Decree No. 71/2006/ND-CP On Management of Seaports and Shipping Channels

DECREE

Regarding the management of seaports and maritime channels

___________________

THE GOVERNMENT

 

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

Based on the Vietnam Maritime Code dated June 14, 2005;

Considering the proposal of the Minister of Transport.

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on investment in construction, management, operation of seaports and maritime channels, and management of maritime activities at Vietnamese seaports.

2. The provisions on maritime safety, maritime security, and prevention of environmental pollution in this Decree also apply to military ports, fishing ports, and inland waterway ports located within seaport waters.

Article 2. Applicability

1. This Decree applies to organizations, individuals, Vietnamese and foreign vessels, and relevant state management agencies involved in investment in construction, operation of seaports and maritime channels, and management of maritime activities at Vietnamese seaports.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions from those of this Decree, the provisions of such international treaties shall be applied.

Article 3. Application of Law

1. When operating at Vietnamese seaports and maritime channels, all organizations, individuals, Vietnamese and foreign vessels, and relevant state management agencies must strictly comply with the provisions of this Decree and other related laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a party.

2. In cases where there are differences in the same regulated content between the provisions of this Decree and those of other specialized legal documents issued by the Government, the provisions of this Decree shall be applied.

Article 4. Port Regulations

The Director of the Marine Port Authority shall promulish "Port Regulations" based on the provisions of this Decree and the specific conditions of the port waters and the area under their jurisdiction, after approval by the Director General of the Vietnam Maritime Administration, for the purpose of ensuring maritime safety, maritime security, and preventing environmental pollution caused by ships.

Article 5. Definitions

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

1. A seaport is an area comprising port land and port water, constructed with infrastructure and equipped with facilities for ships to enter and operate for cargo handling, passenger embarkation and disembarkation, and other services.

2. A wharf includes piers, warehouses, yards, workshops, offices, service facilities, transportation systems, communication networks, electricity, water supply, access channels to the wharf, and other auxiliary structures.

3. A pier is a fixed structure within a wharf used for ships to moor, load and unload cargo, embark and disembark passengers, and perform other services.

4. An offshore terminal area is a zone for ships to enter and operate, load and unload cargo, and perform other services at offshore facilities.

5. A maritime channel is a defined portion of water delineated by maritime navigation aids and other auxiliary structures to ensure safety for ship and other watercraft operations. Maritime channels include port channels and other maritime channels.

6. A branch port channel is a defined portion of water from the port channel to the wharf, delineated by maritime navigation aids and other auxiliary structures, to ensure safe entry and exit of ships and other watercraft to the wharf.

7. A port channel is a defined portion of water from the sea to the port delineated by maritime navigation aids and other auxiliary structures to ensure safe entry and exit of ships to the seaport.

8. A pilot station area is a water zone for ships to moor and exchange pilots.

9. A quarantine area is a delimited part of port water for ships to moor and undergo quarantine.

10. A typhoon shelter area is a delimited part of port water for ships to moor and avoid typhoons.

11. A mooring area is a delimited part of port water for ships to moor while waiting to dock at a pier, oil tanker, waiting to enter a transshipment area, waiting to pass through a channel, or performing other related maritime services.

12. A turning basin is a delimited part of port water for ships to maneuver.

13. A transshipment area is a delimited part of port water for ships to moor and perform cargo transshipment and passenger transfer.

14. Vessels include ocean-going ships, military ships, public service ships, fishing vessels, inland waterway vessels, hydrofoils, and other watercraft.

15. Ship owner means the owner of the ship, the ship manager, the ship charterer, the ship operator, or the authorized representative.

16. Port land is an area limited for constructing piers, warehouses, yards, workshops, offices, service facilities, transportation systems, communication networks, electricity, water supply, and other auxiliary structures, and installing equipment.

17. Port water is a limited area for establishing water areas before the pier, turning basin, mooring area, transshipment area, typhoon shelter, pilot station, quarantine area; areas for building port channels and other auxiliary structures.

Chapter II

INVESTMENT IN CONSTRUCTION, MANAGEMENT AND OPERATION OF SEAPORTS

AND MARITIME CHANNELS

Section 1

INVESTMENT IN CONSTRUCTION OF SEAPORTS AND MARITIME CHANNELS

Article 6. Announcement of the List of Port Categories

The Prime Minister shall announce the list of port categories based on the proposal of the Minister of Transport.

Article 7. Principles for Investment and Construction of Seaports and Shipping Channels

1. All organizations and individuals, both domestic and foreign, investing in the construction of seaports and shipping channels must comply with the provisions of this Decree, investment laws, construction laws, and other relevant laws.

2. Investment and construction of seaports and shipping channels must be consistent with the approved port development plan. The Ministry of Transport shall publicly announce the approved port planning and specific decisions to adjust wharves and piers that do not conflict with the functions of the ports within the overall planning already approved by the Prime Minister.

3. Based on the approved overall port planning, the announcement of the forms of port investment and wharf investment shall be carried out as follows:

a) The Prime Minister shall announce the form of investment for Class I seaports and particularly important wharves within Class I seaports;

b) The Minister of Transport shall announce the form of investment for wharves within Class I seaports not specified in point a of this clause;

c) The Ministers of various Ministries, Heads of agencies at ministerial level, and Chairmen of provincial People's Committees shall announce the form of investment for Class II seaports; important wharves within Class II seaports.

Article 8. Supervision of Implementation of Planning, Construction of Seaports and Shipping Channels

1. Prior to preparing the investment report for the construction of seaports, wharves, bridges, cargo transfer areas, and shipping channels, the investor shall submit to the Vietnam Maritime Administration a document requesting confirmation of compliance with the port planning. The content of the document shall clearly state the necessity, location, scale, and purpose of the seaport, wharf, bridge, cargo transfer area, and shipping channel. Within five working days from the date of receipt of the investor's document, the Vietnam Maritime Administration shall provide a response to the investor and report to the Ministry of Transport. If non-approval is given, the reasons must be clearly stated.

2. Before commencing construction of seaports, wharves, bridges, cargo transfer areas, and shipping channels, the investor shall submit to the Vietnam Maritime Administration a copy of the Decision on Investment Construction Project along with the overall layout plan, a copy of the Decision approving the design of the construction project, and the maritime safety assurance plan.

3. The Vietnam Maritime Administration shall direct the Marine Port Control Authority to supervise the implementation of planning, construction of seaports, wharves, bridges, cargo transfer areas, and shipping channels in accordance with the approved planning and ensure maritime safety.

Article 9. Supervision of Implementation of Other Construction Projects in Seaport Waters

The construction of other projects not covered under Article 8 of this Decree in seaport waters must comply with regulations concerning maritime safety, maritime security, environmental pollution prevention, investment, construction, and related laws. Prior to commencing construction, the investor shall submit a copy of the Investment Decision and the overall layout plan of the project to the Marine Port Control Authority in the area where the construction will take place to organize monitoring of the investor's construction activities to ensure maritime safety in the area.

Section 2

ANNOUNCEMENT OF PORT OPENING AND CLOSURE

Article 10. Conditions for announcing the opening of seaports and decisions to put wharfs and piers into operation

1. The seaport, wharf, and pier have been accepted and put into use according to regulations.

2. The investor has all valid documents as prescribed in Articles 12 and 13 of this Decree.

Article 11. Authority for Announcing the Opening and Closing of Seaports

1. Authority for announcing the opening of seaports:

a) The Minister of Transport announces the opening of seaports;

b) The Director of the Vietnam Maritime Administration decides to put wharfs, piers, and cargo transfer areas into use.

