REGULATIONS ON MANAGEMENT OF INDUSTRIAL WAY ACTIVITIES

Pursuant to the June 19, 2015 Law on Government Organization;

The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 and the Law amending and supplementing a number of articles of the Law on Inland Waterway Traffic dated June 17, 2014; At the proposal of the Minister of Transport;

The Government promulgates a Decree on management of inland waterway activities.

Chapter I

GENERAL RULES

Article 1. Scope

This Decree provides for the management of inland waterway activities, including: Investment in construction, exploitation, maintenance and protection of inland waterway infrastructure; ensure safety, security and environmental protection on inland waterways, ports, inland waterways and anchorages; manage the operation of foreign ships, ships, seaplanes and watercraft at ports, inland waterways and anchorages; State management responsibility in inland waterway activities.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in inland waterway activities in Vietnam.

Article 3. Interpretation of terms

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

1. Inland waterway infrastructure, including: Inland waterway channels, channel protection corridors, ports, inland waterway wharves, anchorage areas, ship locks, works for transporting vehicles through dams; embankments, traffic dams; signaling inland waterways and ancillary works such as elevation landmarks, coordinate landmarks, boundary markers of channel protection corridors, station houses; works, architectural materials, equipment directly serving the management and exploitation of inland waterway traffic.

2. Vessel navigation channel is a water area limited by an inland waterway signaling system for smooth and safe passage of means (in this Decree referred to as an inland waterway).

3. Specialized inland waterway ports and wharves are inland waterway ports and wharves that are only used for loading and unloading raw materials, fuels, minerals, supplies and equipment in service of production for the owners of such port or wharves or for new construction. , conversion, repair and restoration of foreign vessels, ships and waterways.

4. River-crossing passenger wharf is an inland waterway wharf specializing in transporting passengers and goods from one side of the river to the other of rivers, canals, canals, lakes and lagoons. A wharf position on each side of the bank is a passenger wharf across the river.

5. Floating berth is an inland waterway wharf using floating structures, vehicles, and ponchos located at a stable position on the water area to receive means of anchoring, loading and unloading cargo, picking up and disembarking passengers and carrying out cargo handling. perform other support services.

6. Anchorage area is a water area outside the water area of ​​a port or inland waterway terminal established by a system of mooring buoys, mooring posts or self-anchors for ships, seaplanes and seaplanes to anchor and transport goods. passengers or perform other activities as prescribed.

7. Owner of a port, inland waterway terminal or mooring area means an organization or individual that owns a port, inland waterway terminal, mooring buoy or pier and is assigned to use the land and water areas of the port or wharves. inland, anchorage area.

8. The manager of the operation of a port, inland waterway terminal or mooring area is the owner of the port, inland waterway terminal or anchorage area, who directly operates the port, inland waterway terminal, anchorage area or leased by organizations or individuals. inland waterway ports, wharves, anchorage areas for exploitation or organizations or individuals authorized to manage and operate ports, inland waterways and anchorages.

9. The person requesting procedures for foreign vessels, seagoing ships, seaplanes and watercraft to enter or leave ports, inland waterways terminals or anchorages is the owners of the means, seaplanes, seaplanes or vessels. foreign ships, crewmen, drivers, seaplane operators or authorized persons requesting procedures for entering and leaving a port, inland waterway terminal, anchorage area (hereinafter referred to as the person doing the procedures). custom).

10. Inland watercraft means ships, boats and other floating structures, motorized or non-motorized, specialized in operating on inland waterways (referred to in this Decree as vessels).

11. Foreign watercraft means a watercraft carrying a flag of foreign nationality.

Chapter II

MANAGEMENT OF INDUSTRIAL WAY INFRASTRUCTURE

Section 1. GENERAL PROVISIONS ON INFRASTRUCTURE MANAGEMENT OF INland waterways

Article 4. Principles of investment in construction of inland waterway infrastructure

1. Vietnamese and foreign organizations and individuals investing in the construction of inland waterway infrastructure must comply with the provisions of this Decree, regulations on investment, public investment, construction, and land , minerals, environment and other relevant provisions of law.

