected investor to repay the actual project implementation costs approved by the competent authority. Repayment by the investor shall be carried out as follows: For costs at points a and b of Clause 1 of this Article: If the enterprise proposing to prepare the feasibility study report for the project is also the selected investor, no repayment is required; if the enterprise proposing to prepare the feasibility study report for the project is not the selected investor, the selected investor shall repay the proposing enterprise under the supervision of the competent authority to implement the project; if the competent authority to implement the project organizes the preparation of the feasibility study report, the selected investor shall repay through payment to the local government budget for implementing the project. For costs at point c of Clause 1 of this Article: the selected investor shall repay through payment to the local government budget for implementing the project;

d) Costs at points d, đ, e, g, and h of Clause 1 of this Article shall be sourced from the capital provided by the selected investor to implement the project.

3. Agencies and units assigned by the provincial People's Committee to implement the project shall submit cost estimates at points a, b, and c of Clause 1 of this Article to the provincial People's Committee for consolidation into the local government budget estimate in accordance with regulations.

Article 26. Establishing the Project List

1. For projects as stipulated in Clause 1, Article 24 of this Decree: In the first quarter of each year, the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall organize the establishment of the project list for the following year to submit to the Ministry of Transport for examination and solicitation of opinions from the People's Committees of relevant provinces and publication of the project list.

2. For projects as stipulated in Clause 2, Article 24 of this Decree: In the first quarter of each year, the People's Committee of the province shall organize the establishment and publication of the project list for the following year.

3. Conditions for selecting projects to be included in the list:

a) The necessity of investment;

b) Not overlapping with dredging projects that have been decided on investment orientation or approved project decisions or maintenance projects of maritime works and inland waterways using state budget funds annually which have been approved in the maintenance plan;

c) Having advantages over other forms of investment.

4. Cases for removing projects from the list:

a) Unfeasible projects;

b) For projects not using state budget funds to pay the difference to investors or dredging maintenance projects using regular expenditure funds to pay the difference to investors: not approving the project within one year from the date of publication of the project list for projects where the investor prepares the feasibility study report; two years from the date of publication of the project list for projects where the provincial People's Committee organizes the preparation of the feasibility study report;

c) For basic dredging projects using state budget funds to pay the difference to investors: failing to complete the preparation and review of the feasibility study report within one year from the date of publication of the project list; unable to allocate state budget funds to pay the difference to investors; not approving the project within six months from the date the project is allocated funds;

d) Unable to select an investor to implement the project within six months from the date the project is approved by the competent authority.

Article 27. Publishing the Project List

1. For projects as stipulated in Clause 1, Article 24 of this Decree: Annually before April 30, the Ministry of Transport shall publish the project list. The Ministry of Transport, the provincial People's Committee, and specialized management agencies for maritime and inland waterway transport shall publish the project list on their electronic information websites. The published project list must include the following contents: name, location, scope, implementation period of the project; dredging standards; name and contact address of the provincial People's Committee as stipulated in Point b, Clause 1, Article 24 of this Decree.

2. For projects as stipulated in Clause 2, Article 24 of this Decree: Annually before April 30, the provincial People's Committee shall organize the publication of the project list on its electronic information website. The published project list must include the following contents: name, location, scope, implementation period of the project; dredging standards; name and contact address of the provincial People's Committee as stipulated in Clause 2, Article 24 of this Decree.

3. In cases of adjusting the project list, the Ministry of Transport, the provincial People's Committee, and specialized management agencies for maritime and inland waterway transport shall publish the project list according to the provisions of Clauses 1 and 2 of this Article.

Article 28. Preparation of Feasibility Study Reports for Projects

1. The feasibility study report for a project proposed by a business entity shall be prepared as follows:

a) The business entity submits a proposal letter to prepare the feasibility study report along with the business registration certificate, financial statements for the two most recent years, and a report on the capacity to implement similar projects to the competent authority responsible for implementing the project as stipulated in Clause 3, Article 24 of this Decree;

b) The competent authority responsible for implementing the project reviews and responds in writing to approve or not approve the business entity's preparation of the feasibility study report. The approval letter includes: the name of the business entity authorized to prepare the feasibility study report; the deadline and location for submitting the feasibility study report; the agency or unit primarily responsible for receiving the feasibility study report, handling the procedures for review and approval of the project; the responsibilities and methods of cooperation among related agencies in guiding the business entity in preparing the feasibility study report; other relevant contents;

c) A business entity that has been approved to prepare the feasibility study report for the project in accordance with Article 29 of this Decree;

d) The business entity preparing the feasibility study report bears all costs and risks if the project is not approved or if the project is approved but no investor can be selected.

