Nghị định 21/2012/ND-CP

Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and navigable channels

Decree No. 21/2012/ND-CP on management of seaports and navigable channels đã được thay thế bởi Decree 58/2017/ND-CP guidelines Vietnam Maritime Code maritime operations và được áp dụng kể từ ngày 01/07/2017.

Nội dung toàn văn Decree No. 21/2012/ND-CP on management of seaports and navigable channels


 THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 21/2012/ND-CP

Hanoi, March 21, 2012

 

DECREE

ON MANAGEMENT OF SEAPORTS AND NAVIGABLE CHANNELS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Vietnam Maritime Code;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on management of seaports and navigable channels,

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of adjustment

1. This Decree provides for investment in, construction and operation of seaports and navigable channels and management of maritime activities in Vietnamese seaports and sea areas.

2. This Decree's provisions on marine navigation safety, marine navigation security and environmental pollution prevention shall apply to military ports, fishing ports, and inland ports and harbors located in seaport waters.

Article 2.- Subjects of application

1. This Decree shall apply to Vietnamese and foreign organizations, individuals and vessels and specialized state management agencies involved in investment in construction and operation of seaports, navigable channels and management of maritime activities in Vietnamese seaports and sea areas.

2. Where a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of such treaty shall prevail.

Article 3.- Application of laws

When operating in Vietnamese seaports and navigable channels, all Vietnamese and foreign organizations, individuals and vessels, and specialized state management agencies shall observe the provisions of this Decree and other concerned provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4.- Interpretation of terms

In this Decree, the below terms shall be construed as follows:

1. Harbor consists of wharves, warehouses and depots, storage yards, workshops, office buildings, service facilities, systems of roads, information and communication, electricity and water supply, entrance fairways, and other support constructions.

2. Wharf is a fixed structure within a harbor for seagoing ships to anchor or moor, load and discharge cargoes, embark and disembark passengers and provide other services.

3. Offshore petroleum port is a work constructed, installed for seagoing ships to enter and leave, operate, load and discharge cargoes and providing other services at offshore petroleum exploitation areas.

4. Pilot reception area is a Water zone being set up and announced, where vessels are anchored or moored to embark and disembark pilots

5. Quarantine area means a delimited area within the seaport waters being set up and announced, where vessels are anchored or moored for quarantine purposes as prescribed by law.

6. Vessel turnaround area means a delimited area within the seaport waters being set up and announced, where vessels can turn around.

7. Anchorage ground means a delimited area within the seaport waters being set up and announced, where vessels are anchored or moored before landing at a wharf, drawing alongside petroleum vessels, entering the transshipment zone, navigating through a channel or providing other related maritime services.

8. Transshipment zone means a delimited area within the seaport waters being set up and announced, where vessels are anchored or moored to transship cargoes or passengers.

9. Storm shelter zone means a delimited area within the seaport waters being set up and announced where vessels are anchored or moored for storm-sheltering purposes.

10. Water zones, waters include pilot reception, quarantine areas, vessel turnaround area, anchorage ground, transshipment zone, storm shelter zone in seaport waters.

11. Public navigable channel is a seaport fairway invested in constructed, managed, and exploited to serve general activities of seaport.

12. Specializing navigable channel is seaport sub-fairway and other navigable channel invested in constructed, managed, and exploited to serve activities of specialized port.

13. Notice to Mariners is written issued and announced by competent agencies in order to supplying information, guiding navigators and concerned organizations, individuals aiming to ensure marine navigation safety, marine navigation security and environmental pollution prevention.

14. Marine navigation signals are equipments or facilities, vessels used for marine navigation signals, set up and operated on the water face or on the land in order to instruct for navigators and concerned organizations, individuals in orientation, determination of vessels’ position.

15. Vessels mean seagoing ships, warships, public-service vessels, fishing vessels, inland water crafts, seaplanes and other water crafts.

16. Procedure-performing person includes ship owner or ship manager, lessee, operator, shipmaster or an authorized person.

17. A written of inspection, certification of having performed contents of report and requirement in decision on approving the environmental impact assessment report is written issued, approved of certified by competent agency as prescribed by the environment law; with respect to drilling rig, floating depot and other floating works at the offshore petroleum port, it is a concerned certification (if any) issued by a register organization or an authorized organization.

18. A written of fire fighting and prevention acceptance is written issued, approved of certified by competent agency as prescribed by the law on fire fighting and prevention; with respect to drilling rig, floating depot and other floating works at the offshore petroleum port it is concerned certification (if any) issued by register organization or authorized organization.

