Decree No. 76/2021/NĐ-CP on criteria for classifying seaports

DECREE

Regulations on criteria for classifying seaports

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Vietnam Maritime Code on November 25, 2015;

At the proposal of the Minister of Transport;

The Government promulgates this Decree stipulating criteria and procedures for evaluating and classifying seaports in Vietnam.

Article 1. Scope of Regulation

This Decree stipulates criteria, evaluation procedures, and classification procedures for seaports in Vietnam.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to planning, investment in construction, management, operation, and utilization of seaports in Vietnam.

Article 3. Criteria for classifying seaports

1. Criteria for evaluating and classifying seaports in Vietnam include: criteria regarding the scope of influence of seaports and criteria regarding the scale of seaports.

2. Criteria regarding the scope of influence of seaports The criteria regarding the scope of influence of seaports are evaluated based on the overall master plan for developing the seaport system approved by competent state authorities, through the following indicators:

a) Seaports serving the development of the national economy and society or inter-regional development and having international transshipment functions or international gateway port functions;

b) Seaports serving the development of the national economy and society or inter-regional development;

c) Seaports serving the development of regional economies and societies;

d) Seaports serving the development of local economies and societies.

3. Criteria regarding the scale of seaports The criteria regarding the scale of seaports are evaluated based on cargo throughput and vessel capacity received at seaports, through the following indicators:

a) Cargo throughput at seaports;

b) Vessel capacity received at seaports.

Article 4. Methods for evaluating and classifying seaports

1. Evaluation and classification of seaports are conducted using a scoring method. The evaluation scale is 100 points. The specific evaluation scale is determined for each criterion and detailed in the Appendix attached to this Decree.

2. Seaports are evaluated and classified into four types

a) Special seaports: achieving a total score of over 90 points;

b) Type I seaports: achieving a total score of over 70 points up to 90 points;

c) Type II seaports: achieving a total score from 50 points to 70 points;

d) Type III seaports: achieving a total score under 50 points.

3. Basis for evaluating and classifying current seaports

a) Data on the scope of influence of seaports is based on the overall master plan for developing the seaport system approved by competent state authorities;

b) Data on the scale of seaports uses statistical data on cargo throughput at seaports averaged over the last three years from the Vietnam Maritime Administration and uses data on vessel capacity received at seaports according to decisions announcing the opening of port berths and wharves by the Vietnam Maritime Administration in the most recent year.

4. Classification of seaports when establishing or adjusting seaport plans must be based on data on goods, vessel capacity expected during each planning period, and the criteria stipulated in this Decree.

Article 5. Procedures for evaluating and classifying seaports

1. The Vietnam Maritime Administration periodically establishes a list of seaports every five years in January of the first year or based on actual development conditions at seaports, evaluates, and classifies seaports, and submits them to the Ministry of Transport. The submission includes:

a) A proposal for seaport classification and publication of the seaport list;

b) A draft Decision for publishing the seaport list;

c) Related documents.

2. The Ministry of Transport, based on the report of the Vietnam Maritime Administration, solicits opinions from relevant ministries, provincial people's committees, centrally governed cities, and related agencies, conducts a review, and submits

a) Proposal

b) The Ministry of Transport's review report;

c) Draft Decision of

d) Related documents.

Article 6. Effectiveness

1. This Decree takes effect from September 10, 2021.

2. Repeal Clause 1 of Article 20 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code concerning maritime activity management.

3. Decision No. 70/2013/QĐ-TTg dated November 19, 2013 of the Prime Minister on the publication of the List of Classification of Vietnamese Seaports ceases to be effective from the date this Decree takes effect.

Article 7. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial people's committees, centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./.