Chương IV Bộ luật hàng hải Việt Nam 2015: Cảng biển

Chapter IV

SEAPORT

Section 1. GENERAL PROVISIONS

Article 73. Seaport

1. Seaport refers to an area enclosing port land and water areas of which infrastructure facilities are constructed and equipment necessary for incoming and outgoing ships is installed in order to load or unload goods, embark or disembark passengers as well as to render other services. A seaport may include one or two port terminals. A port terminal includes one or a lot of wharves.

Offshore oil port refers to a facility constructed and installed at the offshore oil production area for the ship to enter or leave for loading and unloading of cargoes and rendering of other services.

2. Port infrastructure includes wharves, an area of water facing against wharves, warehouses, storage yards, facilities, work offices, service establishments, traffic, communications, electricity and water supply systems which are engineered and installed at fixed positions within a port land area and an area of water.

3. An area or region of water includes pilot embarkation and disembarkation area, phytosanitary inspection area, turning basin, anchorage area, transhipment area and storm shelter area within a port water area.

4. Military port, fishing port and inland port and port terminal located within a port water area shall be subject to the state administration for maritime safety and security, fire and explosion protection and environmental pollution prevention under the provisions of this Code and other relevant laws and regulations.

Article 74. Criteria for determination of a seaport

1. Have a water area thoroughly connecting to a sea.

2. Have natural geographical conditions to meet requirements relating to construction of a wharf, port terminal, anchorage area, transhipment area and navigational channel for the ship to enter, leave and operate in a safe manner.

3. Have advantages in marine transportation.

4. Act as the center of the traffic network to facilitate inland freight transport, carriage and transhipment of exporting and importing goods by sea.

Article 75. Classification of seaports and advertisement of the list of seaports

1. Seaports are classified into the followings:

a) Special seaports mean large-scale seaports which are aimed at nationwide or inter-regional socio-economic development, and perform their functions as international transshipment or gateway ports;

b) Grade-I seaports mean large-scale seaports which serve the purpose of nationwide or inter-regional socio-economic development;

c) Grade-II seaports mean medium-scale seaports which serve the purpose of regional socio-economic development;

d) Grade-III seaports mean small-scale seaports which serve the purpose of local socio-economic development.

2. The Prime Minister shall decide classification of seaports and advertisement of the list of seaports after considering the request of the Minister of Transport.

3. The Minister of Transport shall advertise the list of port terminals that belong to Vietnam's seaport system after considering the request of maritime state regulatory agencies.

Article 76. Fundamental functions of a seaport

1. Provide vessel traffic services for ships which enter and leave a seaport.

2. Provide transports, equipment and workforce necessary for ships to anchor, load or discharge goods and embark or disembark passengers.

3. Provide freight transportation, loading, discharge, warehousing and storage services within the territory of a seaport.

4. Play its role as the center to help different traffic networks outside of the seaport to get connected together.

5. Be designed provide shelter, repair and maintenance or other indispensable services for ships in case of emergencies.

6. Provide other services for ships, humans and cargoes.

Article 77. Rules for naming a seaport, offshore oil port, port terminal, wharf, floating terminal, water area and water region

Seaport, offshore oil port, port terminal, wharf, floating terminal, water area and water region must be named according to the following rules:

1. Seaport, offshore oil port, port terminal, wharf, floating terminal, water area and water region must be given a name during the process of developmental plan or construction project formulation. Such name must be utilized as requested by the project owner or relevant agencies or organizations.

2. Names of seaports, offshore oil ports, port terminals, wharves, floating terminals, water areas, and water regions, shall not be allowed to coincide with each other or be misleading, or there may be an inconsistency between designated names and functions of these seaports, offshore oil ports, port terminals, wharves, floating terminals, water areas, and water regions.

3. Names of state agencies, armed force units, political organizations or socio-political organizations shall not be used as whole or partial particular names of these seaports, offshore oil ports, port terminals, wharves, floating terminals, water areas, and water regions, unless otherwise approved by these agencies, units or organizations.

4. Words or signs which offend against historical, cultural, moral and traditional values shall not be allowed to use for naming purposes.

Article 78. Authority to name a seaport, offshore oil port, port terminal, wharf, floating terminal, water area and water region

1. The Minister of Transport shall be vested with authority to decide to give names to seaports and offshore oil ports.

2. Heads of maritime state regulatory agencies shall be accorded authority to decide names given to port terminals, wharves, floating terminals, water areas and water regions.

