Thông tư 25/2010/TT-BGTVT

CIRCULAR

PROVISIONS ON OPERATION MANAGEMENT OF INLAND PORTS AND WHARVES

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004;

Pursuant to Decree No. 178/2007/ND-CP dated December 03, 2007 of the Government defining the functions, tasks, powers and organizational structure of Ministries, ministerial-level agencies;

Pursuant to Decree No 51/2008/ND-CP dated April 22, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to Resolution No. 25/NQ- CP dated June 2, 2010 of the Government on the simplification of 258 administrative procedures under the scope of management of ministries and sectors;

The Minister of Transport regulates the operation management of inland ports and wharves as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular regulates the operation management of inland ports and wharves and of water means of transportation in the waters of the inland ports and wharves.

2. Inland ports and wharves are classified into cargo ports, wharves, passenger wharves, cross-river passenger wharves and people's wharves.

Article 2. Subjects of application

This Circular applies to organizations and individuals investing in construction, management and operation of inland ports and wharves; using water means of transportation or performing other activities related to inland ports and wharves.

Article 3. Explanation of terms

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

1. Cargo ports and wharves are inland ports and wharves used for loading and unloading, new building and repair of water means of transportation or performance of other services (if any).

2. Passenger ports and wharves are inland ports and wharves used for picking up and dropping off passengers to go up and down water means of transportation and performing other services (if any)

3. Cross-river passenger wharves are inland wharves in service of transportation of passenger across river.

4. People’s wharves are inland wharves only used for activities of families, receiving vehicles with a full load up to 15 tons and total capacity of the main engine up to 15 HP or vehicles with burden up to 12 passengers.

5. Flow to ports and wharves is the flow connected from the boat flow to the waters in front of inland docks and wharves.

6. Water of inland ports is the water in front of the wharves, anchoring area of vehicles and flow into ports, the water for the service of supply and cargo transshipment area (if any).

7. Water of inland wharves is the water in front of wharves and anchoring area of vehicles and flow into wharves (if any).

8. Water means of transportation is the Vietnamese inland water means of transportation, vessels and foreign water means of transportation allowed to operate in Vietnam.

9. Foreign water means of transportation is the inland water means of transportation and foreign vessels that are issued Certificate of registration.

10. Owners of ports wharves are organizations and individuals investing in building inland ports and wharves or assigned by the investors to manage inland ports and wharves.

11. Operators of ports and wharves are organizations and individuals using inland ports and wharves for business and operation.

12. Pilot station is the water announced by the competent authorities so that the foreign water means of transportation and Vietnamese vessels may anchor for pilot services.

13. Water of seaport is the water within the scope of management of the Port Authority as prescribed by the Ministry of Transport.

Article 4. Conditions for operation of cargo ports and wharves

1. For cargo ports

a) Not located in areas where construction is prohibited under the provisions of law in accordance with planned infrastructure development of inland waterway traffic, having stable topography and hydrology to ensure the safety and convenience of the vehicles going in and out;

b) Port waters not overlapping the boat flows;

c) Dock works ensure safety standards; port flows (if any) must consist with the technical standards of inland water flow as prescribed.

d) Installation of inland water signals as prescribed.

e) Loading and unloading equipment (if any) must ensure the technical safety standards and consist with the structure, load-bearing capacity of the dock works;

g) For ports specialized in loading and unloading of dangerous goods, in addition to the conditions specified at Points a, b, c, d and e of this Clause, the regulations of relevant laws relating to the loading and unloading of dangerous goods.

h) Announced as inland ports by the competent authorities as prescribed in Article 7 of this Circular.

2. For passenger ports

a) Ensuring to meet the conditions specified at Point a, b, c, d and g, Clause 1 of this Article.

b) There is bridge for passengers to go up and down safely and conveniently, shelter, port rules and fare listing table and lights for passengers up and down at night.

3. For cargo wharves

a) Not located in the area of prohibited construction as prescribed by law with stable topography and hydrology to ensure the safety and convenience for all vehicles to go in and out. In case the ports are located in the area of prohibited construction, they can be used temporarily if approved in writing by the competent agency of specialized management for that area of prohibited construction.

b) Wharf water not overlapping the boat flow;

c) Structure of wharves must ensure the safety; the flow to wharves (if any) must be consistent with technical standards of inland waterway flow as prescribed.

d) Installation of inland waterway signals;

e) Loading and unloading equipment (if any) must ensure the technical safety standards in line with structure and load-bearing capacity of wharves;

g) For ports specialized in loading and unloading of dangerous goods, in addition to the conditions specified at Points a, b, c, d and e of this Clause, the regulations of relevant laws relating to the loading and unloading of dangerous goods.

h) Being issued License of inland wharf operation by the competent authorities as prescribed in Article 7 of this Circular.

4. For passenger wharfs

a) Ensuring the conditions specified at Points a, b, c, d and g, Clause 3 of this Article;

b) There is bridge for passengers to go up and down safely and conveniently, shelter, port rules and fare listing table and lights for passengers up and down at night.

Article 5. Conditions for operation of cross-river passenger wharves

1. Not located in areas of prohibited construction as prescribe by law and in accordance with planned infrastructure development of inland waterway traffic, with stable topography and hydrology to ensure safety and convenience for the vehicles

2. There are bridges and ways for people, roadway vehicles up and down safely and conveniently, with sufficient equipment for firm and safe moorage and lights if operating at night.

