Chương III: Thẩm quyền và thủ tục công bố, cấp giấy phép hoạt động cảng, bến thủy nội địa

CIRCULAR

REGULATION ON INLAND WATERWAY PORTS AND LANDING STAGES

Pursuant to the Law on Inland Waterway Transport dated 15 June 2004 and the Law amending and supplementing some articles of Law on Inland Waterway Transport dated 17 June 2014;

Pursuant to Decree No. 107/2012 / ND-CP dated 20 December, 2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Transport;

At the request of Department for Traffic Infrastructure and Director of Viet Nam Inland Waterway Administration,

The Minister of Transport issues this Circular providing for the management of inland waterway ports and landing stages

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides for the construction investment, management and operation of inland waterway ports and landing stages and activities of inland waterway vehicles and ships of Vietnam and foreign waterway vehicles in waters of inland ports and landing stages;

2. The management of inland waterway ports and landing stages in seaport waters shall comply with the provisions of this Circular except for other cases which shall be decided by the Minister of Transport based on the practical conditions.

Article 2. Subjects of application

This Circular applies to organizations and individuals implementing the construction investment, management and operation of inland waterway ports and landing stages; using inland waterway vehicles and ships of Vietnam and foreign waterway vehicles or carrying out other activities related to the inland waterway ports and landing stages;

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Inland waterway port is a system of works built for the inland waterway vehicles, ships and foreign waterway vehicles to anchor, load and unload cargo, embark and disembark passengers and carry out other services; the inland waterway ports have hinterland and port waters. The inland waterway ports include the general ports, cargo ports, passenger ports and specialized ports.

2. Hinterland is limited to build port works, warehouse, open storage, workshops, head office, services facilities, transportation system communications, electricity, water, installation of equipment and other ancillary works.

3. Port waters are limited to establish the waters in front of port, return, berthing area, transshipment area, unloading area and storm shelter

4. General port is the port used for unloading, passenger embarking and disembarking and for other services.

5. Specialized port is the inland waterway port of organizations and individuals used for loading and unloading of cargo and materials for production of such organizations and individuals or new building and repair of inland waterway vehicles, ships and foreign waterway vehicles

6. Inland waterway landing stage is an independent works of small size, including the land area and waters in front of landing stage for the waterway vehicles to anchor, berth, load, unload cargo, embark and disembark passengers and for other supporting services. The inland landing stage includes cargo landing stage, passenger landing stage, general landing stage, river-crossing passenger landing stage and specialized landing stage.

7. Specialized landing stage is the inland waterway landing stage of organizations and individuals used for loading and unloading of cargo and materials for production of such organizations and individuals or new building and repair of inland waterway vehicles.

8. River-crossing passenger landing stage is the inland waterway landing stage for transporting passengers from one shore to other shore;

9. Inland waterway vehicles are ships, boats and other floating structures with or without motor specialized in operation on inland waterway.

10. Vietnamese ships are the ones which have been registered in the Vietnam national ship registration Book or since when issued with temporary license by Vietnam consular organ in foreign countries for flying Vietnamese flag.

11. Foreign waterway vehicles are the inland waterway vehicles and ships whose registration certificates are issued by foreign countries.

12. Owners of port and landing stage are organizations and individuals investing in construction of inland waterway ports and landing stages or assigned by investor to manage the inland waterway ports and landing stages.

13. Organizations and individuals operating ports and landing stages are organizations and individuals using the inland waterway ports and landing stages for business and operation.

14. Pilot boarding area is the waters announced by the competent authorities for foreign waterway vehicles and ships to be anchored to embark and disembark pilots.

Chapter II

CONSTRUCTION INVESTMENT OF INLAND LANDING STAGE

Article 4. Planning of inland waterway ports and landing stages

1. The Minister of Transport is responsible for approving and organizing the implementation of planning of inland waterway ports.

2. The Chairman of People’s Committee of provinces and centrally-run cities is responsible for approving and organizing the implementation of planning of inland waterway landing stages within the areas under the management of provinces and cities. For the inland waterway landing stages on the national, before approving the planning, the People’s Committee of provinces and centrally-run cities must get the agreed opinions of the Viet Nam Inland Waterway Administration.

