Circular No. 70/2014/TT-BGTVT on inland waterway management

CIRCULAR

Regulations on inland waterway management

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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;

Based on Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government detailing the implementation of certain provisions of the Law on Inland Waterway Transport;

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;

Considering the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterways Administration,

The Minister of Transport hereby issues this Circular on regulations for inland waterway management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the classification of inland waterways; the announcement of opening and closing of inland waterway routes; the scope of protected waterway corridors and boundary markers; regulations on investment projects related to inland waterway transport; restrictions on inland waterway transport; measures to ensure inland waterway traffic safety and the announcement of inland waterway routes.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in inland waterway management.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. A waterway channel (hereinafter referred to as "channel") is a water area delineated by an inland waterway navigation marking system to facilitate smooth and safe passage of vessels.

2. The protected waterway corridor is the limited area of water or land along both sides of the channel for installing markings, protecting the channel, and ensuring traffic safety.

3. Channel announcement is the publication of technical standards of the channel such as channel depth, bottom height, width, and clearance under keel at different water levels, and other issues related to channel traffic safety.

4. Water level is the measured water level index at a specific time at a particular hydrological station on the inland waterway.

5. Maximum and minimum water levels are the highest and lowest water levels recorded at a hydrological station on the inland waterway.

6. Channel depth is the actual measured depth at a location on the inland waterway at a specific time.

7. Actual clearance height is the distance from the lowest point of the structure crossing over the inland waterway above water to the water surface within the measured width of the navigable channel at a specific time.

8. Maximum and minimum channel depths are the actual measured depths at a location on the inland waterway corresponding to the maximum and minimum water levels.

9. Channel width is the smallest actual measured width of the channel bottom at a location on the inland waterway.

10. The length of the inland waterway channel is determined from the starting point to the end point along the centerline of the inland waterway channel.

11. An inland waterway route is one or more vessel channels on rivers, canals, creeks, lakes, lagoons, bays, coastal areas, island access, connecting islands. The length of the inland waterway route is determined from the starting point to the end point.

12. Regional inland waterway management agency is a subordinate agency directly under the Vietnam Inland Waterways Administration responsible for a specific region.

Chapter II

REGULATIONS ON CLASSIFICATION AND TECHNICAL GRADING

INLAND WATERWAYS

Article 4. Classification of inland waterways

1. Inland waterways are classified into national inland waterways, provincial inland waterways, and specialized inland waterways.

2. National inland waterways are those connecting economic, cultural, and social centers, important transportation hubs serving the economy, national defense, and security, or inland waterway routes with international waterway transport activities.

3. Provincial inland waterways are those within the administrative jurisdiction of provinces or centrally governed cities, mainly serving local economic and social development tasks.

4. Specialized inland waterways are those connecting specialized inland waterway ports and terminals with national or provincial inland waterways, serving the transportation needs of organizations and individuals.

Article 5. Competence to decide on classification of inland waterways and adjustment of inland waterway types

1. The Minister of Transport decides on the classification and adjustment of inland waterway types based on the proposal of the Vietnam Inland Waterway Administration for:

a) National inland waterways;

b) Special-purpose inland waterways connecting with national inland waterways, special-purpose inland waterways located across the boundaries of two or more provinces or centrally governed cities, or special-purpose inland waterways connecting national inland waterways with local inland waterways.

2. The Chairman of the People's Committee at the provincial level decides on the classification and adjustment of inland waterways based on the proposal of the Department of Transport for:

a) Local inland waterways;

b) Special-purpose inland waterways connecting with local inland waterways.

Article 6. Competence to decide on technical classification of inland waterways and adjustment of technical classification of inland waterways

1. Technical classification of inland waterways is defined according to the Standard TCVN 5664:2009 "Technical Classification of Inland Waterways" issued together with Decision No. 3082/QĐ-KHCN dated January 1, 2009 of the Ministry of Science and Technology, including special grade, Grade I, II, III, IV, V, and Grade VI.

2. The Minister of Transport decides on the technical classification and adjustment of technical classification of inland waterways based on the proposal of the Vietnam Inland Waterway Administration for:

a) National inland waterways;

b) Special-purpose inland waterways connecting with national inland waterways, special-purpose inland waterways located across the boundaries of two or more provinces or centrally governed cities, or special-purpose inland waterways connecting national inland waterways with local inland waterways.

3. The Chairman of the People's Committee at the provincial level decides on the technical classification and adjustment of technical classification of inland waterways based on the proposal of the Department of Transport for:

a) Local inland waterways;

b) Special-purpose inland waterways connecting with local inland waterways.

Chapter III

REGULATIONS ON ANNOUNCEMENT OF OPENING AND CLOSING OF WATERWAY CHANNELS AND ROUTES

Article 7. Announcement of opening of waterway channels and routes

1. The announcement of opening of waterway channels and routes is the decision of the competent authority to bring waterway channels and routes under management and exploitation.

