Decision No. 73/2013/QD-TTg On the trial implementation of mechanisms for dredging and maintaining maritime channels managed by the Ministry of Transport

Pursuant to …;

Regarding the pilot implementation of dredging and maintenance mechanisms for shipping channels managed by the Ministry of Transport

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

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

Pursuant to the State Budget Law on December 6, 2002;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects dated June 19, 2009;

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment on June 19, 2009;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

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

At the proposal of the Minister of Transport;

The Prime Minister issues this Decision regarding the pilot implementation of dredging and maintenance mechanisms for shipping channels managed by the Ministry of Transport,

Article 1. Pilot implementation of dredging and maintenance mechanisms for shipping channels managed by the Ministry of Transportwith the main contents as follows:

1. Purpose of the pilot implementation:

a) To establish a special management mechanism for dredging and maintenance activities of shipping channels that are suitable to actual conditions and circumstances; to implement through appropriate forms and simplified procedures, thereby facilitating, accelerating, and enhancing efficiency in carrying out dredging and maintenance work of shipping channels to meet the urgent needs of import and export cargo transportation nationwide;

b) To consolidate and enhance the effectiveness of state management activities of relevant ministries, sectors, and localities concerning maritime transport infrastructure; gradually improve the management mechanism for dredging and maintenance of shipping channels;

c) To encourage socialization of dredging and maintenance of shipping channels through combined revenue from dredged materials without using state budget funds or through open bidding with lump-sum contracts or other suitable forms to maximize social resources participating in dredging and maintenance of shipping channels, saving state budget funds, and ensuring harmonious interests between the State and investors.

2. Principles of pilot implementation:

a) In accordance with the Party's guidelines and state policies; to pilot some special mechanisms suitable to the practical operations of dredging and maintenance of shipping channels, serving as a basis for inspection, evaluation, and comparison;

b) To summarize the process of piloting the mechanism and propose the construction and improvement of the management mechanism for dredging and maintenance of shipping channels nationwide;

c) To prioritize socialization of dredging and maintenance of all shipping channels using social resources. Only use state budget funds for dredging and maintenance of shipping channels at key seaports and those without investor participation in socialized forms.

3. Scope of Application:

a) This Decision stipulates the pilot implementation of dredging and maintenance mechanisms for shipping channels currently managed by the Ministry of Transport to ensure compliance with approved design standards;

b) This Decision does not apply to dredging activities related to new construction projects of shipping channels or dredging activities that alter the approved design standards of shipping channels.

4. Applicability: This Decision applies to domestic and foreign agencies, organizations, and individuals related to the implementation of dredging and maintenance of shipping channels managed by the Ministry of Transport to ensure compliance with approved design standards.

5. Contents of the pilot implementation of dredging and maintenance mechanisms for shipping channels funded by the state budget managed by the Ministry of Transport include:

a) Regarding procedures and formalities: Based on the annual dredging and maintenance plan of shipping channels funded by economic public expenditure approved by the Ministry of Transport, the channel management agency approves the construction drawings and project estimates as the basis for implementing dredging and maintenance work; no need to prepare a project proposal or economic technical report for dredging and maintenance work;

b) Regarding warranty of works: No warranty period for dredging and maintenance results after acceptance according to regulations;

c) Regarding environmental impact assessment: For the first time implementing dredging and maintenance of shipping channels, an environmental impact report or environmental protection commitment must be submitted as required by environmental protection laws; for subsequent times, only environmental management and supervision will be conducted based on the approved environmental impact report or environmental protection commitment, except when there is a change in the location for disposing of dredged materials;

d) Selection of contractors for the construction project of dredging and maintenance of the Định An - Cần Thơ shipping channel: Implement according to the simplified direct award mechanism prescribed in Clause 2, Article 41 of the Government Decree No. 85/2009/NĐ-CP dated October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law and other relevant laws;

đ) Selection of contractors for the construction project of dredging and maintenance of the Hải Phòng and Sài Gòn - Vũng Tàu shipping channels: Implement through open bidding with lump-sum contracts; the contractor is responsible for maintaining the design standards of the shipping channel throughout the year or within a specified period with fixed funding based on the dredging and maintenance plan and lump-sum contract, without adjusting the implementation costs;

e) Selection of contractors for the construction project of dredging and maintenance of the remaining shipping channels: Implement according to the provisions of the law on bidding.

6. Regarding sources of funding:

a) Ensure balanced allocation of state budget funds annually to carry out dredging and maintenance of important shipping channels as prescribed;

b) Carry out dredging and maintenance of shipping channels using state budget funds only for important shipping channels and those unable to mobilize socialized capital;

c) Encourage investors to participate in dredging and maintenance projects of shipping channels through socialized forms without using state budget funds.