Article 5. Principles of construction investment of inland waterway ports and landing stages

1. The construction investment of inland waterway ports and landing stages must comply with the regulations of law on construction investment, fire prevention and fighting, environmental protection, compliance with national technical regulations and standards to ensure the traffic safety and other provisions in this Circular;

2. The construction investment of inland waterway ports and landing stages must consist with the approved planning of system of inland ports and waterway landing stages. Where the project for construction investment of inland waterway ports and landing stages has not included in the planning or there is a difference compared with the planning. Before implementing the project, the investor must report and get approval from the organs having the authority to approve the planning;

Article 6. Approving policy on inland waterway ports

1. Authority to approve policy on inland waterway ports

a) The Ministry of Transport shall approve the policy on inland waterway ports to receive the foreign waterway vehicles.

b) The Viet Nam Inland Waterway Administration shall approve the policy on inland waterway ports not to receive the foreign waterway vehicles on the national inland waterway route and specialized inland waterway within the boundary of provinces and centrally-run cities, the inland waterway ports with their hinterland lying on both the national inland waterway and local inland waterway or both on national inland waterway and port waters.

c) The Department of Transport shall approve the policy on inland waterway ports not to receive the foreign waterway vehicles on the national inland waterway route authorized to manage, local inland waterway and specialized inland water connecting the local inland waterway and inland landing stages in port waters within the local administrative boundary;

2. Dossier for approving the policy on construction of inland waterway port

The investor shall send 01 (one) set of dossier for approving the policy on construction of inland waterway port directly, by post or in other appropriate forms to the Viet Nam Inland Waterway Administration or the Department of Transport. The dossier includes:

a) Application for approving the policy on construction of inland waterway port  under the Form No.01 in the Appendix issued with this Circular;

b) Plan of location of port works to be built, surface of port and waters in front of port.

3. The Viet Nam Inland Waterway Administration or the Department of Transport shall receive, verify and process dossiers as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the investors;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue document to require the completion of dossier from investors;

c) For inland waterway ports receiving foreign waterway vehicles: the Viet Nam Inland Waterway Administration or the Department of Transport shall verify dossiers and submit the verification result with 01 (one) set of dossier submitted by the investor to the Ministry of Transport within 05 working days after receiving the prescribed complete dossier. The Ministry of Transport shall get the advice from the Ministry of Defense and the Ministry of Public Security. Within 05 working days after receiving document from the Ministry of Defense and the Ministry of Public Security, the Ministry of Transport shall issue a written approval for construction of inland waterway port to the investor or a written response in case of disapproval;

d) For inland waterway ports not receiving foreign waterway vehicles

Within 07 working days after receiving the prescribed dossiers, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue a written approval for construction of inland waterway port to the investor or a written response in case of disapproval;

For the inland waterway ports lying in the port waters, before approving the policy on construction of inland waterway port, the Viet Nam Inland Waterway Administration or the Department of Transport shall get a written advice from the area port Authorities. Within 02 (two) working days after receiving the written proposal from the Viet Nam Inland Waterway Administration or the Department of Transport, the port Authorities shall issue a written response;

4. The written approval for policy on construction of inland waterway port is valid within 24 months (for ports of group A project) and 12 months (for ports of group B and C project). In case such time limit is over and the investor wishes to continue carrying out the project, he/she shall have to re-perform the procedures for approving the construction of inland waterway port as prescribed in this article.

Article 7. Approving the policy on construction of inland landing stage

1. The authority to approve the policy on construction of inland landing stage

The Department of Transport shall approve the policy on construction of inland landing stages and river-crossing passenger landing stages within the local administrative boundary.

2. Dossier for approving the policy on construction of inland landing stage

The investor shall send 01 (one) set of dossier to request the approval for policy on construction of inland landing stage directly, by post or in other appropriate forms to the Department of Transport. The dossier includes:

a) The application for approval for policy on construction of inland landing stages is written on the Form No.02 and No.03 for river-crossing passenger landing stages issued with this Circular;

b) Plan of location and outline of surface of landing stage and waters in front of landing stage.

3. The Department of Transport shall receive, verify and process the dossiers as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the investors;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the the Department of Transport shall issue document to require the completion of dossier from investors;

c) Within 05 working days after receiving the prescribed dossiers, the Department of Transport shall issue a written approval for construction of inland waterway landing stages on the local waterway and specialized waterway connected with the local inland waterway to the investor or issue a written response stating the reasons in case of disapproval;

For landing stages on the national inland waterway and specialized waterway connected with the national inland waterway, before issuing a written approval, the Department of Transport shall have to get the advice from the Sub-Department of inland waterway on location and effect of the landing stage to the channel and scope of protection to other works in the area. Within 02 (two) working days after receiving the written proposal from the Department of Transport, the Sub-Department of inland waterway shall issue a written response;

For the landing stages lying in the port waters, before approving the policy on construction of inland waterway landing stage, the Department of Transport shall have to get the written advice from the area port authorities. Within 02 (two) working days after receiving the written proposal from the Department of Transport, the area port Authorities shall issue a written response;

For the river-crossing passenger landing stage, before issuing a written approval, the Department of Transport shall have to get the advice from the People’s Committee of the commune where the landing stage shall be built. Within 02 (two) working days after receiving the written proposal from the Department of Transport with the prescribed dossier, the People’s Committee of such commune shall issue a written response.