Article 79. Public notice of opening or closing of a seaport and port water area

The Government shall adopt regulations on authority, conditions and procedures in relation to the opening and closing of a seaport, wharf, port terminal, floating terminal, water area, water region, port water area, and management of a navigational channel and marine operations that take place at a seaport.

Article 80. Temporary refusal of permission for ships to enter or leave a seaport, port terminal, wharf, floating terminal, water area or water region

1. In order to ensure maritime safety, security and environmental protection, national defence and security, or prevent natural disasters or epidemics, the Director of Port authority shall make a decision on temporary refusal of permission for ships to enter or leave a seaport, port terminal, wharf, floating terminal, water area or water region.

2. If there is none of reasons for refusal of permission for ships to enter or leave a seaport, port terminal, wharf, floating terminal, water area or water region, the Director of Port authority shall make a decision to cancel such temporary refusal.

3. Promptly after grant of the decision on temporary refusal or cancellation of temporary refusal of permission for ships to enter or leave a seaport, port terminal, wharf, floating terminal, water area or water region, the Director of Port authority must report to a maritime state regulatory agency; simultaneously, notify the ship owner or an agent of the ship owner and other relevant specialized state regulatory agencies located at a seaport.

Article 81. Plan for development of a seaport system

1. The seaport system development plan must be based on the strategy for socio-economic development; national defence and security tasks; demands and resources; the scheme for developing transportation, other industries, characteristics of each locality and trends of maritime development in the world.

Whilst preparing the scheme for executing construction projects relating to a seaport, Ministries and provincial People’s Committees must seek written advice from the Ministry of Transport.

2. The Prime Minister shall approve the master plan for seaport system development.

3. The Minister of Transport shall ratify the detailed plan for seaport system development.

Article 82. Responsibilities for drawing and managing the seaport system development plan

1. The Minister of Transport shall assume the following responsibilities:

a) Formulate and submit the master plan for Vietnam’s seaport system development to the Prime Minister for ratification purposes, and suggest modification of the approved master plan;

b) Publicly disseminate and provide guidance on and conduct inspection of implementation of the approved plan;

c) Ratify the detailed plan for a cluster of seaports, port terminals, wharves, floating terminals, water areas or water regions; grant a decision on detailed modifications of the detailed plan for such cluster which is not inconsistent with functions or scale referred to in the master plan for Vietnam's seaport system development.

2. Ministries, Ministry-level bodies and provincial People's Committee shall assume the following responsibilities:

a) Collaborate with the Ministry of Transport in conducting administration of the plan for seaport system development under the provisions of this Code and other regulations of relevant laws;

b) Reserve an adequate amount of land lots and water areas for seaport system development according to the approved plan.

Article 83. Investment in construction, management and operation of seaports and navigational channels

1. Investment in construction of seaports and navigational channels must be consistent with the plan for development of seaports and navigational channels in accordance with this Code and other provisions of laws on investment, construction and other relevant legal regulations.

2. Domestic or foreign organizations or individuals shall be allowed to invest in construction of seaports or navigational channels in accordance with laws.

Organizations or individuals investing in construction of seaports or navigational channels shall decide the modality of management and operation of seaports and navigational channels.

3. Before approving an investment project, a competent authority must obtain a written consent from the Ministry of Transport.

4. Organizations or individuals investing in construction of seaports, port terminals and wharves shall decide the proper management and operation modality which must be consistent with laws and regulations.

Article 84. Nautical chart of port water area, navigational channel and route

The Ministry of Transport shall take charge of collaborating with the Ministry of National Defense in conducting construction and publication of the nautical chart of a port water area, navigational channel or route for the purpose of ensuring maritime safety after considering the request of a maritime state regulatory agency.

Article 85. Detailed provisions on seaports

1. The Minister of Transport shall adopt detailed provisions on conduct of operations of ships at seaports, inland terminals and fishing ports within the territory of a port water area.

2. The Government shall promulgate detailed provisions on criteria for classification of seaports; investment in construction, management and operation of seaports and navigational channels, and eligibility requirements for seaport operation business; processes and procedures for naming or change of names of seaports, offshore oil ports, port terminals, wharves, floating terminals, water areas or water regions.

Section 2. SEAPORT ADMINISTRATION

Article 86. Administration of operation of port infrastructure projects financed by the state budget

1. The part or whole of a port infrastructure project financed by the state budget shall be leased for operation in accordance with laws.

2. Leasing a port infrastructure project for operation purposes shall be carried out in accordance with laws on procurement and other relevant legal regulations.

3. The authority that makes a decision to invest in a port infrastructure project shall decide the leasing of such port infrastructure project for operation purposes.

