Decree No. 8-CP Regarding the Establishment of the Vietnam Inland Waterways Administration under the Ministry of Transport

DECREE

DECREE NO. 8-CP OF JANUARY 30, 1993 ON THE ESTABLISHMENT OF THE VIETNAM INLAND WATERWAY ADMINISTRATION UNDER THE MINISTRY OF TRANSPORT 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
At the request of the Minister of Transport and the Minister, Head of the Government Organizational and Cadre Affairs Board;

DECREE:

Article 1. - The Vietnam Inland Waterway Administration is established under the Ministry of Transport.

The Vietnam Inland Waterway Administration is a specialized state management agency for inland waterway transport nationwide, including transport and navigation on rivers, lakes, canals, coastal routes, and routes from shore to islands and between islands (referred to collectively as inland waterways in this document).

The Vietnam Inland Waterway Administration has legal personality, its own seal, and receives funding from the state budget, and is authorized to open accounts at the State Treasury.

The Director of the Vietnam Inland Waterway Administration is responsible to the Minister of Transport for performing the specialized state management functions for inland waterways nationwide.

Article 2. - The Vietnam Inland Waterway Administration shall have the following tasks and powers:

1. Based on the national economic and social development orientation and plan, develop strategies, plans, and programs for the development of inland waterway transport nationwide to be submitted by the Minister of Transport to the Prime Minister for approval;

2. Develop draft laws, sub-legislative documents, policies, systems, procedures, and regulations for specialized inland waterway management to be decided upon by the Minister of Transport within his authority or submitted by the Minister to the Government for decision;

Issue technical and economic standards according to the authority of the Administration and guide their implementation;

3. Propose to the Minister of Transport decisions on the division of responsibilities and levels of management for inland waterway transport infrastructure and routes, and directly manage the central-level inland waterway transport infrastructure nationwide;

4. Perform the main investment function for inland waterway transport infrastructure projects managed centrally according to the division of responsibilities;

5. Announce inland waterway traffic lanes and river ports for vessels to enter and exit according to the provisions of the law;

6. Decide on the establishment and management of inland waterway navigational aids systems, participate in issuing permits for construction of structures over waterways and on waterways, inspect the use and exploitation of channels, and suspend waterway traffic operations when necessary;

7. Set conditions, standards, and issue licenses for inland waterway transport operations, transport agency services, and pilots, and organize registration of inland waterway transport vessels for organizations and individuals nationwide (including foreign organizations and individuals operating in Vietnam);

8. Inspect and supervise inland waterway transport safety, coordinate with relevant agencies and local authorities to protect inland waterway structures, ensure transport safety, handle violations of traffic order and safety, and channel running rules; take the lead in coordinating with related agencies to address consequences and investigate inland waterway traffic accidents nationwide;

9. Organize and direct inland waterway ports to perform state management tasks at these ports according to national regulations and those of the Ministry of Transport;

10. Organize and direct research and application of scientific and technological progress in the field of inland waterways;

11. Collect various types of inland waterway transport fees according to the authorization of the Ministry of Finance;

12. Propose to the Minister of Transport participation (or non-participation) in international conventions and agreements, protocols on inland waterways as prescribed by the Government;

13. Establish and dissolve administrative units assisting the Director and public service units; directly manage state-owned inland waterway enterprises under the Administration according to the law;

14. Train, provide training, and issue boat driving licenses and technical worker certificates in the field of inland waterways;

15. Manage organizational structure, cadres, labor, and assets assigned by the state to the Administration according to current regulations.

Article 3. - The Vietnam Inland Waterway Administration has its headquarters in Hanoi and a Southern Inland Waterway Branch in Ho Chi Minh City.

The Branch is authorized by the Director to handle inland waterway transport management tasks in the southern region.

The Administration and Branches manage inland waterway transport in zones as proposed by the Director of the Vietnam Inland Waterway Administration and decided by the Minister of Transport.

Article 4. - The Vietnam Inland Waterway Administration is led by the Director, assisted by several Deputy Directors.

The Director is nominated by the Minister of Transport, reviewed by the Minister, Head of the Government Organizational and Cadre Affairs Board, and appointed by the Prime Minister.

Deputy Directors are appointed by the Minister of Transport after consultation with the Minister, Head of the Government Organizational and Cadre Affairs Board.

Article 5. - The Director of the Vietnam Inland Waterway Administration develops restructuring proposals for production and business units and public service units in the field of inland waterways for consideration by the Minister of Transport and submission to the Prime Minister for decision.

Article 6. - This Decree takes effect from the date of issuance. Previous regulations contrary to this Decree are abolished.

Article 7. - The Minister of Transport, Ministers of other Ministries, Heads of government agencies, and Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decree.