19. Permit for leaving port is written issued or certificated by port authorities or competent agencies where vessels leaving the last port…

20. Marine facilities include seaports, harbors, wharves, buoy wharves, Water zones, waters, navigable channels, marine navigation signals, lighthouses, system of the littoral communication stations and other support constructions of seaport and navigable channel, invested in construction and set up in Vietnamese seaport waters and sea areas.

Article 5. Seaport regulations

1.  Directors of port authorities shall base themselves on the provisions of this Decree and the specific conditions in seaport waters and zones under their management to issue “Seaport regulations” after obtaining the approval thereof of the director of the Vietnam Maritime Administration with a view to ensuring maritime safety and maritime security as well as preventing environmental pollution in maritime activities.

2. Vietnamese and foreign organizations, individuals, vessels when operate in seaport waters and zone under management of port authorities have responsibility for complying with “Seaport regulations”.

Article 6. Content of state management of seaports and navigable channels

1. Formulating and promulgating legal documents of management of seaports and navigable channels; standards, technical regulations, economical and technical norms in relating to management, operating, maintaining, upgrading, protection of seaports and navigable channels.

2. Formulating, approving and organizing implementation of master plans, plans on development of seaports and navigable channels servicing for eco-social development of nationwide or inter – area.

3. Signing, entering and organizing implementation of international treaties relating to seaports and navigable channels.

4. Announcing of opening or closure of seaports; announcing of seaport waters and zones under management of port authorities; announcing of harbors, wharves, buoy wharves, anchorage zones, transshipment zones and other support facilities being put into use.

5. Organizing management of investment in construction and operation infrastructures of harbors, wharves and navigable channels.

6. Organizing the state management with respect to maritime activities; marine salvage; sunken property recovery; handling of maritime accidents, cooperation to maritime search and salvage; protection of the marine environment and national defense and security.

7. Announcing list of sea ports, navigable channels, marine navigation signals and notice to mariners.

8. Organizing the implementation of provisions of Vietnamese law and concerned international treaties of which Vietnam is a member in maritime activities.

9. Inspecting, examining and handling violations as prescribed by law.

Article 7. State management responsibility of seaports and  navigable channels

1. The Government unifies in state management of seaports and navigable channels.

2. The Ministry of Transport organizes implementation of state management of seaports and navigable channels. The Vietnam Maritime Administration performs state management of seaports and  navigable channels under its function, duties and rights.

3. Ministries, People’s Committee of central-affiliated cities and provinces (hereinafter referred as provincial People’s Committee) within scope of their duties and rights, organize the implementation of state management of seaports and navigable channels.

Article 8. Principle of giving a name, changing a name of seaports, offshore petroleum ports, harbors, wharves, buoy wharves, water zones, waters

1. Seaports, offshore petroleum ports, harbors, wharves, buoy wharves, water zones, waters are given name of changed name when making development master plan or construction investment project or announcing of putting into use according to suggestion of investors or concerned organizations.

2. Name of a seaport, an offshore petroleum port must be written in Vietnamese, may be associated with a name in English; beginning with phrase “Seaport”, “offshore petroleum port” and proper name being given under name of place where the seaport or offshore petroleum port is located.

3. Name of a harbor, wharf, buoy wharf, water zone, water are must be written in Vietnamese, may be associated with a name in English; beginning with phrase “harbor”, “wharf”, “buoy wharf”, “zone”, “area” and proper name of facility.

Chapter 2

MANAGEMENT OF INVESTMENT IN, CONSTRUCTION, OPERATION OF SEAPORTS,  NAVIGABLE CHANNELS AND MARINE NAVIGATION SIGNALS

Section 1. INVESTMENT IN AND CONSTRUCTION OF SEAPORTS AND  NAVIGABLE CHANNELS

Article 9. Announcement of lists of classified seaports

1. The Prime Minister shall announce lists of classified seaports at the proposal of the Minister of Transport.

2. The Minister of Transport annual updates and announces lists of harbors in Vietnamese seaports at the proposal of the director of Vietnam Maritime Administration.

Article 10. Making, approving and managing the master plans on seaports and navigable channels development 

1. Formulating, approving and managing the master plans on seaports and navigable channels development must be implemented as prescribed in this Decree and other concerned provisions of law.