4. Lessee must meet all of the following requirements:

a) Have the legal entity;

b) Have the plan for conduct and operation of such leased project in a manner of effectiveness and right purpose;

c) Have the financial competence.

5. The Government shall adopt detailed regulations on leasing of port infrastructure for operation purposes and utilization of revenues generated from such leasing.

Article 87. Port management and operation authority

The port management and operation authority shall be established by the Government, and shall be assigned a port land or water area for the purpose of planning and investing in construction, development and operation of port infrastructure facilities and post-port logistics service area.

Article 88. Duties and powers of the port management and operation authority

1. Formulate and submit the master plan for development of assigned port land and water area to the Ministry of Transport for review before reporting to the Prime Minister to apply for ratification.

2. Formulate and submit the detailed plan for development of assigned port land and water area to the Ministry of Transport to apply for its ratification.

3. Invest in construction and development of port infrastructure facilities in conformance to the approved plan.

4. Apply for investment registration, and inspect, grant, revise and revoke the investment certificate in respect of projects for investment in post-port logistics service area located at such assigned land and water area.

5. Introduce regulations on management of operations that take place within such assigned port land and water area.

6. Conduct administration of investment in and operation of port infrastructure facilities and post-port logistics infrastructure systems.

7. Implement the procurement procedure for operating lease of wharf and port terminal infrastructure system.

8. Examine and supervise operations performed by operators of seaports and post-port logistics service area.

9. Take control of and supply equipment, and ensure safety for port operations and ship’s movements under its management.

10. Provide pilotage, towage. logistics and other relevant service within these assigned port land or water area.

11. Maintain, overhaul and repair port infrastructure facilities located within such assigned port land and water area.

12. Decide on amounts of charges paid for services rendered within such assigned land and water area on the basis of the service charge schedule issued by competent authorities.

Determine levels of charges paid for services rendered within such assigned port land and water area on the basis of the service price schedule issued by the Minister of Transport.

13. Be given other duties and powers by the Government.

Article 89. Organizational structure of the port management and operation authority, areas to which the model of a port management and operation authority is applied

1. The Board of Members of a port management and operation authority (the Board) is composed of a President, Vice President and commissioners.

2. President, members of the Board and General Director of the port management and operation authority shall be appointed by the Prime Minister upon the request of the Minister of Transport. It must include representatives of organs such as the Ministry of Transport, the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Natural Resources and Environment, People’s Committees of the provinces to which the model of a port management and operation authority is applied.

3. The Government shall adopt detailed regulations on the organizational structure, duties and powers of the port management and operation authority, and areas to which the model of a port management and operation board is applied.

Article 90. Maritime fees, charges and port service charges

1. Maritime fees or charges and collection, payment, management and utilization of maritime fees or charges shall be consistent with laws and regulations on fees and charges.

2. Port service charges shall include:

a) Charges paid for services relating to container handling, pilotage and utilization of wharf, terminal and floating dock, and towage;

b) Charges paid for other port services.

3. Service enterprises shall, at their discretion, decide on specific port service charges referred to in subparagraph a paragraph 2 of this Article which are subject to the price range decided by the Ministry of Transport.

4. Service enterprises shall, at their discretion, decide on specific port service charges referred to in subparagraph b paragraph 2 of this Article.

5. Service enterprises shall prepare the list of port service charges for submission to competent authorities and make it known to the public in accordance with laws on price.

Article 91. Port authority

1. The port authority refers to an organ directly affiliated to a maritime state agency which is assigned to perform its marine state administration duties at a seaport and other areas that fall under its management.

2. The Director of a port authority is the ultimate commander in this port authority.

3. The Ministry of Transport shall adopt regulations on organization and operation of a port authority.

Article 92. Duties and powers of the Director of a port authority

1. Get involved in formulating the plan and proposal for development of seaports under his delegated powers and conduct oversight of implementation of such plan and proposal after obtaining approval from competent authorities.

2. Conduct implementation of regulations on management of marine operations that take place at seaports and areas that fall under his management; examine and oversee navigational channels and marine signaling systems; check marine operations of organizations or individuals that take place at seaports and areas that fall under his management.

3. Authorize and oversee ships which enter, leave and operate within a seaport; prevent ships from entering or leaving seaports if necessary conditions relating to maritime safety and security, marine occupation and environmental pollution prevention have not been met.

4. Take charge of coordination in navigational operations that take place at seaports and areas that fall under his management.

5. Implement any decision to impound ships granted by competent state agencies.

6. Temporarily impound any ship as stipulated by Article 114 of this Code.

7. Take charge of searching and rescuing people in distress at sea within the territory of the port water area under his management; mobilize necessary personnel and equipment for such search and rescue or for environmental pollution response.