2. Contents of the announcement of opening of waterway channels and routes:

a) Name of river, canal, scope (from point ... to point ...);

b) Type of inland waterway;

c) Place name, length, and technical classification of waterway channel and route;

d) Time of commencement of exploitation on the waterway channel and route.

3. The State management agency with competence to decide on the classification of inland waterways as stipulated in Clause 1 and Clause 2 of Article 5 of this Circular shall be responsible for announcing the opening of waterway channels and routes for the type of inland waterway within its decision-making authority.

Article 8. Documents for requesting announcement of opening of waterway channels and routes

1. For new investment construction projects or improvement and upgrading projects of waterway channels and routes:

a) Request for announcement of opening of waterway channels and routes (original copy) in accordance with Appendix 1 of this Circular, clearly stating the type of inland waterway proposed for announcement; length of waterway channel and route and technical classification of waterway channel and route; time of commencement of exploitation on the waterway channel and route;

b) Approval decision on the project (certified copy);

c) Construction design drawings (copy);

d) Completion dossier of the works (copy);

đ) Acceptance certificate for completion of works for putting into use (original copy).

2. For waterway channels and routes re-announced or without investment projects:

a) Request for announcement of opening of waterway channels and routes (original copy according to the model prescribed in Appendix 1 of this Circular);

b) Survey map of the current status of the waterway channel and route proposed for announcement (original copy). On the map, indicate the position of signaling devices and existing structures on the waterway channel and route.

b) The survey plan of the current channel and inland waterway route proposed for publication (original). On the plan, indicate the positions of navigational aids and existing structures on the channel and inland waterway route.

Article 9. Procedures for announcing the opening of inland waterway channels and routes

1. For national inland waterways:

a) The Vietnam Inland Waterways Administration shall prepare one set of documents in accordance with Clause 1, Article 8 of this Circular to submit to the Ministry of Transport for announcement;

b) Within no more than five working days from the date of receiving complete and valid documents, the Ministry of Transport shall issue a decision to announce.

2. For provincial inland waterways:

a) The Department of Transport shall prepare one set of documents in accordance with Clause 1, Article 8 of this Circular to submit to the Chairman of the People's Committee of the province for announcement;

b) Within no more than five working days from the date of receiving complete and valid documents, the Chairman of the People's Committee of the province shall issue a decision to announce.

3. For dedicated inland waterways connecting to national inland waterways; dedicated inland waterways located across the boundaries of two provinces or centrally governed cities or more; or dedicated inland waterways connecting national inland waterways with local inland waterways:

a) Organizations or individuals having dedicated inland waterways shall send one set of documents in accordance with Clause 1, Article 8 of this Circular through postal service or directly to the Vietnam Inland Waterways Administration;

b) The Vietnam Inland Waterways Administration shall receive the documents; if the documents are not clear or complete according to regulations, it shall guide organizations or individuals to perfect the documents; in case the documents are sent via postal service, guidance must be provided in writing;

c) Within no more than five working days from the date of receiving complete and valid documents, the Vietnam Inland Waterways Administration shall have the results of review and submit them to the Ministry of Transport for consideration and announcement of the opening of dedicated inland waterway channels and routes;

d) Within no more than five working days from the date of receiving complete and valid documents submitted by the Vietnam Inland Waterways Administration, the Ministry of Transport shall issue a decision to announce the opening of inland waterway channels and routes.

4. For dedicated inland waterways connecting to local inland waterways:

a) Organizations or individuals having dedicated inland waterways shall send one set of documents in accordance with Clause 1, Article 8 of this Circular through postal service or directly to the Department of Transport;

b) The Department of Transport shall receive the documents; if the documents are not clear or complete according to regulations, it shall provide written guidance for organizations or individuals to perfect the documents; in case the documents are sent via postal service, guidance must be provided in writing;

c) Within no more than five working days from the date of receiving complete and valid documents, the Department of Transport shall submit to the Chairman of the People's Committee of the province for announcement of the opening of dedicated inland waterway channels and routes;

d) Within no more than five working days from the date of receiving complete and valid documents submitted by the Department of Transport, the Chairman of the People's Committee of the province shall issue a decision to announce the opening of inland waterway channels and routes.

Article 10. Announcement of Closing Inland Waterway Channels and Routes

1. Cases of closing inland waterway channels and routes:

a) During the operation of inland waterway channels and routes, it is found that the channels and routes do not ensure safety for transportation activities and there is no longer a need for transport exploitation;

b) Reasons related to security and defense concerning inland waterway channels and routes;

c) Cases where organizations or individuals no longer have a need to exploit transport on inland waterway channels and routes.

2. Contents of the decision to announce the closure of inland waterway channels and routes include:

a) Reasons for closing inland waterway channels and routes;

b) Names of places, lengths of inland waterway channels and routes;

c) Time of commencement of closure of inland waterway channels and routes.

