Circular No. 83/2015/TT-BGTVT on the organization and operation of Inland Waterway Port Services

CIRCULAR

Regulations on the organization and operation of Inland Waterway Port Control Units

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MINISTER OF TRANSPORT

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

WHEREAS Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government provides detailed regulations and implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

AT THE PROPOSAL OF THE HEAD OF THE ORGANIZATION AND HUMAN RESOURCES DEPARTMENT AND THE DIRECTOR OF THE VIETNAM INLAND WATERWAY ADMINISTRATION;

The Minister of Transport shall issue a Circular stipulating the organization and operation of Inland Waterway Port Control Units.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. THIS CIRCULAR REGULATES THE ORGANIZATION AND OPERATIONS OF THE INLAND WATERWAY PORT ADMINISTRATION.

2. This Circular applies to agencies, organizations, and individuals related to the organization and operation of inland waterway port services.

Article 2. POSITION AND FUNCTIONS OF THE INLAND WATERWAY PORT ADMINISTRATION

1. The Inland Waterway Port Administration is the agency responsible for implementing specialized state management functions in inland waterway transport at ports and inland waterway wharfs to ensure compliance with legal regulations on traffic order, safety, and environmental protection in inland waterways.

2. The Inland Waterway Port Control Unit has legal personality, has its own office, uses its own seal, and opens an account at the State Treasury.

Chapter II

SCOPE OF MANAGEMENT AND DUTIES, LIMITATIONS

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Article 3. Scope of Management

1. The scope of management of the Inland Waterway Port Administration under the Vietnam Inland Waterway Administration includes the following ports and inland waterway wharfs (excluding passenger ferries):

a) Ports and inland waterway wharfs on national inland waterway routes;

b) Ports and inland waterway wharfs on dedicated inland waterway routes connecting to national inland waterway routes or dedicated inland waterway routes spanning multiple provinces or centrally governed cities;

c) Ports and inland waterway wharfs located both on national inland waterway routes and local inland waterway routes, or ports and inland waterway wharfs located both on national inland waterway routes and port waters;

d) Other ports and inland waterway wharfs assigned by the Minister of Transport.

2. The scope of management of the Inland Waterway Port Administration under the Department of Transport of a province or centrally governed city includes the following ports and inland waterway wharfs:

a) Ports and inland waterway wharfs on local inland waterway routes;

b) Ports and inland waterway wharfs on dedicated inland waterway routes connecting to local inland waterway routes;

c) Other ports and inland waterway wharfs assigned by the Minister of Transport.

Article 4. Tasks and Powers

1. Prescribing anchorage areas for inland waterway vessels, foreign waterway vessels, and ships in port waters and inland waterway wharfs.

2. Inspecting and supervising the implementation of legal regulations concerning safety, security, and environmental protection for inland waterway vessels, foreign waterway vessels, and ships; inspecting certificates of professional competence, licenses, and professional qualifications of crew members; issuing permits for inland waterway vessels, foreign waterway vessels, and ships to enter and leave ports and inland waterway wharfs.

3. Not allowing inland waterway vessels, foreign waterway vessels, and ships to enter or leave ports and inland waterway wharfs if they do not meet the conditions for safety, security, and environmental protection, or if the ports and inland waterway wharfs do not meet the operational conditions stipulated by law.

4. Receiving and reporting channel and route conditions to inland waterway vessels, foreign waterway vessels, and ships at ports and inland waterway wharfs.

5. Promoting, disseminating, and guiding the implementation of legal regulations on inland waterway transport.

6. Inspecting safety conditions for ports, wharfs, channels, signals, and other related facilities within the scope of ports and inland waterway wharfs; promptly notifying organizations and individuals responsible for handling when signs of danger are detected.

7. Supervising the exploitation and use of ports and wharfs to ensure safety; requiring organizations and individuals exploiting ports and inland waterway wharfs to temporarily cease operations if it is deemed necessary to protect people, vessels, or structures.

8. Organizing search and rescue operations for persons, cargo, and inland waterway vessels, foreign waterway vessels, and ships that have encountered accidents in port waters and inland waterway wharfs.

9. Mobilizing vessels, equipment, and personnel within the port and inland waterway wharf area to participate in rescue operations for persons, cargo, and inland waterway vessels, foreign waterway vessels, and ships in emergency situations and to handle environmental pollution within the scope of the port and inland waterway wharf.

10. Leading inspections and supervision of the implementation of oil spill response plans at ports and wharfs and inland waterway vessels, foreign waterway vessels, and ships operating in the managed waters; participating in compiling reports and conclusions on the causes of accidents and incidents occurring in port and inland waterway wharf waters; requesting relevant parties to rectify the consequences of accidents.

11. Imposing administrative penalties; collecting fees and charges as prescribed by law.

12. Reviewing security assessment files for inland waterway ports, reviewing security plans for inland waterway ports; implementing confirmation of inland waterway declarations.

13. Monitoring and supervising the loading of goods onto vessels within port and inland waterway wharf land and water areas;

14. Leading and coordinating activities with other state management agencies to ensure traffic order and safety in the port and inland waterway wharf area.

15. Developing annual activity plans for approval by competent authorities and organizing their implementation; participating in developing planning for the development of inland waterways, ports, and inland waterway wharfs within the management scope when required.

