Chương 4 Nghị định 71/2006/NĐ-CP: Phối hợp hoạt động giữa các cơ quan quản lý nhà nước chuyên ngành tại cảng biển

Chapter IV

COORDINATION OF ACTIVITIES OF SPECIALIZED STATE MANAGEMENT AGENCIES IN SEAPORTS

Article 58.- Principles of coordination of management activities

1. Specialized state management agencies in seaports, when performing their duties, must observe the provisions of law, not cause any troubles affecting activities of port enterprises, shipowners, vessels and other organizations and individuals in seaports. Port authorities shall be responsible for coordinating activities among specialized state management agencies in seaports.

2. Specialized state management agencies in seaports shall have to closely coordinate with one another when performing their duties in order to create favorable conditions for port enterprises, shipowners, cargo owners, vessels and other related organizations and individuals to operate in a safe and effective manner.

3. Any arising problem related to the functions of other specialized state management agencies shall be settled in time through consultation and agreement; any disagreeing agency shall promptly notify the reason and solution to the port authority in accordance with the provisions of law.

4. Only when the procedure-processing venue is on board a vessel as provided for at Point b, Clause 2, Article 27 and Point a, Clause 2, Article 29 of this Decree or in other special circumstances decided by directors of port authorities, who shall take responsibility for such decisions, shall specialized state management agencies establish a procedure-completing team headed by a representative of the port authority and joined by one officer from each of specialized state management agencies; particularly for passenger ships, in order to quickly complete procedures, specialized state management agencies in charge of border guard and customs may appoint more officers to join the team, provided that the number of such officers is approved by the director of the port authority. If it is unnecessary to get aboard a vessel, specialized state management agencies may not appoint their officers to join the procedure-completing team mentioned in this Clause but they shall have to promptly report to the port authority on the result of clearance of procedures at their offices.

5. When a specialized state management agency encounters a problem beyond its settling competence, it shall promptly report the problem to its superior agency for immediate settlement. If deeming it necessary, the concerned ministry and branch shall have to work with the Ministry of Transport in settling the problem and within 4 hours after receiving the report shall have to report its settlement decision to the concerned agency, organization or individual.

6. In the course of performing their duties, specialized state management agencies shall have to coordinate with other concerned agencies and organizations in the area in ensuring that all maritime shipping activities in seaports strictly comply with the provisions of law.

Article 59.- Responsibilities for coordinating management activities

1. In coordinating management activities of specialized state management agencies in seaports, port authorities shall:

a/ Assume the prime responsibility for and direct the coordination of management activities of specialized state management activities in seaports;

b/ Organize and preside over all meetings with specialized state management agencies or other related agencies, organizations and enterprises in the port areas in order to reach agreement on ways of settling any arising problems;

c/ Request other specialized state management agencies in seaports to promptly notify the results of processing procedures as well as solutions to arising problems; request port enterprises, shipowners, vessels and other concerned agencies and organizations to supply data and information on maritime shipping activities in seaports;

d/ Propose presidents of provincial-level People's Committees to promptly settle arising problems which fall under the competence of the provinces or cities and are related to the specialized state management in seaports.

2. Other specialized state management agencies in seaports shall:

a/ Closely coordinate with one another in promptly and lawfully completing procedures related to vessels, cargoes, passengers and crew operating in seaports under this Decree;

b/ Promptly notify port authorities of the results of processing procedures related to vessels, cargoes, passengers and crew operating in seaports;

c/ After receiving and processing information supplied by port authorities of shipowners and completing procedures or facing any problems, promptly notify port authorities thereof for coordinated settlement in time.

Article 60.- Specialized inspection, examination, supervision and control in seaports

1. The inspection, supervision, control and protection by specialized state management agencies and other competent agencies with respect to vessels, cargoes, passengers, crew and other objects operating in seaports shall comply with the provisions of this Decree and relevant laws.

2. The direct control and protection on board vessels by specialized state management agencies shall be only carried out in the following cases:

a/ Vessels show apparent signs of violation of the law.

b/ In case of necessity to ensure security, defense, epidemic control, social order and safety.

3. Cadres, public employees and staff of specialized state management agencies and other competent agencies are strictly prohibited from committing acts that are authoritarian, regionalistic, self-seeking, hassling, troublesome and otherwise negative when performing their assigned duties; all related violations shall be handled according to the provisions of law.

Article 61.- Responsibilities of ministries, branches and localities for activities of specialized state management agencies at seaports

1. Ministries, branches and localities shall be responsible for directing and guiding activities of their subordinate specialized state management agencies to properly coordinate state management activities in seaports.

2. To supervise and inspect subordinate specialized state management agencies and stringently handle wrongdoings and violations in accordance with the provisions of law.