Article 11. Documents for Announcing Closure of Inland Waterway Channels and Routes

1. A proposal to close inland waterway channels and routes according to the model prescribed in Appendix 1 of this Circular.

2. Inspection and evaluation records of inland waterway channels and routes between inland waterway management agencies at regional level or Department of Transport with units, organizations, or individuals directly managing and operating such channels and routes.

3. Management files during the operation and use of inland waterway channels and routes.

Article 12. Procedure for Announcing Closure of Inland Waterway Channels and Routes

1. Special-purpose inland waterways connecting to national inland waterways; special-purpose inland waterways located across the boundaries of two or more provinces or centrally governed cities; special-purpose inland waterways connecting national inland waterways with local inland waterways.

a) Organizations and individuals submit one set of documents stipulated in Article 11 of this Circular through postal service or directly to the Vietnam Inland Waterway Administration;

b) The Vietnam Inland Waterway Administration receives and reviews the application documents of organizations and individuals using special-purpose channels. If the documents are not clear or complete as required, they will be guided to complete them. The time limit for reviewing and requesting additional documents shall not exceed two working days;

c) Within five working days from the date of receiving valid documents submitted by the Vietnam Inland Waterway Administration, the Ministry of Transport issues a decision to announce the closure of inland waterway channels and routes.

2. Special-purpose inland waterways connecting to local inland waterways

a) Organizations and individuals submit one set of documents stipulated in Article 11 of this Circular through postal service or directly to the Department of Transport;

b) The Department of Transport receives and reviews the application documents of organizations and individuals using special-purpose inland waterways. If the documents are not clear or complete as required, they will be guided to complete them. The time limit for reviewing and requesting additional documents shall not exceed two working days;

c) Within five working days from the date of receiving valid documents submitted by the Department of Transport, the Chairman of the Provincial People's Committee issues a decision to announce the closure of inland waterway channels and routes.

Chapter IV

SCOPE OF RIGHT-OF-WAY AND MARKERS FOR PROTECTING WATERWAY INFRASTRUCTURE

INLAND WATERWAY TRANSPORT INFRASTRUCTURE

Article 13. Scope of Right-of-Way for Protecting Inland Waterways

1. The scope of right-of-way for protecting inland waterways shall be implemented in accordance with Article 3 of Decree No. 21/2005/NĐ-CP dated March 1, 2005 of the Government.

For cases where the channel does not abut the shore as specified in point a, Clause 1, Article 3 of Decree No. 21/2005/NĐ-CP, the scope of right-of-way for protecting inland waterways is specifically defined according to the technical grade of the inland waterway as follows:

a) For inland waterways on lakes, bays, river mouths, coastal areas, and special-grade channels: from over 20 meters to 25 meters;

b) For Grade I and Grade II inland waterways: from over 15 meters to 20 meters;

c) For Grade III and Grade IV inland waterways: from over 10 meters to 15 meters;

d) For Grade V and Grade VI inland waterways: 10 meters

2. For inland waterway routes that have been approved in planning, the determination of the scope of right-of-way for protecting inland waterways is based on the technical grade of the inland waterway according to the plan.

3. Investment projects to upgrade existing inland waterway routes or new inland waterway route development projects must base on the plan to clearly define the technical grade of the inland waterway route after completion of the project, determine the scope of right-of-way for protecting inland waterways, develop plans, and implement boundary markers.

Determining the scope of right-of-way for protecting inland waterways, developing plans, and implementing boundary markers are mandatory components of the project.

Article 14. Boundary Markers and Adjustment of Boundary Markers for Protection of Inland Waterway Transport Infrastructure Structures

1. Determine the works and set boundary markers to protect works belonging to inland waterway transport infrastructure structures according to the authority prescribed in Article 16 of this Circular.

2. Works that have boundary markers set must be numbered and marked on the schematic diagram of the inland waterway route.

3. After setting the boundary markers, they shall be handed over to the People's Commune Council for management. The specifications of the boundary markers and the distance between boundary markers shall be implemented according to the model specified in Appendix 2 of this Circular.

4. Adjust the boundary markers based on the actual situation of the inland waterway channel changes to set boundary markers appropriately, ensuring the protection range of the inland waterway transport infrastructure structures.

Article 15. Responsibilities in Setting Boundary Markers and Adjusting Boundary Markers for Protection of Inland Waterway Transport Infrastructure Structures

1. The Vietnam Inland Waterways Administration shall be responsible for:

a) Guide the determination of the protection range of inland waterway transport infrastructure structures, setting boundary markers, and adjusting boundary markers to protect inland waterway transport infrastructure structures;

b) Direct relevant inland waterway management agencies in the region to take the lead and coordinate with the provincial People's Committee to conduct surveys and set boundary markers, adjust boundary markers along national inland waterway routes;

c) Coordinate to inspect and urge the determination of the protection range, setting boundary markers on local inland waterway routes.