2. If no business entity proposes to prepare the feasibility study report within sixty days from the date of publication of the list of projects, the competent authority responsible for implementing the project will consider and decide to prepare the feasibility study report from the regular budget of the local government.

3. The Ministry of Transport shall guide the criteria for selecting business entities to prepare feasibility study reports.

Article 29. Contents of the Feasibility Study Report for Projects

The feasibility study report for a project shall include the following main contents:

1. The necessity of investment and the advantages of investment compared to other forms of investment.

2. The compatibility of the project with the planning and development plans for the industry and locality.

3. Objectives, scale, location of the project implementation; volume of dredging; components of dredged material according to geological survey data; purpose and demand for using dredged material; volume of recovered products.

4. Progress and time frame for implementing the project including: contract duration, construction period.

5. Explanation of requirements for management organization schemes, technical schemes, quality standards of the works, treatment schemes for non-recovered dredged material (if applicable). Design documents in accordance with laws on construction and other relevant laws.

6. Compensation and land clearance schemes (if applicable).

7. Project implementation costs (including costs specified in Clause 1, Article 25 of this Decree; taxes, fees, royalties for mineral exploitation related to the project as prescribed; interest on borrowed funds for project implementation, return on equity of the investor); value of recovered products determined in accordance with Article 41 of this Decree; projected use of state capital in the project (if applicable); payment scheme for the difference between project implementation costs and the value of recovered products.

a) Determination of interest on borrowed funds for project implementation in accordance with laws on public-private partnership investment;

b) Return on equity of the investor calculated during the construction period of the project and within the framework of return on equity of investors in the transport sector as prescribed by laws on public-private partnership investment.

8. Ability to mobilize capital to implement the project.

9. Risk analysis and risk management measures for the project.

10. Forms of incentives (if applicable).

11. Economic and social benefits of the project; environmental impact assessment report in accordance with laws on environmental protection.

Article 30. Organization of Feasibility Study Report Review and Project Approval

1. The competent authority implementing the project shall organize the review of the feasibility study report of the project and approve the project in accordance with construction laws, related laws, and this Decree.

2. For feasibility study reports prepared by enterprises, the competent authority implementing the project shall organize the review of such reports within thirty days from the date of receiving complete valid files either directly or through postal services.

3. Prior to approving projects involving dredging combined with product recovery for maritime infrastructure, inland waterway infrastructure within port waters and inland waterways managed by the Ministry of Transport, the competent authority shall organize the solicitation of opinions from specialized management agencies in maritime affairs and inland waterways in accordance with relevant laws on maritime affairs and inland waterways, and the People's Committee of the province concerned if the project spans two or more centrally-administered cities or provinces.

4. Projects with settlement costs exceeding fifty percent of the total actual project costs as stipulated in Clause 2, Article 42 of this Decree shall not be approved.

Article 31. Adjustment of Projects

1. Projects may be considered for adjustment under the following circumstances:

a) Projects affected by force majeure events;

b) The emergence of factors that significantly enhance financial and socio-economic benefits for the project;

c) Changes in planning, policies, and related laws affecting the objectives, locations, and scales of the project;

d) Failure to select an investor to implement the project.

2. The competent authority shall organize the review of adjusted feasibility study reports and approve project adjustments according to the provisions of Article 30 of this Decree for the adjusted contents.

Article 32. Selection of Investors

1. The competent authority shall organize the selection of investors in accordance with the Law on Bidding.

2. Conditions, procedures for selecting investors, and incentives for investors during the bidding process for selecting investors shall be carried out in accordance with the Law on Bidding.

3. In cases where no investor can be selected to implement the project, the Ministry of Transport, or the People's Committee of the province, depending on their jurisdiction, shall allocate state budget funds based on the necessity of the project, and follow the procedures specified in Chapter III of this Decree.

Article 33. Signing of Project Contracts

1. Contracts shall be signed based on the decision approving the results of the investor selection, the results of contract negotiations, tender documents, bid documents, and valid proposal documents of the investor.

2. The contracting authority is the competent authority implementing the project or the entity authorized by the competent authority to sign the contract with the investor.