7. Regarding payment and settlement of implementation costs:

a) Organizations and individuals participating in the socialization of dredging and maintenance of maritime channels without using state budget funds shall be responsible for making payments and finalizing accounts for implementation costs in accordance with the provisions of the law on the basis of bearing responsibility for their own capital sources and investment effectiveness.

b) Agencies, organizations, and individuals implementing dredging and maintenance of maritime channels using state budget funds shall make payments and finalize accounts for implementation costs in accordance with the provisions of the law, ensuring economy and investment effectiveness.

8. Time and phased implementation of the pilot program: The pilot mechanism for dredging and maintaining maritime channels managed by the Ministry of Transport will begin from February 1, 2014, and during the fiscal years from 2014 to 2016, except for the selection of contractors to implement dredging and maintenance projects for the Hai Phong and Saigon-Vung Tau maritime channels as stipulated in Point đ Clause 5 Article of this Decision, which will be piloted during the fiscal years from 2015 to 2016.

Article 2. Responsibilities of Ministries, Sectors, and Localities

1. The Ministry of Transport shall have the responsibility:

a) Direct the implementation of dredging and maintenance of maritime channels using state budget funds in accordance with the provisions of this Decision;

b) Take the lead and coordinate with relevant ministries, sectors, and agencies to guide procedures and processes to encourage the socialization of dredging and maintenance of maritime channels and water areas, combining product recovery without using state budget funds;

c) Provide specific guidance on procedures and processes for planning, delegation, decentralization, and responsibilities of related agencies and units in implementing the dredging and maintenance mechanism of maritime channels as stipulated in this Decision; ensuring simplicity, convenience, compliance with practical requirements, and enhancing the role, responsibility, and effectiveness of state management;

d) Review and improve technical standards and economic-technical norms related to the design, construction, and maintenance of maritime channels in accordance with legal regulations and practical requirements;

đ) Coordinate with the Ministry of Finance to allocate annual funding at the beginning of each year to timely, effectively, economically, and legally carry out dredging and maintenance of maritime channels;

e) Guide the content and implementation of lump-sum contracts for dredging and maintenance of maritime channels as stipulated in this Decision;

g) Regularly organize mid-term reviews and evaluations of the pilot program's results annually; organize comprehensive evaluations of the results when the pilot period ends and report to the Prime Minister for consideration and approval of research and development of mechanisms to manage dredging and maintenance activities of maritime channels for nationwide application;

2. The Ministry of Finance shall be responsible for:

a) Guide payment and settlement procedures for dredging and maintenance of maritime channels in accordance with this Decision;

b) Balance and allocate sufficient state budget funds annually to implement dredging and maintenance of maritime channels according to the proposal of the Ministry of Transport;

3. The Ministry of Natural Resources and Environment shall be responsible for:

a) Lead and guide related agencies and units to organize the implementation of environmental protection regulations for dredging and maintenance activities of maritime channels as stipulated in this Decision;

b) Guide related agencies and units to implement procedures for registering product recovery for socialized projects that combine dredging and maintenance with product recovery as stipulated in Directive No. 29/2008/CT-TTg dated October 2, 2008, of the Prime Minister and related legal provisions, ensuring simplicity, convenience, and speed in project implementation;

4. The Ministry of Construction leads and coordinates with the Ministry of Transport, the Ministry of Natural Resources and Environment, and provincial and centrally-administered city People's Committees to handle export procedures for salty sand for socialized projects that combine dredging and maintenance with product recovery as stipulated;

5. Provincial and centrally-administered city People's Committees shall organize the implementation of environmental laws based on their assigned functions, tasks, and authorities, approve registration for product recovery from dredging and tax, fee, and charge regimes for dredging and maintenance projects of maritime channels, ensuring promptness so that projects can be implemented as soon as possible;

6. Agencies, organizations, and individuals involved in dredging and maintenance activities of maritime channels shall implement dredging and maintenance and manage, supervise, and handle violations in these activities based on their assigned functions, tasks, and authorities in accordance with this Decision and related legal provisions;

Article 3. Implementation Provisions

1. This Decision shall take effect from February 1, 2014.

2. The Minister of Transport shall organize guidance and direct the Vietnam Maritime Administration, marine safety assurance units, and related agencies and units to implement and inspect the results of the dredging and maintenance mechanism of maritime channels as stipulated in this Decision; report to the Prime Minister on issues beyond their authority;

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for enforcing this Decision./.