2. Provincial People's Committees are responsible for:

a) Direct the determination of the protection range of inland waterway transport infrastructure structures, setting boundary markers, and adjusting boundary markers to protect local inland waterway transport infrastructure structures;

b) Direct specialized departments, county-level People's Committees to coordinate with the Vietnam Inland Waterways Administration to conduct surveys, set boundary markers, and determine adjustments to boundary markers for national inland waterway routes and dedicated inland waterway routes.

3. Organizations and individuals managing and operating dedicated inland waterway routes have the responsibility to determine the protection range, organize the setting of boundary markers, manage, and protect boundary markers within the scope of channels under their management according to the guidance of specialized management agencies. When implementing, they must coordinate with the local Department of Transportation to guide implementation.

4. Project investors for upgrading, improving, opening new channels, and inland waterway routes when handing over completed inland waterway routes to regional inland waterway management agencies must hand over complete land clearance files, protection ranges of inland waterway transport infrastructure structures, and boundary markers.

Chapter V

PROVISIONS ON PROJECTS CONSTRUCTING WORKS RELATED TO

INLAND WATERWAY TRANSPORT

Article 16. Projects Constructing Works Related to Inland Waterway Transport

1. Projects constructing works related to inland waterway transport when establishing investment projects must have written agreement opinions and before construction of the works, must have written approval of the safety assurance plan for inland waterway transport from the competent authority prescribed in Articles 17 and 21 of this Circular.

2. Projects constructing works related to inland waterway transport include:

a) Building permanent bridges, temporary bridges, harbor basins, ferry terminals, cargo handling ports and passenger embarkation/disembarkation ports, power plants, thermal power plants, floating structures, submerged structures on inland waterways;

b) Building overhead or underwater pipelines crossing channels;

c) Building retaining walls, dams, hydroelectric power plants, irrigation works, other rectification works (excluding emergency flood and storm prevention and dike protection works);

d) Building fish ports; ports and berths performing security and defense duties;

đ) Excavating (excluding annual maintenance dredging of inland waterways and dredging combined with product recovery to ensure transportation);

e) Exploiting resources;

g) Conducting salvage operations, clearing obstructions.

Article 17. Competence to provide opinions on construction projects and approve traffic safety assurance plans for inland waterway transportation-related works

1. The competence to provide opinions during the project investment preparation stage is defined as follows:

a) The Ministry of Transport provides opinions in writing regarding national inland waterway security and defense works;

b) The People's Committee of the province provides opinions in writing regarding provincial inland waterway security and defense works;

c) The Vietnam Inland Waterways Administration provides opinions in writing regarding national inland waterway works, except as provided in point a, Clause 1 of this Article; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways located across the boundaries of two provinces or centrally governed cities; dedicated inland waterways connecting national inland waterways with provincial inland waterways;

d) The Department of Transport provides opinions in writing regarding provincial inland waterway works, except as provided in point b, Clause 1 of this Article; dedicated inland waterways connecting with provincial inland waterways.

2. The competence to approve traffic safety assurance plans for inland waterways is defined as follows:

a) The Vietnam Inland Waterways Administration approves traffic safety assurance plans for construction works ensuring security and defense on national inland waterways;

b) The regional inland waterway management agency approves traffic safety assurance plans for construction works on national inland waterways; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways located across the boundaries of two provinces or centrally governed cities; dedicated inland waterways connecting national inland waterways with provincial inland waterways, except as provided in point a, Clause 2 of this Article;

c) The Department of Transport approves traffic safety assurance plans for construction works on provincial inland waterways; dedicated inland waterways connecting with provincial inland waterways.

Article 18. Documents for Construction Works Related to Inland Waterway Transportation

During the project investment preparation stage for construction works related to inland waterway transportation as specified in Clause 2, Article 16 of this Circular, in addition to complying with laws on investment and construction, the investor shall submit one set of documents via postal service or directly to the authority with competence as stipulated in Article 19 of this Circular. The documents include:

1. A request document for the competent state management agency to provide an opinion in agreement according to the model prescribed in Appendix 3 of this Circular. The content of the document must clearly indicate the location, scale of the work, hydrological conditions, and main structures of the work.

2. A plan of the construction site area or a map showing the location of the work with coordinate systems and relative elevation markers linked to the national marker system. The plan must show natural cross-sectional elevations along the longitudinal section of the inland waterway for the construction site area.