4. The written approval for policy on construction of inland landing stage is valid within 12 months from its signing day. In case such time limit is over and the investor wishes to build the landing stage, he/she shall have to re-perform the procedures for approving the construction of inland landing stage as prescribed in this article.

Chapter III

AUTHORITY AND PROCEDURES FOR ANNOUNCEMENT AND ISSUE OF OPERATION PERMIT OF INLAND WATERWAY PORT AND LANDING STAGE

Article 8. Authority to announce the operation of inland waterway port

The organs specified in Clause 1, Article 6 of this Circular have the authority to announce and re-announce the operation of inland waterway ports which they have agreed upon the policy to build them.

Article 9. Authority to issue the operation permit of inland landing stage

The Department of Transport shall issue and re-issue the operation permit of inland landing stage and river-crossing passenger landing stage within the local administrative boundary.

Article 10. Procedures for announcement of operation of inland waterway port

1. Dossier to request the announcement of operation of inland waterway port

The owner of inland waterway port shall send 01 (one) set of dossier to request the announcement of operation of inland waterway port directly, by post or in other appropriate forms to the Viet Nam Inland Waterway Administration or the Department of Transport. The dossier includes:

a) Application for announcement of operation of inland waterway port is written under the Form No. 04 in the Appendix issued with this Circular;

b) A certified copy of Decision on construction investment of port from the competent authorities in accordance with regulations of law on investment or a copy with the original for comparison;

c) Approved technical design document and as-built document;

d) Record of works acceptance;

dd) Plan of port waters;

e) Copy of certificate of technical safety and environmental protection of buoy (if used instead of pier);

g) Copy of security certificate for inland waterway port receiving foreign waterway vehicles.

2. The Viet Nam Inland Waterway Administration or the Department of Transport shall receive, verify and process the dossier as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the port owner;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue document to require the completion of dossier from the port owner;

c) For inland waterway ports receiving foreign waterway vehicles:

Within the scope of responsibility, the Viet Nam Inland Waterway Administration or the Department of Transport shall verify the dossier and submit the verification result to the Ministry of Transport attached with 01 (one) set of dossier submitted by the port owner to request the announcement of operation of inland waterway port within 05 working days after receiving the prescribed complete dossier.

of Transport shall issue the decision on announcement of operation of inland waterway port under the Form No.5 issued with this Circular and send it to the port owner within 05 (five) days after receiving the report on verification of dossier for announcement of operation of inland waterway port or issue a written response in case of disapproval;

d) For inland waterway ports not receiving foreign waterway vehicles

Within 05 (five) working days, after receiving the prescribed dossiers, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue the decision on announcement of operation of inland waterway port under the Form No.05 issued with this Circular to the port owner or a written response in case of disapproval;

3. Validity of decision on announcement of operation of inland waterway port

The validity of decision on announcement of operation of inland waterway port is the same as that of land use issued by the competent authorities to the port owner or at the port owner’s request.

4. Where the pier of port has just been built but the investor wishes to use it immediately for the building of other works items of port, he/she may request the competent authorities to temporarily announce the completion of pier under the procedures specified in Clause 1, 2 or 3 of this Article. The validity of temporary announcement decision is not more than 12 months;

Article 11. Procedures for issue of operation permit of inland waterway landing stage

1. The owner of inland waterway landing stage shall send 01 (one) set of dossier to request the issue of operation permit of inland waterway landing stage directly, by post or in other appropriate forms to the Department of Transport. The dossier includes:

a) Application for issue of operation permit of inland waterway landing stage under the Form No. 06 and application for issue of operation permit of river-crossing passenger landing stage under the Form No.07 in the Appendix issued with this Circular.

b) Technical design document or technical-economic report on construction investment approved and as-built document;

c) Works acceptance record;

d) Plan of waters in front of landing stage and channel into landing stage (if any) made by the owner of landing stage;

dd) Copy of certificate of technical safety and environmental protection of buoy (if used instead of pier);

e) Written approval of the competent authorities for the temporary use in case the landing stage lies in the safety corridor of works as stipulated by the specialized law.

2. The Department of Transport shall receive, verify and process dossier as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the owner of landing stage;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue document to require the completion of dossier from the owner of landing stage;

c) Within 05 (five) working days after receiving all prescribed, the Department of Transport shall issue the operation Permit of inland waterway landing stage to the owner of landing stage under the Form No.08 and the operation permit of river-crossing passenger landing stage under the Form No.09 in the Appendix issued with this Circular.

3. Validity of operation permit of inland waterway landing stage

The validity of operation permit of inland waterway landing stage is the same as that of land use issued by the competent authorities to the owner of landing stage or at the request of owner of landing stage.

