Chương 2 Nghị định 71/2006/NĐ-CP: Đầu tư xây dựng, quản lý khai thác cảng biểnvà luồng hàng hải

Chapter II

INVESTMENT IN, CONSTRUCTION, MANAGEMENT OF OPERATION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS

Section 1. INVESTMENT IN AND CONSTRUCTION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS

Article 6.- Announcement of lists of classified seaports

The Prime Minister shall announce lists of classified seaports at the proposal of the Minister of Transport.

Article 7.- Principles of investment in and construction of seaports and marine navigable channels

1. All Vietnamese and foreign organizations and individuals that invest in and construct seaports and marine navigable channels shall strictly observe the provisions of this Decree, investment law, construction law and other relevant laws.

2. Investment in and construction of seaports and marine navigable channels shall comply with the approved seaport development plan. The Ministry of Transport shall publicize the approved seaport plan and decide on specific adjustments with respect to harbors and wharves located in seaports which must not run counter to the functions of such seaports defined in the master plan already approved by the Prime Minister.

3. On the basis of the approved master plan on seaports, the announcement of forms of investment in seaports and harbors shall be made as follows:

a/ The Prime Minister shall announce forms of investment in grade-I seaports and particularly important harbors of grade-I seaports;

b/ The Minister of Transport shall announce forms of investment in harbors of grade-I seaports other than those stated at Point a of this Clause;

c/ Ministers, heads of ministerial-level agencies and presidents of provincial-level People's Committees shall announce forms of investment in grade-II seaports and important harbors of grade-II seaports.

Article 8.- Supervision of implementation of plannings and plans and construction of seaports and marine navigable channels

1. Before making a report on investment in and construction of a seaport, harbor, wharf, transshipment zone or marine navigable channel, the investor shall send a written request to the Vietnam Maritime Administration for opinion on whether the master plan on seaports is complied with. Such written request should clearly state the necessity, location, size and utility of the seaport, harbor, wharf, transshipment zone or marine navigable channel. Within 5 working days after receiving the written request of the investor, the Vietnam Maritime Administration shall issue a written reply to the investor and report it to the Ministry of Transport or; in case of refusal, it should clearly state the reason therefor.

2. Before constructing a seaport, harbor, wharf, transshipment zone or marine navigable channel, the investor shall send to the Vietnam Maritime Administration a copy of the decision on investment in and construction of the work together with an overall ground plan, a copy of the decision approving the construction design and the plan on assurance of marine navigation safety.

3. The Vietnam Maritime Administration shall direct port authorities to supervise the implementation of plannings and plans on construction of seaports, harbors, wharves, transshipment zones and marine navigable channels in accordance with the approved planning and on assurance of marine navigation safety.

Article 9.- Supervision of construction of other facilities in seaport waters

The construction of other facilities other than those specified in Article 8 of this Decree within seaport waters shall comply with regulations on assurance of marine navigation safety, marine navigation security and prevention of environmental pollution, investment and construction, and relevant laws. Before constructing a facility, the investor shall send a copy of the investment decision and the overall ground plan of the facility to the port authority in charge of the area where the facility is to be constructed for the latter to supervise the construction of such facility with a view to ensuring marine navigation safety in the area.

Section 2. ANNOUNCEMENT OF OPENING AND CLOSURE OF SEAPORTS

Article 10.- Conditions for announcement of the opening of seaports, decision to put harbors or wharves to use

1. Seaports, harbors or wharves have been tested before being put to use according to regulations.

2. Investors produce sufficient valid papers specified in Article 12 and Article 13 of this Decree.

Article 11.- Competence to announce the opening or closure of seaports

1. Competence to announce the opening of seaports:

a/ The Minister of Transport shall announce the opening of seaports;

b/ The director of the Vietnam Maritime Administration shall decide to put harbors, wharves or transshipment zones to use.

2. Competence to announce the closure of seaports:

a/ The Minister of Transport shall announce the closure of seaports;

b/ Directors of port authorities shall decide to temporarily ban vessels from entering and leaving harbors, wharves or transshipment zones.

