Thông tư 11/2016/TT-BQP

CIRCULAR

ON CRITERIA OF PORT CLASSIFICATION, DECLARATION OF LIST OF INLAND WATERWAY PORTS; TECHNICAL CLASSIFICATION, TECHNICAL STANDARDS FOR INLAND WATERWAY PORTS AND STANDARDS OF INLAND WHARVES AND MANAGEMENT OF OPERATION OF INLAND PORTS AND INLAND WHARVES UNDER MANAGEMENT OF MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004; Law on amendments to a number of articles of Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to Decree No. 35/2013/ND-CP dated April 22, 2013 by the Government providing for functions, tasks, powers and organizational structures of the Ministry of National Defense;

At the proposal of the Chief of General Staff,

The Minister of National Defense hereby promulgates the Circular on criteria of port classification, declaration of list of inland waterway ports; technical classification, technical standards for inland waterway ports and standards of inland wharves and management of operation of inland ports and inland wharves under management of Ministry of National Defense.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for:

1. Criteria of port classification, declaration of list of inland waterway ports; technical classification, technical standards for inland waterway ports and standards for inland wharves under the management of the Ministry of National Defense.

2. The planning and decision of the policies on investment in the construction, management, development and operation of inland ports and wharves under the management of the Ministry of National Defense.

3. The management of inland ports and wharves in the port waters waters under this Circular.

Article 2. Subjects of application

This Circular applies to Vietnamese authorities, units, organizations and individuals and foreign foreign organizations and individuals relevant to the classification of ports, declaration of List of inland ports; technical classification, technical standards for inland waterway ports and standards of inland wharves and management of operation of inland ports and inland wharves under management of Ministry of National Defense.

Article 3. Interpretation of terms

This Circular, these terms can be construed as follows:

1. Inland waterway port/wharf under the management of the Ministry of National Defense means an inland waterway port/wharf specialized for national defense mission where watercrafts can anchor, mobilize forces, weapons and ammunitions, load and unload cargo and carry out other services. The inland waterway ports/wharfs include the general ports, cargo ports, passenger ports and specialized ports which are classified into type I, type II and type III and general wharves, specialized wharves, cargo wharves and passenger wharves (if any).

2. Hinterland of ports/wharves under the management of the Ministry of National Defense is limited to build protection belts, port works, warehouses, workshops, offices, service facilities, transport and communication systems, electricity and water systems and other supportive works.

3. Port/wharf waters under the management of the Ministry of National Defense are limited to establish the security control area, the waters in front of the port/wharf, return area, berthing area, transshipment area, unloading area and storm shelter.

4. General port is the port used for unloading cargo, passengerembarking and disembarking and for other services.

5. Specialized port is the inland waterway port used for loading and unloading of cargo and materials for the production or for the building and repair of inland watercrafts and ships serving national defense missions and the storm and flood prevention and search and rescue activities.

6. Watercrafts are ships operating on and under the water surface, including military ships, inland watercrafts, Vietnamese ships and foreign watercrafts, where:

a) Military ships of the Socialist Republic of Vietnam are ships operating on or under water surface which are included on the payroll of units affiliated to the Ministry of National Defense at the request of the General Staff;

b) Inland watercrafts are ships and other floating structures with or without motor specialized in operation on inland waterway;

c) Vietnamese ships are those which have been registered in the Vietnam national ship registration book or since obtained the temporary license by Vietnam consular organ in foreign countries to carry Vietnamese flag;

d) Foreign watercrafts are inland watercrafts or ships whose registration certificate are issued by foreign countries.

7. Seafarers mean people working under the titles prescribed for non-motorized vessels with a gross tonnage of over 15 tonnes each or motorized vessels with total main engine capacity of over 15 horse powers each or vessels with a capacity of over 12 passengers each.

The title “seafarer” on the vehicle comprises the captain, mate and other titles specified by competent authorities for each type of watercraft.

8. Captain means the title of the highest commander on board a non-motorized vessel with a gross tonnage of over 15 tonnes or a motorized vessel with total main engine capacity of over 15 horse powers or a vessel with a capacity of over 12 passengers.

9. Steersman means a person who personally steers a vessel with a gross tonnage of up to 15 tonnes or a motorized vessel with total main engine capacity of up to 15 horse powers or a vessel with a capacity of up to 12 passengers or a raft.

10. Inland port/wharf monitoring unit is the unit affiliated to a squadron/briade/division which is appointed to monitor the port/wharf.

11. Managing unit of an inland port/wharf is a unit of squadron/briade/division or similar level on the payroll of the Ministry of National Defense.

12. Authorities affiliated to the Ministry of National Defense owning inland ports/wharves shall be hereinafter referred to as the Command Headquarter of Military district or the like.