2. Authority for announcing the closing of seaports:

a) The Minister of Transport announces the closing of seaports;

b) The Director of the Marine Port Control Office decides temporarily not to allow vessels to enter or leave wharfs, piers, and cargo transfer areas.

Article 12. Procedures for Announcing the Opening of Seaports

1. After completing the construction of a seaport, the investor submits the following documents to the Vietnam Maritime Administration:

a) A document requesting the announcement of the opening of the seaport, specifying the name, location of the port, pilotage area, type of ships, and tonnage limit allowed to operate within the port;

b) An acceptance record for putting the completed port construction project into use, accompanied by completion drawings of the plan view, elevation view, and cross-section of the port structure. For offshore oil ports, there is no requirement for elevation and cross-section drawings of the port structure;

c) An acceptance record between the investor and competent authorities regarding the results of underwater obstacle surveys in front of the pier;

d) A maritime notice on the port channel and water area in front of the pier, accompanied by a chart. For offshore oil ports, a maritime notice on the safety zone of the offshore oil port;

đ) A document certifying that the seaport construction project meets environmental protection conditions issued by the competent authority;

e) A document certifying that the seaport construction project meets fire prevention and explosion control conditions issued by the competent authority.

2. The decision to announce the opening of the seaport shall be carried out as follows:

a) Within five working days from the date of receiving all valid documents as stipulated in Clause 1 of this Article, the Vietnam Maritime Administration sends a document to solicit opinions from the People's Committee of the province where the seaport is located. Within three working days from the date of receiving the opinion of the provincial People's Committee, the Vietnam Maritime Administration reports to the Ministry of Transport. Within five working days from the date of receiving the request document from the Vietnam Maritime Administration, the Ministry of Transport makes a decision to announce the opening of the seaport;

b) The decision to announce the opening of the seaport must clearly state the following contents: the name, location of the port, pilotage area, quarantine area; type of ship and tonnage limit of ships permitted to operate. For offshore oil ports, the decision to announce the opening of the port must also specify: the limit of the safety zone of the offshore oil port and requirements for ensuring maritime safety or other navigational instructions for vessel operations.

Article 13. Procedures for Putting Wharfs, Piers, and Cargo Transfer Areas into Operation

1. After completing the construction of wharfs, piers, and cargo transfer areas, the investor submits the following documents to the Vietnam Maritime Administration:

a) A document requesting the putting of wharfs, piers, and cargo transfer areas into operation;

b) The final acceptance record for putting the completed construction project into use, accompanied by completion drawings of the plan view, elevation view, and cross-section of the wharf, pier, or cargo transfer area structure;

c) A maritime notice with a chart of the channel leading to and from the wharf, pier, or cargo transfer area, and an acceptance record between the investor and the competent authority regarding the results of underwater obstacle surveys in front of the wharf, pier, or cargo transfer area;

d) A document certifying that the wharf, pier, or cargo transfer area construction project meets environmental protection conditions issued by the competent authority;

đ) A document certifying that the wharf, pier, or cargo transfer area construction project meets fire prevention and explosion control conditions issued by the competent authority.

2. Decision to Put Wharfs, Piers, or Cargo Transfer Areas into Operation

Within five working days from the date of receiving all valid documents as stipulated in Clause 1 of this Article, the Vietnam Maritime Administration decides to put wharfs, piers, or cargo transfer areas into operation. The content of the decision must clearly state the name, location of the wharf, pier, or cargo transfer area, type of ship, and tonnage limit of ships permitted to operate.

Article 14. Notification of Putting Other Works into Operation

1. After completing the construction of other works not falling under the works specified in Article 8 of this Decree, the investor shall submit a notification letter, acceptance certificate, or a copy of the Decision or Permit issued by the competent authority regarding the operation of the work to the Maritime Port Services Office and the Marine Safety Assurance Company in the area where the construction takes place for the purpose of protecting the work and ensuring safety for maritime activities in that area. The notification letter must clearly state: the name, location, characteristics, water boundary of the work, and related technical parameters (if any), such as: width of ship passage, height clearance, warning signs, time of navigation, depth of the work relative to sea level "0"; start or end time of the work's operation (if any) and other necessary restrictions.

2. The investor is responsible for publishing the information stipulated in Clause 1 of this Article on mass media for three consecutive periods.

3. The Marine Safety Assurance Company in the region is responsible for announcing maritime notifications regarding the information stipulated in Clause 1 of this Article according to regulations.

Article 15. Closing Seaports or Temporarily Prohibiting Ships from Entering and Leaving Seaports, Wharfs, Piers, and Cargo Transfer Areas

1. For reasons of ensuring national security, defense, or special reasons affecting the economy and society, the Ministry of Transport decides to close seaports after consulting with relevant ministries, sectors, and provincial People's Committees.

2. For reasons of ensuring maritime safety, maritime security, preventing environmental pollution, or urgent reasons, the Director of the Maritime Port Services Office decides to temporarily prohibit ships from entering and leaving seaports, wharfs, piers, cargo transfer areas, and promptly reports to relevant authorities. The Director of the Maritime Port Services Office decides to allow ships to enter and leave seaports, wharfs, piers, cargo transfer areas when the temporary prohibition reasons have been resolved.

Article 16. Procedures for Announcing Seaport Waters and Areas Managed by the Maritime Port Services Office

1. The Vietnam Maritime Administration sends the following documents to the Ministry of Transport:

a) A request for announcing seaport waters;

b) Written opinions of the relevant provincial People's Committee;

c) Nautical charts delineating seaport waters and areas managed by the Maritime Port Services Office.

2. Within fifteen working days from the date of receiving all valid documents as stipulated in Clause 1 of this Article, the Ministry of Transport decides to announce seaport waters and areas managed by the Maritime Port Services Office.

Article 17. Seaport Directory and Shipping Channels

The Vietnam Maritime Administration establishes the seaport directory and shipping channels.

Section 3

MANAGEMENT AND EXPLOITATION OF SEAPORTS AND SHIPPING CHANNELS

Article 18. Principles of Management and Exploitation of Seaports

1. Vietnamese organizations and individuals and foreign organizations and individuals investing in seaports decide on the form of management and exploitation of seaports.

2. Port wharf and pier infrastructure funded by state budget or derived from state budget capital can be leased for partial or full exploitation; other forms of management are decided by the Prime Minister. Revenue from leasing is part of the state budget revenue, used according to the State Budget Law and prioritized for investment and management of port infrastructure.

3. Selection of organizations and individuals leasing the exploitation of port wharf and pier infrastructure funded by state budget or derived from state budget capital is carried out according to the following principles:

a) For port wharf and pier infrastructure put into operation before the effective date of this Decree, the decision is made by the Prime Minister;

b) For port wharf and pier infrastructure put into operation from the effective date of this Decree, the bidding law applies.

4. The Ministry of Finance, in coordination with the Ministry of Transport, prescribes the financial mechanism for leasing the exploitation of port wharf and pier infrastructure funded by state budget or derived from state budget capital.