3. Installation of inland waterway signals as prescribed.

4. There are passenger shelter and fare listing table

5. For cross-river passenger wharves with automobile transportation allowed, the ways up and down the wharves must ensure technical standards in line with type of automobile allowed for cross-river transport.

6. Being issued License of cross-river passenger wharves by the competent authorities as prescribed in Article 7 of this Circular.

Article 6. Conditions for operation of people’s wharves

1. Not located in area of prohibited construction as prescribed by law with stable topography and hydrology to ensure the safety and convenience for vehicles to go in and out.

2. Wharf water must not overlap the boat flow;

3. Installation of inland waterway signals as prescribed.

Chapter II

ANNOUNCEMENT OF INLAND WATERWAY PORT

Article 7. Competent agency to announce inland waterway port; issue of License of operation of inland wharves and cross-river passenger wharves

1. The Minister of Transport shall announce the inland ports and pilot station for inland ports receiving foreign water means of transportation.

2. Director of Vietnam inland waterway Department shall announce inland ports which do not receive foreign water means of transportation on the national inland waterway, specialized inland waterway connected with the national inland waterway, the specialized inland waterway located on the boundary of two centrally-affiliated provinces or cities or at higher level.

3. Head of inland waterway Sub-Department under Vietnam inland waterway Department shall issue License of operation of inland ports for cargo and passenger wharves under its scope of management located on the national inland waterway, the specialized inland waterway connected with the national inland waterway, specialized inland waterway located on the boundary of two centrally-affiliated provinces or cities or at higher level.

4. Director of area inland waterway Port Authority of the Vietnam inland waterway Department shall re-issue License of operation of inland ports for cargo and passenger wharves under its management area.

5. Director of Service of Transport shall:

a) Announce the inland ports do not receive foreign water means of transportation; issue License of operation of inland ports for cargo and passenger wharves located on the local inland waterway, the specialized inland waterway connected with local inland waterway and sea port water under the scope of administrative boundary of localities.

b) Issue License of operation of cross-river passenger wharves under administrative boundary of localities.

c) Depending on actual situation of locality, Director of Service of Transport shall request the Chairman of provincial-level People’s Committee to decentralize district-level People’s Committee to issue License of operation of inland wharves and License of operation of cross-river passenger wharves.

6. In case the inland ports and wharves (except for cross-river passenger wharves) managed and operated by an organization or individual located on a land lot and national inland waterway and local inland waterway or both located on national inland waterway and seaport waterway, they shall be decided by the Director of Vietnam inland waterway or Head of inland waterway Sub-Department or Director of area inland waterway Port Authority of the Vietnam inland waterway Department as prescribed in Clause 2, 3 and 4 of this Article.

Article 8. Procedures for approving inland port construction

1. For inland ports not receving foreign water means of transportation

a) During the preparation of investment, in addition to the implementation of the regulations of the law on construction investment, the investor sends 01 set of record by post or submits it directly to Vietnam Inland waterway Department or the Service of Transport under the authority as specified in Article 7 of this Circular. The record includes:

- Application for approving the construction of inland port under the form No. 1a in Annex of this Circular.

- The dock site plan and water in front of the dock which the inland waterway management unit has determined that the dock is not located in the corridor of flow protection and the water in front of dock does not overlap the boat flow.

b) Vietnam inland waterway Department or Service of Transport shall receive records. If the records are not clear and complete as prescribed, instruction shall be given to organizations or individuals for completion of records.

c) Within 10 working days after receiving the records as prescribed, the Vietnam inland waterway Department or Service of Transport shall review them. If the records meet the conditions specified at Point a, b, Clause 1, Article 4 of this Circular, they shall issue a written approval for construction of inland ports or a written disapproval stating the reason.

d) Based on the written approval for construction of inland ports, the investor shall conduct the procedures for construction of port. Within 24 months for project of group A, 12 months for other projects from the date of written approval for construction of inland ports, if the investment project has not approved by the competent agencies as prescribed by law on construction, the written approval for construction of inland port shall be invalid. The investor wishing to deploy the project must prepare the procedures for approval for inland port construction.

2. For inland ports receiving foreign water means of transportation.

a) During the preparation of investment, the investors shall send 02 sets of record specified at Point a, Clause 1 of this Article via post or submit them directly at the Vietnam inland waterway Department  or Service of Transport under the competence provided for in Article 7 of this Circular.

b) The Vietnam inland waterway Department or Service of Transport shall receive and verify the records and give instructions to organizations or individuals to complete the records if they are not clear and complete as prescribed,

After verifying the records to request the approval for inland port construction, Vietnam inland waterway Department or Service of Transport shall submit the Ministry of Transport the verification result together with 1 set of record submitted by the investor.

c) The Ministry of Transport shall send a written opinion to the Ministry of Defence, Ministry of Public Security to consider the conditions specified at Point a, b, Clause 1, Article 4 of this Circular in order to issue a written approval for construction of inland port in response to the investor within 10 working days after receipt of records as prescribed or a written disapproval stating the reasons.

d) The duration of validity of the written approval for construction of inland port specified at Point Article, Clause 1 of this Article.

Article 9. Procedures for publication of inland port

1. For ports not receiving foreign water means of transportation.

a) After completing the construction of port, the investor shall send a set of record via post or submit it directly at inland waterway Sub-Department under the Vietnam inland waterway Department (for inland ports under the authority of publication of the Vietnam inland waterway Department) or Service of Transport. The record includes:

- Application for publication of inland port under the form No.1 in Annex of this Circular.