2. Responsibility of the Ministry of Transport:

a) Formulating, submitting to the Prime Minister for approving the master plan on development of system of Vietnamese seaports or making a petition for adjustment the approved general master plan;

b) Approving detailing master plans on development of seaport groups;

c) Publicizing and organizing guide, inspection the implementation of approved plans;

d) Deciding adjustment particularly with respect to detailing plans on groups of seaports, harbors, wharves not being contrary to function, scale in the master plan on  development of system of Vietnamese seaports.

3. Responsibility of Vietnam Maritime Administration:

a) Making the master plan on development of system of Vietnamese seaports, detailing plans of development of groups of seaports and submitting to the Ministry of Transport for approving as prescribed;

b) Management of investment in and construction of seaports, harbors, wharves, navigable channels and water zones, waters under the approved seaport development plan;

c) Approving the detailing master plan on harbors, wharves, buoy wharves, water zones, waters belonging to the II- and III-classified seaports in accordance with the approved detailing master plans of seaport groups

4. Responsibility of Ministries and provincial People’s Committees:

a) Coordination to the Ministry of Transport to organize management of plan on seaport development as prescribed in this Decree and other concerned provisions of law.

b) Ensuring land fund, waters for construction and development of seaports under the approved master plans.

Article 11. Principle of investment in and construction of seaports and navigable channels

1.  Vietnamese and foreign organizations, individuals that invest in and construct seaports and navigable channels must obey provisions of this Decree and other concerned provisions of law.

2. Investment in and construction of seaports and navigable channels must comply with approved master plan on seaport development and other approved concerned master plans; in case the project on investment in and construction of seaports and navigable channels has differences from the approved seaport development master plan, before executing such project, the investor must report and be accepted by authorities having competent of approving master plan.

3. Basing on the approved master plan on seaport development, the decision on and announcement of investment form with respect to seaports, harbors shall implement as follows:

a) The Prime Minister  decides and announces the investment form for the I-classified seaports and special important harbors in the I-classified seaports,

b) The Minister of Transport decides and announces the investment form for harbors in the I-classified seaports not stipulated in point a of this clause and the II-classified seaports not stipulated in point c of this clause;

c) The Ministers, the President of the provincial People’s Committee decide and announce the investment form for the II-classified seaports that servicing for development of those branches or locals;

d) For the III-classified seaports shall be decided the investment form by enterprises.

Article 12. Supervision of implementation of master plans and plans and construction of seaports and navigable channels

1. Before making a report on investment in and construction of a seaport, harbor, wharf, navigable channels, water zones, waters, the investor shall send directly or via the postal system a written under Form No.18 of this Decree to the Vietnam Maritime Administration for opinion on whether the master plan on seaports is complied with.

Within 5 working days after receiving the written request of the investor, the Vietnam Maritime Administration shall issue a written reply and send directly or via the postal system to the investor and report it to the Ministry of Transport, provincial People’s Committees where construct such seaports, harbors, wharves, navigable channels, water zones, waters; in case of refusal, it should clearly state the reason therefore.

2. Before constructing a seaport, harbor, wharf, navigable channels, water zone, waters, the investor shall send to the Vietnam Maritime Administration a copy of the decision on investment in and construction of the work together with an overall ground arrangement map, a copy of the decision approving the construction design and the plan on assurance of marine navigation safety.

3. Vietnam Maritime Administration inspect, supervise the implementation of plans of construction of seaport, harbor, wharf, navigable channels, water zone, waters in accordance with the approved master plans and on assurance of marine navigation safety, marine navigation security and prevention of environmental pollution.

Article 13. Supervision of implementation of construction of other facilities in seaport waters 

1. Construction of other facilities in seaport waters without those prescribed in article 11 of this Decree shall comply with provisions of this Decree on assurance of marine navigation safety, marine navigation security, prevention of environmental pollution, and concerned laws.

2. Before constructing a facility, the investor shall send a copy of the investment decision and the overall ground arrangement drawing of the facility to the port authority in charge of the area where the facility is to be constructed for the latter to supervise the construction of such facility with a view to marine navigation safety assurance in the area.

Article 14. Plans on marine navigation safety assurance

1. Before constructing facilities as seaports, harbors, wharves, buoy wharves, water zone, waters, the investor shall be responsible for submitting to competent authority for consideration and approval the plan on marine navigation safety assurance

2. Cases must have plan on marine navigation safety assurance:

a) Seaport facilities;

b) Facilities as harbors, wharves, buoy wharves, navigable channels, marine navigation signals and water zone, waters;

c) Facilities crossing with seaport waters, navigable channels or facilities affecting to maritime activities as bridges, electric lines, cable hangers, underground facilities, drilling rigs, wind electricity, hydroelectric power, thermoelectricity and other similar facilities;

d) Facilities constructed in Vietnamese sea areas affect to maritime activities.