Article 19. Principles for Management and Operation of Shipping Channels

1. Shipping channels funded by state budget through ministries, sectors, or localities shall be managed and operated by those ministries, sectors, or localities.

2. Shipping channels funded by enterprises shall be managed and operated by those enterprises.

Article 20. Protection of Port Construction Projects and Shipping Channels

1. The Ministry of Transport and relevant ministries and sectors shall coordinate with provincial People's Committees to direct organizations to protect port construction projects and shipping channels at the local level.

2. All agencies, organizations, and individuals have the responsibility to protect port construction projects and shipping channels in accordance with the provisions of the law.

Article 21. Management of Maritime Fees and Charges

1. The management of fees and charges related to the management of ports and shipping channels shall be carried out in accordance with the provisions of the law on fees and charges.

2. The Ministry of Finance shall stipulate the rate of maritime security fee contributions for shipping channels invested in and operated by enterprises to ensure maritime safety, maritime security, and environmental pollution prevention, after consultation with the Ministry of Transport.

Chapter III

MARITIME ACTIVITIES AT PORTS AND SHIPPING CHANNELS

Section 1

PROCEDURES FOR SHIPS FROM FOREIGN COUNTRIES TO ENTER PORTS

Article 22. General Requirements for Ships Entering Ports

1. All types of foreign ships, regardless of size, nationality, and purpose of use, may only enter ports when they meet the conditions of safety, security, environmental pollution prevention, and other conditions as prescribed by law.

2. All types of foreign ships may only enter ports that have been announced and berths, wharfs that have been permitted to operate for cargo handling or passenger embarkation and disembarkation.

Article 23. Procedures for Foreign Ships to Obtain Permission to Enter Ports

1. For foreign military ships, procedures shall be implemented according to the Government's regulations on the activities of foreign military ships visiting the Socialist Republic of Vietnam.

2. For foreign ocean-going ships powered by nuclear energy, ships transporting radioactive materials, the Prime Minister shall decide on permission based on the proposal of the Minister of Transport.

3. For foreign ships invited officially by the Government of the Socialist Republic of Vietnam, procedures shall be carried out according to special regulations.

4. Foreign ships requesting to enter ports to carry out scientific research, fishing, rescue, salvage, towing within ports, training, cultural, sports, marine construction, exploration, and resource exploitation activities in Vietnam’s waters must present a permit or approval document from the relevant authority in Vietnam.

Section 2

PROCEDURES FOR SHIPS TO ENTER AND LEAVE PORTS

Article 24. Notification of Ships Entering Ports

Before a ship is expected to arrive at a port, the ship owner, ship manager, ship operator, or authorized representative (hereinafter referred to collectively as the person handling the procedure) must send a notification of the ship's arrival to the Marine Port Authority where the ship will arrive.

1. Contents of the notification:

a) Name, nationality, call sign, registration place of the ship, and name of the ship owner;

b) Length, width, height, and draft of the ship upon arrival at the port;

c) Gross tonnage, total deadweight; quantity and type of cargo carried on the ship;

d) The number of crew members, passengers, and other persons accompanying the vessel;

d) Last port of departure and the time the ship is expected to arrive at the port;

e) Purpose of arriving at the port.

For foreign ships entering Vietnam as specified in Article 23 of this Decree, when arriving at the port, they must present a permit or approval document from the relevant authority in Vietnam;

g) Name of the ship owner's agent in Vietnam (if any).

The person handling the procedure may use the "General Declaration Form" prescribed in Appendix I of this Decree to notify the ship's arrival at the port.

2. Time of notification:

a) For all types of ships, except those specified in point b of this clause: not later than eight hours before the ship is expected to arrive at the port;

b) For ships making their first entry into Vietnamese ports, military ships, ships powered by nuclear energy, ships transporting radioactive materials, and ships invited officially by the Government of the Socialist Republic of Vietnam: not later than twenty-four hours before the ship is expected to arrive at the port.

Article 25. Reporting of vessels arriving at seaports

1. At least two hours before the vessel is expected to reach the pilot station, the person handling procedures must accurately report to the relevant Maritime Port Management Office the exact time of arrival of the vessel. In cases where there are sick persons, deceased persons, rescued persons from the sea, or illegal immigrants on board, the shipowner must clearly inform the names, ages, nationalities, health conditions, reasons for death, and related requests in the final report.

2. For inbound vessels, upon receiving the report from the person handling procedures, the relevant Maritime Port Management Office must immediately notify other specialized state management agencies to coordinate.

Article 26. Dispatching vessels into seaports

1. The Director of the Maritime Port Management Office is responsible for designating anchorage positions for vessels within port waters, no later than two hours after receiving notification that the vessel has reached the pilot station. In the case of inbound vessels, immediately after deciding to dispatch the vessel into the port, the Maritime Port Management Office must also inform other specialized state management agencies of the designated time and position for the vessel to anchor at the port.

2. Based on the type of vessel, size, cargo type, wharf, and port scheduling plan, the Director of the Maritime Port Management Office assigns the vessel an anchorage position for loading/unloading cargo and embarking/disembarking passengers. Only the Director of the Maritime Port Management Office has the authority to change the anchorage position already assigned to the vessel.

Article 27. Locations, deadlines, and documents for handling procedures for vessels entering seaports

1. Domestic route Vietnamese vessels:

a) Location for handling procedures: main office or representative office of the Maritime Port Management Office;

b) Deadline for the shipowner to handle procedures: no later than two hours after the vessel has anchored at the wharf or four hours after it has anchored at other locations within port waters;

c) Deadline for the Maritime Port Management Office to handle procedures:

- For ocean-going vessels: no later than one hour after the shipowner has submitted and presented all valid documents listed below:

+ Documents to be submitted (originals):

. One General Declaration Form (Annex I);

. One Crew List (Annex II);

. One Passenger List (if applicable - Annex III);

. Departure Permit from the last port.

+ Documents to be presented (originals):

. Certificate of Registration for Vessels;

. Certificates of technical safety of the vessel as prescribed;

. Crew Logbook;

. Professional certificates of crew members as prescribed.

+ For other types of vessels, submission and presentation of documents shall be carried out in accordance with relevant laws.

d) Handling procedures for domestic route Vietnamese vessels as stipulated in this clause shall be conducted by the Maritime Port Management Office.

2. Vietnamese vessels and foreign vessels entering the country:

a) Location for handling procedures: main office or representative office of the Maritime Port Management Office, except for cases specified in point b of this clause.

b) Cases where handling procedures take place on board:

- Passenger vessels;

- Situations where there are sufficient grounds to doubt the authenticity of the declaration regarding quarantine made by the shipowner or when the vessel left its last port in areas affected by human, animal, or plant diseases before arriving in Vietnam, then relevant specialized state management agencies will conduct procedures at the quarantine zone.