2. Investment in construction of inland waterway channels, ports and inland waterway wharves (except for inland waterway wharves serving the construction of main works), anchorage areas must conform to the planning on inland waterway infrastructure and other relevant planning in accordance with the law on planning. In case the investment project on construction of inland waterway channels, ports, inland waterway terminals or anchorages does not yet have or is different from the approved planning, during project formulation, the investor must report to the agency. Competent agencies shall consider adjusting and supplementing the planning in accordance with the law on planning.

Article 5. Organization of management and maintenance of inland waterway infrastructure

1. Management organization

a) The Vietnam Inland Waterway Administration organizes the management and maintenance of inland waterway infrastructure under the management of the Ministry of Transport;

b) The People's Committee of the province or city directly under the Central Government (hereinafter referred to as the People's Committee of the province) shall organize the management and maintenance of inland waterway infrastructure under the management of the People's Committee of the province. provincial people;

c) Organizations and individuals investing in the construction of inland waterway infrastructure without the use of state capital shall decide to organize the management and maintenance of the works in accordance with this Decree and other relevant regulations. related by law.

2. Inland waterway infrastructure maintenance

a) Works in inland waterway infrastructure are maintained to ensure normal operation and safety of works;

b) Contents of management and maintenance of inland waterway infrastructure works, including: Management; regular maintenance; periodical and unexpected repair, repair of damaged works; activities aimed at improving the existing condition of the facility; supplement or replace signals, building parts and equipment attached to the works; make records to monitor works and obstacles; traffic safety assurance and other activities in accordance with relevant laws;

c) The Minister of Transport shall detail the management and maintenance of works of inland waterway infrastructure.

Article 6. Safety and security assurance in inland waterway activities

1. Works and activities related to inland waterways must ensure safety and security according to the provisions of this Decree and other relevant provisions of law.

2. Responsibility to ensure safety and security in inland waterway activities

a) Owners of works in inland waterway infrastructure, operators of inland waterway ports, wharves and anchorages; Organizations and individuals operating on inland waterways are responsible for ensuring and maintaining the safety and security of works, operating in the process of construction investment, management and exploitation in accordance with the provisions of law. ;

b) People's Committees at all levels, specialized management agencies of inland waterway traffic, relevant agencies and units are responsible for propagating and guiding the implementation of regulations on ensuring safety and security. for works and activities related to inland waterways, ports, inland wharves and anchorages; inspect and handle violations of regulations on assurance of safety and security of inland waterways, ports, inland waterways, and anchorage areas according to regulations.

Section 2. MANAGEMENT OF INVESTMENT IN CONSTRUCTION AND OPERATION OF INland waterways

Article 7. Classification and technical level of inland waterway channels

1. Inland waterway channels are classified into three types, including: National inland waterway channels (hereinafter referred to as national channels), local inland waterway channels (hereinafter referred to as local channels) and local inland waterway channels. specialized inland waterways (hereinafter referred to as special-use channels).

2. National stream means a stream that meets one of the following conditions:

a) Passing through two or more provinces or centrally-run cities that play an important role in serving the economy, national defense and security;

b) The channel within a province or centrally run city connects directly to the coastal transport route or directly to two national channels;

c) Cross-border or cross-border flow.

3. Local stream means a channel within the geographical area of ​​a province or centrally run city, except for the cases specified at Points b and c, Clause 2 of this Article.

4. Special-use channel means a channel connecting port waters or specialized inland waterways wharves with national or local channels.

5. Inland waterway channels are classified into technical levels prescribed by the Minister of Transport.

Article 8. Agreement on technical specifications for construction of inland waterway channels

1. Before approving an investment project on construction of an inland waterway channel, the investor must agree on technical parameters of the channel with the competent authority specified in Clause 2 of this Article.