Article 12.- Procedures for announcement of the opening of seaports

1. After completing the construction of a seaport, the investor shall send to the Vietnam Maritime Administration the following papers:

a/ Written request for announcement of the opening of the seaport, clearly stating the port's name and location, the pilot reception area's location, types of seagoing ships and the tonnage limit of seagoing ships allowed to enter, operate in and leave the port;

b/ Written record on the test for putting the completely constructed port facility to use, enclosed with the complete construction drawings of the ground, elevation and cross section of the port facility. For offshore oil ports, drawings of elevations and cross sections of port facilities are not required;

c/ Written record on the acceptance of the investor and competent agencies or organizations of the result of survey of obstructions on the bottom of the water area in front of the wharf, except for offshore oil ports;

d/ NtM (Notice to Mariners) on the seaport fairways and water area in front of the wharf, enclosed with a map. For offshore oil ports, an NtM on the safety zone of the offshore oil port;

e/ A competent agency's certificate of the port facility's satisfaction of environmental protection conditions;

f/ A competent agency's certificate of the port facility's satisfaction of fire and explosion prevention and fighting conditions.

2. Decision to announce the opening of a seaport shall be made as follows:

a/ Within 5 working days after receiving all valid papers specified in Clause 1 of this Article, the director of the Vietnam Maritime Administration shall send a written request to the People's Committee of the province or centrally run city where the port is located for comment. Within 3 working days after receiving the opinion of the provincial/municipal People's Committee, the Vietnam Maritime Administration shall report it to the Ministry of Transport. Within 5 working days after receiving the written proposal of the Vietnam Maritime Administration, the Ministry of Transport shall decide to announce the opening of the seaport.

b/ A decision to announce the opening of a seaport should clearly state the port's name and location, the pilot reception area and the quarantine area; types of seagoing ships and the tonnage limit of seagoing ships allowed to enter, operate in and leave the port. For offshore oil ports, the decision should additionally state the limits of the safe zone of the offshore oil port and requirements on marine navigation safety assurance or other maritime instructions for activities of vessels.

Article 13.- Procedures for putting harbors, wharves and transshipment zones to use

1. After completing the construction of a harbor, wharf or transshipment zone, the investor shall send to the Vietnam Maritime Administration the following papers:

a/ Written request for the putting of the harbor, wharf or transshipment zone to use;

b/ Written record on the final test for putting the completely constructed facility to use, enclosed with the complete construction drawings of the ground, elevation and cross section of the harbor, wharf or transshipment zone;

c/ NtM, enclosed with a map, on entrance and exit channels of the harbor, wharf or transshipment zone; written record on the acceptance of the investor and a competent agency or organization of the result of survey of obstructions on the bottom of the water area in front of the wharf or of the transshipment zone;

d/ A competent agency's certificate of the satisfaction of the harbor, wharf or transshipment zone of environmental protection conditions;

e/ A competent agency's certificate of the satisfaction of the harbor, wharf or transshipment zone of fire and explosion prevention and fighting conditions.

2. Decision to put a harbor, wharf or transshipment zone to use

Within 5 working days after receiving all valid papers specified in Clause 1 of this Article, the Vietnam Maritime Administration shall decide to put the harbor, wharf or transshipment zone to use. The decision should clearly state the name and location of the harbor, wharf or transshipment zone, types of seagoing ships and the tonnage limit of seagoing ships allowed to enter, operate in and leave.

Article 14.- Announcement of the putting of other facilities to use

1. After completing the construction of a facility other than those specified in Article 8 of this Decree, the investor shall send a written notice, a written record on the test and take-over of the facility or a copy of the decision or permit of a competent agency on the putting of the facility to use to the port authority and the marine navigation safety assurance company of the location where the facility is constructed for the purpose of protecting the facility and ensuring marine navigation safety for maritime shipping activities in the area. Such a written notice should clearly state the name, location, characteristics and limits of the water area of the facility and related technical parameters (if any), such as the width of the navigable area, the clearance height, warning marks, time of navigation, the depth of the facility compared to the water level "0" on the chart, the starting or closing time of operation of the facility (if any) and other restrictions.