In both cases, these agencies must immediately inform the Maritime Port Management Office and the shipowner.

c) Deadline for the person handling procedures: no later than two hours after the vessel has safely anchored at the designated position by the Director of the Maritime Port Management Office.

d) Deadline for specialized state management agencies to handle procedures: not exceeding one hour after the person handling procedures has submitted and presented all valid documents listed below:

- Documents to be submitted (originals):

+ Three General Declaration Forms (Annex I) to be submitted to the Maritime Port Management Office, Border Guard, Customs;

+ Three Crew Lists (Annex II) to be submitted to the Maritime Port Management Office, Border Guard, Customs;

+ One Passenger List (if applicable - Annex III) to be submitted to the Border Guard;

+ One Cargo Declaration Form (Annex IV) to be submitted to Customs;

+ Two Dangerous Goods Declaration Forms (if applicable - Annex V) to be submitted to Customs and the Maritime Port Management Office;

+ One Vessel Stores Declaration Form (Annex VI) to be submitted to Customs;

+ One Crew Luggage Declaration Form (Annex VII) to be submitted to Customs;

+ One Health Quarantine Declaration Form (Annex VIII) to be submitted to the International Health Quarantine Authority;

+ One Plant Quarantine Declaration Form (if applicable - Annex IX) to be submitted to the Plant Quarantine Authority;

+ One Animal Quarantine Declaration Form (if applicable - Annex X) to be submitted to the Animal Quarantine Authority;

+ Departure Permit from the last port (original) to be submitted to the Maritime Port Management Office.

- Documents to be presented (originals):

+ Certificate of Registration for Vessels;

+ Certificates of technical safety of the vessel as prescribed;

+ Professional certificates of crew members as prescribed;

+ Crew Passports, Crew Logbooks;

+ International Vaccination Certificates of crew members;

+ Relevant documents concerning goods carried on board the vessel;

+ Health Quarantine Certificate;

+ Plant Quarantine Certificate (if applicable);

+ Animal Quarantine Certificate or Product of Animal Origin Certificate (if the goods are products of animal origin) issued by the exporting country;

+ Liability Insurance Certificate for Environmental Pollution issued by the shipowner if the vessel is specifically used for transporting oil, oil products, or other dangerous goods;

+ Passports, International Vaccination Certificates of passengers (if required by relevant specialized state management agencies).

Specifically, for vessels with a gross tonnage of 200 DWT or less operating under the flag of a neighboring country when arriving at Vietnamese ports located in border areas with that country, the documents prescribed in this clause may be exempted or reduced according to regulations of the Minister of Transport.

3. Specialized state management agencies can only require the shipowner to submit and present documents related to their management functions as stipulated in point d of clause 2 of this Article. Upon completion of the procedure, they must immediately inform the Maritime Port Management Office; if not completed, they must clearly state the reason and method of resolution.

4. Vessels that have completed entry formalities at a port in Vietnam and then proceed to another port shall not be required to complete entry formalities again as stipulated in Clause 2 of this Article. The maritime port service agency at the destination port shall base its decision to allow the vessel to operate at the port on the Port Departure Permit issued by the maritime port service agency at the previous departure port and the General Declaration submitted by the person handling the formalities. Other specialized state management agencies shall base their operations on the port transfer file (if any) provided by the corresponding agency at the previous departure port according to the provisions of the law.

5. Entry procedures for military vessels and other foreign vessels visiting Vietnam upon invitation by the Government of the Socialist Republic of Vietnam shall be carried out in accordance with separate regulations.

Article 28. Notification of Vessel Departure from Seaport

1. At least two hours before the vessel departs from the port, the person handling the formalities must notify the maritime port service agency of the vessel's name and the time it is expected to depart.

2. For vessels departing from the country, immediately upon receiving the notification content from the person handling the formalities, the maritime port service agency must promptly inform relevant specialized state management agencies to timely process the vessel's departure formalities.

Article 29. Location, Time Limit, and Documents for Vessel Departure Formalities

1. Domestic route Vietnamese vessels:

a) Location for handling procedures: main office or representative office of the Maritime Port Management Office;

b) Time limit for the shipowner to handle formalities: at least two hours before the vessel departs from the port;

c) Time limit for the maritime port service agency to handle formalities: at least one hour from the moment the shipowner has submitted and presented all valid documents specified below:

- Documents to be submitted (originals): 01 General Declaration.

- Documents to be presented (originals):

+ Certificates of the vessel and certificates of crew members' qualifications (if changed since arrival);

+ Documents related to confirmation of payment of fees, charges, fines, or settlement of debts as prescribed by law.

d) Handling procedures for domestic route Vietnamese vessels as stipulated in this clause shall be conducted by the Maritime Port Management Office.

2. Vessels departing from the country:

a) Place of formalities: main office or representative office of the maritime port service agency;

For passenger vessels specifically, the place of formalities may be on board the vessel but only if requested by a specialized state management agency.

b) Time limit for the person handling formalities: at least two hours before the vessel departs from the port. Specifically, for passenger vessels and regular route vessels,the time limit is immediately before the vessel is about to depart;

c) Time limit for specialized state management agencies to handle formalities: at least one hour from the moment the person handling the formalities has submitted and presented all valid documents listed below:

- Documents to be submitted (originals):

+ 03 General Declarations, to be submitted to the maritime port service agency, border guard checkpoint, customs checkpoint;

+ 03 Crew Lists (if changed since arrival), to be submitted to the maritime port service agency, border guard checkpoint, customs checkpoint;

+ 01 Passenger List (if changed since arrival), to be submitted to the border guard checkpoint;

+ 01 Vessel Reserve Declaration, to be submitted to the customs checkpoint;

+ 01 Cargo Declaration (if carrying cargo), to be submitted to the customs checkpoint;

+ 01 Passenger Luggage Declaration (if applicable), to be submitted to the customs checkpoint; specifically, for luggage of passengers on foreign passenger vessels arriving at and departing from the port in the same voyage, customs declaration procedures are not applied;

+ Documents issued by specialized state management agencies for the vessel, crew members, and passengers (for recovery);

- Documents to be presented (originals):

+ Certificates of the vessel (if changed since arrival);

+ Certificates of crew members' qualifications (if changed since arrival);

+ Crew Members' Passports, Passengers' Passports;

+ International Vaccination Certificates of crew members and passengers (if changed since arrival);

+ Health Quarantine Certificates (if applicable);

+ Animal Quarantine Certificates or Animal Product Certificates (if applicable);

+ Relevant documents concerning goods carried on board the vessel;

+ Documents related to confirmation of payment of fees, charges, fines, or settlement of debts (if applicable) as prescribed by law.

Article 30. Location, time limit, and documents for processing entry and exit procedures for vessels at offshore oil ports

1. The location, time limit, and documents shall be in accordance with Articles 27 and 29 of this Decree. The time limit for processing entry and exit procedures for vessels at offshore oil ports shall be deemed to have ended when the agent of the vessel owner submits all required documents to the competent state management agencies at the Maritime Branch office.

2. The documents that must be submitted and presented are regulated in Clause 1 of this Article and shall be carried out in the following sequence:

a) Upon entry, the person handling the procedure must send via fax to the Maritime Branch the following documents:

- One general declaration form;

- One crew list;

- One certificate of civil liability insurance of the vessel owner against oil pollution.

b) When the Maritime Branch receives all the documents specified in point a of this clause, it shall issue a Port Departure Permit to the vessel through the agent of the vessel owner. The agent must sign a commitment to having received the Port Departure Permit;

c) Within no more than 24 hours after returning to shore, the agent of the vessel owner is responsible for submitting all required documents (originals) and presenting all required documents (certified copies with the captain's signature and the vessel's stamp). Additionally, a certified copy of the Port Departure Permit signed by the captain and stamped by the vessel must also be submitted.