Where the organizations and individuals wish to temporarily open landing stage for loading materials, equipment in service of building of works, plants or industrial parks, the validity of operation permit of landing stage is the same as the time of building of works, plants or industrial parks;

4. For river-crossing passenger landing stage. If the landing stage on both shores are operated by one owner and under the authority to issue the operation permit of one organ, the owner operating the river-crossing passenger landing stage shall submit application for issue of operation permit of river-crossing passenger landing stage under the Form No. 07 issued with this Circular, the organ with the authority to issue one operation permit of river-crossing passenger landing stage for both sides of landing stage under the Form No.09 in the Appendix issued with this Circular.

5. Where the owner of landing stage wishes to have waters to berthing the vehicles for embarking, disembarking passengers, loading and unloading cargo outside the waters of inland water landing stage, he/she shall have to specify the area of waters in the application for issue of operation permit of inland waterway landing stage. The waters for berthing vehicles must not be allocated in the channel and scope of protection of works.

Article 12. Procedures for re-announcement of inland waterway port

1. The inland waterway port shall be re-announced in the following cases:

a) Upon change of owner;

b) Decision on announcement of operation invalidity;

c) Change of structure of port works, hinterland, waters or change of port utility;

2. Dossier for re-announcement of inland waterway port

The owner of inland waterway port shall send 01 (one) set of dossier to request the re-announcement of inland waterway port directly, by post or in other appropriate forms to the Viet Nam Inland Waterway Administration or the Department of Transport. The dossier includes:

a) Application for re-announcement of inland waterway port is written under the Form No. 10 in the Appendix issued with this Circular;

b) In case of change of owner without change of announced contents, the port owner shall send with the application the legal document of port transfer and documents related to the handover of owner or legal document on division or merger (if any);

c) In case of re-announcement due to change of structure of port works, waters, hinterland and port utility, the port owner must send with the application the certified copy of papers demonstrating the changed contents;

d) In case of re-announcement due to expansion or upgrading to improve the port passing capacity, the provisions in Article 10 of this Circular shall apply for the expanded or upgraded part;

dd) For inland waterway port announced for operation before 01/01/2005 due to the loss of documents, the port owner must send with the application the drawing of surface of port works, plan of waters and hinterland of port.

3. The Viet Nam Inland Waterway Administration or the Department of Transport. Shall receive, verify and process the dossier as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the port owner;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue document to require the completion of dossier from the port owner;

c) For inland waterway port receiving foreign waterway vehicles:

Within the scope of responsibility, the Viet Nam Inland Waterway Administration or the Department of Transport shall verify the dossier and submit the verification result to the Ministry of Transport attached with 01 (one) set of dossier submitted by the port owner to request the re-announcement of operation of inland waterway port within 03 (three) working days after receiving the prescribed complete dossier.

The Ministry of Transport shall issue the decision on re-announcement of operation of inland waterway port under the Form No.05 in the Appendix issued with this Circular to the port owner within 03 (three) working days after receiving the report on dossier verification for re-announcement of operation of inland waterway port. In case of disapproval, it shall issue a written response specifying the reasons;

d) For inland waterway port not receiving foreign waterway vehicles:

Within 03 (three) working days after receiving the prescribed dossier, the Viet Nam Inland Waterway Administration or the Department of Transport shall issue a decision on re-announcement of operation of inland waterway port under the Form No.05 in the Appendix issued with this Circular to the port owner or issue a written response stating the reasons in case of disapproval.

4. The validity of decision on re-announcement of operation of inland waterway port is the same as that of land use issued by the competent authorities to the port owner or at the port owner’s request.

Article 13. Procedures for re-issue of operation permit of inland waterway landing stage

1. a) Giấy phép hoạt động hết hiệu lực Invalidity of operation permit;

b) Change of owner;

c) Change of hinterland, waters and utility of landing stage.

2. Dossier to request the re-issue of operation permit of inland waterway landing stage

The owner of inland waterway landing stage shall send 01 (one) set of dossier to request the re-issue of operation permit of inland waterway landing stage directly, by post or in other appropriate forms to the Department of Transport. The dossier includes:

a) Application for re-issue of operation permit of inland waterway landing stage under the Form No.11 specified in the Appendix issued with this Circular.

b) In case of re-issue of permit due to change of owner without change of contents of issued permit, the owner of landing stage shall send with the application the legal document of landing stage transfer and documents related to the handover of owner of landing stage in case of change of owner of landing stage or legal document on division or merger (if any);

c) In case of change of hinterland, waters and utility of landing stage, the owner of landing stage must send with the application the legal papers demonstrating the above-mentioned changes;

d) For inland waterway landing stage due to expansion or upgrading to improve the capacity of landing stage, the dossier for re-issue of operation permit shall comply with the provisions in Article 11 of this Circular;

dd) For inland waterway landing stage issued with operation permit before 01/01/2005 but due to loss of documents, the owner of landing stage must submit with the application the drawing of surface of landing stage, plan of waters and hinterland of landing stage.