2. Authority to negotiate

a) The Vietnam Inland Waterway Administration shall agree on technical specifications for national channels and special-use channels connected to national channels;

b) The Department of Transport shall agree on technical specifications of local channels and special-use channels connected to local channels.

3. Contents of the agreement

a) Conformity with the planning;

b) Scale, specifications.

4. Agreement file

a) An application form for agreement on technical specifications for construction of inland waterway channels, made according to Form No. 01, in the Appendix to this Decree;

b) A copy of the written approval of the project investment policy of the competent authority (if any);

c) Preliminary design dossier of inland waterway channel.

5. Order of agreement

The investor shall submit 01 dossier directly or by other suitable means to the competent authority specified in Clause 2 of this Article for agreement on technical specifications for the construction of inland waterways.

Within 05 working days from the day on which the complete application is received, the competent authority specified in Clause 2 of this Article shall issue a written agreement on technical specifications for the construction of inland waterways to the owner. investment.

Article 9. Competence and procedures for announcement of channel opening and management of inland waterways

1. Inland waterway channels, before being put into operation, must be announced by a competent authority to open them.

2. Authority to announce stream opening

a) The Ministry of Transport shall decide to announce the opening of national channels and special-use channels connected to national channels;

b) Provincial-level People's Committees shall decide to announce the opening of local channels and special-use channels connected to local channels.

3. Dossier of application for announcement of stream opening

a) An application form for announcement of opening of an inland waterway channel, made according to  Form No. 02  in the Appendix to this Decree;

b) Minutes of acceptance test on completion of construction works and put into use, as-built drawings of channel works, inland waterway signaling system for channels with new construction investment projects or improved channels; upgrade;

c) Current status map of the channel requested for publication showing the landmarks, reasons, signal positions, existing works on the channel, for channels without construction investment projects.

4. Open stream announcement sequence

a) National channel: The Vietnam Inland Waterway Administration shall make a dossier and report to the Ministry of Transport; within 05 working days from the day on which the complete application is received, the Ministry of Transport shall issue a decision on announcement of channel opening;

b) Local stream: The Department of Transport shall make a dossier and report to the People's Committee of the province; within 05 working days from the day on which the complete application is received, the People's Committee of the province shall issue a decision on announcement of channel opening;

c) Specialized channels connected to national channels: Organizations and individuals shall submit 01 set of dossiers directly or by other suitable forms to the Vietnam Inland Waterway Administration. Within 05 working days from the day on which the complete application is received, the Vietnam Inland Waterway Administration shall appraise the dossier and, if all conditions are satisfied, report it to the Ministry of Transport; within 05 working days from the date of receipt of the dossier and report from the Vietnam Inland Waterway Administration, the Ministry of Transport shall issue a decision to announce the opening of the channel;

d) Specialized streams connected to local streams: Organizations and individuals shall submit 01 set of dossiers directly or by other suitable means to the Department of Transport. Within 05 working days from the day on which the complete application is received, the Department of Transport shall appraise the dossier and, if conditions are satisfied, report it to the People's Committee of the province; within 05 working days after receiving the dossier and report from the Department of Transport, the People's Committee of the province shall issue a decision to announce the opening of the channel;

d) Decision on announcement of stream opening according to  Form No. 03  in the Appendix issued together with this Decree.

5. In case an inland waterway channel is already included in the approved master plan, it is only necessary to survey the channel and set up signals for exploitation. The Ministry of Transport shall assign the Vietnam Inland Waterway Administration and the People's Committee to grant it. The province assigned the Department of Transport to survey the channel and set up signals. After completing the stream survey, setting up the signal, and carrying out the procedures for announcing the opening of the stream according to the provisions of this Decree. Funds for surveying channels and setting up signals are covered by the state budget from recurrent expenditures according to budget decentralization.