3. For joint venture investors, all members of the joint venture must directly sign and affix their seals (if applicable) on the contract.

Article 34. Contents of Project Contracts

1. Basic contents of project contracts:

a) Information about the parties to the contract;

b) Objectives, scale, location of the project implementation; volume of dredging and adjustment plans for dredging volumes, recovered product volumes and adjustment plans for recovered product volumes; purpose of using recovered products, handling plans for non-recovered dredged materials (if any); progress, time frame for project implementation including contract duration, construction period; adjustment of progress and time frame for project implementation;

c) Technical requirements and quality standards for the project works;

d) Costs of implementing the project as stipulated in Clause 7, Article 29 of this Decree; for dredging costs, fixed unit prices for dredging work shall be applied, and adjustment plans for project implementation costs when adjusting dredging volumes;

đ) Value of recovered products; payment value and payment plan for the difference between the value of recovered products and project implementation costs; form and payment deadline;

e) Sources of funding for the project, financial arrangement plans;

g) Handover of construction land; compensation and clearance of construction land (if any);

h) Design, organization of construction, inspection, supervision, quality management, acceptance, final accounts of the project; handover of the project;

i) Assurance of contract performance;

k) Rights and obligations of the parties involved in the contract; responsibility for completing necessary permit procedures in accordance with relevant laws;

l) Handling plans in case of fundamental changes in circumstances as prescribed by civil law to continue contract execution; handling of violations during project implementation; contractual penalties;

m) Responsibilities of the parties concerning information confidentiality; reporting systems; provision of related information and documentation and explanation of contract execution upon request of the competent authority, inspection, audit, and supervisory bodies;

n) Force majeure events and principles for handling them;

o) Forms of incentives (if any);

p) Principles and conditions for amending, supplementing, terminating the contract prematurely; rights and obligations of the parties when settling the contract;

q) Laws governing the contract and dispute resolution mechanisms;

r) Effectiveness and duration of the project contract; amendment of the contract; termination of the contract;

s) Other contents agreed upon by the parties signing the contract ensuring compliance with legal regulations.

2. Documents attached to the project contract include appendices and related documents which are integral parts of the project contract.

3. Investors shall pay local government budgets the penalty fees as stipulated in the project contract in accordance with the law.

Article 35. Duration of project contracts, guarantee of contract performance, amendment of project contracts, termination of project contracts

1. The duration of a project contract shall be agreed upon by the parties based on the project approved by the competent authority and in accordance with the provisions of the Law on Bidding.

2. Guarantee of performance of project contracts shall be carried out in accordance with the provisions of the Law on Bidding.

3. A project contract may be amended when the project is adjusted or in other cases agreed upon by the parties in compliance with the provisions of the law.

4. Termination of project contracts

a) The termination of a project contract shall be implemented according to the provisions of the contract.

b) Early termination of a project contract before its expiration date shall only apply in the following circumstances: The project is affected by force majeure events that the parties have taken measures to mitigate but cannot ensure the continuation of the project contract's implementation; In the national interest; ensuring requirements for national defense, national security, and state secrets protection; When the investor loses their ability to pay as stipulated by the law on bankruptcy; When one of the parties violates seriously the obligations prescribed in the contract; Other situations due to fundamental changes in circumstances as provided by civil law. The parties to the contract shall agree on the termination of the contract.

Article 36. Conditions for Implementation and Selection of Contractors for Project Execution

1. The project shall be implemented after the project contract has been signed and all procedures related to the environment, mineral resources, and other procedures as prescribed by law have been completed.

2. The investor shall either implement the project themselves or select consulting contractors, construction contractors, or other contractors to carry out the project's tasks, meeting the required capacity conditions under the law. The investor shall bear legal responsibility for their decisions.

Article 37. Preparation of Detailed Design Following Basic Design

1. The competent authority implementing the project decides the number of detailed design steps when approving the project.

2. The investor prepares the detailed design following the basic design and submits it to the contracting agency for agreement prior to approval. After approval, the investor submits the detailed design documentation to the contracting agency for supervision and inspection. Any changes to the detailed design following the basic design must be agreed upon in writing by the competent authority.

3. The preparation, review, and approval of the detailed design following the basic design shall be carried out in accordance with the provisions of the Construction Law.

Article 38. Supervision of Contract Implementation

1. The investor is responsible for the quality and progress of the project; organizing the selection of independent consultants to supervise the environment and construction work according to the design and construction methods, as well as the project contract; approving the results of the environmental supervision consultant selection and construction supervision after obtaining the agreement of the contracting agency.

