Chương II Nghị định 37/2017/NĐ-CP về điều kiện kinh doanh khai thác cảng biển: Điều kiện kinh doanh khai thác cảng biển

Chapter II

REQUIREMENTS FOR SEAPORT OPERATIONS

Article 5. Requirements applied to port-operating enterprises

1. Port-operating enterprises shall be established in accordance with regulations of law on enterprises.

2. If a port-operating enterprise is a foreign-invested enterprise providing material handling services, it may only establish a joint venture in which the proportion of the foreign investor’s stakes is conformable with the Schedule of Commitments of Vietnam upon its accession to the World Trade Organization (WTO).

Article 6. Organizational structure and human resources

1. The organizational structure of a seaport shall consist of:

a) A division specialized in the management of seaport operations;

b) A division specialized in the management of maritime security as prescribe;

c) A division or a person in charge of labor safety and hygiene as regulated.

2. Human resource requirements:

a) The person in charge of managing seaport operations shall achieve a bachelor’s degree or higher degree in maritime, economics or trade and have at least 05-year experience of working in the field of seaport operations;

b) Seaport security officers shall be trained and granted Certificates in accordance with the regulations of the Minister of Transport in adherence to the International Ship and Port Facility Security Code (abbreviated as “ISPS Code”);

c) The person in charge of seaport labor safety and hygiene shall be trained and granted Certificates of fire prevention and fighting; labor safety and hygiene as prescribed.

Article 7. Required facilities

1. Port-operating enterprises shall ensure adequate facilities, warehouses, storage yards and necessary equipment in accordance with national technical standards applicable to seaports; In the cases where a seaport does not have enough storage areas, the port-operating enterprise shall enter into a warehouse or storage yard lease contract for at least 05 years, unless its operation involves only in floating terminals, anchorage, transshipment areas and/or offshore oil terminals.

2. Port-operating enterprises shall have all material handling equipment, specialized equipment, means of transport and other necessary equipment to meet the requirements for material handling activities and be suitable for functions and purposes of the seaport's operation announced.

Article 8. Labor safety and hygiene and fire safety requirements

1. The port-operating enterprise shall have enough human resources and plans to ensure labor safety and hygiene as prescribed in the Government's Decree No. 39/2016/ND-CP dated May 15, 2016 detailing the implementation of a number of articles of the Law on Labor Safety and Hygiene and the Government's Decree No. 37/2016/ND-CP dated May 15, 2016 detailing and guiding the implementation of a number of articles of the Law on Labor Safety and Hygiene on compulsory insurance of occupational accidents and occupational diseases.

2. The port-operating enterprise shall prepare proper fire safety plans under the Government's Decree No. 79/2014/ND-CP dated July 31, 2014 detailing the implementation of a number of articles of the Law on fire prevention and fighting and the Law on amendments to some articles of the Law on fire prevention and fighting.

Article 9. Environmental safety requirements

1. Means of collecting wastes discharged from ships when operating in seaports shall be adequate as prescribed in the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) to which Vietnam is a signatory.

2. The port-operating enterprise shall have sufficient documents on seaport environmental safety approved by competent authorities under provisions of the Law on Environmental Protection and the Government’s Decree No. 18/2015/ND-CP dated February 14, 2015 on environmental safety planning, strategic environmental assessment, environmental impact assessment and environmental safety plans.

3. The human resources, the system, works and equipment for managing and treating the wastes produced within seaport areas shall be adequate as prescribed in Article 68 of the Law on Environmental Protection.