3. The Department of Transport shall receive, verify and process the dossier as follows:

a) In case the dossiers directly submitted are completed, a receipt shall be issued with appointment date for result at prescribed time; in case the dossiers are not completed, they shall be returned with instructions on completion to the owner of landing stage;

b) In case the dossiers sent by post or in other appropriate forms are not completed, within 02 (two) working days, the Department of Transport shall issue document to require the completion of dossier from the owner of landing stage;

c) Within 03 (five) working days after receiving all prescribed, the Department of Transport shall issue the operation Permit of inland waterway landing stage to the owner of landing stage under the Form No.08 and the operation permit of river-crossing passenger landing stage under the Form No.09 in the Appendix issued with this Circular.

4. The validity of re-issued operation permit of inland waterway landing stage is the same as that of land use issued by the competent authorities to the owner of landing stage or at the request of owner of landing stage.

For landing stage temporarily operating for loading and unloading of materials, equipment in service of building of works, plants or industrial parks, the validity of re-issued operation permit of landing stage is the same as the time of building of works, plants or industrial parks;

Article 14. Suspension of operation of inland waterway ports and landing stages

1. The inland waterway ports and landing stages whose operation shall be suspended in the following cases:

a) The change of topographical and hydrological condition does not ensure the safety for the operation of inland waterway ports and landing stages;

b) The owners of ports or landing stages terminate their operation;

c) There is requirements for operation suspension or clearance of the competent state authorities;

2. The inland waterway ports and landing stages whose operation shall be suspended in case the works of inland waterway ports or landing stages are damaged and do not ensure the conditions as designed causing traffic unsafety or potentially causing unsafety to people and vehicles;

3. The organ having the authority to announce the operation of ports or issue the operation permit of inland waterway landing stage have the right to decide the suspension of operation or temporary suspension of operation of inland waterway port and landing stage. The Decision on suspension of operation of inland waterway port and landing stage is under the Form No. 12 and the Decision on temporary suspension of operation of inland waterway port and landing stage is under the Form No. 13 specified in the Appendix issued with this Circular;

4. After 15 (fifteen) days from the effect of Decision of operation of inland waterway port and landing stage, the owner of landing stage is responsible for removing obstacles in the areas of port and landing stage; removing the inland waterway signs of port and landing stage. Where the owner of port and landing stage fails to do this, the state management organs of port and landing stage have the right to remove all such signs and the owner of port and landing stage shall bear all costs for this removal;

Chapter IV

MANAGEMENT OF OPERATION OF VEHICLES AT THE INLAND WATERWAY PORT AND LANDING STAGE

Section I. WATERWAY VEHICLES ENTERING AND LEAVING WATERS OF INLAND WATERWAY PORT AND LANDING STAGE

Article 15. Procedures for inland waterway vehicles entering inland waterway port and landing stage

Before the vehicles enter the inland waterway port and landing stage, the captain or mate or vehicle operator must submit and present the original of the following papers to the inland waterway port Authorities (referred to as port Authorities) or management Board of landing stage:

1. Papers to be submitted

a) Permit of clearance of last port or landing stage (except for vehicles transshipping in waters of port and landing stage);

b) Valid of certificate of technical safety and environmental protection of inland waterway vehicles;

c) Sailors book

2. Papers to be presented

a) Certificate of registration of inland waterway vehicles (or certified copy of credit organization in case the vehicles are pledged or mortgaged);

b) Diploma or certificate of professional skills of sailors and operator;

c) Transportation contract or stock issue note or cargo transport note and passenger list.

3. The port Authorities or the management Board of landing stage shall issue the inland waterway port or landing stage entry permit within 30 minutes after receiving all prescribed papers. This permit is issued under the Form No.14 of the Appendix issued with this Circular.

4. The vehicles transporting passengers at the river-crossing passenger landing stages shall not have to go through the procedures for landing stage entry; the vehicles transporting the working people from the shore to the works or plants must comply with regulations of law on people transportation and have list of employees on each trip;

Article 16. Inland waterway vehicles leaving the inland waterway port and landing stage

1. Before the vehicles leave port or landing stage, the captain, mate or vehicle operator must present the original of following papers to the port Authorities or management Board of landing stage:

a) Transportation contract or stock issue note or cargo transport note (for vehicles transporting cargo) or passenger list (for vehicles transporting passengers);

b) Documents demonstrating the payment of fees, charges, fines or repayment of debts as prescribed by law;

c) Papers related to the changes compared with the papers specified under Point a, Clause 1 of this Article (if any).