3. In addition to the provisions of Clause 2 of this Article, the documents must include the following specific materials:

a) For permanent bridge, temporary bridge, and boat dock construction works: Data on ship clearance (bridge position, span, height above waterline); longitudinal cross-sections of the work shown on river cross-sections;

b) For rotating bridges, lifting bridges, raising-lowering bridges, pontoon bridges, and boat docks, the plan must clearly show the layout and technology for opening and closing, and the expected water areas allocated for waiting vessels;

c) For pipeline and overhead line works crossing over waterways: Drawings and data clearly indicating the lowest points of the lines and pipelines (lowest point of the power line including the safe distance from the power grid);

d) For underground works under waterways: Drawings showing the dimensions and elevations of the top structure of the underground works;

đ) For ferry terminal works: Drawings showing the direction and dimensions of the terminals on both banks, auxiliary structures, and necessary water areas for ferry operations;

e) For fishery ports and security-defense ports: Drawings showing the layout of the port area, dimensions and structures of the wharves, auxiliary structures, and necessary water areas for port operations;

g) For revetment and channel improvement works: Drawings showing the direction and dimensions of the works, parts of the works protruding from the bank;

h) For resource exploitation: Plans, cross-sections, and marker records to determine the locations for dredging, dumping soil, or resource extraction.

Article 19. Procedures for providing opinions on construction projects related to inland waterway traffic safety

1. Construction projects ensuring security and defense on national inland waterways:

a) The Vietnam Inland Waterway Administration shall receive the dossier as prescribed in Article 18 of this Circular; in cases where the dossier is not clear or complete as required, it shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, it must provide guidance in writing. The time limit for reviewing and requesting supplementary information in the dossier shall not exceed two working days;

b) At the latest within five working days from the date of receiving a complete and valid dossier, the Vietnam Inland Waterway Administration shall have the results of the review and submit them to the Ministry of Transport for a written response;

c) At the latest within five working days from the date of receiving a complete and valid dossier submitted by the Vietnam Inland Waterway Administration, the Ministry of Transport shall issue a written agreement.

2. Construction projects ensuring security and defense on local inland waterways:

a) The Department of Transport shall receive the dossier as prescribed in Article 18 of this Circular; in cases where the dossier is not clear or complete as required, it shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, it must provide guidance in writing. The time limit for reviewing and requesting supplementary information in the dossier shall not exceed two working days;

b) At the latest within five working days from the date of receiving a complete and valid dossier, the Department of Transport shall have the results of the review and submit them to the Provincial People's Committee for a written response;

c) At the latest within five working days from the date of receiving a complete and valid dossier submitted by the Department of Transport, the Provincial People's Committee shall issue a written agreement.

3. Projects on national inland waterway routes; dedicated inland waterways connecting with national inland waterways; dedicated inland waterways passing through two provinces or more; dedicated inland waterways connecting national inland waterways with local inland waterways:

a) The Vietnam Inland Waterway Administration shall receive the dossier as prescribed in Article 18 of this Circular; in cases where the dossier is not clear or complete as required, it shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, it must provide guidance in writing. The time limit for reviewing and requesting supplementary information in the dossier shall not exceed two working days;

b) At the latest within five working days from the date of receiving a complete and valid dossier, the Vietnam Inland Waterway Administration shall issue a written response. In case of need to extend the review period, the Vietnam Inland Waterway Administration must respond in writing stating the reasons and additional time needed.

4. Projects on local inland waterway routes; dedicated inland waterways connecting with local inland waterways:

a) The Department of Transport shall receive the dossier as prescribed in Article 18 of this Circular; in cases where the dossier is not clear or complete as required, it shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, it must provide guidance in writing. The time limit for reviewing and requesting supplementary information in the dossier shall not exceed two working days;

b) At the latest within five working days from the date of receiving a complete and valid dossier, the Department of Transport shall issue a written response. In case of need to extend the review period, the Department of Transport must respond in writing stating the reasons and additional time needed.

Article 20. Dossier for traffic safety assurance plans for construction projects related to inland waterway traffic

Before commencing construction of projects as stipulated in Clause 2 of Article 16 of this Circular, the project sponsor or organization/person undertaking the project must send one set of dossier via postal service, submit directly, or use other appropriate methods to the competent authority as prescribed in Article 21 of this Circular. The dossier includes:

1. A request for approval of the inland waterway traffic safety assurance plan according to the model prescribed in Appendix 3 of this Circular.

2. The construction plan for the project.

3. The inland waterway traffic safety assurance plan for the construction site area, including:

a) General description of the plan;

b) Overall layout drawings showing the arrangement of traffic safety signaling, positions of control stations, and arrangement of control equipment;

c) Human resource allocation plan;

d) Regulations guiding vessel passage through the construction area;

đ) Implementation timeline for the plan.

4. For adjustment plans outside the contents prescribed in Clauses 2 and 3 of this Article, the reasons for each adjustment must be clearly stated.