- Certified copy of Decision on investment in construction of port of the competent authorities under the provisions of the law on investment;

- Certified copy of legal papers on land use right;

- The original of certificate of acceptance to put the port into use together with as-built drawing of the site and cross-section of the dock;

- The plot of the port water is implemented by a unit eligible for legal entity on design and consultation of water works to ensure the compliance with regulations on survey to make topographical plot with adequate contents such as: location of water by chainage from km…..to km…., bank (left or right), river (canal)….at ….commune, …..district, ……province (city) or determining by the coordinate system or distance to the standard object; at the boundary of water, specifying the size and bottom elevation of water, the highest and lowest water level, dock works for loading and unloading of cargo or passenger pickup and drop-off, technical level and length of flow to the port, positioning and measuring markers and time for survey to make the plot.

- The original of written confirmation of completion of inland port signal installation; confirmation of completion of scanning and clearance of obstacles formed during the construction of port (if any) of the management unit of inland waterway.

- Certificate of technical safety and environmental protection of the vehicles (if using trunk-buoy instead of dock)

b) The Vietnam inland waterway Sub-Department or Service of Transport shall receive and check the records. If the records are not complete, they shall give instruction to the organizations or individuals for completion.

Within 05 working days after full receipt of records, the Vietnam inland waterway Sub-Department shall verify the records and submit the Vietnam inland waterway Department the verification result together with the records to request the publication of inland ports.

c) Within 05 working days after full receipt of records as prescribed, the Vietnam inland waterway Department or Service of Transport shall review them and issue a decision on publication of inland port under the form No.02 in the Annex of this Circular if the records meet the conditions specified at Point a, b, c and Article, Clause 1, Article 4 of this Circular.

2. For ports receiving foreign water means of transportation

a) After completing the construction of port, the investor shall send 02 sets of record as specifief at Point a, Clause 1 of this Article via post or submit it directly at Vietnam inland waterway Department or Service of Transport under the competence specified in Article 7 of this Circular.

b) The Vietnam inland waterway Department or Service of Transport shall receive and check the records and require the investors to complete the records in case of incompletion.

c) The Vietnam inland waterway Department or Service of Transport shall verify the records and submit the Ministry of Transport the verification result together with a set of record submitted by the investor.

d) Within 10 working days after full receipt of records, the Ministry of Transport shall review them and make a decision on publication of inland ports under the Form No.2 in Annex of this Circular if the records meet the conditions specified at Point a, b, c, Article, Clause 1, Article 4 of this Circular.

3. The competent agencies shall publish the inland port based on the land use term to regulate the duration of validity of the Decision on publication of inland port.

4. In case the the dock of the port has just been completed but the investor need to put it into use immediately in service of construction of other works items of the port, he may request the competent agencies to temporarily announce that the dock has been completed under the procedures specified in Clause 1 or Clause 2 of this Article but the duration of validity of decision on temporary announcement shall not exceed 12 months.

Article 10. Order and procedures for issuance of License of operation of cargo wharves and passenger wharves.

1. Procedures for approving wharf construction

a) Organizations or individuals wishing to open cargo wharf or passenger wharf shall send the competent agencies their License of operation of inland wharf via post or directly submit a set of record including:

- Application for approving inland port under the Form No. 3a in Annex of this Circular.

- The wharf site plan and water in front of the wharf which the inland waterway management unit has determined that the wharf is not located in the corridor of flow protection and the water in front of dock does not overlap the boat flow.

b) Within 07 working days after full receipt of records as prescribed, the competent agencies shall review them and specify approval on the application to be returned to organizations or individuals asking for wharf opening so that they may carry out relevant procedures as prescribed and conduct the construction and reinforcement of wharf if the records meet the conditions specified at Point a and b, Clause 3, Article 4 of this Circular. In case of disapproval, there must be a written reply stating the reasons.

c) Within 12 months from the date of written approval of the competent agencies for construction of wharf, the project of construction of wharf must be approved by the competent agencies (for projects to be approved as prescribed) or built. If the above time limit is over, the written approval shall be invalid.

2. Procedures for issuance of License of operation of wharf

a) Upon completion of the construction, reinforcement of wharf and related work, the organizations or individuals asking for opening wharf shall send a set of record to the competent agency which issues the License of operation of inland wharf via post or direct submission. The record includes:

- Application for issuing License of operation of inland wharf under the Form No.3 in Annex of this Circular.

- Certified copy of papers evidencing the land use right or land use contract as prescribed by law together with the drawing of land lot.

- The original of outline of wharf water and flow to wharf (if any) made by the wharf owner or by consulting unit with complete contents: location of water by chainage from km…..to km…., bank (left or right), river (canal)….at ….commune, …..district, ……province (city) or determining distance to the standard object; at the boundary of water, specifying the size and lowest depth of wharf water and flow to wharf corresponding to water level upon measurement; the length and width of the flow to wharf, berth for loading and unloading of cargo or passenger pickup and drop-off and the time for survey to make the outline.

- The original of written confirmation of completion of inland port signal installation; confirmation of completion of scanning and clearance of obstacles formed during the construction of port (if any) of the management unit of inland waterway.

- Copy of Certificate of technical safety and environmental protection of the trunk-buoy (if using trunk-buoy as berth)

- Written approval allowing site leveling of the competent authority in the case of wharf opening to pump sand and soil for leveling.