3. The port authorities approve the plan on marine navigation safety assurance; especially for the facilities stipulated in point a, point c, clause 2 of this article before approving, they must have agreement opinion of the Vietnam Maritime Administration.

4. Content of a plan on marine navigation safety assurance:

a) General information of facility, the construction and investment plan including: name of facility, plan; name and address of investor; place of construction; scale of construction;

b) Duration of construction;

c) Approved measure of construction;

d) Measures of marine navigation safety assurance;

dd) Plan on organization and coordination for implementation;

e) Other necessary content.

5. Procedures of approving plan on marine navigation safety assurance:

a) The investor shall send 01 set of dossier requesting for approving plan on marine navigation safety assurance directly or via the postal system to the regional port authority.

b) A dossier requesting for approving plan on marine navigation safety assurance includes:

- A written requesting for approving plan on marine navigation safety assurance made according to Form No.19 of this Decree;

- A copy of decision on investment in and construction of facility;

- A copy of overall ground arrangement map of facility;

- An original of plan on marine navigation safety assurance.

c) Order of receiving and handling dossier:

- The regional port authority shall receive dossier, check conformity of dossier, issue a receipt of dossier and appoint day of repaying result (if dossier is received directly); 

- In case dossier has not been suitable as prescribed in point b of this clause, within 03 working days since receiving dossier, the regional port authority shall guide to complete dossier.

- Within 07 working days since receiving a fully dossier as prescribed, the regional port authority must have a written of approving the plan on marine navigation safety assurance and send it directly or via the postal system to the investor.

6. Before approving a plan on marine navigation safety assurance, the regional port authority organize to take opinions of marine navigation safety assurance, marine pilot units and other concerned agencies, units; marine navigation safety assurance units shall implement the plan on marine navigation safety assurance approved by the investor’s decision.

7. The Vietnam Maritime Administration directs, guides port authorities in supervision the implementation of the plan on marine navigation safety assurance approved.

SECTION 2. ANNOUNCEMENT OF OPENNING OR CLOSURE OF SEAPORTS, HARBORS, WHARVES AND WATER ZONES, WATERS

Article 15. Condition of announcement of opening or closure of seaports, harbors, wharves and water zones, waters

1. Seaports, harbors, wharves and water zones, waters have been finished acceptance to put into use as prescribed.

2. The investor have sufficient dossier, papers as prescribed in article 17 and article 18 of this Decree.

Article 16. Competence to announce the opening or closure of seaports, harbors, wharves and water zone, waters

1. The Minister of Transport shall announce the opening or closure of seaports.

2. The director of the Vietnam Maritime Administration shall announce the opening or closure of harbors, wharves, buoy wharves and water zones, waters.  

Article 17. Procedures for announcement of the opening of seaports

1. The investor send directly or via the postal system to the Vietnam Maritime Administration 01 set of dossier requesting announcement of the opening of seaports including the following papers:

a) A written request for announcement of the opening of the seaport made according to Form No. 20 of this Decree;

b) A written record on the acceptance of the seaport facility being completely constructed and put into use, enclosed with the complete construction drawings of the ground, elevation and cross section of the port facility. For offshore petroleum ports, drawings of elevations and cross sections of port facilities are not required;

c) A written record on the acceptance of the investor and competent agencies or organizations of the result of survey of obstructions on the bottom of the water zone in front of the wharf and seaport fairway, except for offshore petroleum ports;

d) Notice to mariners on the seaport fairways and waters in front of the wharf, enclosed with a ground map. For offshore petroleum ports, notice to mariners on the safety zone of the offshore petroleum port;

dd) A written of examination, certification of having finished content of report and requirement of decision on approving report of environment impact assessment;

e) A written on the acceptance of fire fighting and prevention.