2. The investor shall have to announce information details specified in Clause 1 of this Article on the mass media for three consecutive times.

3. The marine navigation safety assurance company shall have to issue NtMs on information details specified in Clause 1 of this Article according to regulations.

Article 15.- Closure of seaports or temporary prohibition of vessels from entering and leaving seaports, harbors, wharves and transshipment zones

1. For security and defense reasons or other special socio-economic reasons, the Ministry of Transport shall decide on the closure of seaports after consulting concerned ministries, branches and provincial-level People's Committees.

2. For marine navigation safety or marine navigation security assurance, environmental pollution prevention and other emergency reasons, directors of port authorities shall decide on temporary prohibition of vessels from entering and leaving seaports, harbors, wharves or transshipment zones and promptly report it to concerned agencies. Directors of port authorities shall decide to allow vessels to enter and leave seaports, harbors, wharves or transshipment zones once the reasons for the temporary prohibition no longer exist.

Article 16.- Procedures for announcing seaport waters and management areas of port authorities

1. The Vietnam Maritime Administration shall send to the Ministry of Transport the following papers:

a/ Written request for announcement of the seaport waters;

b/ Written opinion of the concerned provincial-level People's Committee;

c/ Chart showing the limits of the seaport waters and management area of the port authority.

2. Within 15 working days after receiving all valid papers specified in Clause 1 of this Article, the Ministry of Transport shall decide to announce the seaport waters and management areas of port authorities.

Article 17.- Registers of seaports and marine navigable channels

The Vietnam Maritime Administration shall compile registers of seaports and marine navigable channels.

Section 3. MANAGEMENT, OPERATION OF SEAPORTS AND MARINE NAVIGABLE CHANNELS

Article 18.- Principles of management and operation of seaports

1. Vietnamese and foreign organizations and individuals investing in and constructing seaports shall decide on forms of management and operation of seaports.

2. Harbor and wharf infrastructures invested by the State with state budget funds or capital originating from the state budget may be partly or wholly offered for operating lease; other forms of management shall be decided by the Prime Minister. Revenues from such operating lease shall belong to the state budget, used under the provisions of the State Budget Law and prioritized for investment in the development and management of seaport infrastructures.

3. The selection of organizations and individuals to operating-lease harbor or wharf infrastructures invested with state budget funds or capital originating from the state budget shall abide by the following principles:

a/ For harbor and wharf infrastructures already put to use before the effective date of this Decree, it shall be decided by the Prime Minister;

b/ For harbor and wharf infrastructures put to use from the effective date of this Decree, it shall comply with the bidding law.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating financial mechanisms for the operating-lease of harbor or wharf infrastructures invested with state budget funds or capital originating from the state budget.

Article 19.- Principles of management and operation of marine navigable channels

1. Marine navigable channels which have been invested with state capital through a ministry, branch or locality shall be managed and operated by such ministry, branch or locality.

2. Marine navigable channels which have been invested with capital of an enterprise shall be managed and operated by such enterprise.

Article 20.- Protection of seaport facilities, marine navigable channels

1. The Ministry of Transport and concerned ministries and branches shall coordinate with provincial-level People's Committees in directing the protection of seaport facilities and marine navigable channels in localities.

2. All agencies, organizations and individuals shall have to protect seaport facilities and marine navigable channels in accordance with the provisions of law.

Article 21.- Management of maritime charges and fees

1. The management of maritime charges and fees related to the management of seaports and marine navigable channels shall comply with the provisions of law on charges and fees.

2. The Ministry of Finance shall, after consulting the Ministry of Transport, set the levels of deduction of maritime assurance charges collected from marine navigable channels invested and operated by enterprises for the purpose of marine navigation safety and marine navigation security assurance and environmental pollution prevention.