3. The provisions of this Article also apply to foreign vessels when processing entry and exit procedures outside the territorial waters of Vietnam to conduct exploration, surveying, exploitation of oil and gas, oil services, and construction of marine works.

Article 31. Conditions for Vessels to Depart from Ports

1. Vessels may only depart from the port after completing the procedures stipulated in Article 29 of this Decree and obtaining a Port Departure Permit from the Director of the Maritime Branch in accordance with the model prescribed in Appendix XI of this Decree, except in the cases provided for in Clauses 2 and 3 of this Article.

2. The Director of the Maritime Branch will not issue a Port Departure Permit to vessels in the following situations:

a) The vessel does not meet the necessary safety conditions related to the hull, equipment, crew capacity, and professional competence of the crew, food, fuel;

b) The actual draft exceeds the permitted freeboard limit or the vessel is tilted more than 08 degrees in a floating state or the hull is actually not watertight;

c) The vessel is carrying bulk cargo, grains, oversized or overweight cargo, dangerous goods, or cargo on deck without adequate protective measures appropriate to the principles of transporting such types of cargo;

d) The vessel has not been repaired or supplemented with maritime safety, maritime security, and environmental protection conditions according to the requirements of the Maritime Branch, the Marine Inspection Agency, or the ship classification agency;

đ) There is a detected other risk threatening the safety of the vessel, persons, cargo on board, and the marine environment;

e) There is an arrest order for the vessel or cargo on board issued by the court or authorized agency as prescribed by law.

3. If a vessel that has already been granted permission to depart from the port remains in the port for more than 24 hours from the time of receiving the Port Departure Permit, it must reprocess the departure procedures.

4. In cases where a vessel only temporarily stays in the port for up to 12 hours, the captain must inform the relevant Maritime Branch. The Maritime Branch must coordinate with relevant specialized state management agencies to arrange for the vessel to enter and depart the port simultaneously.

Article 32. Foreign vessels transiting

1. Application procedures, notification, confirmation:

a) Application procedures:

- Not later than 12 hours from the time the vessel is expected to arrive at the anchorage area for transit, the person handling the procedure must submit the Transit Permit Application Form to the Port Authority in that area in accordance with Clause 1 of Article 24 of this Decree.

- Not later than 02 hours from the time of receiving the application form as stipulated in point a of this clause, the Port Authority must issue the Transit Permit in accordance with the model specified in Appendix XII; in case of non-approval, a written response with clear reasons must be provided.

b) Notification, confirmation:

The notification and confirmation shall be carried out in accordance with Articles 24, 25, and 28 of this Decree.

2. Location, time limit, and documents when handling procedures:

a) The location and time limit for handling procedures shall be in accordance with Articles 27 and 29 of this Decree.

b) Not later than 02 hours before the start of the transit operation, the person handling the procedure must submit and present to the Port Authority managing the anchorage area for transit the following documents:

- Documents to be submitted (originals):

+ 01 general declaration form;

+ 01 crew list;

+ 01 passenger list (if applicable);

+ 01 cargo declaration form (if applicable).

- Documents to be presented (originals):

+ Certificate of Registration for Vessels;

+ Certificates on technical safety of the vessel as prescribed;

+ Crew members' professional qualification certificates as prescribed;

+ Crew Passports, Crew Logbooks;

+ Liability Insurance Certificate for Environmental Pollution issued by the shipowner if the vessel is specifically used for transporting oil, oil products, or other dangerous goods;

+ Passports of passengers (if applicable).

3. Immediately after issuing the Transit Permit in accordance with the model specified in Appendix XII of this Decree, the Port Authority must notify other relevant Port Authorities along the transit route, specialized state management agencies such as border control, customs, and other specialized state management agencies to coordinate in managing the transit activities of the vessel.

Article 33. Time for handling procedures

State specialized management agencies at ports handle vessels entering and leaving the port 24/7, including holidays and public holidays.

Article 34. Forms of declaration

1. Declarations for handling procedures for vessels entering and leaving seaports and transiting shall be made according to the forms specified in the Appendices of this Decree.

2. Submission or transfer of declaration documents to specialized state management agencies at seaports can be done via fax, email, postal service, or direct delivery.

Section 3

USE OF PILOTS FOR SEAGOING VESSELS

Article 35. Cases exempted from using pilots for seagoing vessels

1. Foreign vessels with a gross tonnage under 100 GT.

2. Vietnamese vessels with a gross tonnage under 2,000 GT.

3. Vessels with a Vietnamese captain who has been issued a certificate of professional qualifications for piloting and a certificate of pilotage area suitable for the type of vessel and the pilotage area where the vessel is operating, may self-navigate but must report in advance to the relevant Marine Port Authority.

4. Captains of vessels specified in Clauses 1, 2, and 3 of this Article may request a pilot if deemed necessary.

Article 36. Time for providing pilot services

1. Not later than 06 hours before the expected time of boarding the pilot, the master or agent of the shipowner, or the operator of the vessel must send a request for pilot services to the pilot organization; except in urgent cases to prevent maritime accidents, the deadline may be shorter. If there is a need to change the boarding time or cancel the pilot request, the pilot organization must be notified at least 03 hours before the expected boarding time.

2. The pilot must wait at the agreed location not exceeding 04 hours from the expected time of boarding the pilot; if this period is exceeded, the pilot request is considered canceled, and the person requesting the pilot must pay waiting fees as prescribed.

3. Not later than 01 hour after receiving the pilot request, the pilot organization must confirm back to the Marine Port Authority, the person handling the procedure, and the vessel operator about the expected location and time of the pilot boarding the vessel. If the pilot boards the vessel later than the confirmed time and location, causing the vessel to wait or move to another location, the pilot organization must pay waiting fees for the vessel as prescribed.

Section 4

ACTIVITIES OF VESSELS IN PORT WATER ZONES

Article 37. Requirements for the Operation of Ships and Vessels

1. All orders issued by the Director of the Maritime Port Control regarding the operation of ships and vessels at seaports must be promptly, accurately, and fully executed. Upon receiving the order, if the captain deems it impossible to immediately comply due to insufficient conditions, he shall report to the Maritime Port Control for timely resolution. Without the order of the Director of the Maritime Port Control, sea-going vessels may not move, anchor, or change position within the maritime channel, waters before the port bridge, and other restricted areas as specified by the Director of the Maritime Port Control.

2. When operating in the waters of Vietnamese seaports, all ships and vessels must comply with the Rules for Preventing Collisions at Sea.

3. When operating in the waters of seaports, the captain must comply with the following regulations:

a) Maintain communication with the Maritime Port Control through the VHF radio on the designated channel;

b) Fully comply with speed limits through channels, warning signals, watchkeeping arrangements, and other regulations. Must proactively adjust speed to a safe level when passing through areas with underwater activities, dredging operations, buoy deployment, salvage operations, fishing activities, or when passing through anchored or moored vessels in that area;

c) Outside of designated hours, ships and vessels are not allowed to pass through narrow channels, areas with restricted requirements, or under high-voltage power lines where the height of the ship exceeds the permitted clearance height;

d) The anchor and similar equipment must always be in a state of readiness to quickly execute the captain's commands;

đ) Prohibit dragging or pulling anchors underwater while operating in channels or canals, except in emergency situations necessary to reduce the vessel's momentum and avoid potential accidents;

e) Implement regulations on the use of tugboats for assistance in port waters. Based on actual conditions and to ensure maritime safety in the area, the Director of the Maritime Port Control will specify the number and horsepower of tugboats required for assisting sea-going vessels in port waters;

4. In addition to complying with the provisions of this Article, the captain or person in charge of specialized ships used for channel dredging, installation of maritime signals, sand extraction, surveying, measurement, pile driving machines, floating cranes, and other construction equipment must obtain permission from the Maritime Port Control in the relevant area before commencing operations in port waters. During operations, they must maintain necessary warning signals and comply with all instructions from the Maritime Port Control;

5. Strictly prohibit crew members on board from engaging in transactions with anyone other than pilots and public servants handling entry and exit procedures on the vessel until the vessel has completed its entry formalities or after it has completed its exit formalities.