2. The port Authorities or management Board of landing stage shall issue the Permit of clearance of inland waterway port or landing stage within 30 minutes after receiving all prescribed papers. Such Permit under the Form No.15 specified in Appendix is issued with this Circular.

a) Where the waterway vehicles have been issued with the Permit of clearance of inland waterway port or landing stage but still continue to berth at the waters of port or landing stage over 24 hours, the captain, mate or vehicle operator shall have to come to the office of port Authorities to go through the procedures again for port or landing stage clearance of waterway vehicles.

b) Where the inland waterway vehicles enter the inland waterway ports or landing stages and stay for a period not exceeding 72 hours or the papers or documents upon going through the procedures for leaving the inland waterway port or landing stage is unchanged compared with the entry, they shall do the procedures for leaving the inland waterway port or landing stage one time.

3. For the vehicles leaving and entering port or landing stage for 2 times or more in one day, the port Authorities or the management Board of landing stage shall actually check the first time and only check the prescribed safety conditions for the second time.

4. For vehicles newly built or repaired, when launched for test run on the inland waterway, the vehicle owner or facilities of new building or repair of vehicles shall have to present the following papers to the port Authorities or the management Board of landing stage:

a) Inspection record of the registry to confirm the eligibility for long-haul test run;

b) Plan for traffic safety assurance upon launching of waterway vehicles launched across the scope of channel protection corridor with the approval opinion of the unit directly managing the area inland waterway route.

5. The vehicles transporting passengers at the river-crossing passenger landing stage shall not have to go through the procedures for clearance of landing stage

Article 17. Certificate for vehicles transporting sand, gravel or other minerals directly from the mining place

Organizations and individuals mining sand, gravel or other minerals on the inland waterway having the permit of the competent state organ on mining of sand, gravel or other minerals must issue the cargo delivery invoice if using the vehicles or ships to transport the sand, gravel or other minerals;

Article 18. Procedures for foreign ships or waterway vehicles entering and leaving the inland waterway ports

1. The foreign ships or waterway vehicles entering and leaving the inland waterway ports shall perform the procedures in accordance with the regulations of maritime law for ships entering and leaving ports.

2. For the inland waterway vehicles of the Kingdom of Cambodia entering and leaving the inland waterway port of Vietnam, besides the papers to be submitted or presented as stipulated in Article 15 and 16 of this Circular, they must have the border-crossing waterway transportation Permit issued by the competent authorities.

Article 19. Procedures for ships and inland waterway vehicles entering and leaving a maritime area of the port waters with the inland waterway port and landing stage

When the ships and inland waterway vehicles entering and leaving a maritime area of the port waters, they shall have to perform the entry and leaving procedures for one time. The ships and inland waterway vehicles shall not have to go through the procedures when running between inland ports, landing stages, seaports and quays (referred to as port and landing stage) in a maritime area. The entry and leaving procedures are done at the first and the last port or landing stage where such ships and inland waterway vehicles have entered and left.

Section II. REGULATION ON PILOTAGE

Article 20. Regulations on compulsory pilotage

When operating on the inland waterway or entering or leaving the inland waterway port, the foreign vehicles must be guided by pilot. The inland waterway vehicles and ships of Vietnam may request the pilotage when entering or leaving the inland waterway port if find it necessary. The guidance is done by the maritime pilot.

Article 21. Requirement for time of pilot provision

1. Except for emergency cases to request the pilotage in order to prevent accident, it is required to notify the port Authorities and relevant pilotage organization within 06 hours before the estimated time of pilot reception.

2. If wishing to change the time of pilotage reception or cancel the pilotage after request for pilotage, the port Authorities and relevant pilotage organization must be notified within 03 hours before the estimated time of pilot reception.

3. The pilot must wait at the agreed location within 04 hours from the estimated reception of pilot. If exceeding such time limit, the request for pilotage is regarded as canceled and the captain shall have to pay the pilot for the waiting time as stipulated.

4. Within 01 hour after receiving the request for pilotage, the pilotage organization shall have to confirm and notify the port Authorities, ship owner or agent of ship owner of location and estimated time of pilot reception. If the pilot is on board late compared with the time and at incorrect location confirmed and notified resulted in the ship waiting or moving to another location, such pilotage organization must pay for the time of ship waiting as stipulated.