Article 4. Fundings

The planning and management of inland ports/wharves under the management of the Ministry of National Defense shall be covered by the state budget. Every year, authorities and units shall formulate and send budget estimates to the financial authorities of the same level accoriding to regulations of the Law on budget.

Chapter II

CRITERIA OF PORT CLASSIFICATION, DECLARATION OF LIST OF INLAND WATERWAY PORTS

Article 5. Criteria of port classification

1. Ports are classified according to the following criteria

a) The importance of the inland port to the mission of national defense of the region, the province or the area of the province;

b) The scale of the inland ports, including the infrastructures like warehousing, piers, workshops, control center, training field, working area and rest area for national defense employees under contracts; maritime services; traffic infrastructures for connecting with other means of transport; capacity of receiving the largest watercraft at the current time and capacity of loading goods through ports for 01 (one) year.

2. The classification of inland ports shall be conducted according to the Form No. 01 in the Annex enclosed with this Circular.

Article 6. Declaration of the List of inland ports

1. Competence in declaration of the List of inland ports

The Minister of National Defense shall declare the List of inland ports under the management of the Ministry of National Defense.

2. Procedures for declaration of the List of inland ports

a) Authorities in charge of the inland port shall formulate and send a List of inland ports to the Command Headquarter of Military district or similar unit before the September 01 of every year using the Form No. 03 in the Annex enclosed with this Circular;

b) The Command Headquarter of Military district or similar unit shall inspect and report in writing to the Department of Warfare/ General Staff of the Vietnam People's Army (hereinafter referred to as the Department of Warfare) before the October 01 of every year using the Form No. 03, enclosed with the List of inland ports using the Form No. 05 in the Annex of this Circular;

c) The Department of Warfare shall inspect and report in writing to the Head of the General Staff of the Vietnam People's Army to request the Minister of National Defense to declare the list of inland ports before the December 31 of every year using the Form No. 04, enclosed with the List of inland ports using the Form No. 05 in the Annex of this Circular.

Chapter III

TECHNICAL CLASSIFICATION, TECHNICAL STANDARDS FOR INLAND WATERWAY PORTS AND STANDARDS OF INLAND WHARVES

Article 7. Technical classification of inland ports

Depending on features, importance and scale of the port construction, the technical level shall be determined on the basis of the following standards:

1. The importance of the port to the national defenses activities of the region or the area.

2. Technical level of the inland waterway routes where the port is located.

3. The scope of the port construction and the ability to connect with other means of transports.

4. The capacity of receiving the largest watercralf, the capacity of serving watercrafts.

5. The capacity of loading weapons and ammunitions, maximum size load or loading and unloading goods through the port (tonne per year) mechanically through the port every year; the mobility of soldiers in peacetime as well as wartime.

Article 8. Standards of technical classification of inland ports

1. Pursuant to regulations on standards, the inland ports under the management of the Ministry of National Defense shall be classified into 04 technical levels according to the Form No. 02 enclosed with this Circular.

2. Principle of classification

a) Any inland port under the management of the Ministry of National Defense must satisfy all the standards specified in the Form No. 2 in the Annex of this Circular to be classified to the corresponding level to carry out the national defense tasks;

b) The capacity of loading and unloading of the port must be in accordance with the loading equipment provided for in the technical standard classification;

c) The maximum size of the vehicle shall be in accordance with the maximum size of vehicle that the wharf can serve specified in the as-built dossier of the port construction or the inspection results by the time of classification;

d) The capacity of loading weapons and ammunitions shall be in accordance with the capacity of the loading equipment in the wharf (depending on the inspected loading equipment) mechanically calculated on the ratio of the mass of goods to the total mass of goods loaded in the port according to the loading plans in the technical classification of the port.

Article 9. Standards of inland wharves

The functions of a inland wharf are to be a vertical wharf or inclined wharf for loading and unloading weapons/ammunitions, mobility of soldiers and goods transit. Except for makeshift whaves, inland wharves must comply with the standards of each type. To be specific:

1. Convenience for mobility, in accordance with traffic planning of local government.

2. Not included in the protection corridors of ship/boat lanes and the forbidden areas that are established according to current regulations.

3. Equipped with the system of bollards, fenders and signs according to the regulation on signals on inland waterways. For case of operation at night, the loading/unloading and deliverying areas shall be equipped with lighting system.

Chapter IV

MANAGEMENT OF OPERATION OF INLAND PORTS AND WHARVES

Section 1. INVESTMENT IN CONSTRUCTION OF INLAND PORTS AND WHARVES

Article 10. Inland ports and wharves planning

1. The planning of inland ports and wharves under the management of  the Ministry of National Defense must be in accordance with the national defense missions of the region/area, the economic and social development in local area and must be consistent with other means of transport.