- Document of the competent authority approval for temporary use in case the wharf is located in the protection corridor of works under the provisions of specialized laws.

b) Within 05 working days after receiving complete records as prescribed, the competent authority shall issue the License of operation of inland wharf to review them and issue the License of operation of inland wharf under the Form No.4 in Annex of this Circular if the records meet the conditions specified at Point a, b, c and d, Clause 3, Article 4 of this Circular,

c) The competent authority issuing the License of operation of inland port shall base on the term of land use, purpose, nature of use (seasonal or regular) or at the request of wharf owner to regulate the duration of validity of the License of operation of inland port but not exceeding 05 years.

3. In case of several wharves with adjacent waters (called as wharf cluster), the organizations or individuals asking for wharf opening are allowed to make agreement in writing and appoint representatives on behalf of wharf owners to carry out the procedures for construction approval and issuance of License of operation of inland wharf for that wharf cluster by the order and procedures specified in Clause 1 and 2 of this Article.

Article 11. Order and procedures for issuance of License of cross-river passenger wharf.

1. Procedures for approving the opening of cross-river passenger wharf

a) Organizations or individuals wishing to open cross-river passenger wharf shall send the authority having the competence to issue the License of cross-river passenger wharf via post or direct submission of 01 set of record including:

- Application for approving the opening of cross-river passenger wharf with the opinion of People’s Committee of ward/commune (hereafter referred to as communal-level People’s Committee) where the wharf is located under the Form No. 5a in Annex of this Circular.

- Document of the inland waterway management unit determining the operation location of the wharf meets the conditions specified in Clause 1, Article 5 of this Circular.

b) Within 10 working days after full receipt of records as prescribed, the authority having the competence to issue the License of cross-river passenger wharf shall review the records and if the records meet the conditions as prescribed, issue a written approval for opening of cross-river passenger wharf so that organizations or individuals may conduct relevant procedures in accordance with law while building wharf and install safety equipment and signaling system as prescribed.

c) The written approval for opening of cross-river passenger wharf is valid within 24 months for the wharf allowed for automobile transport, 12 months for remaining wharves after the date of the competent authority’s written approval. If the above time limit is over but the project has not been approved as prescribed or built yet (for projects without approval), the written approval shall be invalid.

2. Procedures for issuance of License of operation of cross-river passenger wharf

a) After completing the construction of cross-river passenger wharf, the owner of cross-river passenger wharf may carry on his business and operation or lease or assign to other organizations or individuals for operation.

The operator of cross-river passenger wharf shall send a set of record via post or direct submission to the authority having the competence to issue the License of cross-river passenger wharf.

- Application for issuance of License of operation of cross-river passenger wharf under the Form No.5 in Annex of this Circular.

- The document of inland waterway management unit certifying the completion of cross-river wharf signal installation.

- Certified copy of papers evidencing the land use right or land lease contract as prescribed by law together with the drawing of land lot.

- The outline of wharf water and flow to wharf made by the wharf owner or by consulting unit with complete contents: location of water by chainage from km…..to km…., bank (left or right), river (canal)….at ….commune, …..district, ……province (city) or determining distance to the standard object; at the boundary of water, specifying the size and lowest depth of wharf water and flow to wharf corresponding to water level upon measurement; the length and width of the flow to wharf, berth for passenger pickup and drop-off and the time for survey to make the outline.

- The original of written confirmation of scanning and clearance of obstacles in the wharf water (if any) of the management unit of inland waterway.

- The design and certificate of acceptance and as-built certificate to put the wharf works into use for cross-river passenger wharf stop work on the wharf is used for wharves having vehicles to transport passengers across river are allowed to transport vehicles;

- Certified certificate of registration, certificate of technical safety and environmental protection of the vehicles transporting passengers across river.

- Wharf lease contract or document of the wharf owner is handed over to organizations or individuals operating the wharf (in case of wharf lease or assigned to operate wharf).

b) Within 05 working days after full receipt of records as prescribed at Point a of this Clause, the competent authority shall review the records and issue the License of operation of cross-river passenger wharf to the wharf operator under the Form No.06 in Annex of this Circular if the records meet the conditions specified in Clause 1, 2, 3, 4 and 5, Clause 5, Article 5 of this Circular.

In case the two terminals of a cross-river passenger wharf are operated by the same operator and licensed under competence of an agency, the owner of the cross-river passenger wharf shall apply for issuance of License of operation of cross-river passenger wharf under the Form No. 5b in Annex of this Circular. The competent authority shall issue a License of operation of cross-river passenger wharf to both terminals under the Form No. 6b in Annex of this Circular.

c) The competent authority issuing the License of operation of cross-river passenger wharf shall base on the scale of construction of wharf works, term of land use, term of wharf lease contract or the term assigned to operate the wharf in order to regulate the term of License of operation of cross-river passenger wharf.

Article 12. Procedures for re-publication of inland port.

1. For ports not receiving foreign water means of transportation

a) Organizations or individual shall send 1 set of record via post or submit it directly at the inland waterway Sub-Department under the Vietnam inland waterway Department (for inland port under the competence in publication of Vietnam inland waterway Department) or Service of Transport. The record includes:

- For the case of re-publication due to invalidity of publication decision:

+ Application for re-publication of inland port under the Form No.1b in Annex of this Circular.

- For the case of re-publication due to the change of owner but the contents published still remain unchanged:

+ Application for re-publication of inland port under the form No. 1b in Annex of this Circular;

+ Legal document on division or merger or legal document on port transfer and record related to owner handover in case of change of port owner.