Chapter V

RESPONSIBILITY OF PORT AND LANDING STAGE OWNERS, SAILORS, VEHICLES OPERATORS AND OTHER ORGANIZATIONS AND INDIVIDUALS OPERATING AT INLAND WATERWAY PORTS AND LANDING STAGES

Article 22. Responsibility of owners of inland waterway ports and landing stages

During the operation of inland waterway ports and landing stages, the owners of ports and landing stages must comply with the following regulations:

1. Maintain the operational conditions of ports and landing stages and anchoring and berthing equipment as designed to ensure the safety; maintain the signal of inland waterway on the principles of signal of inland waterway.

2. Develop the operational rule of inland waterway ports and landing stages; there must be the fare table at ports and passenger landing stage. The operational rule and fare table must be legible and at convenient place.

3. There must be lights when operating at night and waiting place at ports and landing stages.

4. The equipment of fire prevention and fighting must ensure both quantity and quality of use as prescribed by law and must be put at convenient place for use.

5. The loading and unloading equipment must ensure the technical safety standards and consist with the structure and bearing capacity of works. The person operating the loading and unloading must have the operation certificate as prescribed by law;

6. The channel to the inland port and landing stage (if any) must ensure the consistency with the prescribed technical level of the inland waterway channel and must be inspected and surveyed regularly to ensure the consistency with technical level of the area inland waterway channel.

7. For the inland waterway ports receiving foreign vehicles, there must be security plan for inland waterway port and security assessment of inland waterway port of the competent authorities.

8. Arrangement of personnel for management and operation of ports and landing stages to ensure the order and safety.

9. In case of leasing of inland waterway ports and landing stages, there must be contract signed with the owner operating ports and landing stages as prescribed by law and fulfill all obligations specified in the signed contract;

10. In case of contract termination, the owner of port and landing stage shall have to notify the competent organ which has announced the port or issued the landing stage operation permit to issue the decision on operation suspension of inland waterway port and landing stage.

11. Do not load cargo, embark or disembark passengers onto the vehicles which do not guarantee the technical safety or have prescribed papers; do not load over-sized or overweight cargo or embark passengers exceeding the prescribed number; comply with regulations of law on loading and unloading of dangerous cargo.

12. Join to rescue people, cargo and vehicles upon occurrence of accident; make report and coordinate with the competent functional organs in order to deal with, remedy consequences of accident and environmental pollution (if any); comply with the order of port Authorities or the management Board of landing stage in rescue people, cargo and vehicles upon occurrence of accident in the waters of inland waterway port and landing stage and in the prevention and control of storm.

13. Create favorable conditions at workplace and coordinate with the port Authorities or the management Board of landing stage in ensuring order and traffic safety in the waters of port and landing stage.

Article 23. Responsibility of sailors and vehicle operator when the vehicles operate in the waters of inland waterway port and landing stage

1. Only anchor or berth the vehicles at the places designated by the port Authorities or the management Board of landing stage without intentional change of location.

2. Comply with the rule of port and landing stage and regulations on flood and storm; comply with the order of the port Authorities or the management Board of landing stage in cases of emergency.

3. When the vehicles drift or change their berthing place due to objective causes, it is required to conduct appropriate handing measures and report to the port Authorities or the management Board;

4. When having berthed or anchored at the prescribed places, the captain must assign sailor on duty to maintain the lifesaving, fire control machine and equipment and the main engine of the vehicles must be in a state of operational readiness to promptly handle the cases such as anchor drifting, broken rope, caught in shoal and other incidents.

5. In case of detection of people and animals caught with infectious disease or plants potentially causing disease, the port Authorities or the management Board of landing stage and other relevant functional organs must be notified and such vehicles must be taken to a separate berthing place for measures of handling;

6. During the loading and unloading of cargo or embarking and disembarking of passengers, it is required to check and prepare necessary conditions to ensure labor safety. If detecting any unsafe sign, the captain or vehicle operator must stop such activities to take remedial measures;

7. The foreign vehicles must fly the flag of the Socialist Republic of Vietnam on top of the highest column from sunrise to sunset; in case of flying ceremony flag, mourning flag or horning during ceremonial occasions of their countries, such foreign vehicles must give a prior notice to the port Authorities.

8. Do not intentionally drive the vehicles to load, unload, embark or disembark passengers without being issued with the entry Permit of inland waterway port and landing stage; do not use signals arbitrarily; do not hinder or cause difficulties to the people on duty or sailors of other vehicles passing their vehicles;

9. The captain, sailor, vehicle operator and passengers are responsible for environmental protection in the waters of inland waterway port and landing stage. Do not discharge contaminated water, waste, oily substances and other toxic substances into the waters of port and landing stage.

Article 24. Responsibility of organizations and individuals surveying, performing works, dredging and lifting obstacles or other activities in the waters of inland waterway port and landing stage

1. Comply with regulations on order and traffic safety assurance in the waters of inland waterway port and landing stage and environmental protection.