2. The Minister of National Defense shall grant approval for the planning of inland ports and wharves system under the management of the Ministry of National Defense.

Article 11. Principle of investment in construction of inland ports and wharves

1. The Minister of National Defense shall be the governing body investing in the construction of inland ports and wharves under the management of the Ministry of National Defense.

2. The unit in charge of the inland ports/wharves is the investor in the construction of such inland ports/wharves.

3. The investment in the construction of a inland port/wharf must comply with national technical regulations and standards; legislations on construction investment; fire safety; environmental protection; traffic safety and other regulations in this Circular.

4. If the project on investment in the construction of inland ports/wharves has not been included in the Planning of is different from the planning, before implementing the project, the investor shall report the planning to the Minister of National Defense for approval.

Article 12. Decision on plan on investment in construction of inland ports and wharves

1. The Minister of National Defense shall decide the policy on the investment in the construction of inland ports and wharves under the management of the Ministry of National Defense.

2. An application for approval for the plan on investment in the construction of a inland port/wharf comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) A land use right certificate of the garrisoning decision (the certified true copy);

c) A topographical map of the expected location of the port/wharf, the space and waters of the port/wharf;

d) An environmental impact assessment report.

3. Procedures

a) The unit in charge of the inland port/wharf shall make up and send 06 (six) sets of application specified in clause 2 of this Article to the Command Headquarter of Military district or similar unit by post;

b) Within 05 (five) working days from the day on which the satisfactory application is received, the Command Headquarter of the Military district or similar unit shall check the validity and shall send the application enclosed with a writing to the Department of Warfare. If the application is rejected, the Command Headquarter of Military district or similar unit shall send the applicant a request for completion containing guidelines;

c) Within 05 (five) working days from the day on which the satisfactory application is received, the Department of Warfare shall check the validity and send the application together with a writing to the Head of the General Staff of the Vietnam People's Army to send to the Department of Planning and Investment, Department of Finance, Department of Military Science affiliated to the Ministry of National Defense, Department of Barrack affiliated to the General Department of Army Ordnance (hereinafter referred respectively to as the Department of Planning and Investment, Department of Finance, Department of Military Science, Department of Barrack) for inspection. If the application is rejected, the Department of Warfare must send the Command Headquarter of Military district or similar unit a request for completion.

Within 10 (ten) working days from the day on which the request for inspection by the General Staff enclosed with the application is received, the Department of Planning and Investment, Department of Finance, Department of Military Science and Department of Barrack shall send a inspection report to the Department of Warfare;

d) Within 20 (twenty) working days from the day on which the inspection reports are fully received, the Department of Warfare shall summarize and send to the Head of the General Staff the inspection report using the Form No. 06 in the Annex enclosed with this Circular, enclosed with the application sent by the investor. The Head of the General Staff shall send the report and the application to the Minister of National Defense for consulting relevant Ministries, sectors and localities;

dd) Within 05 (five) working days from the day on which the responses of relevant Ministries, sectors and localities are received, Department of Warfare shall summarize and report to the Head of the General Staff, to request the Minister of National Defense to issue the decision to approve the plan on investment in the construction of the inland port/wharf using the Form No. 07 in the Annex enclosed with this Circular. If the application is rejected, a written response containing explanation shall be sent.

Section 2. COMPETENCE AND PROCEDURES FOR DECLARATION OF OPERATION OF INLAND PORTS, LICENSING FOR INLAND WHARVES

Article 13. Competence in declaration of operation of inland ports

The Minister of National Defense shall declare and redeclare the operation of inland ports under the management of the Ministry of National Defense.

Article 14. Competence in issuance of license to operate an inland wharf

The Minister of National Defense shall issue and reissue the license to operate an inland wharf under the management of the Ministry of National Defense.

Article 15. Declaration of operation of inland ports

1. An application for declaration of operation of an inland port comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) A certified true copy of the decision on investment in the construction of ports issued by the Minister of National Defense or a duplicate enclosed with the original for comparison (applicable to direct submission);

c) The approved technical dossier; as-built dossier;

d) A work acceptance record;

dd) The waters topographical map of the port;

e) A certified true copy of the certificate of technical safety and environmental protection of floating buoys (if floating buoys are used instead of pontoons).

2. Procedures

a) The unit in charge of the inland port shall make up and send 01 (one) set of application specified in clause 1 of this Article to the Command Headquarter of Military district or similar unit by post;

b) Within 05 (five) working days from the day on which the satisfactory application is received, the Command Headquarter of the Military district or similar unit shall check the validity and shall send the application enclosed with a writing to the Department of Warfare. If the application is rejected, the Command Headquarter of Military district or similar unit shall send the applicant a request for completion containing guidelines;

c) Within 20 (twenty) working days from the day on which the inspection reports are fully received, the Department of Warfare shall inspect and send to the Head of the General Staff the inspection report. The Head of the General Staff shall send the report and the application to the Minister of National Defense for issuing the decision to declare the operation of the inland port using the Form No. 07 of the Annex enclosed with this Circular. If the application is rejected, a written request for completion of the application shall be sent to the Command Headquarter of Military district or similar unit.