2. The contracting agency organizes the supervision of the investor's compliance with the obligations stipulated in the project contract and this Decree. If necessary, the contracting agency may hire consultants to assist in supervising the implementation of the project contract.

3. The costs for hiring consultants to assist in supervising the implementation of the project contract as stipulated in Clause 2 of this Article shall be transferred by the investor into the account of the contracting agency for payment to the consulting unit.

4. For maritime channels and inland waterways, before commencing construction of the project, the contracting agency provides the project documentation to the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration for coordination in management and inspection during the project implementation process.

Article 39. Transfer of the Project

1. The investor shall be responsible for organizing the selection of independent consultants to conduct surveys for project phase acceptance and completion, and auditing the final settlement report of the completed project; approving the results of the selection of independent consultants to conduct surveys for project phase acceptance and completion, and auditing the final settlement report of the completed project after obtaining the unified opinion of the competent authority.

2. The investor shall report to the contracting agency to organize surveys and measurements, accept the results of project implementation, and transfer the project.

3. Responsibility for organizing surveys and measurements, accepting the results of project implementation, and transferring the project: the competent authority implementing the project shall be responsible for organizing surveys and measurements, accepting the results of project implementation, and receiving the transfer from the investor; settling accounts according to the project contract; terminating the project contract; transferring to the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration for management as provided in Clause 1, Article 24 of this Decree.

4. After receiving the project, the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall organize management, operation, and maintenance of the works according to their functions and authorities.

Article 40. Determination of the Value of By-product

1. The value of the by-product is determined as follows: Value of the by-product = Quantity of by-product x Price of by-product

2. The price of the by-product is the resource tax value of the type of resource or resource product corresponding to the by-product, issued by the People's Committee of the province where the project is located, in accordance with the laws on resource taxes.

3. The quantity of the by-product is the amount of material recovered from the project based on geological survey results.

Article 41. Principles for Payment of the Difference Between Project Implementation Costs and the Value of By-products

1. If the project implementation costs are less than the value of the by-product, the investor shall be responsible for paying the difference into the local budget of the project implementation area. This difference shall not be lower than the value stipulated in the contract or supplementary contract signed.

2. If the project implementation costs exceed the value of the by-product, the competent authority shall determine the value of the difference and make payment to the investor. The funds for paying the difference shall be sourced as follows:

a) For maintenance dredging projects combined with by-product recovery: using the local budget to pay the difference. This difference shall not exceed the value stipulated in the contract or supplementary contract signed. The agency or unit assigned by the provincial People's Committee to implement the project shall submit to the provincial People's Committee a consolidated estimate of the project implementation costs to be paid to the investor from the local budget according to regulations, and pay the investor after being allocated funds from the local budget.

b) For basic dredging projects combined with by-product recovery: using the state budget to pay the difference. This difference shall not exceed the value stipulated in the contract or supplementary contract signed. The agency or unit assigned by the provincial People's Committee to implement the project shall submit to the provincial People's Committee a consolidated estimate of the project implementation costs to be paid to the investor from the state budget according to the Public Investment Law, and pay the investor after being allocated funds from the state budget.

Article 42. Audit and Final Settlement of Investment Capital

1. The investor shall be responsible for organizing the audit of the final settlement report of the project.

2. The final settlement of investment capital is the determination of the difference between the actual cost of implementing the project and the value of the products recovered after the completion of the project, carried out by the competent authority implementing the project and the investor in accordance with the provisions of the law. The competent authority implementing the project supervises the investor's performance of the rights and obligations stipulated in the Contract.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES

Article 43. Responsibilities of the Ministry of Transport

1. The Ministry of Transport shall organize the implementation of specialized state management over dredging activities in coastal port waters and inland waterways as prescribed.

2. Direct and organize the implementation of dredging work to maintain public maritime channels and inland waterways from the State budget allocated to the Ministry of Transport.

3. Exercise the powers and responsibilities of the authority granting jurisdiction as prescribed.

4. Inspect, supervise and handle violations according to the law regarding dredging activities in coastal port waters and inland waterways.

5. Review, develop and perfect the system of technical standards, norms, unit prices, and economic and technical quotas related to dredging in coastal port waters and inland waterways.