8. Conduct sea-going ship registration or seafarer registration which is assigned by competent authorities; collect, manage and use port fees and charges in accordance with laws.

9. Conduct marine inspection, and investigate and handle, within his jurisdiction, marine accidents that occur at seaports and areas under his management.

10. Take charge of or direct the operational cooperation between state regulatory agencies operating at seaports.

11. Impose administrative penalties for any violation that may arise in the maritime area within his jurisdiction.

Article 93. Collaboration on state administration operations at seaports

1. Marine state regulatory agencies, and security, phytosanitary inspection, customs, taxation, culture, sports and tourism, fire and explosion prevention, environmental protection, and other authorities, shall implement duties and powers at seaports as per laws and regulations. Within their assigned duties and delegated powers, these authorities shall be responsible for collaborating on their operations and putting their collaboration under control of the Director of the port authority.

2. State regulatory agencies which have regular operations at seaports shall be allowed to establish their work offices within the territory of such seaports. Port enterprises shall be charged with responsibility to provide favorable conditions for such agencies to implement their duties and powers.

Section 3. PROCEDURE FOR SHIPS’ PORT ARRIVAL AND DEPARTURE

Article 94. Requirements for ships’ port arrival

1. All of ships, regardless of their nationality, tonnage and purpose of use, shall be allowed to enter into a seaport if they meet maritime safety, security, occupation, environmental protection and other conditions in accordance with laws and regulations.

2. A ship shall be allowed to operate at seaports, port terminals and wharves which have been advertised for use, and must be relevant to their designed functions.

3. In the event that foreign ships are underway at Vietnamese sea outside of the port water area, procedures for ships’ entering and leaving a seaport must be completed at the port authority in charge of managing that seaport. The port authority shall be responsible for overseeing operations of a ship in order to ensure maritime safety, security and environmental pollution prevention.

Article 95. Rules for foreign military vessels’ arrival in Vietnam

1. A foreign military vessel must be authorized to enter into Vietnam by competent state regulatory authorities in accordance with laws and regulations.

2. The foreign military vessel that arrives in Vietnam must comply with regulations of Vietnamese laws, unless otherwise diplomatically agreed upon between the country whose national ensign is flown by that vessel and the competent state regulatory agency of Vietnam prior to such vessel's arrival in Vietnam.

3. The work schedule and members working onboard that vessel must be consistent with specified arrangements; where there is any change or supplementation to the schedule or members, such change and supplementation must be subject to the permission granted by Vietnam’s competent authorities.

4. In order to be allowed to enter into a Vietnamese seaport, a foreign military vessel that is heading toward Vietnam's territory waters must comply with the following regulations:

a) A submarine and any other submersible must operate above the water surface and fly the national ensign of the Socialist Republic of Vietnam at the position which is as high as that of its national ensign, unless otherwise permitted by the Government of Vietnam or agreed upon between the Government of Vietnam and the Government of the country whose national ensign is flown by such submarine or submersible;

b) Ship identification numbers and ship name must be inscribed onto the ship's body;

c) All weapons taken onboard that vessel must be placed in a rest or unmounted position or kept in locked storage;

d) That vessel must stop at the pilot embarkation and disembarkation area in order to complete procedures for entry and any procedure under the instructions of the port authority or pilotage in Vietnam;

dd) Only necessary maritime safety equipment or registered frequencies used for marine communications shall be allowed for use.

e) That vessel must enter into the right seaport by sailing along the stipulated navigational route and corridor.

5. If a foreign military vessel heading toward Vietnam wishes to move from this seaport to the other within the territory of Vietnam, it must apply for approval granted by Vietnam's competent authority.

Article 96. Time limit for completion of statutory procedures for a ship’s entering and leaving a seaport

1. No later than 02 hours after the time of a ship’s anchoring at a wharf or before the proposed time of a ship’s leaving a seaport, the responsible persons are required to complete stipulated procedures for the ship’s entering or leaving a seaport.

2. No later than 01 hour after completion of such procedures and submission of all required documents, the port authority must make a decision to grant permission for such ship's entering and leaving its seaport.

3. After completion of procedures for a ship's entering and leaving a Vietnamese seaport, that ship shall be exempted from the entry procedures at another Vietnamese seaport. The port authority in charge of managing the seaport where a ship arrives shall be subject to the permit for departure from a seaport issued by the port authority in charge of managing the seaport that such ship has left in order to allow such ship to operate at its seaport. Then, other specialized state regulatory agencies shall refer to the port movement dossier (if any) provided by a relevant port authority in charge of managing the seaport where the ship has left in order to perform regulatory operations in accordance with laws and regulations.