6. Management of inland waterways

a) The Vietnam Inland Waterway Administration organizes the management of the national channel;

b) Provincial-level People's Committees direct the Department of Transport to organize the management of local channels;

c) Organizations and individuals having specialized streams shall organize the management of specialized streams.

7. Making and publicizing the list of inland waterway channels

a) The Vietnam Inland Waterway Administration shall make a list of national channels and special-use channels connected to national channels and submit them to the Ministry of Transport for publication;

b) The Department of Transport shall make a list of local and special-use channels connected to the local channel and submit it to the People's Committee of the province for publication. The list of channels, after being published, shall be sent to the Vietnam Inland Waterway Administration for synthesis and monitoring;

c) Organizations and individuals having special-use channels are responsible for reporting data on technical specifications of special-use channels to the Vietnam Inland Waterway Administration and the Department of Transport to serve the preparation and publication of the list of special-use channels. inland waterway channels;

d) The list of inland waterway channels is updated, adjusted and announced every 3 years. The Vietnam Inland Waterway Administration summarizes the list of inland waterways channels nationwide and posted on the website of the Vietnam Inland Waterway Administration.

Article 10. Conversion of inland waterway channels

1. Conditions for conversion of inland waterway channels

a) Conform to the approved inland waterway infrastructure planning;

b) Satisfy the conditions of the stream as prescribed in Article 7 of this Decree.

2. Authority to change inland waterway channels

a) The Ministry of Transport shall decide to convert local and special-use channels into national and national channels into local channels;

b) Provincial-level People's Committees decide to convert specialized streams into local streams, and local streams into specialized streams.

3. Stream Switch Profile

a) A written request enclosed with the report on the current status of the channel requested for conversion of the Vietnam Inland Waterway Administration (for national channels) and the Department of Transport (for local channels);

b) A written request of the People's Committee of the province (for the case of converting a local stream into a national stream or a national stream into a local stream).

4. In case a local channel is converted into a national channel or a national channel becomes a local channel: the Vietnam Inland Waterway Administration shall assume the prime responsibility for, and coordinate with the Department of Transport in, compile a dossier and report to the provincial People's Committee. and the Ministry of Transport. Within 05 working days from the day on which the complete application is received, the People's Committee of the province shall send a written request to the Ministry of Transport. Within 10 working days from the date of receipt of the document from the People's Committee of the province, the Ministry of Transport shall issue a decision on announcement of channel change.

5. In case a special-use channel is transformed into a national channel: The Vietnam Inland Waterway Administration shall assume the prime responsibility for, and coordinate with organizations and individuals having special-use channels in, compile a dossier and submit it to the Ministry of Transport. Within 10 working days from the date of receipt of a complete dossier as prescribed, the Ministry of Transport shall issue a decision on announcement of channel change.

6. In case the special-use channel is converted into a local channel, or the local channel becomes a special-use channel: the Department of Transport shall assume the prime responsibility for, and coordinate with organizations and individuals with, a specialized channel in compile a dossier and submit it to the People's Committee of the province. . Within 10 working days from the date of receipt of a complete dossier as prescribed, the People's Committee of the province shall issue a decision on announcement of stream conversion.

7. When there is a decision to change the channel, the Ministry of Transport and the People's Committee of the province shall coordinate with the Ministry of Finance in transferring assets in accordance with the law on management and use of public property. After receiving a decision on the transfer of property by a competent authority, the agency or unit receiving the property shall manage, use and exploit it according to regulations.

8. In case the special-use stream is converted into a national or local stream, a part of the investment capital (if any) is considered to be returned to the organization or individual that has a special-use stream in accordance with law and guidelines. guidance from the Ministry of Finance.

Article 11. Announcement of closure of inland waterway channels

1. An inland waterway channel shall be considered for announcement of closure in the following cases:

a) Failure to ensure the safety of transport operation;

b) For reasons of ensuring national defense and security;

c) There is no longer any need for exploitation and use.