Article 38. Requirements for Anchoring of Ships and Vessels

1. If a ship or vessel drifts or changes anchorage due to external factors, appropriate measures must be taken immediately and reported to the Maritime Port Control.

2. Once safely anchored at designated positions, the main engine of the ship must always be kept in a state of readiness for immediate operation when needed. On the deck and sides of the ship, there must be lighting visible at night or when visibility is limited. Depending on the time of day or weather conditions, appropriate warning signals or sound signals must be maintained.

3. Non-self-propelled watercraft and other primitive watercraft may only anchor in designated areas, and during anchoring, there must always be sufficient personnel and tugboats with suitable horsepower available for immediate dispatch when needed.

Article 39. Responsibilities of Port Enterprises

1. Arrange berthing locations for vessels and report to the Maritime Port Authority.

2. After receiving the Maritime Port Authority's notification on the plan to move vessels into the port, the port enterprise must fulfill the following requirements:

a) Arrange gangways so that no other means obstruct vessel docking. The length of the gangway section intended for vessel docking must be at least 20 meters longer than the maximum length of the vessel.

b) The port wharf must have sufficient lighting at night and no objects on the wharf surface that could impede or pose danger to vessel anchoring or other normal crew and passenger activities.

c) Arrange skilled workers to serve mooring and unmooring operations. Mooring posts must be prepared to allow quick and safe mooring and unmooring operations. Warning signals appropriate to the mooring and unmooring positions must be maintained (red flags during the day - red lights at night).

d) Wharf preparation must be completed at least one hour before the expected vessel anchoring time if the vessel is coming from the sea, and thirty minutes if the vessel is moving within the port water area.

đ) Ensure security conditions in the wharf area where vessels dock for cargo handling or passenger embarkation/disembarkation.

Article 40. Berthing alongside vessels

1. The Maritime Port Authority may only arrange for vessels to berth alongside each other with the agreement of the respective captains, but must ensure the following principles:

a) Vessels with a gross tonnage of 1,000 GT or more can berth two abreast. Other types of vessels can berth three abreast but must not obstruct normal activities in the port channel and waters in front of the wharf. The Director of the Maritime Port Authority will arrange for vessels to berth alongside differently based on maritime safety conditions.

b) Larger vessels shall not berth alongside smaller vessels from the outside.

c) Between vessels berthing alongside each other, shock absorbers, ladders, and properly secured ropes must be arranged.

d) Only vessels providing water, fuel, provisions, equipment, and supplies, pilot boats, firefighting vessels, and passenger transfer vessels from passenger ships or similar service vessels may berth alongside passenger ships.

2. Captains must use suitable ropes when berthing vessels; it is prohibited to secure ropes to port structures such as beams, frames, or other constructions that are not designated for securing vessels.

Article 41. Duty watch when vessels operate at the port

1. During the time vessels operate at the port, the captain must arrange crew members to vigilantly guard and be ready to handle drifting anchor, broken mooring ropes, or excessively tight or slack mooring ropes; simultaneously, they must keep rescue and firefighting machinery and equipment, and emergency medical supplies in a state of readiness.

2. On board the vessel, there must always be two-thirds of the crew when anchored at the wharf or one-third of the crew when anchored at other positions within the port water area, with all necessary ranks to maneuver the vessel or handle emergencies.

3. The Director of the Maritime Port Authority has the responsibility to inform the captain specifically about changes in geographical, hydrological conditions, storms, and necessary preventive measures in the port area where the vessel is operating.

4. In case of a storm, all vessels must quickly move to the storm shelter area designated by the Director of the Maritime Port Authority.

Article 42. Procedure for Temporary Detention of Seagoing Vessels

1. The Director of the Maritime Port Management shall issue a Decision on Temporary Detention of Seagoing Vessels in cases stipulated in Clause 1 of Article 68 of the Vietnam Maritime Code. The Decision on Temporary Detention of Seagoing Vessels shall be immediately sent to the ship's captain, the Vietnam Maritime Administration, and relevant state management agencies at the seaport.

2. The contents of the Decision on Temporary Detention of Seagoing Vessels include:

a) Name and nationality of the detained vessel;

b) Reason for the temporary detention of the vessel;

c) Time when the temporary detention begins;

d) Requirements that must be fulfilled;

đ) Other necessary contents related to the temporary detention of the vessel.

3. Upon receiving the Decision on Temporary Detention of Seagoing Vessels from the Director of the Maritime Port Management, the ship's captain or the vessel owner, and the vessel operator must comply with the requirements specified in Point d of Clause 2 of this Article.

4. After the reason for the temporary detention of the vessel no longer exists, the Director of the Maritime Port Management shall issue a decision to terminate the temporary detention of the vessel, and send it to the ship's captain, the Vietnam Maritime Administration, and relevant state management agencies at the seaport.

5. The contents of the Decision to Terminate the Temporary Detention of the Vessel include:

a) Name and nationality of the detained vessel;

b) Time when the temporary detention ends;

c) Other necessary contents related to terminating the temporary detention of the vessel.

Section 5

RESCUE AND HANDLING OF MARITIME ACCIDENTS

Article 43. Obligation to Rescue

1. Rescuing people and vessels in distress occurring at the port is a mandatory obligation for all organizations, individuals, vessels, and other means of transport operating within the seaport.

2. When discovering an accident or a risk of an accident, the person who discovers it must immediately issue rescue signals as prescribed and promptly implement appropriate preventive rescue measures to save lives, property, and minimize losses.

3. In case of an accident, the captains of related vessels and the captains of other vessels must promptly organize search and rescue operations for those in danger of losing their lives and urgently carry out necessary measures to save lives, vessels, and cargo. Vessels with lesser damage must assist vessels with greater damage, regardless of whether they caused the accident.

4. The Director of the Maritime Port Management has the authority to mobilize all forces, equipment, vessels, and other means of transport available in the port to assist in rescuing people and vessels in distress. All relevant organizations and individuals have the obligation to comply with the Director of the Maritime Port Management's requests to participate in rescue activities.

Article 44. Reporting Obligation for Maritime Accidents

The ship's captain has the duty to report to the Director of the Maritime Port Management about maritime accidents, incidents involving their own vessel, other maritime accidents and incidents, and any malfunctions or deviations in the maritime signaling system in the port waters if discovered.

Chapter 6

ENSURING SAFETY, ORDER, AND SANITATION AT THE SEAPORT

Article 45. Flag Display for Vessels

1. The flag display for vessels operating at the port is regulated as follows:

Foreign vessels must fly the national flag of the Socialist Republic of Vietnam at the highest mast of the vessel from sunrise until sunset.