- In case of re-publication due to change of published contents such as:

+ Application for re-publication of inland port under the Form No.1b in Annex of this Circular;

+ The original or certified copy of papers evidencing the above changed contents.

b) The Vietnam inland waterway Sub-Department or Service of Transport shall receive and check the records. If the records are incomplete, instruction shall be given to the organizations or individuals for completion of their records.

Within 05 working days after full receipt of records, the Vietnam inland waterway Sub-Department shall verify the records and submit the Vietnam inland waterway Department the verification result together with 1 set of record to request the publication of inland port.

c) The Vietnam inland waterway Department or Service of Transport shall review the records and make a decision on re-publication of inland port if the records meet all conditions and reply in writing, stating the reason if the records do not meet all conditions.

d) The time limit for settlement and validity of the decision on re-publication of inland port as prescribed at Point c, Clause 1 and 3, Article 9 of this Circular.

e) In case of re-publication due to expansion or upgrade to raise the capacity through ports, applying provisions in Article 8 and Clause 1 and 3, Article 9 of this Circular for the expansion or upgrade.

2. For ports receiving the foreign water means of transportation

a) The organizations or individuals shall send 02 sets of record via post or submit them directly at the Vietnam inland waterway Department or Service of Transport. The record includes:

- For case of re-publication due to invalidity of the publication decision:

+ Application for re-publication under the Form No.1b in Annex of this Circular.

- In case of change of owner but the contents published still remain unchanged.

+ Application for re-publication under the Form No.1b in Annex of this Circular.

+ Legal document on division or merger or legal document on port transfer and record related to owner handover in case of change of owner.

- In case of re-publication due to the change of content compared with Decision previously published such as land area and water area:

+ Application for re-publication under the Form No. 1b in Annex of this Circular;

+ Legal documents evidencing the above changes.

b) The Vietnam inland waterway Department or Service of Transport shall receive and verify the records and submit document to the Ministry of Transport together with 01 set of record to request the re-publication of inland port if the records meet all conditions.

c) The Ministry of Transport shall consider to make a decision on re-publication of inland port and reply in writing stating the reason in case of ineligibility for re-publication.

d) The time limit for settlement and validity of decision on re-publication of inland port are specified at Point Article, Clause 2, 3, Article 9 of this Circular.

e) In case of re-publication due to expansion or upgrade to raise the capacity through ports, applying provisions in Article 8 and Clause 1 and 3, Article 9 of this Circular for the expansion or upgrade.

Article 13. Procedures for re-issuance of License of operation of inland port and License of operation of cross-river passenger wharf

1. Procedures for re-issuance of License of operation of inland port

a) Organizations or individuals shall send 01 set of record via post or submit it directly to the competent authority. The record includes:

- For case of re-issuance of operation License due to its expiration:

+ Application for re-issuance of License of operation of inland port under the Form No.3b in Annex of this Circular.

- In case of re-issuance of License due to the change of owner but the contents of License issued remain unchanged.

+ Application for re-issuance of License of operation of inland port under the Form No.3b in Annex of this Circular;

+ Legal document on division or merger or legal document on wharf transfer and record related to owner handover in case of change of wharf owner.

- In case of re-issuance of License due to the change of content compared with the License issued:

+ Application for re-issuance of License of operation of inland port under the Form No.3b in Annex of this Circular.

+ Legal papers evidencing the above changes.

b) The authority having competence to issue Licence of operation of inland port shall receive and check the records and re-issue the License of operation of inland port if meeting all conditions. In case of disapproval for re-issuance, there must be a written reply stating the reason.

c) The time limit for settlement and validity of Licence of operation of inland port are specified at Point b and c, Clause 2, Article 10 of this Circular.

d) In case of re-issuance of Licence of operation of inland port due to expansion or upgrade to raise capacity through wharf, the provisions in Clause 1 and 2, Article 10 of this Circular.

2. Procedures for re-issuance of License of operation of cross-river passenger wharf

a) The wharf operator shall send 01 set of record via post or submit it directly to the competent authority. The record includes:

- In case of re-issuance of License of operation due to its expiration:

+ Application for re-issuance of License of operation of cross-river passenger wharf  under the Form No.5c in Annex of this Circular.

- In case of re-issuance of License due to the change of owner but the contents of License issued remain unchanged.

+ Application for re-issuance of License of operation of cross-river passenger wharf under the Form No.5c in Annex of this Circular.

+ Legal document on division or merger or legal document on wharf transfer and record related to owner handover in case of change of wharf owner.

- In case of re-issuance of License due to the change of content compared with the License issued:

+ Application for re-issuance of License of operation of cross-river passenger wharf under the Form No.5c in Annex of this Circular.

+ Legal papers evidencing the above changes.

b) The authority having competence to issue Licence of operation of cross-river passenger wharf shall receive and check the records and re-issue the Licence of operation of cross-river passenger wharf if meeting all conditions. In case of disapproval for re-issuance, there must be a written reply stating the reason.

c) The time limit for settlement and validity of Licence of operation of cross-river passenger wharf shall comply with provisions at Point b and c, Clause 2, Article 11 of this Circular.

d) In case of re-issuance of Licence of operation of cross-river passenger wharf due to expansion or upgrade to raise capacity through wharf, the provisions in Clause 1 and 2, Article 11 of this Circular.