3. The effective time of the decision to declare the operation of inland port shall be equivalent to the use term of land allocated by the competent authority or the term specified in the garrisoning decision.

4. If only the construction of the pontoon has been finished but the investor want to use the pontoon immediately for the construction of other work items of the port, the investor may request the Minister of National Defense to issue a temporary declaration of the operation for the finished part according to regulations in Clause 1 of this Article. Effective duration of the temporary declaration must not exceed 12 months.

Article 16. Redeclaration of operation of inland ports

1. The operation of an inland port may be redeclared in the following cases:

a) There is change in the unit managing the port;

b) There is change in infrastructures of the port construction, the lands, the waters or the functions of the port.

2. An application for redeclaration of operation of an inland port comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) In case of change in managing unit of the port without change of the declared contents, the managing unit must send the documents relevant to the transfer of management of the port;

c) For case of redeclaration of the operation due to change of the infrastructures of the port, the lands, the waters, funcstion of the port, documents proving the changed contents shall be sent by the managing unit;

d) The applicatioon for the redeclaration of operation due to the extension or upgradation to improve the capacity of the port shall comply with regulations in Article 15 of this Circular for the extended or upgraded part.

3. Procedures

a) The unit in charge of the inland port/wharf shall make up and send 01 (one) set of application specified in clause 2 of this Article to the Command Headquarter of Military district or similar unit by post;

b) Within 05 (five) working days from the day on which the satisfactory application is received, the Command Headquarter of the Military district or similar unit shall check the validity and shall send the application enclosed with a writing to the Department of Warfare. If the application is rejected, the Command Headquarter of Military district or similar unit shall send the applicant a request for completion containing guidelines;

c) Within 20 (twenty) working days from the day on which the inspection reports are fully received, the Department of Warfare shall inspect and send to the Head of the General Staff the inspection report. The Head of the General Staff shall send the report and the application to the Minister of National Defense for issuing the decision to redeclare the operation of the inland port using the Form No. 07 of the Annex enclosed with this Circular. If the application is rejected, a written request for completion of the application shall be sent to the Command Headquarter of Military district or similar unit.

4. The effective time of the decision to redeclare the operation of inland port shall be equivalent to the use term of land allocated by the competent authority or the term specified in the garrisoning decision.

Article 17. Issuance of license to operate an inland wharf

1. An application for the license to operate an inland wharf comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) The approved technical dossier or the approved economic-technical reports; as-built dossier;

c) A work acceptance record;

d) A map of the waters in front of the wharf and the entry and exit routes.

2. Procedures

a) The unit in charge of the inland wharf shall make up and send 01 (one) set of application specified in clause 1 of this Article to the Command Headquarter of Military district or similar unit by post;

b) Within 10 (ten) working days from the day on which the satisfactory application is received, the Command Headquarter of the Military district or similar unit shall check the validity and shall send the application enclosed with a writing to the Department of Warfare. If the application is rejected, the Command Headquarter of Military district or similar unit shall send the applicant a request for completion containing guidelines;

c) Within 20 (twenty) working days from the day on which the inspection reports are fully received, the Department of Warfare shall inspect and send to the Head of the General Staff the inspection report. The Head of the General Staff shall send the report and the application to the Minister of National Defense for issuing the license to operate an inland wharf using the Form No. 08 in the Annex enclosed with this Circular. If the application is rejected, a written request for completion of the application shall be sent to the applicant by the General Staff.

3. The effective time of the license to operate an inland wharf shall be equivalent to the use term of land allocated by the competent authority or the term specified in the garrisoning decision.

Article 18. Reissuance of license to operate an inland wharf

1. An inland wharf may apply for reissuance of the license to operate in the following cases:

a) There is change in managing unit of the inland wharf;

b) There is change in the land, the waters and functions of the inland wharf.

2. An application for reissuance of the license to operate an inland wharf comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) For case of change in the managing unit without necessity for modification of the issued license, the managing unit shall enclosed documents relevant to the transfer of management with the application;

c) The application for reissuace of the license due to the change in the lands, the waters and the functions of the wharf, the managing unit shall be enclosed with documents proving the change;

d) The application for reissuance of the license due to the extension or upgradation to improve the capacity of the port shall comply with regulations in Article 17 of this Circular for the extended or upgraded part.