Article 21. Procedure for Approving Traffic Safety Assurance Plans for Construction Projects Related to Inland Waterways

1. For national inland waterways; inland waterways dedicated to connecting with national inland waterways; inland waterways dedicated located across the boundaries of two or more provinces or centrally governed cities; inland waterways dedicated connecting national inland waterways with local inland waterways:

a) The competent authority specified in points a and b Clause 2 Article 17 shall receive the dossier prescribed in Clauses 1, 2, and Clause 3 Article 20 of this Circular; in cases where the dossier is not clear or complete as required, they shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, they must provide guidance in writing. The time limit for reviewing and requesting additional information in the dossier shall not exceed 02 (two) working days;

b) At the latest within 05 (five) working days from the date of receiving the complete dossier as prescribed, the competent authority specified in points a and b Clause 2 Article 17 shall issue a written approval. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the competent authority specified in points a and b Clause 2 Article 17 must respond in writing stating the reasons and the additional time needed;

c) The project investor or organization or individual constructing the project and the competent authority specified in points a and b Clause 2 Article 17 shall jointly determine the water area and channel conditions within the construction project scope;

d) During the construction process, the project investor or organization or individual constructing the project must fully implement the traffic safety assurance plan. In cases where it is necessary to change the construction and operation plan of the project, the project investor or organization or individual constructing the project must resubmit the dossier to the competent authority specified in points a and b Clause 2 Article 17 for review and approval of the adjusted traffic safety assurance plan;

đ) The competent authority specified in points a and b Clause 2 Article 17 shall receive the dossier for adjusting the plan as prescribed in Article 20 of this Circular; in cases where the dossier is not clear or complete as required, they shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, they must provide guidance in writing. The time limit for reviewing and requesting additional information in the dossier shall not exceed 02 (two) working days. At the latest within 05 (five) working days from the date of receiving the valid dossier, the competent authority specified in points a and b Clause 2 Article 17 shall issue a written approval for the adjusted plan. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the competent authority specified in points a and b Clause 2 Article 17 must respond in writing stating the reasons and the additional time needed;

2. For local inland waterways; inland waterways dedicated to connecting with local inland waterways:

a) The Department of Transport shall receive the dossier prescribed in Clauses 1, 2, and Clause 3 Article 20 of this Circular; in cases where the dossier is not clear or complete as required, they shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, they must provide guidance in writing. The time limit for reviewing and requesting additional information in the dossier shall not exceed 02 (two) working days;

b) At the latest within 05 (five) working days from the date of receiving the complete dossier as prescribed, the Department of Transport shall issue a written approval. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the Department of Transport must respond in writing stating the reasons and the additional time needed;

c) The project investor or organization or individual constructing the project and the Department of Transport shall jointly determine the water area and channel conditions within the construction project scope;

d) During the construction process, the project investor or organization or individual must fully implement the traffic safety assurance plan. In cases where it is necessary to change the construction plan, the project investor or organization or individual constructing the project must resubmit the dossier to the Department of Transport for review and approval of the adjusted traffic safety assurance plan;

đ) The Department of Transport shall receive the dossier for adjusting the plan as prescribed in Article 20 of this Circular; in cases where the dossier is not clear or complete as required, they shall guide organizations and individuals to perfect the dossier; if the dossier is sent through postal service, they must provide guidance in writing. The time limit for reviewing and requesting additional information in the dossier shall not exceed 02 (two) working days. At the latest within 05 (five) working days from the date of receiving the valid dossier, the Department of Transport shall issue a written approval for the adjusted plan. In cases where the traffic safety assurance plan is not approved or requires an extension of the review period, the Department of Transport must respond in writing stating the reasons and the additional time needed.

Article 22. Completion and Commissioning of Projects and Works

1. Within thirty (30) days from the date of completion of construction works as specified in Clause 2 of Article 16 of this Circular, the project investor or the organization or individual conducting the construction work must perform the following tasks:

a) Install inland waterway traffic signals in accordance with regulations;

b) Organize the sweeping and clearance of obstacles that arise during the construction process within the construction water area or outside the construction water area affecting the safety of inland waterway traffic;

c) Transfer navigation channels and channel protection zones to the inland waterway management authority of the region for national inland waterways; specialized inland waterways connecting to national inland waterways; specialized inland waterways spanning two provinces or centrally-administered cities or more; specialized inland waterways connecting national inland waterways with local inland waterways or the Department of Transport for local inland waterways; specialized inland waterways connecting to local inland waterways.