Article 14. Suspension of operation, temporary suspension of operation of inland wharf and port

1. Wharf or port is suspended from operation in the following cases:

a) Conditions for topographical and hydrological changes do not ensure safety for operations of inland wharf or port;

b) Owner of wharf or port has terminated his operation;

c) There is requirement on suspension of operation or clearance of competent state authority.

2. Inland wharf or port is suspended from operation with definite time in the following cases:

a) Works of wharf or port degraded do not ensure safe conditions as prescribed at Point c, Clause 1, Point c, Clause 3, Article 4 (for cargo wharves or ports), Point c, Clause 1, Point b, Clause 2 of or Point c, Clause 3, Point b, Clause 4, Article 4 (for passenger wharves or ports) or Clause 2 of Article 5 (for cross-river passenger wharves) of this Circular;

b) Owners of wharves or ports do not comply with regulations on inland waterway traffic safety order assurance and provisions of this Circular.

3. The competent authority which has decided on publication of port, issuance of License of operation of inland wharf and License of operation of cross-river passenger wharf has the right to make a decision on suspension of operation or temporary suspension of operation of inland wharves or ports.

The decision on suspension of operation of inland wharves or ports is under the Form No.7 in Annex of this Circular.

The Decision on temporary suspension of operation of inland wharves or ports is under the Form No.8 in Annex of this Circular.

Chapter III

MANAGEMENT OF OPERATION OF WATER MEANS OF TRANSPORTATION; RESPONSIBILITIES OF ORGANIZATIONS OR INDIVIDUALS OPERATING AT INLAND WHARVES OR PORTS

Section 1. PROCEDURES FOR WATER MEANS OF TRANSPORTATION ENTERING AND LEAVING WATER OF CARGO PORTS AND WHARVES, PASSENGER PORTS AND WHARVES

Article 15. Procedures for inland water means of transportation entering and leaving water of cargo ports and wharves, passenger ports and wharves

1. Vehicles entering wharves and ports:

a) Before the vehicles entering the inland wharves and ports, the captain or mate or steering person shall submit and present the inland waterway Port Authority (hereafter referred to as Port Authority) or Management Board of wharf the following papers:

- Submitted papers (original)

+ Permit of final wharf and port leaving (except for vehicles of transshipment or ship to ship)

+ Certificate of technical safety and environmental protection of the vehicles;

+.Crew list book

- Presented papers (orginal)

+ Certificate of registration of inland water means of transportation (or the copy with certification of credit institutions in case the vehicles are mortgaged and pledged.

+ Professional degree and diploma of crew on the vehicles;

+ Transportation contract or delivery invoice or or bills of lading (for transportation of goods), the passenger list (for passenger vehicles).

b) After examining the papers specified at Point a of this Clause, the Port Authority shall perform actual examination and issue the inland wharf or port entry Permit if the safety conditions are ensured as prescribedor under the Form No.9 in Annex of this Circular.

2. Vehicles leaving wharf or port:

a) Before the vehicles leave wharf or port, the captain or mate or steering person shall present the Port Authority or wharf management Board the original of the following papers:

- Transportation contract or delivery invoice or or bills of lading (for transportation of goods), the passenger list (for passenger vehicles).

- Documents evidencing the payment of charges, fees and fines or repayment of debts as prescribed by law;

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

b) The Port Authority or wharf management Board shall perform actual examination of the vehicles and revoke the inland wharf or port entry Permit and return the Certificate of technical safety and environmental protection of the vehicles, the crew list book and issue the inland wharf or port exit Permit under the Form No.10 in Annex of this Circular.

In case the water means of transportation have been issued the inland wharf or port exit Permit but still anchor in the port or wharf water over 24 hours, the captain, mate or steering person must come to the office of Port Authority to carry out the procedures for wharf or port exit for the water means of transportation.

3. For the vehicles entering or leaving wharf or port for 2 times or more in a day, the Port Authority or wharf management Board shall perform actual examination for the first time and for the second time onwards check other paper as prescribed.

4. For the vehicles newly built or repaired to be launched for test running on the inland waterway, the owner of the vehicles or facilities of new building or repair of vehicles must present the Port Authority or wharf management Board the following papers:

a) The written test running on the inland waterway of the registry office.

b) Scheme to ensure traffic safety upon lauching for the vehicles launched beyond the scope of protection corridor of boat flow with the approval of the unit directly managing the area inland waterway.

Article 16. Procedures for foreign water means of transportation and Vietnamese boats entering or leaving inland wharf or port.

Foreign water means of transportation and Vietnamese boats entering or leaving inland wharf or port shall comply with procedures in accordance with current regulations of maritime law for boats upon entry or exit of seaports.

Section 2. REGULATIONS ON PILOTAGE

Article 17. Compulsory regulations on pilot

The foreign water means of transportation upon operating on the inland waterways or entering or leaving the inland wharf or port must have pilot to lead the way. The Vietnamese water means of transportation or boats upon entry or exit of inland wharfs or ports may require pilot if necessary.

Article 18. Requirement on time of pilot provision

1. Except for emergencies requiring pilots to lead the way to prevent accidents, the pilot request must be notified to the Port Authority and the pilotage organization concerned within 6 hours prior to the port and pilotage organization concerned at least 06 hours prior to the scheduled time of pilot pickup.

2. If after the pilot request but wishing to change the time for pilot meeting or cancel the pilot request, the Port Authority and pilotage organization concerned must be notified at least 3 hours prior to the scheduled time of pilot pickup on board.