2. Comply with the order of the port Authorities or management Board of landing stage in case of rescue of people, cargo or vehicles upon occurrence of accident or storm or flood.

3. Before surveying, performing works, dredging and lifting obstacles or other activities in the waters of inland waterway port and landing stage, there must be the approval from the owner of port, landing stage, the port Authorities or management Board of landing stage for the safety assurance plan for activities at the inland waterway port and landing stage;

Article 25. Responsibility of the port Authorities or management Board of landing stage

1. Regularly inspect and issue the port and landing stage entry and leaving Permit to the vehicles;

2. Mobilize people, means and equipment for search and rescue, flood and storm prevention, fire fighting and remedy of environmental protection;

3. Supervise and handle acts of violation of regulations on environmental protection in the waters of inland waterway port and landing stage.

Article 26. Responsibility of Departments of Transport

1. Coordinate with the Viet Nam Inland Waterway Administration to inspect and monitor the compliance with the inland waterway port and landing stage system development plan in the areas under their management;

2. Inspect and examine the compliance with the provisions of this Circular of inland waterway port and landing stage within the local scope of responsibility.

3. Perform the specialized state management at the inland waterway port and landing stage on the national inland waterway authorized for management, the local inland waterway and specialized inland waterway connected with the local inland waterway and within the waters of port within the local administrative boundary.

4. Make a list of inland waterway port and landing stage, river-crossing passenger landing stage under their management and make quarterly and annual report to the provincial People’s Committee and the Viet Nam Inland Waterway Administration.

5. For the management of river-crossing passenger landing stage lying on river and canal as the administrative boundary between two provinces and centrally-run cities, coordinate and agree with the relevant Department of Transport in issuing the operation Permit and manage the landing stage in accordance with regulation on ensuring order and safety of traffic transportation during the operation.

Article 27. Responsibility of the Viet Nam Inland Waterway Administration

1. Coordinate with the Department of Transport to inspect and monitor the compliance with the inland waterway port and landing stage system development plan in the areas under their management;

2. Perform the specialized state management at the inland waterway port and landing stage on the national inland waterway, the specialized local inland waterway connected with the national inland waterway and the specialized local inland waterway within the administrative boundary of two provinces or more.

3. Aggregate the reports of localities, units for report to the Ministry of Transport.

4. Monitor, guide and inspect the management of activities of inland waterway port and landing stage of localities;

Article 28. Handling accidents in waters of inland waterway port and landing stage

1. The rescue of people and waterway vehicles having accident in the waters of inland waterway port and landing stage is compulsory for captain, vehicle operator, organizations and individuals operating at the port and landing stage;

2. When detecting accident or potential occurrence of accident, the captain or operator of the vehicle in distress must give emergency signal immediately as stipulated and conduct measures to rescue people and assets and simultaneously notify the port Authorities or the management Board of landing stage to take remedial measures in a timely manner;

3. The port Authorities have the right to mobilize all forces and equipment of port and landing stage and all present means in the area to rescue the people, assets and vehicles in distress. The relevant organizations and individuals must comply with the order of the port Authorities or the management Board of landing stage to rescue the people, assets and vehicles in distress.

4. In case of sinking of vehicles, after rescue the people and assets, the captain or the operator of the wrecked vehicles must place the signal as prescribed and report at once to the vehicles owner to carry out the salvage. The salvage must be done within a prescribed time and only conducted after applying all measures to ensure the traffic safety approved by the port Authorities or the management Board of landing stage.

5. In case the vehicles are wrecked in the waters of port or landing stage, the handling of wrecked vehicles and assets shall comply with regulations of the Government;

Chapter VI

IMPLEMENTATION PROVISION

Article 29. Effect

This Circular takes effect from 01/01/2015; annulling Circular No. 25/2010/TT-BGTVT dated 31/08/2010 of the Minister of Transport stipulating the management of activities of inland waterway ports and landing stages;

Article 30. Transitional provision

The Decision on announcement of inland waterway ports and operation permit of inland waterway landing stage issued as stipulated in Decision No. 07/2005/QD-BGTVT dated 07/01/2005 of the Minister of Transport issuing the Regulation of operation of inland waterway ports and landing stages with validity as specified in the Decision and Permit. Upon their expiration, the organizations and individuals shall go through the procedures for re-announcement or re-issue of operation permit as prescribed by this Circular;

Article 31. Implementation

1. The Viet Nam Inland Waterway Administration shall organize and inspect the implementation of this Circular;

2. Chief of Office, Chief Inspector of the Ministry, Directors General, Director of Viet Nam Inland Waterway Administration, Director of Vietnam Maritime Administration, Director of Departments of Transport, Heads of relevant organizations, individuals are liable to execute this Circular./.