2. Authority to announce closure of inland waterway channels

The agency deciding on announcement of channel opening specified in Clause 2, Article 9 of this Decree is concurrently the agency competent to decide on announcement of channel closure.

3. Stream closing profile

a) For the case specified at Point a, Clause 1 of this Article, there must be a record of checking the current status of the channel from the Vietnam Inland Waterway Administration (for national channels), the Department of Transport (for local channels). direction); a record of checking the current status of the channel between the Vietnam Inland Waterway Administration and the organization or individual having a special-use channel connected to the national channel or between the Department of Transport and the organization or individual having a special-use channel connected to the channel. local. In the minutes, there must be a conclusion on the condition of the stream not ensuring safe exploitation;

b) A written request of the Ministry of National Defense or the Ministry of Public Security requesting the closure of the channel for the case specified at Point b, Clause 1 of this Article;

c) An application form for announcement of closure of an inland waterway channel, made according to Form No. 04, in the Appendix issued with this Decree, for the case specified at Point c, Clause 1 of this Article;

d) The plan for withdrawal of inland waterway signals made by the agency, organization or individual managing the channel.

4. Procedures for closing national and local streams

a) In case the channel is closed as prescribed at Point a, Clause 1 of this Article: After inspection, if the safety for transport operation is not ensured, the Vietnam Inland Waterway Administration or the Department of Transport shall issue a written notice a notice on suspension of transport operation to be sent to the unit directly managing the channel and posted on the mass media, and at the same time, compile a dossier of request for announcement of channel closure and send it to the competent authority to close the channel;

b) In the case of channel closure specified at Point b, Clause 1 of this Article, the Ministry of National Defense or the Ministry of Public Security requesting channel closure must notify in writing clearly stating the reason for channel closure and the time of channel closure to the Department of Inland Waterways. Vietnam or Department of Transport. The notice period must be at least 30 days before the request to close the stream. Within 5 working days from the date of receipt of the notice from the Ministry of National Defense, the Ministry of Public Security and the Department of Inland Waterways of Vietnam shall report to the Ministry of Transport, the Department of Transport shall report to the People's Committee. provincial level;

c) In case of closure of a channel as prescribed in point c, clause 1 of this article, the Vietnam Inland Waterway Administration (for national channels) or the Department of Transport (for local channels) shall make a dossier of application for closure. channel to the Ministry of Transport or the People's Committee of the province and organize the recall of inland waterway signals within 60 days from the effective date of the decision to close the channel;

d) Within 10 working days from the day on which the complete application is received, the Ministry of Transport and the People's Committee of the province shall issue a decision to announce the closure of the channel according to the scope of its management.

5. Dedicated stream closing procedure

a) For the case specified at Point a, Clause 1 of this Article, the Vietnam Inland Waterway Administration and the Department of Transport must request organizations and individuals with special-use channels to suspend their transport operations and report to them. Ministry of Transport or Provincial People's Committee;

b) For the case specified at Point b, Clause 1 of this Article, the Ministry of National Defense or the Ministry of Public Security that requests the closure of the channel must notify in writing clearly stating the reason and time of channel closure to the organizations or individuals having the channel closed. specialized use, the Vietnam Inland Waterway Administration or the Department of Transport and the Ministry of Transport or the People's Committee of the province. The notice period is at least 30 days before the request to close the stream;

c) For the case specified at Point c, Clause 1 of this Article, organizations and individuals with special-use channels shall submit 01 set of dossiers directly or in other suitable forms to the Vietnam Inland Waterway Administration (for channels of special-use channels). national, special-use channels connected to national channels) or Department of Transport (for local channels, special-use channels connected to local channels);

d) Within 10 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Inland Waterway Administration shall appraise the dossier. Download the application for appraisal, if conditions are met, report it to the People's Committee of the province. Within 10 working days from the date of receipt of complete dossiers and reports from the Vietnam Inland Waterway Administration, the Department of Transport, the Ministry of Transport, and the provincial People's Committees shall issue a decision to close the stream according to the scope of management;

dd) Organizations and individuals having special-use channels are responsible for withdrawing the signals of inland waterways within 60 days from the effective date of the decision to close the channel.