3. Procedures

a) The unit in charge of the inland wharf shall make up and send 01 (one) set of application specified in clause 2 of this Article to the Command Headquarter of Military district or similar unit by post;

b) Within 10 (ten) working days from the day on which the satisfactory application is received, the Command Headquarter of the Military district or similar unit shall check the validity and shall send the application enclosed with a writing to the Department of Warfare. If the application is rejected, the Command Headquarter of Military district or similar unit shall send the applicant a request for completion containing guidelines;

c) Within 20 (twenty) working days from the day on which the inspection reports are fully received, the Department of Warfare shall inspect and send to the Head of the General Staff the inspection report. The Head of the General Staff shall send the report and the application to the Minister of National Defense for reissuing the license to operate an inland port using the Form No. 08 in the Annex enclosed with this Circular. If the application is rejected, a written request for completion of the application shall be sent to the applicant by the General Staff.

4. The effective time of the reissued license to operate an inland wharf shall be equivalent to the use term of land allocated by the competent authority or the term specified in the garrisoning decision.

5. For wharf temporarity operated serving the material handling of materials and equipment for the building and repair of military ships, construction of works and other constructional items, the effect of the reissued license shall be equivalent to the duration of the building/repair of such items and constructions.

Article 19. Suspension of operation of an inland wharf

1. An inland port/wharf under the management of the Ministry of National Defence shall be imposed suspension of operation in any of the following cases:

a) Conditions regarding the topography, natural disaster, hydrography may affect the safety of ships and other vehicles in the inland port/wharf;

b) The operation of the inland port/wharf directly affects the national security and social order;

c) It is included in the economic-social development plannind of local government;

d) There is a decision on suspension of the operation of the Minister of National Defense.

2. A fixed-term suspension of operation shall be imposed on a port/wharf which is damaged and does not ensure the designed conditions, affect or likely to affect the traffic safety.

3. The Minister of National Defense shall decide the permanent or fixed-term suspension of operation of inland ports and wharves under its management using the Form No. 07 in the Annex enclosed with this Circular.

4. After 15 (fifteen) working days since the day on which the decision on suspension of operation of the inland port/wharf takes effect, the managing unit shall handle the obstacles in the port/wharf area; dismantle the inland waterway signals at the port/wharf. If the managing unit of the port/wharf under the management of the Ministry of National Defense fails to carry out the abovementioned regulation, the authority in charge of the inland port/wharf under the management of the Ministry of National Defense may carry out the dismantlement; the managing unit of the inland port/wharf must pay the handling cost.

Section 3. WATERCRAFT ENTERING AND LEAVING AN INLAND PORT/WHARF

Article 20. Military ships entering in or leaving from inland ports/wharves

1. At least 24 (twenty four) hours before entering the inland port/wharf, the unit owning the ship must discuss with the managing unit of the port/wharf the code of the ship, the purpose of entering the port/wharf, time of arrival, duration of staying at the port/wharf. The managing unit of the port/wharf shall notify the monitoring unit of the port/wharf of the enter and exit so that the placement of ships is arranged.

2. Before the vehicle enter in or leave the inland port/wharf, the captain or the manager of the ship or the authorized person (hereinafter referred to as the procedure implementer) shall present the originals of the following documents to the mornitoring unit of the port/wharf:

a) The command or plan approved by a competent authority;

b) The certificate of registration of the vehicle, the registry in accorfance with the registered number;

c) Ther certificate of technical safety;

d) A technical inspection record;

dd) Qualifications suitable for the position and the vehicle;

e) The List of seafarers or the decision on the list of officials and soldiers working on the ship, the list of passengers (if any);

g) The certificate of professional military officer/soldier, national defense employees (hereinafter referred to as the military certificate) or similar paper (on request);

h) Documents related to goods carried by the vehicle (if any).

3. For vehicles newly built or repaired which are test run, these following documents shall be presented to the monitoring unit of the port/wharf:

a) The plan on long-distance test run approved by a completent authority;

b) An inspection record of the Register body certifying that the vehicle is satisfactory for long-distance test run;

c) The List of the members of the team testing the vehicle with conformable personal papers (the ID card (applicable to Vietnamese citizens) or passport and the license issued by a competent authority certifying the professioal capability or permitting the operation of the vehicle (applicable to foreign experts and technicians)).

4. Within 01 (one) hour since documents have been checked according to regulations, the monitoring unit of the port/wharf shall request the Head of the managing unit of the port/wharf to issue the license to enter or leave the port/wharf. The license to enter an inland port/wharf shall be conformable to the Form No. 09, the license to leave a port/wharf shall be conformable to the Form No. 10 in the Annex enclosed with this Circular.