3. Pilots shall wait at the agreed location not exceeding 04 hours from the scheduled time of pilot pickup on board, if exceeding this time limit, the pilotage request shall be deemed canceled and the captain must make waiting payment to the pilot as prescribed.

4. Within 01 hour after receiving the request for pilot, the pilotage organization must notify the Port Authority, ship owner or agent of the ship-owner of the location and scheduled time of pilot pickup onboard. If the pilot goes onboard later than the scheduled time and the wrong place announced but makes the ship wait or move to another location, that pilotage organization shall make waiting payment of the ship as prescribed.

Section 3. OPERATION OF WATER VEHICLES OF TRANSPORTATION IN THE WATER OF INLAND WHARVES OR PORTS

Article 19. Handling of accidents in the water of inland wharves or ports

1. The rescue of man and water means of transportation having accidents in the water of inland wharves or ports is the compulsory obligation of the captain and steering person and other organizations or individuals operating at wharves or ports.

2. When detecting accidents or risk of accident occurrence, the captain or the steering person having accident must give emergencey signal immediately as prescribed and apply measures of people and asset rescue while notify the Port Authority or wharf management Board to take timely remedial measures.

3. The Port Authority has the right to mobilize all forces and equipment of wharf or port and other existing equipment in the area to rescue people and assets in distress. Other related organizations or individuals must comply with the order of the Port Authority or wharf management Board to rescue people and assets in distress

4. In case the vehicles are wrecked, after rescuing people and assets, the captain or steering person of the wrecked vehicles must place signals as prescribed and make a report immediately to the owner of the vehciles to conduct salvage. The owner of the vehicles must organize the salvage according to the prescribed time limit and only proceed the work when having taken measures to ensure traffic safety approved by the Port Authority or wharf management Board.

5. In case the vehicles wrecked in the water of wharf or port but the owner of vehicles does not conduct the salvage or conduct improper salvage, the Port Authority or wharf management Board has the right to organize the salvage. The owner of the vehicles must bear all costs and be sanctioned for violations of regulations on inland waterway traffic order and safety assurance.

Article 20. Responsibilities of captain and steering person when the water means of transportation operating in the water of cargo wharf or port and passenger wharf or port.

1. Only allowing the vehicles to be anchored at places designated by the Port Authority or wharf management Board and must not change location intentionally.

2. Complying with the rules of wharf and port and regulations on flood and storm prevention; complying with the order of the Port Authority in emergency cases.

3. When the vehicles drift or change their mooring place due to other objective reasons, the appropriate remedial measures must be taken immediately and the Port Authority or management Board shall be notified.

4. When the vehicles are safely anchored at the designated places, the captain must assign shift to the crew members to maintain machinery, equipment of lifesaving, fire fighting and main engine of the vehicles in a ready status of operation to handle the case of drift anchor, broken wire, stranding and other incidents.

5. When detecting the water means of transportation have people and animals infected with contagious diseases or plant likely to cause pathogenicity, the Port Authority or wharf management Board and other related competent agencies must be immediately notified and the vehicles shall be anchored in designated areas for handling measures.

6. In the process of loading and unloading cargo or passenger pickup and drop-off, it is necessary to check and prepare necessary conditions to ensure labor safety. If detecting unsafe signs, the captain or the steering person must immediately stop to take remedial measures.

7. Foreign water means of transportation must hang national flag of the Republic Socialist of Vietnam on the top of the highest column from sunrise to sunset; in case of hanging of ceremonial flag, funeral flag, whistle pulling on the occasion of their national holidays the Port Authority must be informed in advance.

8. Strictly prohibiting:

a) Intentionally moving the vehicles into wharf or port for cargo loading and unloading or passenger pickup and drop-off without being issued the inland wharf or port entry Permit

b) Using signals casually;

c) Pumping, discharging waste water, disposing waste and oil compounds and other toxic substances into the wharf or port water.

d) Obstructing or causing difficulties to official duty performer, crew of other vehicles passing their vehicles.

Section 4. RESPONSIBILITIES OF OWNER OF PORT AND WHARF AND other ORGANIZATIONS OR INDIVIDUALS OPERATING AT INLAND PORT OR WHARF

Article 21. Responsibilities of owner of inland port or wharf

1. Performing the procedures to request the approval and publication of port, issuance of License of operation of inland wharf and License of operation of cross-river passenger wharf as specified in Article 8, 9, 10, 11, 12 and 13 of this Circular.

2. In case of lease of inland wharf or port, signing contract with the port or wharf operator as prescribed by law and fulfilling their obligations under the signed contract.

3. In case of termination of operation, the wharf or port owner must notify the competent authority which has published the port or issued License of wharf operation to make a decision on suspension of inland wharf or port operation.

4. The owner of people’s wharf shall ensure operation conditions of the wharf as specified in Article 6 of this Circular without affecting the inland waterway traffic activities and not use the people’s wharf in business purpose.