16. Managing and using assets, funds, and staffing levels allocated, and implementing statistical and reporting systems as prescribed.

17. Performing other tasks assigned by the Director of the Vietnam Inland Waterway Administration or the Director of the Department of Transport.

Chapter III

ORGANIZATION OF THE INLAND WATERWAY PORT AUTHORITY

Article 5. Organizational System

1. The Inland Waterway Port Administration under the Vietnam Inland Waterway Administration shall be organized into regions by decision of the Minister of Transport based on proposals from the Director of the Vietnam Inland Waterway Administration.

2. The Inland Waterway Port Administration under the Department of Transport of a province or centrally governed city shall be established or dissolved by decision of the Chairman of the People's Committee of the province or centrally governed city based on proposals from the Director of the Department of Transport.

Article 6. Principles of Operation

1. The organization and operation of the Inland Waterway Port Administration must comply with the provisions of the Law on Inland Waterway Transport dated June 15, 2004, the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014, this Circular, and international treaties to which the Socialist Republic of Vietnam is a party.

2. The Inland Waterway Port Office under the Vietnam Inland Waterway Administration shall be directly led and be responsible to the Director of the Vietnam Inland Waterway Administration.

3. The Inland Waterway Port Office under the Department of Transport shall be directly led and be responsible to the Director of the Department of Transport; it shall also be guided, inspected, supervised, and professionally managed by the Vietnam Inland Waterway Administration.

组织结构（第1-13条）

1. The organizational structure of the Inland Waterway Port Office includes:

a) Specialized departments including: Finance; Legal Affairs; Port and Wharf Management; Inspection - Safety (for the Inland Waterway Port Office under the Vietnam Inland Waterway Administration); additionally, other specialized departments may be established based on specific conditions.

b) Representatives of the Inland Waterway Port Office.

2. Representatives of the Inland Waterway Port Office shall use their own seals and perform state management functions at inland waterway ports and wharfs. Depending on actual management requirements and areas, Representatives of the Inland Waterway Port Office may organize Port Offices and such organization shall be decided by the Director of the Inland Waterway Port Office.

3. The establishment, reorganization, dissolution of specialized departments and Representatives of the Inland Waterway Port Office shall be decided by the Director of the Vietnam Inland Waterway Administration and the Director of the Department of Transport upon the proposal of the Director of the Inland Waterway Port Office. The functions, tasks, and authorities of these specialized departments and Representatives shall be defined by the Director of the Inland Waterway Port Office.

Article 8. Leadership positions, management positions, and Inland Waterway Port Officers of the Inland Waterway Port Office

1. Leadership and management positions of the Inland Waterway Port Office

The Inland Waterway Port Office is led by the Director, assisted by the Deputy Director. The Director is the head of the Inland Waterway Port Office, managing its operations under the chief executive system; the Deputy Director assists the Director in performing tasks assigned by the Director and is responsible before the Director and the law for the delegated tasks. When the Director is absent, a Deputy Director designated by the Director shall manage the Inland Waterway Port Office.

Representatives of the Inland Waterway Port Office are led by the Head Representative, assisted by the Deputy Head Representative.

a) For the Inland Waterway Port Office under the Vietnam Inland Waterway Administration:

The Director shall be appointed and relieved of duty by the Director of the Vietnam Inland Waterway Administration; the Deputy Director, Chief Accountant, and Head Representative shall be appointed and relieved of duty by the Director of the Vietnam Inland Waterway Administration upon the recommendation of the Director. The appointment and relief of other positions within the Inland Waterway Port Office shall follow the分级管理的规定。

b) For the Inland Waterway Port Office under the Department of Transport:

The appointment, relief, and assignment of leadership and management positions within local Inland Waterway Port Offices shall be carried out according to the分级管理的规定。

2. Inland Waterway Port Officers of the Inland Waterway Port Office shall be recruited to perform state management functions regarding inland waterway transport at ports and wharfs, and meet the professional standards for Inland Waterway Port Officers as prescribed by the Minister of Transport.

Article 9. Establishment quota and treatment for civil servants, public officials, and contractual employees working at Inland Waterway Port Services

1. Establishment quota for Inland Waterway Port Services

a) The Minister of Transport shall allocate annually to Inland Waterway Port Services under the Vietnam Inland Waterways Administration in accordance with the provisions of the law;

b) The Chairman of the People's Committee of provinces and centrally governed cities shall allocate annually to Inland Waterway Port Services under the Department of Transport in accordance with the provisions of the law.

2. Civil servants, public officials, and contractual employees working at Inland Waterway Port Services shall be recruited, employed, and managed in accordance with the Civil Servants Law, Public Officials Law, and labor laws; they shall be classified, paid salaries, and enjoy other benefits as prescribed by law.

3. Civil servants and public officials of Inland Waterway Port Services shall be provided uniforms according to the model prescribed by the Minister of Transport and must wear uniforms when performing official duties.

Article 10. Operating funds of Inland Waterway Port Services

The operating funds and financial mechanisms of Inland Waterway Port Services shall be implemented in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from March 1, 2016. The Circular No. 34/2010/TT-BGTVT dated November 8, 2010, issued by the Minister of Transport on the organization and operation of Inland Waterway Port Services is hereby abolished.

Article 12. Responsibility for Implementation

1. The Vietnam Inland Waterways Administration shall be responsible for inspecting and monitoring the implementation of this Circular.

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