Article 21. Licensing of an inland watercraft to enter an inland port/wharf

1. An application for the license for an inland watercraft to enter an inland port/wharf comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) Required documents:

- The license to leave the last port/wharf (if the vehicle transits goods in the port/wharf waters, such license is not required);

- A valid certificate of technical safety and environmental protection of the inland watercraft;

- A list of seafarers, list of passengers (if any).

c) Papers to be presented

- The certificate of registration of the vehicle (of a duplicate certified by the credit institution in case the vehicle is being mortaged);

- Qualifications of the seafarers suitable for their positions and the vehicle;

- The warehouse requisition slip, the transport contract or the goods transport slip, the list of passengers (if any);

- The ID card or similar paper (on request).

2. Procedures

a) At least 03 (three) working days before entering an inland port/wharf, the organization/individual owning the vehicle shall send a written application for permission to enter the port/wharf to the managing unit of the port/wharf. Within 08 (eight) hours since the application is received, the director of the managing unit of the port/wharf shall report the request to the Head of the Command Headquarter of Military district or the similar unit. Within 08 (eight) hours since the report is received, the Head of the Command Headquarter of Military district or the similar unit shall make response. Within 04 (four) hours since the response of the Head of the Command Headquarter of Military district or the similar unit is received, the managing unit of the port/wharf shall send a written response to the owner of the vehicle and notify the monitoring unit of the port/wharf to determine the mooring place (for cases which are approved). When the vehicle has been at the right place, the procedure implementer shall submit and present the originals of documents specify in Point b and Point c Clause 1 of this Article to the monitoring unit of the port/wharf;

b) Within 01 (one) hour since the documents are certified satisfactory as prescribed in Point b, Point c Clause 1 of this Article, the monitoring unit of the port/wharf shall request the Head of the managing unit of the port/wharf to issue the license to enter the inland port/wharf using the Form No. 09 in the Annex enclosed with this Circular.

Article 22. Licensing of a foreign watercraft or a Vietnamese ship to enter an inland port/wharf

1. An application for the license for a foreign watercraft or a Vietnamese ship to enter an inland port/wharf comprises

a) The Form No. 03 in the Annex enclosed with this Circular;

b) Required documents:

- The license for port transfer when enteriing Vietnam;

- The License to leave the last port/wharf;

- The License issubed by the Ministry of Transport permitting a foreign watercraft to carry out inland transport in Vietnam (applicable to foreign watercrafts);

- A list of seafarers, list of attendants and list of passengers (if any).

c) Papers to be presented

- The certificate of ship registration;

- Ther certificate of technical safety of the ship;

- The discharge book (in case there is change in seafarers from those at the time of entry);

- Qualifiactions of seafarers;

- Passports of seafarers, attendants and passengers (if there is change from those at the time of entry).

2. Procedures

a) At least 03 (three) working days before entering an inland port/wharf, the vehicle owner shall send a written application for permission to enter the port/wharf to the managing unit of the port/wharf. Within 08 (eight) hours since the application is received, the director of the managing unit of the port/wharf shall report the request to the Head of the Command Headquarter of Military district or the similar unit. Within 08 (eight) hours since the report is received, the Head of the Command Headquarter of Military district or the similar unit shall make response. Within 04 (four) hours since the response of the Head of the Command Headquarter of Military district or the similar unit is received, the managing unit of the port/wharf shall send a written response to the owner of the vehicle and notify the monitoring unit of the port/wharf to determine the mooring place (for cases which are approved). When the vehicle has been at the right place, the procedure implementer shall submit and present the originals of documents specify in Point b and Point c Clause 1 of this Article to the monitoring unit of the port/wharf;

b) Within 01 (one) hour since the documents are certified satisfactory as prescribed in Point b, Point c Clause 1 of this Article, the monitoring unit of the port/wharf shall request the Head of the managing unit of the port/wharf to issue the license to enter the inland port/wharf using the Form No. 09 in the Annex enclosed with this Circular.

Article 23. Inland and foreign watercrafts and Vietnamese ships leaving inland ports/wharves

1. Before the vehicle leave an inland port/wharf, the procedure implementer shall present the originals of the following documents to the monitoring unit of the port/wharf:

a) The list of seafarers, attendants and passengers (applicable to passenger transporting vehicles); the transport contract, goods dispatch note or bill of lading (applicable to goods transporting vehicles);

b) Invoices certifying the submission of fees, charges, fines or settlement of loans according to laws;

c) Papers related to the changes (if any) in comparison with documents specified in Point a clause 1 of this Article.

2. Within 01 (one) hour since the documents are certified satisfactory as prescribed in this Article, the monitoring unit of the port/wharf shall request the Head of the managing unit of the port/wharf to issue the license to leave the inland port/wharf using the Form No. 10 in the Annex enclosed with this Circular. If the vehicle issued with the lisence to leave the inland port/wharf still moors at the port/wharf waters area for more than 24 (twenty four) hours, the procedure implementer shall reconduct the procedure for leaving the port/wharf.

