Phụ lục: Nghị định 06/2024/NĐ-CP

DECREE

AMENDMENT TO DECREE NO. 08/2021/ND-CP DATED JANUARY 28, 2021 OF THE GOVERNMENT ON MANAGEMENT OF INLAND WATERWAY OPERATIONS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; the Law on amendment to the Law on Inland Waterway Traffic dated June 17, 2014;

At request of the Minister of Transport;

The Government promulgates Decree on amendment to Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government on management of inland waterway operations.

Article 1. Amendment to Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government on management of inland waterway operations

1. Amend Point c Clause 2; add Point d Clause 2; amend Point c and Point d Clause 5 Article 15:

a) Amend Point c Clause 2:

“c) Departments of Transport shall agree on technical parameters for construction of inland waterway ports along local inland waterway, specialized inland waterway connected to local inland waterway, inland waterway ports in seawater ports connected to local inland waterway in provinces and central-affiliated cities, except for cases under Point a of this Clause and other cases decided by the Ministry of Transport.”.

b) Add Point d Clause 2:

“d) District People’s Committees shall agree on technical parameters for construction of inland waterway docks in relevant districts.”.

c) Amend Point c Clause 5:

“c) Inland waterway docks

Project developers shall submit application directly or by other methods to district People’s Committees. In respect of inland waterway docks on national inland waterway and specialized inland waterway connected to national inland waterway, prior to the written agreement, district People’s Committees shall consult regional Sub-departments of Inland Waterway. Within 5 working days from the date on which written response of district People’s Committees is received, Sub-departments of Inland shall respond in writing. Within 5 working days from the date on which written response of Sub-departments of Inland Waterway is received, district People’s Committees shall send technical construction parameters to project developers;”

d) Amend Point d Clause 5:

“d) In respect of inland waterway ports and docks in seaport waters, prior to appraisal and negotiation on technical construction parameters, the Vietnam Inland Waterway Administration, Departments of Transport, and district People’s Committees shall consult Maritime Administration in writing. Within 5 working days from the date on which written request is received, Maritime Administration is responsible for respond in writing.”.

2. Amend Clause 2 Article 16:

‘2. Entitlement to agreement

District People’s Committees shall discuss technical construction parameters of passenger inland docks, inland waterway ports serving primary construction in districts under their management.”

3. Amend Clause 4 and Clause 10 Article 18:

a) Amend Clause 4 Article 18:

“4. Procedures for declaring operation

Prior to bringing inland waterway docks, ports into use, owners of docks and ports shall submit request for declaration of operation in person or via post service or via online public service portal or via other appropriate means:

a) In respect of inland waterway ports receiving foreign watercrafts: The request shall be submitted to Vietnam Inland Waterway Administration (in respect of inland waterway ports located on national inland waterway, specialized inland waterway connected to national inland waterway, inland waterway whose waters and/or land is connected to national inland waterway and local inland waterway, inland waterway ports in seaport waters connected to national inland waterway), Departments of Transport (in respect of inland waterway ports located on local inland waterway, specialized inland waterway connected to local inland waterway, inland waterway ports in seaport waters connected to local inland waterway in provinces and central-affiliated cities) for appraisal. Within 5 working days from the date on which adequate documents are received, Vietnam Inland Waterway Administration and Departments of Transport shall appraise the request and report to Ministry of Transport if the documents are adequate. Within 5 working days from the date on which adequate documents and appraisal reports are received, Ministry of Transport shall declare operation of inland waterway ports;

b) In respect of inland waterway ports that do not receive foreign watercrafts: The request shall be submitted to Vietnam Inland Waterway Administration (in respect of inland waterway ports mentioned under Point b Clause 2 Article 15 hereof) or Departments of Transport (in respect of inland waterway ports mentioned under Point c Clause 2 Article 15 hereof). Within 5 working days from the date on which adequate documents are received, the Vietnam Inland Waterway Administration or Departments of Transport shall declare operation of inland waterway ports;

c) In respect of inland waterway docks: The request shall be submitted to district People’s Committees. Within 5 working days from the date on which adequate documents are received, district People’s Committees shall declare operation of inland waterway docks;

d) In case of online submission, composition of the request shall be original copies or electronic copies of corresponding documents under Clause 2 (in respect of request for declaration of operation of inland waterway ports) or Clause 3 (in respect of request for declaration of operation of inland waterway docks) Article 18 hereof;

dd) In respect of direct submission, if the documents are adequate, issue receipt and return results within prescribed time limit; in case of inadequate documents, immediately reject and instruct applicants to amend the documents; in case of receipt via post service or online public service portal or other appropriate means, if documents are inadequate, within 2 working days from the date on which documents are received, receiving agencies shall inform applicants via post service or online public service portal or other appropriate means, state reason, and request amendments to the request.”.

b) Amend Clause 10 Article 18:

“10. Within 2 working days from the date on which decisions are signed, agencies declaring operation of inland waterway docks and ports are responsible for sending decisions on declaration of operation to:

a) Project developers;

b) Ministry of National Defense, Ministry of Public Security, Ministry of Health, Ministry of Agriculture and Rural Development, provincial People’s Committees (in respect of ports that receive foreign watercrafts);

c) Vietnam Inland Waterway Administration (in respect of inland waterway ports);

d) Inland waterway authorities, maritime administrations (in respect of inland waterway ports and docks in seaport waters), Sub-departments of Inland Waterway of the region;

dd) Departments of Transport;

e) People’s Committees of districts and communes where inland waterway docks, ports are located;

g) Border guard agencies, customs authorities, healthcare authorities (in respect of inland waterway docks and ports in vicinity of border checkpoints) and relevant organizations, individuals.”.

4. Annul Point b, Point c Clause 4 Article 20 and amend Point a Clause 4 Article 20:

“a) Redeclaration of operation of inland waterway docks, ports shall conform to procedures detailed under Clause 4 Article 18 hereof;”.

5. Replace Form No. 13 and Form No. 16 of Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government with Form No. 13 and Form No. 16 under this Decree respectively.

Article 2. Transition clauses

1. Documents on technical construction parameters of inland waterway docks, ports, passenger ports, inland waterway ports serving construction of primary structures, and decisions on declaration, redeclaration, extension of operation of inland waterway, passenger ports, inland waterway ports serving construction of primary structures issued by competent authority before the effective date hereof shall be legitimate for the full effective period of respective documents. Upon expiry of these documents, organizations and individuals shall adhere to this Decree.

2. Request for negotiation on technical construction parameters of inland waterway ports, inland waterway passenger ports, inland waterway ports serving construction of primary structures, and request of declaration, redeclaration, extension of inland waterway ports, inland waterway passenger ports, inland waterway ports serving construction of primary structures, closure of inland waterway ports that competent authority has received before the effective date hereof, competent authority shall process the request in accordance with legislative documents applicable at the time of submission.

3. Within 90 working days from the effective date hereof, Departments of Transport shall transfer processed request for declaration, redeclaration of operation of inland waterway ports to district People’s Committees entitled to declaration, redeclaration, extension of operation of inland waterway ports according to Clause 2 and Clause 5 Article 1 hereof. During periods in which written request has not been transferred and/or received, if redeclaration of operation of inland waterway ports is required, Departments of Transport shall send documents of these inland waterway ports to district People’s Committees for redeclaration of operation of inland waterway ports.

4. In respect of online administrative procedures via online public service portal starting from January 1, 2025.

Article 3. Implementation

1. This Decree comes into force from March 10, 2024.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

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