Circular No. 61/2024/TT-BGTVT amends and supplements certain provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port supervision units.

CIRCULAR

Amending and supplementing some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port inspection services. concerning the organization and operation of inland waterway port inspection services.

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

Pursuant to Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government stipulating the management of inland waterway transport activities; Decree No. 54/2022/NĐ-CP dated August 22, 2022, issued by the Government amending and supplementing some articles of Decree No. 78/2016/NĐ-CP dated July 1, 2016, issued by the Government stipulating conditions for operating maritime training services and inland waterway vessel crew training services and Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government stipulating the management of inland waterway transport activities; Decree No. 06/2024/NĐ-CP dated January 25, 2024, issued by the Government amending and supplementing some articles of Decree No. 08/2021/NĐ-CP dated January 28, 2021, issued by the Government stipulating the management of inland waterway transport activities; The Minister of Transport hereby promulgates this Circular amending and supplementing some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port inspection services.

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Director of the Department of Organization and Cadres and the Director of the Vietnam Inland Waterway Administration;

Article 1. A

mends and supplements some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port inspection services.Article 2. Position and functions

1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.

“1. Inland waterway port inspection service is the agency implementing specialized state management functions in inland waterway transport at ports, inland waterway wharfs (hereinafter referred to as ports, wharfs), anchorage areas; on channels and routes when assigned by the Minister of Transport to ensure compliance with laws on inland waterway traffic order and safety and environmental protection.

2. Inland waterway port inspection service has legal personality, has its own office, uses its own seal, and opens accounts at State Treasury and commercial banks in accordance with regulations.”

“d) Ports, wharfs, and anchorage areas within the waters of seaports delegated by the Ministry of Transport.”

2. Amend and supplement certain points and clauses of Article 3 as follows:

a) Amend and supplement point d clause 1 as follows:

“2. The scope of management of inland waterway port inspection services under provincial People's Committees' Departments of Transport (hereinafter referred to as Departments) includes ports, wharfs (excluding passenger river ferry wharfs), anchorage areas that have been announced and permitted to operate, specifically as follows:

b) Amend and supplement Clause 2 as follows:

d) Ports, wharfs, and anchorage areas as prescribed in Clause 1 of this Article delegated by the Minister of Transport in accordance with regulations.”

a) Ports, wharfs, anchorage areas on local inland waterways;

b) Ports, wharfs, anchorage areas on dedicated inland waterways connecting to local inland waterways;

c) Ports, wharfs, anchorage areas within the waters of seaports within the administrative boundaries of the locality assigned by the Ministry of Transport;

a) Amending and supplementing Clause 2, Clause 3, and Clause 4 as follows:

3. Amending and supplementing some clauses of Article 4 as follows:

“2. Inspect compliance with laws within the scope of ports, wharfs, and anchorage areas regarding: safety, security, and environmental protection for vessels, ships, seaplanes, foreign inland waterway vessels; certificates of professional competence, professional certificates of crew members, and crew lists; equipment for loading and unloading goods, certificates, and certificates of persons operating such equipment in accordance with regulations.

3. Issue permits or orders for vessels, ships, seaplanes, foreign inland waterway vessels to enter or leave ports, wharfs, and anchorage areas in accordance with regulations. Do not allow vessels, ships, seaplanes, foreign inland waterway vessels to enter or leave ports, wharfs, and anchorage areas if they do not meet safety, security, and environmental protection requirements or if the ports, wharfs, and anchorage areas do not meet operational conditions as prescribed by law.

4. Implement channel and route management tasks as assigned by the Minister of Transport; notify the status of channels and routes to vessels, ships, seaplanes, and foreign inland waterway vessels.”

b) Amending and supplementing Clause 12 and Clause 13 as follows:

“12. Confirm reports of inland waterways in accordance with the law; implement decisions of competent authorities regarding the arrest or release of ships according to regulations.

13. Supervise compliance with laws on inland waterway transport by organizations and individuals within their responsibility; receive citizens, handle complaints, denunciations, reflections, and suggestions from organizations and citizens; prevent corruption and waste; impose administrative penalties; collect fees and charges in accordance with the law.”

4. Amending and supplementing some points and clauses of Article 7 as follows:

a) Amending and supplementing Point b, Point c, and Point d of Clause 1 as follows:

“b) Finance and Accounting Department;

c) Safety Department;

d) Infrastructure Management Department.”

“2. Representatives of inland waterway port inspection services

b) Amend and supplement Clause 2 as follows:

The Director of inland waterway port inspection services is responsible for arranging personnel of representatives of inland waterway port inspection services at offices or ports, wharfs, or on vessels to handle entry and departure procedures from ports, wharfs, and anchorage areas within the management scope in accordance with regulations.

The Inland Waterway Port Office may have one or more Representatives of the Inland Waterway Port Office.

The Representative of the Inland Waterway Port Office is an equivalent department, performing specialized administrative functions at ports, wharfs, and anchorage areas as prescribed; it may use its own seal as prescribed.

The establishment, reorganization, and dissolution of representatives of inland waterway port inspection services shall be carried out in accordance with regulations.”

“3. The Director of inland waterway port inspection services shall stipulate the functions, tasks, and powers of specialized departments; stipulate the functions, tasks, powers, and management scope of representatives of inland waterway port inspection services in accordance with regulations.”

c) Amending and supplementing Clause 3 as follows:

Article 3, Clause 1, Point d of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port inspection services is repealed.

Article 2. Circular No. 18/2021/TT-BGTVT dated September 14, 2021, issued by the Minister of Transport on the organization and operation of inland waterway port inspection services 2. The Director of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Inland Waterway Administration, the Director of the Vietnam Maritime Administration, the Directors of Provincial Departments of Transport, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./. 

Article 3. Implementation Provisions

1. This Circular takes effect from February 15, 2025.

2. The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Inland Waterways Administration, the Director of the Vietnam Maritime Administration, the Directors of Provincial Department of Transport, the Heads of agencies, organizations, and individuals related shall be responsible for implementing this Circular./.