3. If the vehicle enters and leaves a port/wharf two or more times per day, the monitoring unit of the port/wharf shall conduct on-site inspection of the first entry/leaving; from the second time, only the inspection of safety conditions is required.

Article 24. Regarding watercrafts entering and leaving a maritime area of the port waters the inland port/wharf

Shall have to perform the entry and leaving procedures for one time at the first port/wharf when entering and one time at the last port/wharf when leaving. Watercrafts are not required to go through the procedures when running between inland ports/wharves or piers in a maritime area.

Section 4. PILOTAGE

Article 25. Compulsory pilotage

When entering or leaving an inland waterway port under the management of the Ministry of National Defense, the foreign watercraft must be guided by pilot according to regulations in Article 65 and 66 of the Decree No. 21/2012/ND-CP dated March 21, 2012 by the Government.

Article 26. Optional pilotage

When entering or leaving an inland port under the management of the Ministry of National Defense, military ships, inland watercrafts and Vietnamese ships may request pilotage according to regulations in Article 25 of this Circular.

Section 5. RESPONSIBILITIES OF SEAFARERS AND VEHICLE OPERATORS WHEN THE VEHICLES OPERATE IN THE WATERS OF AN INLAND PORT/WHARF

Article 27. Responsibilities of seafarers and vehicle operators

1. Only anchor or berth the vehicles at the places designated by the monitoring unit of the port/wharf, must not intentionally change their location.

2. Comply with laws, provisions of this Circular, rules of the port/wharf and regulations on flood and storm prevention; comply with the instruction of the Head of the managing unit of the port/wharf in cases of emergency.

3. When the vehicle drift or change its berthing place due to an objective reason, appropriate handling measures shall be immediately taken and a report shall be sent to the monitoring unit of the port/wharf.

4. When having berthed or anchored at the appointed places, the captain must assign sailors to be 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 monitoring unit of the port/wharf and relevant functional agencies shall be notified and such vehicles shall be taken to a separate berthing place for measures of handling.

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

7. Foreign watercrafts must carry the flag of the Socialist Republic of Vietnam on top of the highest column from 6 a.m to 6 p.m; in case of flying ceremony flag, mourning flag or horning during ceremonial occasions of their countries, such foreign vehicles must send a notice to the monitoring unit of the port 02 (two) day in advance.

8. Must not intentionally drive the vehicles to load or unload goods without being issued with the entry license to enter the port/wharf issued by the Head of the managing unit of the port/wharf; must not use signals arbitrarily; must not hinder or cause difficulties to law enforcers or seafarers of other vehicles passing their vehicles.

9. Captains, seafarers, vehicle operators and organizations/individuals operating in the port/wharf area are responsible for environmental protection in the waters of inland waterway port/wharf. Must not discharge contaminated water, waste, oily substances and other toxic substances into the waters of port/wharf.

Articlr 28. Responsibility of organizations and individuals surveying, performing works, dredging and lifting obstacles or other activities in the waters of inland waterway port/wharf

1. Comply with regulations on traffic order and safety in the waters of inland waterway port/wharf and environmental protection.

2. Comply with the order of the Head of the managing unit of the inland port/wharf in case of rescue of people, goods 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/wharf, the approval from the managing unit of the port/wharf for the safety assurance plan for activities at the inland waterway port/wharf is required.

Article 29. Handling of accidents in waters of inland waterway port/wharf

1. The rescue of people and waterway vehicles having accident in the waters of inland waterway port/wharf is compulsory for captains, seafarers, vehicle operators, organizations and individuals operating at the port/wharf.

2. When detecting any accident or risk of accident, the captain or the vehicle operator shall immediately make emergency signal according to regulations and shall immeditely take measures to rescue people and properties and report the accident to the managing unit of the port/wharf to promptly take remedial measures.

3. The Head of the managing unit of the port/wharf is entitled to mobilize all forces and equipment of the port/wharf and all present means in the area to rescue the people, properties and vehicles in distress. Relevant organizations and individuals shall comply with the order of the Head of the managing unit of the port/wharf to rescue the people, properties and vehicles in distress as prescribed in the Form No. 11 of the Annex enclsoed with this Circular.

4. In case the vehicle sinks, after rescuing people and properties, the captain or the vehicle operator of the wrecked vehicle shall place signals according to regulations and report the case to a functional agency and the owner of the vehicle for salvage. The salvage shall be conducted within the prescribed time and only after applying all measures to ensure the traffic safety according to laws.

5. If the vehicle is wrecked in the waters of the port/wharf, the wrecked vehicle and the collected properties shall comply with regulations issued by the Government.