For Vietnamese vessels, the national flag of the Socialist Republic of Vietnam must be flown at the bow mast.

2. On National Day of the Socialist Republic of Vietnam or when the head of state visits the port, upon request of the Director of the Maritime Port Management, all vessels moored or anchored in the port must fly ceremonial flags.

3. Foreign vessels wishing to fly ceremonial flags, mourning flags, or sound horns during their own country’s ceremonies must notify the Maritime Port Management in advance.

4. The Director of the Maritime Port Management may exempt certain simple watercraft from the obligation to fly the national flag while operating in the port waters.

5. The flag display regulation stipulated in Clause 1 of this Article for foreign military vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam shall be implemented in accordance with Vietnamese law.

Article 46. Stairs and Mooring Lines for Ships

1. Stairs leading to and from ships must be illuminated and adjusted according to the draft of the ship at different times of the day, ensuring safety and not posing danger to users. The stair area must have personnel on duty and lifebuoys as prescribed. Stairs must have handrails and protective nets below.

2. Mooring lines must have mouse guards as prescribed.

Article 47. Safety, Order, and Sanitation on Ships

1. All types of ships must clearly display their name or number and registration place as prescribed.

2. The captain of the ship is responsible for ensuring safety, order, and sanitation on board the ship in accordance with Vietnamese law.

3. In addition to crew members and passengers traveling on the ship, only individuals with duties introduced by authorized agencies or organizations may board the ship when it is moored in port waters; for foreign ships, they must also have a Landing Permit issued by the Border Guard Port Control Unit. The captain is responsible for allowing unauthorized persons to board the ship.

4. When ships are moored in port waters, the following actions are prohibited:

a) Honking horns or using loudspeakers to communicate, except in cases of emergency signals or horn salutes upon orders of the Maritime Port Director;

b) Cleaning chimneys or emitting black smoke;

c) Washing cargo holds or decks causing environmental pollution;

d) Pumping out dirty water, sediment, waste, oil, or oil-containing compounds and other harmful substances;

đ) Dumping garbage or other objects into the water or onto piers;

e) Leaving equipment and property scattered on the pier surface;

g) Rust removal or painting the ship causing environmental pollution;

h) Conducting repairs, engine tests, or horn tests without permission from the Maritime Port Authority;

i) Using lifesaving and firefighting equipment for purposes other than intended;

k) Swimming or causing disorder within the port.

Article 48. Disposal of Garbage and Discharge of Ballast Water

1. Ships operating in ports must follow the regulations and instructions of the Maritime Port Authority regarding garbage disposal, pumping out dirty water, and ballast water discharge.

2. Port enterprises or organizations providing cleaning services for ships in ports must arrange facilities to collect garbage and dirty water from ships and charge service fees as prescribed.

Article 49. Sports Events and Military Drills

The organization of sports competitions, military drills, and similar activities in port waters shall comply with Vietnamese law and can only proceed after written approval from the Maritime Port Director.

Article 50. Transport of People and Goods and Fishing Activities in Port Waters

1. Ships transporting people and goods in port waters must comply with relevant laws.

2. The installation of anchors, fishing, and aquaculture in port waters must comply with relevant laws and require permission from the Maritime Port Director.

Article 51. Responsibilities of Captains During Cargo Handling, Repairs, and Ship Cleaning

1. Before commencing cargo handling, repair, and ship cleaning activities, the captain must prepare necessary conditions for maritime safety and labor protection and strictly adhere to related legal provisions.

2. The captain may only allow cargo hold covers to be opened or personnel to enter cargo holds after inspection and confirmation that there are no hazardous conditions present.

3. During cargo operations, if unsafe signs are detected, the captain or cargo handling activity supervisor must immediately halt work to address the issue.

4. In case of a workplace accident on the ship, the captain must promptly organize first aid for the injured, implement necessary measures to limit further consequences, and immediately report to the Maritime Port Authority and comply with relevant legal provisions.

Article 52. Ensuring Order and Safety in Port Areas

1. The General Director of the port enterprise shall be responsible for organizing and directing the activities of the port security force in accordance with relevant legal regulations and the actual conditions at the port managed and operated by their own enterprise.

2. Based on management requirements, specialized state management agencies such as border guards and customs at seaports may use the port gate to serve their tasks after reaching an agreement with the port enterprise.

3. All persons and means of transport permitted to operate within the port area must comply fully with all relevant legal regulations of Vietnam.

Section 7

FIRE PREVENTION AND EXPLOSION CONTROL

AND ENVIRONMENTAL POLLUTION PREVENTION

Article 53. Responsibilities of Port Enterprises and Vessels for Fire Prevention and Explosion Control

1. Captains of vessels operating at seaports have the obligation to implement and supervise the implementation of fire prevention and explosion control regulations.

2. Fire prevention and explosion control equipment of the port and vessels must always be in a ready-to-operate condition and must be placed in designated locations.

3. At all places prone to fire and explosion or other areas within the port and on vessels, warning signs or instructions must be displayed according to legal provisions.

4. Personnel performing duties at places prone to fire and explosion on vessels and in the port must be proficiently trained in fire prevention and explosion control operations.

5. When receiving fuel, the following must be done:

a) Prepare firefighting and explosion prevention equipment;

b) Close side doors on the side where the fuel supply vessel is located;

c) Adhere to all technical safety procedures and rules when receiving fuel;

d) Arrange personnel to stand watch on deck and at the fuel reception point.

6. It is strictly prohibited to use fire prevention and explosion control equipment of the port and vessels for other purposes.

7. It is strictly prohibited to perform work that produces sparks on deck, cargo holds, engine rooms without permission from the Maritime Port Authority.

8. When receiving fuel, the following actions are prohibited:

a) Allowing other vessels to dock alongside;

b) Pumping fuel through pipes, hoses, or couplings not meeting technical standards;

c) Receiving fuel while passengers are still on board (for passenger vessels).

9. Before granting permission for ship repairs, cleaning, or other maritime activities in port waters that may affect fire prevention and explosion control plans, the General Director of the Maritime Port Authority must seek professional opinions from local fire prevention and explosion control authorities.

Article 54. Coordination in Organizing Fire Prevention and Explosion Control at Ports

1. The General Director of the Maritime Port Authority is responsible for coordinating with specialized fire prevention and explosion control agencies in their jurisdiction to develop necessary fire prevention and explosion control plans for vessels operating in that area in accordance with relevant regulations.

2. The General Director of the Maritime Port Authority is responsible for commanding rescue operations for vessels involved in fires or explosions in port waters until the competent authority of the specialized fire prevention and explosion control force arrives at the scene.

3. The General Director of the port enterprise is responsible for commanding preventive measures against fires and explosions occurring in the port area until the competent authority of the specialized fire prevention and explosion control force arrives at the scene.

Article 55. Requirements for Oil Tankers and Other Hazardous Cargo Ships

In addition to relevant laws on environmental pollution prevention, all oil tankers and other hazardous cargo ships operating at seaports must strictly comply with the following requirements:

1. It is prohibited for two ships to simultaneously load or unload flammable or explosive goods alongside each other, except in cases of fuel supply and transfer between ships.

2. All types of oil tankers or other hazardous cargo ships are only permitted to load or unload goods in designated areas. Such ships are not allowed to anchor in unauthorized locations.