6. Direct specialized maritime and inland waterway management agencies to coordinate with competent authorities during the implementation of projects and organize the acceptance and handover after completing combined dredging and product recovery projects for maritime infrastructure and inland waterway infrastructure in coastal port waters and inland waterways managed by the Ministry of Transport.

7. Provide detailed guidance on inspection, supervision, and organization of construction management for maintenance dredging works of public maritime channels and inland waterways as stipulated in Article 18 of this Decree and provide criteria for selecting enterprises to prepare feasibility study reports as stipulated in Clause 3 of Article 28 of this Decree.

Article 44. Responsibilities of the Ministry of National Defense

Organize the management of dredging activities in military port waters (for military and defense purposes).

Article 45. Responsibilities of the Ministry of Finance

Balance and allocate annual State budget funds to implement dredging work to maintain public maritime channels and inland waterways (including information infrastructure for monitoring and state management) based on the proposal of the Ministry of Transport.

Article 46. Responsibilities of the Ministry of Natural Resources and Environment

1. Direct relevant agencies and units under the Ministry of Natural Resources and Environment to implement environmental protection regulations for dredging activities in public maritime channels and inland waterways as prescribed in this Decree.

2. Lead in developing and issuing technical guidelines for assessing and analyzing the composition, concentration, and volume of mineral materials for dredging projects and works in coastal port waters and inland waterways.

Article 47. Responsibilities of the Ministry of Construction

Lead in developing and issuing standards and necessary conditions for utilizing dredged products for land reclamation and construction purposes.

Article 48. Responsibilities of the Ministry of Public Security

1. Ensuring security and order in accordance with regulations within the maritime port waters and inland waterway waters where dredging activities take place.

2. Inspecting and handling violations related to security and order in accordance with regulations concerning dredging activities within maritime port waters and inland waterway waters.

Article 49. Responsibilities of the People's Committee of the Province

1. Guiding procedures, formalities, and confirming registration of the volume of by-products for projects combining dredging and recovery of products in maritime port waters and inland waterway waters.

2. Managing areas and locations on shore for receiving dredged materials according to regulations.

3. Announcing a list of areas and locations on shore for receiving dredged materials and seabed disposal of dredged materials no later than one year from the date this Decree takes effect and before May 15 each year, updating and supplementing if there are changes compared to previously announced areas and locations.

4. Organizing interim evaluations and assessments of the implementation of projects combining dredging and recovery of products for maritime infrastructure and inland waterway infrastructure within maritime port waters and inland waterway waters.

Chapter VI

IMPLEMENTING PROVISIONS

Article 50. Effective Date

1. This Decree takes effect from July 5, 2024, replacing Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government on managing dredging activities in maritime port waters and inland waterway waters.

2. Abolishing Article 11 of Decree No. 43/2018/NĐ-CP dated March 12, 2018 of the Government regarding management, use, and exploitation of maritime infrastructure assets and Article 10 of Decree No. 45/2018/NĐ-CP dated March 13, 2018 of the Government regarding management, use, and exploitation of inland waterway transportation infrastructure assets.

3. Any other legal provisions relating to the organization of dredging activities in maritime port waters and inland waterway waters that conflict with the provisions of this Decree shall be implemented in accordance with the provisions of this Decree.

Article 51. Transitional Provisions

1. For maintenance dredging projects of public maritime channels that have been contracted by the Vietnam Maritime Administration with service enterprises to ensure maritime safety before the effective date of this Decree, the following applies:

a) Projects with implementation periods according to the maintenance plan approved for 2023-2024 or 2024 shall continue to be implemented under Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government until completion of the contract.

b) Projects with implementation periods according to the maintenance plan approved for 2024-2025 shall be implemented in accordance with this Decree. The Vietnam Maritime Administration and the service enterprise ensuring maritime safety shall terminate the existing contracts.

2. For inland waterway maintenance dredging projects that have been signed for consulting and construction before the effective date of this Decree, they shall continue to be implemented under Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government until completion of the contract.

