Circular No. 68/2015/TT-BGTVT guiding the implementation of certain provisions of the regulation on protecting port works and maritime channels issued together with Decree No. 109/2014/NĐ-CP dated November 20, 2014 of the Government.

CIRCULAR

Guidelines for Implementing Certain Provisions of the Regulation on Protecting Port Works and Shipping Channels

Circular No. 04/2017/TT-BGDĐT dated January 25, 2017 N |||Decree No. 109/2014/NĐ-CP dated November 20, 2014 Cof the GovernmentDeputy ministers of ministerial-level agencies,

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Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

on InvestmentcouncillORSDecree No. 109/2014/NĐ-CP dated November 20, 2014 of the Government on the Regulation on Protecting Port Works and Shipping Channelspolicies protecting port worksdevelopmentand shipping channels;ồmaritime port;

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

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Maritime Administration,

AND trThe Minister of Transport issues this Circular guiding the implementation of certain provisions of the Regulation on Protecting Port Works and Shipping Channels (hereinafter referred to as the Regulation) promulgated by Decree No. 109/2014/NĐ-CP dated November 20, 2014 of the Government (hereinafter referred to as Decree No. 109/2014/NĐ-CP).FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSThis Circular guides the reporting on the results of loans from the National Employment Fund; the reporting on the results of employment support loans and loans supporting workers going abroad under contracts from the capital raised by the Vietnam Bank for Social Policies (hereinafter referred to as raised capital) as stipulated in Decree No. 61/2015/NĐ-CP and Decree No. 74/2019/NĐ-CP.No. This Circular guides the implementation of certain provisions of the Regulation on Protecting Port Works and Shipping Channels (hereinafter collectively referred to as maritime works) promulgated by Decree No. 109/2014/NĐ-CP.developmentThis Circular applies to agencies, organizations, and individuals related to the protection of maritime works.

Article 1. Scope of Regulation

Article 3. Approval of Content in Planning Affecting the Protection Zone of Maritime Works

Article 2. Applicability

1. Within 01 working day from the date of receipt of the document seeking opinions of ministries, sectors, and localities on the planning content affecting the protection zone of maritime works, the Ministry of Transport shall issue a document seeking opinions of the Vietnam Maritime Administration.

2. Within 02 working days from the date of receipt of the document of the Ministry of Transport, the Vietnam Maritime Administration shall issue a document participating in opinions on the planning content affecting the protection zone of maritime works and send it to the Ministry of Transport.

3. Within 05 working days from the date of receipt of the document of ministries, sectors, and localities, the Ministry of Transport shall issue a document responding to the planning content affecting the protection zone of maritime works; if not approved, the reasons must be clearly stated.

Article 4. Construction of Essential Works within the Protection Zone of Maritime Works

1. Essential works include:

a) Works serving national defense and security;

b) Works serving the management and exploitation of maritime works;

c) Road works (overpasses, underwater tunnels), power transmission lines, telecommunications cables, cable cars, water supply and drainage pipelines, oil, gas, and similar underground works, drilling platforms, wind farms, hydroelectric plants, thermal power plants.

2. The construction of essential works within the protection zone of maritime works shall be carried out when it is impossible to construct outside the protection zone of maritime works, with the agreement of the owner of the maritime works and approval by the Ministry of Transport according to the provisions of Clause 3 and Clause 4 of this Article.

3. Before preparing project proposals or investment reports for essential works, the investor shall submit directly or through postal services or other appropriate means one set of documents requesting approval for the construction of essential works within the protection zone of maritime works to the Vietnam Maritime Administration. The documents include:

a) An application form for constructing essential works within the protection zone of maritime works (original) according to Model No. 1 of the Appendix issued together with this Circular;

b) Overall layout drawings of the works;

c) Explanation of the necessity of constructing the works and their operational period; assessment of the impact of essential works on the safety conditions and operational conditions of existing maritime works;

d) Minutes of the agreement between the investor and the owner of the maritime works where the essential works will be constructed within the protection zone of maritime works.

4. The Vietnam Maritime Administration shall accept and review the documents; if the documents are incomplete, within 02 working days from the date of receipt of the documents, the Vietnam Maritime Administration must guide the investor to complete the documents according to regulations. At the latest 05 working days from the date of receipt of all documents from the investor, the Vietnam Maritime Administration shall examine and report to the Ministry of Transport.

5. At the latest 03 working days from the date of receipt of the report of the Vietnam Maritime Administration, the Ministry of Transport shall issue a document approving the construction of essential works within the protection zone of maritime works according to Model No. 2 of the Appendix issued together with this Circular to the investor and the Vietnam Maritime Administration; if not approved, the reasons must be clearly stated.

6. Prior to commencing construction of essential works, the investor shall be responsible for:

a) Sending a copy of the investment decision for constructing the works along with the overall layout plan and a copy of the design approval decision to the Port Authority in the relevant area;

b) Preparing and submitting for approval a maritime safety assurance plan in accordance with Article 14 of Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on the Management of Ports and Shipping Channels.

7. The Port Authority in the relevant area shall organize inspections and supervision of the construction of essential works in compliance with the planning and protection plans that have been approved, ensuring maritime safety, maritime security, and preventing environmental pollution.

8. For essential works within the protection zone of maritime works which are decided to be invested in or constructed by the Ministry of Transport or the Vietnam Maritime Administration, there is no need to follow the procedures for requesting approval for the construction of essential works within the protection zone of maritime works as stipulated in Clause 3, Clause 4, and Clause 5 of this Article, but before commencing construction, representatives of the investors still have to comply with the provisions of Clause 6 and Clause 7 of this Article.

7. The Maritime Port Control Authority in the region shall organize inspections and supervision to ensure that construction of essential works complies with planning, protection schemes for such works which have been approved, ensuring maritime safety, maritime security, and prevention of environmental pollution.

8. For essential works within the protected area of maritime facilities where the Ministry of Transport or the Vietnam Maritime Administration is the investor or project owner, they are not required to go through the procedure to obtain approval for constructing essential works within the protected area of maritime facilities as stipulated in Clauses 3, 4, and 5 of this Article; however, before commencing construction, representatives of the project owner must still comply with the provisions of Clauses 6 and 7 of this Article.

Article 5. Marine Works Protection Plan

1. Organizations and individuals investing in construction, managing and operating marine works must seek opinions from the Marine Port Control Authority of the relevant region regarding the contents of the marine works protection plan before approval.

2. Within five working days from the date of receipt of the document seeking opinions and draft of the marine works protection plan, the Marine Port Control Authority must issue a response document, and in cases where there are inconsistencies, the reasons must be clearly stated.

3. The marine works protection plan, after being approved, must be submitted to the Marine Port Control Authority for inspection, supervision, and coordination in implementation.

Article 6. Effectiveness

1. This Circular takes effect from January 1, 2016.

2. For marine works that have been put into use before the effective date of Decree No. 109/2014/ND-CP but have not yet had contents on the marine works protection plan, organizations and individuals managing and operating such marine works must complete the approval of the marine works protection plan according to the provisions of Decree No. 109/2014/ND-CP and Article 5 of this Circular by December 31, 2015.

3. This Circular shall include two Model Forms attached hereto.

Article 7. Implementation Organization

1. The Director of the Ministry's Office, the Director of the Ministry's Inspectorate, Heads of Departments, Directors of the Vietnam Maritime Administration, Directors of Provincial Departments of Transport under centrally governed cities and provinces, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies, organizations, and individuals should report to the Vietnam Maritime Administration for timely reporting to the Ministry of Transport for consideration and resolution.