3. The designated areas under Clause 2 of this Article must be equipped with necessary firefighting, explosion prevention, and environmental pollution prevention equipment. Throughout the loading and unloading process, all such equipment must be kept in a state of readiness.

4. Loading, unloading, and storage of flammable, explosive goods, or other hazardous materials must strictly adhere to current safety technical procedures and rules.

5. When assembling oil pumping equipment, ship captains and related parties must appoint representatives to jointly inspect and supervise.

6. In case of incidents or accidents related to oil pumping or loading/unloading of other hazardous goods, the captain must immediately stop the operation and take effective preventive measures, while promptly reporting to the Maritime Port Authority and relevant authorities for coordinated rescue operations.

Article 56. Requirements for Environmental Pollution Prevention

1. All organizations, individuals, and vessels operating at seaports have the obligation to implement legal provisions on environmental pollution prevention.

2. In addition to the provisions of Clause 1 of this Article, vessels operating at seaports must also comply with the following requirements:

a) All valves and equipment on vessels from which harmful substances may leak must be closed, shut down, sealed with lead seals, and marked with warning signs. Removal of seals or discharge of waste or dirty water through these valves or equipment can only be done with the consent of the Maritime Port Authority Director and under direct supervision of the authority's staff.

b) When pumping dirty water or oily wastewater through deck pipelines, all deck scuppers must be plugged, and drip pans must be placed at pipeline connections.

c) All activities related to oil pumping, discharge, or other hazardous substance handling must be meticulously recorded in a separate logbook and made available for inspection by authorized Vietnamese officials when required.

Article 57. Reporting Environmental Pollution Incidents at Seaports

1. Reporting of environmental pollution incidents occurring at seaports must be carried out according to legal regulations.

2. In addition to the provisions of Clause 1 of this Article, all vessels operating at seaports must comply with the following requirements:

a) If a risk or act of environmental pollution is discovered, it must be reported immediately to the Maritime Port Authority, and the time, location, and characteristics of the incident must be clearly recorded in the ship's logbook.

b) If an environmental pollution incident arises from their own vessel, they must immediately apply effective preventive measures and report promptly to the Maritime Port Authority.

Chapter IV

COORDINATION OF ACTIVITIES AMONG SEAPORT STATE MANAGEMENT AUTHORITIES

SPECIALIZED AUTHORITIES

Article 58. Principles for Coordinating Management Activities

1. Specialized state management agencies at seaports must perform their tasks in accordance with the provisions of the law, without causing inconvenience or adversely affecting the operations of port enterprises, ship owners, cargo owners, vessels, and other organizations and individuals within the port. The Maritime Port Authority is the leading agency responsible for coordinating activities among specialized state management agencies at seaports.

2. Specialized state management agencies at seaports have the responsibility to closely coordinate when performing tasks to facilitate safe and efficient operations for port enterprises, ship owners, cargo owners, vessels, and other related organizations and individuals.

3. In cases where issues arise concerning the functions of other specialized state management agencies, they must be discussed and resolved promptly; if any agency does not agree, it must immediately inform the Maritime Port Authority of the reasons and measures for resolution according to the law.

4. Only when the place for handling procedures is on board the vessel as stipulated in point b, Clause 2, Article 27, and point a, Clause 2, Article 29 of this Decree, or in special circumstances decided and responsible for by the Director of the Maritime Port Authority, may specialized state management agencies form a procedure team led by a representative from the Maritime Port Authority, with each agency sending only one person to participate; specifically for passenger ships, to expedite the handling of procedures, specialized state management agencies regarding border control and customs may send additional personnel to join the team, but the number must be approved by the Director of the Maritime Port Authority. If it is not necessary to go on board the vessel, specialized state management agencies may not send representatives to the procedure team as provided in this clause, but must immediately inform the Maritime Port Authority of the results of their own procedure handling.

5. When issues arise that exceed the authority of a specialized state management agency to resolve, such agency must promptly report to its superior agency for immediate resolution. If deemed necessary, relevant ministries and sectors shall cooperate with the Ministry of Transport to resolve the issue, but no later than four hours after receiving the report, they must notify the decision on handling to the concerned agencies, organizations, and individuals.

6. During the performance of their duties, specialized state management agencies have the responsibility to coordinate with other related agencies and organizations in the area to strictly implement legal regulations for all maritime activities at seaports.

Article 59. Responsibilities for Coordinating Management Activities

1. In organizing coordination of management activities among specialized state management agencies at seaports, the Maritime Port Authority has the following responsibilities:

a) To lead and manage the coordination of management activities among specialized state management agencies at seaports;

b) To organize and chair meetings with specialized state management agencies or with other related agencies, organizations, and enterprises in the port area to discuss and reach consensus on resolving arising issues;

c) To request other specialized state management agencies at seaports to promptly report the results of handling procedures and measures for resolving arising issues; to request port enterprises, ship owners, vessels, and other related agencies and organizations to provide data and information about maritime activities at seaports;

d) To recommend to the Chairman of the People's Committee of the province in the area to promptly resolve arising issues within the provincial or city's jurisdiction related to specialized state management at seaports.

2. Other specialized state management agencies at seaports have the following responsibilities:

a) To closely coordinate to promptly and legally handle procedures related to vessels, goods, passengers, and crew members operating at seaports in accordance with this Decree;

b) To promptly inform the Maritime Port Authority of the results of handling procedures related to vessels, goods, crew members, and passengers operating at seaports;

c) After receiving and processing information provided by the Maritime Port Authority or the ship owner and upon completing the procedures or encountering arising issues, they must immediately inform the Maritime Port Authority to coordinate prompt resolution.

Article 60. Specialized Inspection, Supervision, Oversight at Seaports

1. The inspection, supervision, oversight activities of specialized state management agencies and other competent authorities towards vessels, cargo, passengers, crew members, and other subjects when operating at seaports shall be carried out in accordance with the provisions of this Decree and relevant laws.

2. Direct supervision and oversight on board vessels by specialized state management agencies may only be conducted in the following cases:

a) Vessels showing clear signs of violating the law.

b) Situations necessitating security, defense, disease prevention, public order, and social safety.

3. Strictly prohibited are acts of arbitrary power, self-interest, corruption, harassment, causing inconvenience, and other negative behaviors by officials, civil servants, and staff of specialized state management agencies and other competent authorities when performing assigned tasks; all violations will be dealt with according to the law.

Article 61. Responsibilities of Ministries, Sectors, and Localities for the Activities of Specialized State Management Agencies at Seaports

1. Ministries, sectors, and localities are responsible for directing and guiding the effective coordination of activities of subordinate specialized state management agencies in state administration at seaports.

2. Inspecting and auditing the activities of subordinate specialized state management agencies and strictly handling any violations according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 62. Effective Date

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette and revokes Government Decree No. 160/2003/NĐ-CP dated December 18, 2003, regarding the management of maritime activities at seaports and maritime zones in Vietnam, and Decision No. 133/2003/QĐ-TTg dated July 4, 2003, of the Prime Minister on the management of maritime channels.

2. Twelve appendices are promulgated together with this Decree.

Article 63. Implementation Organization

1. The Minister of Transport shall be responsible for leading and coordinating with relevant ministries, sectors, and provincial people's committees under the central government to implement this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.