6. The decision on announcement of channel closure is made according to "Form No. 05" in the Appendix issued with this Decree and must be sent to relevant agencies, organizations and individuals within 2 days from the date of signing the decision.

7. Expenses for closing national and local channels shall be covered by the state budget from recurrent expenditures according to budget decentralization.

8. The relevant costs when closing the special-use channel shall be paid by the organization or individual having the special-use channel, except for the case of closure of the channel as prescribed at Point b, Clause 1 of this Article, and shall be paid by the agency requesting the closure of the channel.

Article 12. Survey of inland waterway channels

1. Inland waterway channels during exploitation must be surveyed regularly, periodically and irregularly.

2. Responsibilities for surveying and mapping

a) The Vietnam Inland Waterway Administration, the Department of Transport and organizations and individuals with special-use channels shall survey, make and digitize the plan (if any), prepare, maintain and provide survey database, map to serve the management, announcement and exploitation of the stream;

b) Stream surveying organizations and individuals must provide survey results to the agency specified in Clause 4, Article 13 of this Decree to notify the stream and take responsibility for the provided data and information.

3. Funding for surveying and mapping of inland waterways

a) Funding for survey in service of management and notification of national and local streams as prescribed in this Decree shall be covered by the state budget from recurrent expenditures according to budget decentralization;

b) Organizations and individuals managing special-use streams shall have to allocate funds for surveying in service of stream management and notification according to the provisions of this Decree.

4. The Ministry of Transport shall detail the survey of inland waterway channels.

Article 13. Notification of inland waterway channels

1. Inland waterway channel notification is a document promulgated and announced by agencies or organizations specified in Clause 4 of this Article on the basis of survey results to serve management and provide information and instructions. for crew members, vehicle drivers and related organizations and individuals in order to ensure traffic safety.

2. Stream announcement content

a) For the first stream announcement before it is put into operation: Stream name, length, coordinates of start point, end point, center point of stream; technical level; shoals on the channel, names of obstacles and river crossing works on the channel;

b) For periodic flow announcement: Stream name, length, starting point, end point, centerline coordinates, width, depth, radius of curvature of stream, technical level; representative elevation of the shoal on the channel, name and coordinates, elevation of obstacles, river crossing works on the channel that do not guarantee the size of waterway according to technical grade, water level at the time of survey and some other issues to note;

c) For regular stream announcement: Stream name; the width and depth of the channel in the area where shoals and obstacles are located on the channel; water level at the time of survey; other necessary warnings;

d) For unscheduled stream announcement: Stream name; describe the unexpected situation; location (coordinates, course, depth, altitude) unexpected situations; width and depth of the channel in the area with unexpected situations; water level at the time of survey and the impact of unexpected situations on transportation activities; other necessary warnings.

3. Stream notification form

Notification of inland waterway channels shall be made in writing; posted on the website, updated on the database and map of the number of routes (if any) of the notifying agency specified in Clause 4 of this Article or by mass media.

4. Responsibility to notify

a) The Vietnam Inland Waterway Administration shall notify for the first time a national channel or a special-use channel connected to the national channel;

b) The regional sub-department of inland waterways shall periodically, regularly and irregularly notify national channels and special-use channels connected to national channels;

c) The Department of Transport shall notify for the first time, periodically, regularly and irregularly the local and special-use channels connected to the local channels;

d) When there is an unexpected situation on the channel that affects traffic safety, the unit directly managing and maintaining the channel must promptly notify by signal or sound directly in the area where the traffic situation occurs. and report to the Vietnam Inland Waterway Administration, the Regional Inland Waterway Sub-Department or the Department of Transport.