2. The contents of the transfer specified in Point c of Clause 1 of this Article include:

a) Inspection and sweeping report of the construction water area after completion of the work between the project investor or the organization or individual conducting the construction work and the inland waterway management authority of the region or the Department of Transport based on the agreed inspection plan;

b) Confirmation report between the inland waterway management authority of the region or the Department of Transport and the project investor or the organization or individual confirming the installation of inland waterway traffic signals in compliance with regulations;

c) Transfer report of the construction site navigation channel between the project investor or the organization or individual conducting the construction work and the inland waterway management authority of the region or the Department of Transport based on the results of inspection, sweeping, and clearing obstacles in the construction area;

d) As-built drawings including: Overall plan showing the location of the work and the scope of inspection and sweeping, clearance of obstacles in the construction area. The plan must be confirmed by the project investor, the organization or individual conducting the construction work, and the inland waterway management authority of the region or the Department of Transport; longitudinal section of the work shown on the cross-section of the riverbed (for bridge, power line, or pipeline construction projects crossing over or under the channel), or a cross-section of the river at the location where the work has the greatest impact on inland waterway transportation in the region (for embankment, dam, dredging, and obstacle clearance construction projects), or cross-sections determined during the investment project planning phase (for dredging and resource extraction construction projects); layout diagram of inland waterway traffic signals of the work.

3. The inland waterway management authority of the region or the Department of Transport shall be responsible for monitoring, inspecting, guiding, and urging the project investor or the organization or individual conducting the construction work to comply with the provisions of Clauses 1 and 2 of this Article according to the management hierarchy.

4. When operating water discharge or flood release, the main contractor or their representative of water conservancy or hydropower works must notify the inland waterway management authority of the region to ensure the safety of inland waterway traffic downstream.

5. While the project investor or the organization or individual conducting the construction work has not yet complied with the provisions of Clauses 1 and 2 of this Article, the project investor or the organization or individual conducting the construction work shall bear responsibility for the consequences resulting from the loss of safety of inland waterway traffic in the area.

Chapter VI

REGULATIONS ON LIMITATIONS ON INLAND WATERWAY TRAFFIC,

SAFETY MEASURES FOR TRAFFIC

Article 23. Restrictions on inland waterway traffic

The cases of restricting inland waterway traffic are specified in Clause 1 of Article 21 of the Law on Inland Waterway Traffic.

Article 24. Competence to announce restrictions on inland waterway traffic

Except for the case provided for in Clause 1 of Article 25 of this Circular, the competence to announce restrictions on inland waterway traffic is as follows:

1. The Ministry of Transport shall announce restrictions on inland waterway traffic based on the proposal of the Vietnam Inland Waterways Administration for cases ensuring security and defense on national inland waterways.

2. Provincial People's Committees shall announce restrictions on inland waterway traffic based on the proposal of the Department of Transport for cases ensuring security and defense on local inland waterways.

3. The Vietnam Inland Waterways Administration shall announce restrictions on inland waterway traffic on national inland waterways; specialized inland waterways connecting with national inland waterways; specialized inland waterways located across the boundaries of two provinces or centrally governed cities or more; specialized inland waterways connecting national inland waterways with local inland waterways for cases completely prohibiting inland waterway traffic on channels for a continuous period of 24 hours or more, except for the case provided for in Clause 1 of this Article.

4. Management agencies of inland waterways in regions shall announce restrictions on inland waterway traffic within their management scope for other cases not provided for in Clauses 1 and 3 of this Article.

5. Departments of Transport shall announce restrictions on inland waterway traffic on local inland waterways and specialized inland waterways connecting with local inland waterways, except for the case provided for in Clause 2 of this Article.

Article 25. Procedures for announcing restrictions on inland waterway traffic

1. In the case of construction works:

a) Before commencing construction works, organizations and individuals shall submit one set of documents in accordance with Article 20 of this Circular through postal service or directly to the agency with authority over inland waterway traffic as stipulated in Clause 2 of Article 17 of this Circular; if the documents are unclear or incomplete according to regulations, they shall be guided to complete the documents. The time limit for reviewing and requesting supplementary documents shall not exceed two working days;

b) Within five working days from the date of receiving complete and valid documents, the agency with authority as stipulated in Clause 2 of Article 17 of this Circular shall be responsible for implementing the announcement of restrictions on inland waterway traffic.

2. In the case of ensuring security and defense on inland waterway routes, the agency proposing the announcement of restrictions on traffic shall prepare one set of documents and submit it to the agency with authority as stipulated in Clauses 1 and 2 of Article 24 of this Circular.

a) Documents include:

- General explanation of the plan;

- Overall layout drawings showing the arrangement of traffic safety signals, positions of control stations, and the arrangement of control equipment;

- Plan for arranging manpower;

- Regulations guiding vessels passing through the area or guiding vessels along alternative routes for cases prohibiting channel passage;

- Duration of implementation of the traffic restriction plan.

b) The Vietnam Inland Waterways Administration shall receive the documents and based on actual requirements, determine measures to ensure traffic safety in the area and report to the Ministry of Transport for consideration and announcement.

c) Departments of Transport shall receive the documents and based on actual requirements, determine measures to ensure traffic safety in the area and report to the provincial People's Committee for consideration and announcement.