Article 22. Reponsibilities of operator of inland wharf or port

1. For cargo wharf or port and passenger wharf or port

a) Maintaining safe conditions of works and wharf or port water port as prescribed;

b) No loading of cargo or passenger pickup or drop-off on the vehicles which do not ensure technical safety and have adequate papers as prescribed.

c) No loading of permissible oversize or overloaded cargo or excessive number of passengers as prescribed.

 d) Fully complying with regulations of law on loading and unloading of dangerous goods (if the port or wharf specialized in loading and unloading of dangerous goods)

e) Participating in rescue of people and cargo and vehicles upon occurrence of accident. Making a report and coordinating with competent authority to settle and remedy of accident consequences and environmental pollution (if any)

g) Complying with regulations on environmental protection, fire and flood and storm prevention.

h) The loading and unloading equipment must meet working conditions as prescribed by law, the operator of equipment must have professional certificate as prescribed;

i) No loading and unloading of cargo or passenger pickup or drop-off on the vehicles which have not been issued the inland wharf or port entry Permit;

j) Complying with the order of the Port Authority or wharf management Board in rescue of perople, cargo and vehicles upon accident occurrence in the water of inland wharf or port and in the flood and storm prevention.

k) Creating conditions and coordinating with the Port Authority or wharf management Board in traffic safety and order in the wharf and port water.

l) Being examined, monitored and handled by the competent authority on the examination and handling of administrative violation in the area of traffic safety and order.

2. For cross-river passenger wharf

a) Implementing responsibilities specified at Points a, b, c, e and l, Clause 1 of this Article;

b) Not using the vehicles which do not ensure technical safety conditions and lack papers as prescribed; the steering person do not have professional degree or certificate or improper professional degree or certificate.

c) Having agreed with the owner of the cross-river passenger wharf on the opposite bank to perform the procedures to request the issuance of License of operation of cross-river passenger wharf as prescribed; agreed upon the operating plan, freight rate (if no State’s regulation) in order to ensure the uniformity of operation of cross-river passenger transportation and safety and iorder during the operation.

Article 23. Responsibilities of organizations or individuals which survey, perform the works, dredge, salvage obstacles or perform other jobs in the water of inland wharf or port

1. Complying with regulations on traffic safety and order assurance in the water of inland wharf and port and environmental protection.

2. Complying with the order of the Port Authority or wharf management Board in case of emergency to rescue people, cargo and the vehicles upon occurrence of accident or flood and storm.

3. Before the survey, performance of works, dredging, salvage of obstacles or other work in the water of inland wharf or port, there must be agreement of the owner of port or wharf, the Port Authority or wharf management Board upon the plan for safety assurance of activities in the inland wharf or port.

Chapter  IV

IMPLEMENTATION PROVISION

Article 24. Responsibilities of the Vietnam inland waterway Department

1. Developing master plan for inland ports in line with the planned infrastructure development of inland waterway transportation for submission to the Minister of Transport for approval while monitoring the implementation.

2. Organizing the performance of specialized state management in inland wharves or ports located on national inland waterways, specialized inland waterways connected with national inland waterways, specialized inland waterways located in the land boundary of two provinces or more.

3. Receiving reports of localities and units for statistics and summary of nation-wide data under the Form No. 12, 13, 14, 15, 16 in the Annex of this Circular.

4. Monitoring and examining the management of operation of the inland wharves or ports of localities.

Article 25. Responsibilities of Service of Transport.

1. Developing the planning of local inland wharves or ports in line with the master plan of inland waterway traffic development for submission to the provincial-level People’s Committee for approval.

2. Examining and inspecting the compliance with the provisions of this Circular for inland ports and wharves and people’s wharves under the local responsibility.

3. Organizing the performance of specialized state management in inland ports or wharves located in local inland waterways and specialized inland waterways connected with the local inland waterways and port waters.

4. Making list of inland ports, wharves and cross-river passenger wharves under the authority of management and making quarterly and annual reports to provincial-level People’s Committee and the Vietnam inland waterway Department for summing-up

5. For the management of cross-river passenger wharves:

a) Developing the planning and management plan of cross-river passenger wharves, requesting the Chairman of provincial-level People’s Committee to decentralize the issuance of License of operation to district-level People’s Committee; guiding, monitoring and examining district and communal-level People’s Committee in the issuance of License and organization of management to ensure the safety in the operation of cross-river passenger wharves in the area.

b) For cross-river passenger wharves located in the river and canal that are administrative boundary between two centrally-affiliated provinces and cities, coordinating and making agreement with the related Service of Transport in the issuance of License of operation and management of wharves in line with regulations on transportation safety and order assurance during the operation.

Article 26. Effect of Decisions on publication of port, Licence of operation of inland wharf and License of operation of cross-river passenger wharf issued.

1. Decisions on publication of port, Licence of operation of inland wharf and License of operation of cross-river passenger wharf issued under the Decision No. 07/2005/QD-BGTVT dated January 07, 2005 of the Minister of Transport upon expiration, the organizations or individuals must carry out the procedures for re-publication or re-issuance of License of operation as prescribed by this Circular.

2. The inland ports, cargo wharves, passenger wharves and cross-river passenger wharves published or issued License of operation before January 01, 2005 must carry out the procedures for re-publication or re-issuance of License of operation as prescribed by this Circular.

Article 27. Effect

This Circular takes effect 45 days after its signing date. The Decision No. 07/2005/QD-BGTVT dated January 07, 2005 of the Minister of Transport promulgating the Regulation on management of inland wharves and ports shall be annulled.

Article 28. Responsibilities for implementation

1. The Vietnam inland waterway Department shall organize the implementation and examine the implementation of this Circular.

2. Chief of Office, Chief Inspector of the Ministry, Directors of Departments under the Ministry, Director of Vietnam inland waterway Department, Director of Vietnam Maritime Administration, Director of Services of Transport and the heads of agencies organizations and individuals concerned are liable to execute this Circular. /.