3. For combined dredging and product recovery projects in maritime port waters and inland waterway waters managed by the Ministry of Transport, where the competent authority has approved the investor's registration to implement the project according to regulations before the effective date of this Decree but has not yet provided opinions on meeting conditions for continued project implementation as stipulated in Clause 2, Article 49 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government, then the selection of investors is not required, and the following steps shall be taken:

a) Selecting the competent authority to implement the project in accordance with Article 24 of this Decree.

b) The Vietnam Maritime Administration (for combined dredging and product recovery projects in maritime port waters), the Vietnam Inland Waterways Administration (for combined dredging and product recovery projects in inland waterway waters) shall transfer the original project files to the competent authority implementing the project and notify the investor.

c) The competent authority implementing the project: Request the investor to prepare a feasibility study report in accordance with Article 29 of this Decree; organize the review of the feasibility study report, if the review result is feasible and the value of recovered products is sufficient to cover the project costs, approve the project in accordance with Clause 1 and Clause 3, Article 30 of this Decree and sign a project contract with the investor, the content of the contract must comply with the provisions of Articles 34 and 35 of this Decree. If the review result is not feasible or the value of recovered products is insufficient to cover the project costs, terminate the project, the investor bears full financial responsibility, and the state will not compensate for any related project costs. The maximum time limit for organizing the preparation and review of the feasibility study report is 18 months from the date the competent authority implementing the project receives the project file from the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration.

d) Implementing the project contract, transferring the project, auditing, settling the investment capital of the project in accordance with Articles 36, 37, 38, 39, 40, Clause 1, Article 41, 42 of this Decree.

4. For combined dredging and product recovery projects in maritime port waters and inland waterway waters managed by the Ministry of Transport, where the competent authority has reviewed the project proposal file or approved the project or signed the project contract according to regulations before the effective date of this Decree but has not yet provided opinions on meeting conditions for continued project implementation as stipulated in Clause 2, Article 49 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government, then the selection of investors is not required, and the following steps shall be taken:

a) Selecting the competent authority to implement the project in accordance with Article 24 of this Decree.

b) The Vietnam Maritime Administration (for combined dredging and product recovery projects in maritime port waters), the Vietnam Inland Waterways Administration (for combined dredging and product recovery projects in inland waterway waters) shall transfer the original project files to the competent authority implementing the project and notify the investor.

c) The competent authority implementing the project requires the investor to review and prepare a proposal dossier for the adjusted project in accordance with the contents stipulated in Article 29 of this Decree and organize the examination of the proposal dossier for the adjusted project. In case the dossier is assessed as feasible and the value of the by-product is sufficient to cover the costs of implementing the project, it shall continue to be implemented in accordance with points d and đ of this clause. In case the dossier is assessed as not feasible or the value of the by-product is insufficient to cover the costs of implementing the project, the project shall be terminated. The maximum time limit for preparing and examining the proposal dossier for the adjusted project is twelve months from the date the competent authority implementing the project receives the project proposal dossier from the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration. If the adjusted project proposal dossier prepared by the investor does not meet the contents stipulated in Article 29 of this Decree after the above period, the project shall be terminated. In case the project is terminated, the investor shall bear financial responsibility on their own and shall not be compensated by the State for any costs related to the project.

d) The competent authority implementing the project approves the adjustment of the project and signs the project contract with the investor, the content of the contract must comply with the provisions of Articles 34 and 35 of this Decree. In case the project has signed a contract before the effective date of this Decree, the competent authority implementing the project, the Vietnam Maritime Administration (for projects combining dredging and product recovery in port waters), the Vietnam Inland Waterway Administration (for projects combining dredging and product recovery in inland waterways), and the investor shall sign a Supplementary Contract of Three Parties. The Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall transfer all rights, obligations, and responsibilities under the Contract to the competent authority implementing the project, and the investor shall implement according to the Contract and the Supplementary Contract signed.

đ) Implement the project contract, hand over the project, audit, settle the investment capital of the project in accordance with the provisions of Articles 36, 37, 38, 39, 40, Clause 1 of Article 41, and Article 42 of this Decree.

5. For projects combining dredging and product recovery in port waters and inland waterways managed by the Ministry of Transport that have been approved by the competent authority to continue implementing the project in accordance with Clause 2 of Article 49 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government, there is no need to select investors, and the subsequent steps shall be carried out as follows:

a) Selecting the competent authority to implement the project in accordance with Article 24 of this Decree.

b) The Vietnam Maritime Administration (for combined dredging and product recovery projects in maritime port waters), the Vietnam Inland Waterways Administration (for combined dredging and product recovery projects in inland waterway waters) shall transfer the original project files to the competent authority implementing the project and notify the investor.