5. Time for notifying national and local flows: Within 2 working days from the date of receipt of the survey results report, the agency specified in Clause 4 of this Article shall check the data and notify inland waterway channels according to  Form No. 06,  Form No. 07  and  Form No. 08 in the Appendix issued together with this Decree;

6. Time for notification of special-use channels: Organizations and individuals with special-use channels shall submit an application for publication of notices of streams according to  Form No. 09  in the Appendix issued together with this Decree to the agencies specified in Clause 4. This. Within 03 working days from the date of receipt of reports from organizations or individuals with special-use channels, the agency shall notify the checking of data and notify the inland waterway channels.

Section 3. CONSTRUCTION INVESTMENT MANAGEMENT AND OPERATION OF PORTS, INDUSTRIAL WAREHOUSES, AN ANCHOLATION AREA

Article 14. General provisions on investment in construction and operation of ports, inland waterway terminals and anchorages

1. Investment in construction of inland waterway ports, wharves and anchorages must comply with the law on construction investment and this Decree.

2. Port waters, inland waterway terminals and anchorage areas must not overlap with inland waterways; the length of the port water area or inland waterway terminal must not exceed the land adjacent to rivers, canals and canals granted by competent authorities for construction of inland ports and wharves.

3. Inland waterway ports, wharves and anchorages must be announced by a competent authority before being put into operation and use. During the operation of ports, inland waterways, anchorages, investors and operators must comply with and comply with the provisions of the law on inland waterway traffic and other relevant laws. and the contents of the decision to announce the operation; means and equipment for loading and unloading goods, mooring equipment serving the operation of ports, inland waterway terminals and anchorage areas must be ensured of technical safety according to regulations.

4. Inland waterway ports, wharves, anchorages, loading and unloading, transshipment of dangerous goods must comply with the provisions of law on preservation and transportation of dangerous goods.

5. Inland waterway ports, wharves and anchorages have expired their operation term stated in the announcement decision. If the operation extension is not granted, the owner of the port, inland waterway terminal or anchorage area must dismantle the works. equipment that affects traffic safety, scans and clears obstacles in port waters, inland waterways, and anchorages (if any) within 60 days from the date of expiry of the operation period. . The agency competent to publicize the operation of ports, inland waterway terminals and anchorages shall coordinate with the People's Committees of communes, wards and townships (hereinafter referred to as commune-level People's Committees) to supervise the removal. , unloading port works, inland wharves, sweeping and clearing obstacles in port waters, inland waterways, and anchorage areas.

6. Regulations on management of construction investment, operation of ports, inland waterway terminals and anchorages in this Decree do not apply to ports, inland waterway terminals and anchorage areas on defense duty. , security.

Article 15. Agreement on construction specifications of inland waterway ports and wharves

1. Contents of the agreement

a) Location of construction of inland waterway ports and wharves;

b) Functions of inland ports and wharves;

c) Scale of construction of inland waterway ports and wharves.

2. Authority to negotiate

a) The Ministry of Transport shall agree on technical specifications for the construction of inland waterway ports to receive foreign watercraft;

b) The Vietnam Inland Waterway Administration shall agree on technical specifications for the construction of an inland waterway port on the national inland waterway, a specialized inland waterway connected to the national inland waterway, an inland waterway port with an area of water, land area both on national inland waterways and on local inland waterways, inland waterway ports in seaport waters connected to national inland waterways, except for the case specified at Point a of this Clause and other cases decided by the Ministry of Transport;

c) The Department of Transport shall agree on technical specifications for the construction of inland waterway ports on local inland waterways, specialized inland waterways connected to local inland waterways, inland waterway ports within port waters. sea ​​connected to local inland waterways and inland waterway terminals in the province or centrally run city, except for the case specified at Point a of this Clause and other cases decided by the Ministry of Transport.

