Decision No. 70/2013/QĐ-TTg on the publication of the Classification List of Vietnam's Seaports

Pursuant to …;

Regarding the announcement of the Classification List of Vietnam's Seaports

____________

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on the management of seaports and maritime channels;

At the proposal of the Minister of Transport;

The Prime Minister promulgates this Decision regarding the announcement of the Classification List of Vietnam's Seaports,

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates criteria for classifying seaports and responsibilities for announcing the classification list of Vietnam's seaports.

2. This Decision applies to agencies, organizations, and individuals related to planning, investment in construction, and management and exploitation of Vietnam's seaports.

3. This Decision does not apply to the classification of enterprises managing and exploiting seaports in Vietnam.

Article 2. Purpose of Classifying Vietnam's Seaports

1. To establish mechanisms, policies, plans, and development programs for seaports that leverage potential, advantages, conditions, and economic and social development needs of the country.

2. To organize the management of planning, investment in construction, and operation of seaports in accordance with the Master Plan for the Development of Vietnam's Seaport System until 2020 with a vision to 2030, Vietnamese laws, and relevant international conventions and maritime practices.

3. To decide on new investments in building or upgrading and expanding seaports to meet the requirements of national economic and social development.

4. To contribute to ensuring national defense, security, and maintaining sovereignty over Vietnam's maritime and island territories in compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

5. Other purposes consistent with economic and social development and national defense and security.

Article 3. Criteria and Content of Classifying Vietnam's Seaports

1. Criteria for classifying Vietnam's seaports include:

a) Characteristics of the attractive area of the seaport, including criteria such as area, population, type of city, economic zones, industrial parks, maritime services, and transportation infrastructure connected to the seaport;

b) Role, function, and influence of the seaport on the economic and social development of the locality, region, or the entire country;

c) Scale and capacity of the seaport, including criteria such as types of goods and throughput at the seaport; total length of wharf, tonnage of ships currently receiving and according to planning;

d) Trends in construction investment to develop concentrated seaports, avoiding dispersion, with each province or centrally governed municipality having only one seaport as stipulated in Article 59 of the Vietnam Maritime Code.

2. Content of Classifying Vietnam's Seaports

a) Seaport Type I is a particularly important seaport primarily serving the economic and social development of the entire country or region. For Seaport Type I that serves as a gateway port or international transshipment port, primarily serving the economic and social development of the entire country, it is designated as Seaport Type IA;

b) Seaport Type II is an important seaport primarily serving the economic and social development of the region or locality;

c) Seaport Type III is a specialized seaport primarily serving the activities of enterprises.

Article 4. Responsibilities to implement

1. The Ministry of Transport

a) Establish and publish the List of Classification of Vietnamese Seaports according to the provisions of Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government on management of seaports and maritime channels and this Decision;

b) Publish the List of wharves belonging to Vietnamese seaports based on the proposal of the Director of the Vietnam Maritime Administration in January each year;

c) Compile and publish the list of seaports that have been

d) Take the lead and coordinate with relevant ministries, sectors, and People's Committees of provinces and centrally governed cities to organize the implementation of state management over planning, investment construction, and management, exploitation, and utilization of seaports in accordance with the provisions of this Decision and other relevant laws.

2. Other ministries, sectors, and People's Committees of provinces and centrally governed cities

a) The Ministry of Natural Resources and Environment and People's Committees of provinces and centrally governed cities shall take the lead and coordinate with the Ministry of Transport to handle land procedures in the development planning of seaports and allocate sea areas for organizations and individuals to invest in construction and exploitation and utilization of seaports as prescribed;

b) Other ministries, sectors, and People's Committees of provinces and centrally governed cities shall organize the implementation of state management over maritime affairs, activities at seaports and port waters; coordinate with the Ministry of Transport to organize the implementation of planning, investment construction, and exploitation and utilization of seaports in accordance with the provisions of the law;

c) People's Committees of provinces and centrally governed cities shall ensure land funds and water areas for the construction and development of seaports in accordance with approved planning.

Article 5. Effective Date

1. This Decision takes effect from January 10, 2014 and replaces Decision No. 16/2008/QĐ-TTg dated January 28, 2008 of the Prime Minister on publishing the List of Classification of Vietnamese Seaports.

2. Three Appendices are promulgated together with this Decision, including:

a) Appendix I: List of Classification of Type I Seaports and Type II Seaports;

b) Appendix II: List of Classification of Offshore Oil and Gas Seaports;

c) Appendix III: Table of Criteria for Evaluation and Classification of Seaports and Wharves.

Article 6. Implementation Organization

THE MINISTERS, HEADS OF GOVERNMENT-LEVEL MINISTRIES, HEADS OF GOVERNMENT-LEVEL AGENCIES, AND CHAIRMEN OF PROVINCE AND CITY PEOPLE'S COMMITTEES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.