c) Based on the project adjustment dossier which has been approved by the competent authority to continue implementing the project in accordance with Clause 2 of Article 49 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government, the competent authority implementing the project reviews the implementation costs of the project, the value of the by-product, and the payment plan for the difference between the implementation costs of the project and the value of the by-product in accordance with Clause 7 of Article 29 of this Decree. In case the value of the by-product is sufficient to cover the implementation costs of the project, it shall continue to be implemented in accordance with points d and đ of this clause. In case the value of the by-product is insufficient to cover the implementation costs of the project, the project shall be terminated. The maximum time limit for reviewing and approving the project adjustment is twelve months from the date the competent authority implementing the project receives the project dossier from the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration. In case the project is terminated, the investor shall bear financial responsibility on their own and shall not be compensated by the State for any costs related to the project.

d) The competent authority implementing the project approves the adjustment of the project and signs the project contract with the investor, the content of the contract must comply with the provisions of Articles 34 and 35 of this Decree. In case the project has signed a contract before the effective date of this Decree, the competent authority implementing the project, the Vietnam Maritime Administration (for projects combining dredging and product recovery in port waters), the Vietnam Inland Waterway Administration (for projects combining dredging and product recovery in inland waterways), and the investor shall sign a Supplementary Contract of Three Parties. The Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall transfer all rights, obligations, and responsibilities under the Contract to the competent authority implementing the project, and the investor shall implement according to the Contract and the Supplementary Contract signed.

đ) Implement the project contract, hand over the project, audit, settle the investment capital of the project in accordance with the provisions of Articles 36, 37, 38, 39, 40, Clause 1 of Article 41, and Article 42 of this Decree.

6. For projects combining dredging in port waters and product recovery belonging to the list published by the Ministry of Transport in accordance with Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government, the implementation shall proceed as follows:

a) Select the competent authority implementing the project in accordance with Article 24 of this Decree. The procedure for implementing the project shall be carried out in accordance with Article 23 of this Decree, without having to perform tasks completed before the effective date of this Decree.

b) The Vietnam Maritime Administration shall carry out: handing over the original project dossier under its management to the competent authority implementing the project to continue organizing the implementation of the project. For consultancy contracts for the project already signed, the Vietnam Maritime Administration, the competent authority implementing the project, and the consulting unit shall sign a Supplementary Contract of Three Parties, wherein the Vietnam Maritime Administration transfers all rights, obligations, and responsibilities under the Contract to the competent authority implementing the project and pays the fees for work completed up to the handover date according to the Contract to the consulting unit. The consulting unit is responsible for performing the work according to the Contract.

Article 52. Implementation Organization

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central city, and related organizations and individuals shall be responsible for implementing this Decree.

 

ANNEX I

DOCUMENT REQUESTING TO ACCEPT SEDIMENT FROM DREDGING ACTIVITIES IN PORT WATERS AND INLAND WATERWAYS
(Attached to Decree No. 57/2024/NĐ-CP dated May 20, 2024 of the Government)

 

Respectfully submitted to: People's Committee of province/city ...(3)...

Pursuant to Law on Environmental Protection No. 72/2020/QH14 dated November 17, 2020;

Pursuant to Decree No. …/…/NĐ-CP dated … month … year … of the Government stipulating management of dredging activities in port waters and inland waterways;

…(1)… requests to accept sediment from dredging activities in port waters and inland waterways within the territory of province/city …(3)… with detailed information as follows:

1. Area, location requested to accept:

2. Address:

3. Coordinates of corner points of the boundary area, location requested to accept: using national coordinate system VN-2000

4. Area: …. hectares (ha) or m²

5. Acceptance capacity: …. m³

6. Current status of the area, location requested to accept: describe the current status of the land area...

7. Expected acceptance time:

8. Legal documents of the area, location requested to accept: list and attach copies of legal documents of the area, location requested to accept such as land use right certificates or permits for land use issued by competent authorities.

9. Contact information: name, position, telephone, email,…

…(1)… commits to comply with the provisions of Decree No. …../…/NĐ-CP dated…. regarding management of dredging activities in port waters and inland waterways.

…(1)… respectfully requests the People's Committee of province/city …(3)… to consider and approve.

 

Note:

(1) Name of the organization or enterprise requesting to accept sediment.

(2) Name of the place where the document was prepared.

(3) Name of the place where the area requesting to accept sediment is located.

(4) Authorized representative of the organization or enterprise requesting to accept sediment.