3. A dossier of agreement on technical specifications for the construction of an inland waterway port includes:

a) An application form for agreement on technical specifications for the construction of an inland waterway port, made according to “Form 10” in the Appendix to this Decree;

b) Project file;

c) A copy of the written approval of the project investment policy of the competent authority (if any);

d) Map of the location of the inland waterway port: Show the place name, location of the port, warehouse, yard, water area, the route (km) of rivers, canals and canals; land; adjacent works (if any). The water area on the drawing must show the minimum width from the edge of the bank to the end of the channel width. The map is made on the national coordinate system VN2000 and the state elevation, with the scale from 1/500 to 1/1000.

4. A dossier of agreement on technical specifications for the construction of an inland waterway, including:

a) An application form for agreement on technical specifications for the construction of inland waterway terminals, made according to "Form 10" in the Appendix to this Decree;

b) A copy of the written approval of the project investment policy of the competent authority (if any);

c) Plan of the proposed location of the inland waterway wharf: Show the place name, location of the work, the land, the water area in front of the inland wharf, the route (km) of rivers, canals, canals and other waterways. adjacent works (if any).

5. Order of agreement

a) Inland waterway ports receive foreign watercraft

The investor shall submit 02 sets of dossiers directly or by other suitable forms to the Vietnam Inland Waterway Administration (for inland waterway ports specified at Point b, Clause 2 of this Article), the Department of Transport (for inland waterway ports). with the inland waterway port specified at Point c, Clause 2 of this Article) for appraisal. Within 5 working days from the date of receipt of a complete dossier as prescribed, the Vietnam Inland Waterway Administration and the Department of Transport shall appraise the dossier, if eligible, send a report on appraisal results and 01 set of dossiers to the Ministry of Transport.

Within 05 working days from the date of receiving the appraisal report from the Vietnam Inland Waterway Administration or the Department of Transport, the Ministry of Transport shall consult with the Ministry of National Defense, the Ministry of Public Security and the National Assembly. Provincial-level People's Committees on assurance of national defense and security for the construction of inland waterway ports; within 05 working days from the date of receiving the written request from the Ministry of Transport, the Ministry of National Defense, the Ministry of Public Security and the provincial People's Committee shall give their opinions in writing to the Ministry of Transport. . Within 05 working days from the date of receipt of the written agreement of the Ministry of National Defense, the Ministry of Public Security and the People's Committee of the province, the Ministry of Transport shall issue a written agreement on construction specifications. send to the investor;

b) Inland waterway ports do not accept foreign watercraft

The investor submits 01 application in person or in another suitable form to the Vietnam Inland Waterway Administration or the Department of Transport. Within 05 working days from the day on which the complete application is received, the Vietnam Inland Waterway Administration and the Department of Transport shall send a written agreement on construction specifications to the investor;

c) Inland wharf

The investor submits 01 application in person or in another suitable form to the Department of Transport. For inland wharfs on national inland waterways, specialized inland waterways connected to national inland waterways, before a written agreement is reached, the Department of Transport shall consult with the Waterway Sub-Department. regional inland. Within 05 working days from the date of receipt of the written request from the Department of Transport, the regional Sub-Department of Inland Waterways shall reply in writing. Within 05 working days after receiving the document from the regional Inland Waterway Sub-Department, the Department of Transport shall send a written agreement on construction specifications to the investor;

d) In the case of an inland port or wharve within the seaport waters, before appraising and agreeing on construction specifications, the Vietnam Inland Waterway Administration and the Department of Transport seek opinions from the Port Authority of Vietnam. sea ​​in writing. Within 05 working days from the date of receiving the written request, the Maritime Port Authority shall reply in writing.

6. The term of a written agreement on technical specifications for the construction of inland waterway ports and wharves shall not exceed 24 months from the date of signing the document. After the expiry date of the written agreement, if the investor has not yet commenced construction but wishes to continue building an inland waterway port or wharve, the procedures for agreeing on port construction specifications must be re-implemented. inland wharf as prescribed in this Article.