Chương I Nghị định 58/2017/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for guidelines for some articles of the Vietnam Maritime Code on management of maritime operations, including: investment and construction, operation of seaports, navigational channels, maritime structures, aids to navigation, notices to mariners, operations of marine pilots and operations of ships at seaports and within Vietnamese territorial waters.

2. Regulations of this Decree on maritime safety and security and environmental safety shall be also applied to military ports, fishing ports and ports, inland landing stages within seaport waters.

Article 2. Regulated entities

This Decree applies to Vietnamese and foreign organizations, individuals or ships, specialized regulatory authorities involved in investment and construction, management and operation of seaports, navigational channels and management of maritime operations carried out within seaport waters and Vietnamese territorial waters.

Article 3. Definitions

For the purposes of this law; the terms below shall be construed as follows:

1. “National single-window system” means the system that allows a declarant to submit electronic information and documents to follow administrative procedures for ships’ arrival and departure at seaports, inland waterway ports and offshore oil ports via the National single-window portal. Regulatory authorities shall make decisions via the National single-window portal.

2. “National single-window portal serving the implementation of National single-window system” (hereinafter referred to as “National single-window portal”) refers to the centralized and integrated information system serving e-procedures for ships’ arrival at and departure from ports and completion of procedures at seaports.

3. “e-procedures” means a method of following procedures via the web portal according to regulations.

4. “web portal” means the National single-window portal or specialized web portal that is used to complete e-procedures for ships.

5. “regulatory authorities at ports” include: port authorities or inland waterway port authorities, border checkpoint customs authorities, border guards at ports (hereinafter referred to as “border guards”), quarantine authorities.

6. “professional information systems belonging to professional regulatory authorities at ports” (hereinafter referred to as “professional information systems”) has the functions that are connected to Nation single-window system portal and subsystems that process information and documents submitted by enterprises following procedures via the National single-window system.

7. “procedures for ships’ arrival at and departure from ports via the National single-window portal” (hereinafter referred to as “e-procedures”) means the processing of electronic transactions from the time when the declarant follows e-procedures via National single-window system until he/she receives the decision on completion of the procedures issued by relevant regulatory authorities.

8. “e-applications” means the electronic information including content of forms, documents to be submitted by the declarant as prescribed; notifications, confirmations of tasks performed through National single-window portal between regulatory authorities at ports and the declarant.

9. “digital signature” means digital signature provided by a digital signature authentication service provider that has registered with web portal.

10. “the declarant” includes shipowners or managers, charterers, operators, masters or persons authorized to follow procedures as prescribed in this Decree.

11. “Port Clearance Certificate” means a document issued by a port authority or competent authority in charge of the last port of dispatch.

12. “electronic Port Clearance Certificate” means a permit issued by a port authority to the declarant in the electronic form through the web portal upon completion of e-procedures for ships’ departure from seaports. The electronic Port Clearance Certificate may serve as a replacement for the paper Port Clearance Certificate.

13. “electronic permission for transit” means a permit issued by a port authority to the declarant in the electronic form through the web portal upon completion of e-procedures in transit. The electronic permission for transit may serve as a replacement for the paper permission for transit.

14. “e-dispatch order allowing a ship to arrive at a port" means a port authority allowing a ship to arrive a port according to the e-dispatching plan on the web portal or when a ship is dispatched within a maritime area of the seaport waters.

15. “maritime area” means the seaport waters and the area under the management of a port authority. A seaport may have more than one maritime areas.

16. "floating terminal” means a system of anchor buoys, chains, concrete blocks for buoy and equipment that are used for anchoring vessels, handling cargoes, embarking and disembarking passengers as well as providing other maritime services.

17. “compulsory marine pilotage area” (hereinafter referred to as “compulsory pilotage area”) means a restricted area within seaport waters or offshore oil field, stretching from the area where a pilot boards or leaves a wharf, floating terminal, port, anchorage, transshipment area, storm shelter, shipbuilding and repairing plant, offshore petroleum depot and vice versa, where ships must be steered by pilots in accordance with the Vietnam Maritime Code. A compulsory pilotage area includes one or more ship navigation routes.

18. “non-compulsory marine pilotage area” (hereinafter referred to as “non-compulsory pilotage area”) means the waters where ships are not required to be steered by pilots in accordance with the Vietnam Maritime Code.

19. ”vessel traffic service” (hereinafter referred to as “VTS system") means a system that is set up to monitor, assist and control marine traffic in high density traffic areas and areas that may threaten maritime operations to ensure maritime safety and security and environmental safety.

20. “expected arrival position” means the pilot boarding location or the boundary of the seaport waters of the operating area of the ship in Vietnamese territorial waters.