Section 6. RESPONSIBILITIES IN MANAGEMENT AND OPERATION OF INLAND PORTS/WHARVES

Article 30. General Staff of the Vietnam People's Army

Assist the Minister of National Defense to:

1. Manage inland ports/wharves under the management of the Ministry of National Defence;

2. Harmonize the management of the operation of inland ports/wharves under the management of the Ministry of National Defence.

Article 31. Department of Warfare, Department of Planning and Investment, Department of Finance, Department of military science, Department of barrack

1. Supervise, guide and inspect the management and operation of inland ports/wharves under their management.

2. Inspect the compliance of inland ports/wharves under their management with this Circular.

3. Cooperate with the Command Headquarter of the Military district or similar bodies in carrying out planning and developing the inland port/wharf system under their management.

Article 32. Command Headquarters of Military districts or the like

1. Direct the management of the operation of inland ports and wharves according to laws and this Circular.

2. Supervise and guide the implementation and inspect and expedite the conduct of activities at inland ports/wharves under their management.

3. Cooperate with Department of Warfare, Department of Planning and Investment, Department of Finance, Department of military science and Department of barrack in planning and developing inland port/wharf system under their management.

4. Biannually, annually or irregularly (in case of ultra vires incidents) report to the Ministry of National Defense (via the General Staff) the operation of inland ports/wharves under their management.

Article 33. Managing units of inland ports/wharves

1. Maintain the operation condition of the ports/wharves and anchoring equipment to be conformable to the design to ensure the safety; maintain the inland waterways signals according to rules of inland waterways signals.

2. Establish plans on fire safety, storm and flood prevention and rules of operation of ports/wharves; passenger ports/wharves must have ticket price boards. Content of rules of operation, ticket price boards must be displayed readable and noticeable.

3. There shall be lights for operation at night; passenger ports/wharves (if any) must be equipped with waiting rooms for passengers.

4. Fire fighting equipment must have quantity and quality conformable to laws and must be placed at where convenient for use.

5. Loading and unloading equipment shall fulfill technical safety standards and shall be in accordance with the structures and the bearing of the construction. Opertors appointed for loading and unloading equipment must have qualifications according to laws.

6. Inland ports/wharves receiving foreign watercrafts must have plans on port/wharf security plans and port/wharf security assessment made by competent authorities.

7. Appoint employees to manage and operate port and wahrf to ensure social order and safety.

8. Must not load goods or embark passengers (if any) onto vehicle unconformable to technical safety standards and without required papers; must not load oversized and overweighted cargo or embark passengers (if any) exceeding the allowable quantity; fully comply with laws on loading and unloading of dangerous goods amd ensure to equip sufficiently safety equipment for passengers (if any) according to regulations.

9. Implement and mobilize people, means and equipment to save human, goods and vehicles in case of natural disasters or accidents; report and cooperate with competent authorities to take actions against disaster/accident consequences and environment pollution (if any).

10. Implement provisions related to environmental protection as prescribed in Articles 3 and 4 of Joint Circular No. 21/2013/TTLT-BGTVT-BTNMT dated August 22, 2013 by the Ministry of Transport and the Ministry of Natural Resources and Environment.

11. Quarterly, biannually, annually or irregularly (in case of ultra vires incidents) report to Command Headquarter of the Military district or similar unit the operation of inland ports/wharves under their management.

Article 34. Monitoring units of the ports/wharves

1. Conduct standing monitor of of port/wharf; inspect and promtly request the Head of the managing unit of the port/wharf to issue the licenses to enter or leave the port/wharf for vehicles.

2. Consult the Head of the monitoring unit of the port/wharf about cooperation with relevant units in taking actions against violations in the management and operation of inland ports/wharves.

3. Promtly request the head of the managing unit of the port/wharf to mobilize people, means and equipment to conduct storm and flood prevention, search and rescue and fire fighting activities and take action against environment pollution.

4. Promptly discover and request the head of the managing unit of the port/wharf to cooperate with functional agencies specified in Articles 50, 51, 52 and 53 of Decree No. 179/2013/ND-CP dated November 14, 2013 by the Government in taking actions against violations pertaining to environmental protection in inland port/wharf waters.

Chapter V

IMPLEMENTARY CLAUSE

Article 35. Effect

This Circular comes into effect from April 10, 2016.

Article 36. Responsibilty in implementation

1. The Chief of General Staff, the Director of General Political Department of the People's Army and heads of relevant units are responsible for implementing this Circular.

2. The General Staff (Department of Warfare) shall guide and inspection the implementation of this Circular.

3. Any difficulties arising during the implementation of this Circular shall be reported to the General Staff (via the Department of Warfare) for reporting to the Minister of National Defense for consideration./.