Article 97. Provisions on exemption or reduction on procedures for ship arrival and departure in certain special cases

1. Public duty ships when on duty, ships used for embarking and disembarking pilots, those specially designed for search and rescue operation, assurance of maritime safety, fire and explosion prevention or for other emergency duties shall be exempted from statutory arrival and departure procedures, but these ships’ masters are required to report on this to the port authority in writing, in or by any other relevant form or communications means.

2. Ships arriving in a seaport to deliver rescued humans, property and ships and only staying at a seaport within a period of less than 12 hours shall be allowed to complete only one-time arrival and departure procedures.

Article 98. Rules of a ship’s departure from a seaport

1. A ship shall be allowed to leave a seaport after all required procedures have been completed.

2. A ship shall not be allowed to leave a seaport under the following circumstances:

a) That ship fails to meet required maritime safety, security, occupation and environmental pollution prevention conditions;

b) Maritime fees or charges have not been completely paid by the stated deadline;

c) Any other threat to safety for that ships, humans or cargoes onboard that ship and sea environment has been discovered;

d) That ship is subject to the ship detention and temporary impounding order issued by the court or competent authority in accordance with laws and regulations.

3. In the event of refusing to allow a ship to depart from a seaport under the provisions of subparagraph a, b and c paragraph 2 of this Article, the Director of the port authority or authorized organizations or individuals must notify the ship master and any relevant agencies of reasons for such refusal, and must allow such ship to complete departure procedures promptly after such reasons no longer persist.

Article 99. Authority to grant permission, processes and procedures for a ship’s entering and leaving a seaport

The Government shall adopt detailed regulations on Authority to grant permission, processes and procedures for a ship’s entering and leaving a seaport and for a foreign military vessel's arrival in Vietnam.

Section 4. INLAND PORT

Article 100. Functions of an inland port

1. Receive and deliver goods carried by containers.

2. Load and unload cargoes into and out of shipping containers.

3. Gather freight containers transported to a seaport and in opposite direction.

4. Inspect and complete customs procedures for exporting or importing goods.

5. Consolidate and deconsolidate goods of multiple owners loaded in the same container.

6. Temporarily store exporting and importing goods and containers.

7. Repair and maintain containers.

Article 101. Criteria for determination of an inland port

1. An inland port must conform to the plan for inland port system development which has already been approved.

2. It must be connected to main transportation corridors and seaports, which serve the purpose of regional economic development.

3. It must have at least two transport modes in order to provide favorable conditions for multimodal transport organizations, or must be directly connected to one mode of transport which has high competency.

4. It must provide sufficient space to locate work offices of relevant agencies or organizations.

5. It must meet fire and explosion prevention and environmental protection requirements in accordance with laws and regulations.

Article 102. Plan for development of an inland port system

1. The plan for inland port system development must be based on the strategy for socio-economic development; national defence and security tasks; the scheme for developing transportation.

2. The Prime Minister shall ratify and revise the master plan for inland port system development after considering the request of the Minister of Transport.

3. The Minister of Transport shall ratify the detailed plan for inland port system development. Publicly disseminate and conduct provision of guidance on and inspection of implementation of the approved plan.

4. Ministries and provincial People's Committee shall assume the following responsibilities:

a) Collaborate with the Ministry of Transport in conducting administration of implementation of the plan for inland port system development under the provisions of this Code and other regulations of relevant laws;

b) Reserve an adequate amount of land lots for inland port system development according to the approved plan.

Article 103. Investment in construction, management and operation of inland ports

1. Investment in construction of inland ports must be consistent with the plan for inland port system development and provisions of laws on investment, construction and other relevant legal regulations.

2. Organizations or individuals shall be licensed to invest in construction and operation of inland ports as per laws and regulations.

3. The Government shall adopt detailed regulations on investment in construction, management and operation of inland ports.

Article 104. Authority to publicly announce opening, temporary suspension and closing of inland ports and responsibilities of state regulatory agencies in charge of state administration of inland ports

1. The Minister of Transport shall issue a public announcement of opening, temporary suspension and closing of an inland port.

2. State security, phytosanitary inspection, customs, taxation, and other regulatory agencies, shall implement duties and powers at inland ports as per laws and regulations.

3. State regulatory agencies which have regular operations at inland ports shall be allowed to establish their work offices within the territory of such inland ports. Inland port enterprises shall be held responsible for providing favorable conditions for such state regulatory agencies to implement their duties and powers.