 

ANNEX II

DECISION ON THE ANNOUNCEMENT OF THE LIST OF AREAS AND LOCATIONS FOR RECEIVING SEDIMENT, SUBMERGING SEDIMENT
(Attached to Decree No. 57/2024/NĐ-CP dated May 20, 2024 of the Government)

 

Pursuant to …;

On the announcement of the list of areas and locations for receiving sediment, submerging sediment …(1)….

PEOPLE'S COMMITTEE OF PROVINCE/CITY …(1)….

Pursuant to Decree No. …./.../NĐ-CP dated…. month…. year... of the Government stipulating management of dredging activities in port waters and inland waterways;

Pursuant to …. (other relevant legal bases);

Based on the proposal of …(2)….. in document No…..

DECISION:

Article 1.Attached to this Decision is the list of areas and locations for receiving sediment, submerging sediment in province/city …(1)….

Article 2. Implementation

1. …(2)….:

- Take the lead and coordinate with …(relevant departments and sectors of the province)… to guide, inspect, and supervise organizations and enterprises discharging sediment, submerging sediment to implement according to regulations.

- Take the lead in advising the People's Committee of province/city …(1)… to update the list of areas and locations for receiving sediment, submerging sediment before May 15 each year if there are changes in the areas and locations for receiving sediment, submerging sediment compared to the list mentioned above.

- …(other contents if any)….

2. …(relevant departments and sectors of the province/city)…

3. Management unit of the area and location for receiving sediment, submerging sediment of the province/city:

4. Unit requiring discharge of sediment, submerging sediment:

- Based on the list in this Decision, organizations and enterprises requiring discharge of sediment should select suitable areas and locations for their projects and works, submit a written proposal to the People's Committee of province/city …(1)… for approval before proceeding with subsequent procedures. Construction and discharge of sediment must comply with environmental laws, maritime safety regulations, construction regulations, and other relevant regulations.

- …(other contents if any)….

Article 3.This Decision takes effect from the date of signature.

Article 4.The Secretary of the People's Committee of province/city; Heads of provincial departments and sectors; Chairpersons of district, town, and city People's Committees; Chairpersons of commune, ward, and town People's Committees; organizations, enterprises, and related units shall be responsible for implementing this Decision.

 

Note:

(1) Name of the province/city announcing the list of areas and locations for discharging sediment, submerging sediment.

(2) Name of the advisory agency assigned to take the lead in implementation.

(3) Person authorized to sign and stamp.

 

LIST OF AREAS AND LOCATIONS FOR RECEIVING SEDIMENT, SUBMERGING SEDIMENT IN THE TERRITORY OF PROVINCE/CITY

…(1)….

(Attached to Decision No. …. dated… month…. year… of the People's Committee of province/city …(1)…)

Note:Coordinates of corner points use national coordinate system VN-2000.

 

ANNEX III

DOCUMENT PROPOSING IMPLEMENTATION OF DREDGING OF NAVIGATION CHANNELS/NATIONAL INLAND WATERWAYS/LOCAL INLAND WATERWAYS
(Attached to Decree No. 57/2024/NĐ-CP dated May 20, 2024 of the Government)

 

Respectfully submitted to: Ministry of Transport/People's Committee of province/city ...(4)...

Pursuant to Decree No. …/.../NĐ-CP dated…. month …. year ... of the Government stipulating management of dredging activities in port waters and inland waterways;

…(1)… proposes to implement dredging of navigation channels/national inland waterways/local inland waterways with main contents as follows:

1. Necessity:

2. Scope:

3. Scale of implementation:

4. Source of funding and ability to mobilize funds:

5. Timeframe:

6. Operation plan (if applicable):

7. Contact information: name, position, telephone, email,…

(1)… commits to complying with the provisions of Decree No. …../…/NĐ-CP dated …. regarding the management of dredging activities in port water areas and inland waterways; shall not take advantage of dredging to recover or excessively exploit dredged products; shall implement according to schedule and quality standards without causing negative impacts on security, safety, environment, and landscape; shall bear responsibility for the effectiveness of investment and investment costs; shall not request state compensation for expenses.

...(1)… respectfully requests the Ministry of Transport/People's Committee of province/city …(4)…. to consider and approve.

 

Note:

(1) Name of the organization or enterprise proposing to carry out dredging.

(2) Name of the place where the document was prepared.

(3) Name of the channel proposed for dredging which has been announced by the competent authority.

(4) Name of the place where the area proposed for dredging is located.

(5) Authorized representative of the organization or enterprise proposing to carry out dredging.