3. In the case of organizing sports activities, festivals, or exercises on inland waterways:

a) Organizations and individuals wishing to organize such activities shall send a written request to the competent management agency regarding inland waterway traffic as stipulated in Article 24 of this Circular to propose the announcement of traffic restrictions. The request must clearly state the location, time, scope, scale of the activity, and accompanying legal documents.

b) The agency with authority to announce restrictions on inland waterway traffic shall review and determine measures to ensure traffic safety, and issue a response document within five working days from the date of receipt of the request, and implement the announcement of restrictions on inland waterway traffic. The response document must clearly state the requirements for traffic safety measures.

4. In the case of sudden obstacles; flood prevention, typhoon prevention, disaster prevention, rescue operations, the agency with authority to announce restrictions on inland waterway traffic as stipulated in Article 24 of this Circular shall base its actions on actual requirements to determine measures to ensure traffic safety and implement the announcement of restrictions on inland waterway traffic.

5. Costs for announcing traffic restrictions and costs for implementing traffic safety measures during the restricted period shall be borne by the organization or individual conducting the construction work or carrying out the activities as provided for in Clauses 2, 3, and 4 of this Article, except for cases involving sudden ownerless obstacles.

Article 26. Measures to ensure waterway traffic safety

1. Measures to ensure waterway traffic safety in cases of restricted inland waterway traffic shall be implemented as follows:

a) Ensuring waterway traffic safety through inland waterway signals when the affected area does not exceed one-third of the width of the channel;

b) Ensuring waterway traffic safety through a combination of control stations and inland waterway signals when the affected area exceeds one-third of the width of the channel.

2. The competent authority responsible for announcing restricted traffic shall consider and decide on measures to ensure waterway traffic safety as stipulated in Clause 1 of this Article.

Chapter VII

REPORTING INLAND WATERWAY TRAFFIC FLOWS

Article 27. Inland Waterway Channel Announcements

1. Regular announcements of inland waterway channels are periodic notifications made once a month regarding current technical standards of channel depths, corresponding to the water level at the time of announcement; points of restriction and control that vessels need to pay attention to while navigating to ensure waterway traffic safety.

2. Emergency announcements of inland waterway channels are notifications about sudden situations occurring on the channels and routes. Depending on specific requirements, such announcements can be made in writing, through mass media, or both methods to ensure timeliness and accuracy.

Article 28. Content of Inland Waterway Channel Announcements

1. The content of regular announcements of inland waterway channels includes:

a) Technical standards of channel depths according to the technical grade of the inland waterway route, depth within the channel width, and bottom width of shallow areas corresponding to the water level;

b) Safety considerations for waterway traffic when vessels navigate through sections with restricted channel standards (shallow areas, obstructions, bridges, construction zones affecting traffic safety, dredging operations, control measures, traffic accidents), and other related issues.

2. The content of emergency announcements of inland waterway channels includes notifications of traffic restrictions, changes in vessel routes, shifts in navigable compartments, and control measures for obstructions measured at specific locations, which are restricted for transport vessels.

Article 29. Authority to Issue Inland Waterway Channel and Route Announcements

1. The Vietnam Inland Waterways Administration shall issue regular channel announcements for the routes and channels under its management according to the form prescribed in Appendix 4 of this Circular.

2. Regional waterway management agencies shall issue emergency channel announcements for the routes and channels under their management according to the form prescribed in Appendix 5 of this Circular.

3. Departments of Transport shall issue regular channel announcements and emergency channel announcements for the routes and channels under their management according to the forms prescribed in Appendices 4 and 5 of this Circular.

4. Heads of regional waterway management units shall immediately report any sudden situations occurring on managed routes and channels and have the responsibility to periodically report the current status of the channels to the regional waterway management agency or the Department of Transport according to the management hierarchy via fax, followed by a written report according to the form prescribed in Appendix 6 of this Circular.

Article 30. Responsibilities of the agency issuing channel notifications

1. Collect all hydrological data, channel conditions, and other issues directly related to ensuring inland waterway transportation safety before issuing the notification.

2. Issue channel notifications in writing according to the prescribed format.

3. Be responsible for the information and data provided in the notifications.

4. Organize information networks, monitoring, surveying, and collecting hydrological data, channel conditions, and other issues directly related to ensuring inland waterway transportation safety for issuing channel notifications.

5. In necessary cases, contact and cooperate with relevant specialized agencies to collect data serving the issuance of inland waterway channel notifications.

6. Develop plans and budgets for implementing data collection from hydrological centers to serve channel notifications in accordance with regulations, and submit them to the competent authority for approval.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 31. Effective Date

This Circular takes effect from February 1, 2015, and replaces Circular No. 23/2011/TT-BGTVT dated March 31, 2011, issued by the Minister of Transport on the management of inland waterways.

Article 32. Implementation Organization

1. The Vietnam Inland Waterway Administration shall organize the implementation and inspection of this Circular.

2. The Director of the Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterway Administration, the Directors of Provincial Departments of Transport, and the Heads of agencies, organizations, and individuals concerned are responsible for enforcing this Circular./.