2. The announcement of the opening of a seaport shall be made as follows:

a) The Vietnam Maritime Administration receives dossier, check the conformity of dossier, issue receipt of dossier and appoints day of repaying result (if dossier is received directly) and collects charge as prescribed; inform to the investor to rename in case the name of seaport has not suitable as prescribed; 

b) Within 07 working days after receiving a sufficient and valid dossier, the Vietnam Maritime Administration shall take opinion of the provincial People's Committee where the port is located and have a written proposal to the Ministry of Transport for announcement of seaport, enclosed with the dossier prescribed in clause 1 of this article;

c) Within 03 working days after receiving the written proposal of the Vietnam Maritime Administration, the Ministry of Transport shall decide to announce the opening of the seaport made according to Form No.28 of this Decree and send to the investor via the postal system or the investor comes to receive directly at the Ministry of Transport.

Article 18. Procedures of announcement of the opening of harbors, wharves and water zones, waters

1. After completing the construction of a harbor, wharf and water zone, waters, the investor shall summit 01 set of dossier for proposal of announcement of the opening of harbor, wharf and water zone, waters directly or via the postal system to the Vietnam Maritime Administration.

2. The dossier of request for announcement of opening of harbor, wharf and water zone, waters includes:

a) A written request for announcement made according to Form No.21 of this Decree;

b) A written record on the acceptance for putting the completely constructed facility into use, enclosed with the complete construction drawings of the ground, elevation and cross section of the facilities of harbor, wharf and water zone, waters;

c) Notice to mariners, enclosed with a map of seaport sub-fairways for seagoing ships and other water crafts into and out of the harbor, wharf and water zone, waters; a written record on the acceptance of the investor and competent agencies or organizations of the result of survey of obstructions on the bottom of the water zone in front of the harbor, wharf and water zone, waters;

d) A written of examination, certification of having finished content of report and requirement of decision on approving report of environment impact assessment;

dd) A written on the acceptance of fire fighting and prevention;

e) A copy of certificate of harbor security as prescribed.

3. Order of receiving and handling dossier:

a) The Vietnam Maritime Administration receives dossier, check the conformity of dossier, issue receipt of dossier and appoints day of repaying result (if dossier is received directly) and collects charge as prescribed;

b) In case dossier is not suitable, within 03 working days since day of receiving dossier, the Vietnam Maritime Administration guides for completion of dossier as prescribed in clause 2 of this article.  

4. Within 03 working days after receiving the dossier as prescribed in clause 2 of this article, the Vietnam Maritime Administration shall decide to announce the opening of the harbor, wharf, water zone, waters made according to Form No. 29 of this Decree and send to the investor via the postal system or the investor comes to receive directly at the Vietnam Maritime Administration.

Article 19. Notification of the putting of other facilities into use

1. After completing the construction of another facility in the seaport waters specified in Article 12 of this Decree, the investor shall send directly or via the postal system to port authority and the marine navigation safety assurance unit in the local where the facility is constructed, 01 set of dossier of notification of the putting facility into use, including the following papers:

a) A written notice of the putting facility into use made according to Form No.22 of this Decree;

b) A written record on take-over test or a copy of decision or license of competent agency on putting the facility into use.

2. The investor shall have to announce information details specified in Clause 1 of this Article on the mass media for three consecutive times.

Article 20. Announcement of the closure of seaports

1. Seaports shall be considered for announcement of the closure in the following cases:

a) For security and defense reasons or other special reasons;

b) The seaport is not eligible to operate as prescribed;

c) Other cases at the request of the investors.

2. Procedures of announcement of the closure of seaports:

a) Procedures of announcement of the closure of seaports specified in point a, clause 1 of this article:

- In case of emergency, the Ministry of Transport shall decide on the closure of seaport made according to Form No.30 of this Decree and report to the Prime Minister;

- In other cases, within 05 working days, the Ministry of Transport shall organize taking opinions of concerned agencies regarding to the closure of seaport and announce the closure of seaport made according to Form No.30 of this Decree; if not agree must clearly state the reason therefore.

b) Procedures of announcement of the closure of seaport specified in point b and point c, clause 2 of this article:

- The proposer shall submit directly or via the postal system to the Ministry of Transport a written proposal made according to Form No. 23 of this Decree for announcement of the closure of seaport.

- Order of receiving and handling dossier:

a) The Ministry of Transport receives the written, check the conformity of the written, issue receipt of dossier and appoints day of repaying result (if dossier is received directly);

b) In case the written is not suitable, within 01 working days since day of receiving the written, the Ministry of Transport guides for completion of dossier as prescribed. 

Within 05 working days, from the day of receiving the written proposal, the Ministry of Transport shall organize taking opinions of concerned agencies regarding to the closure of seaport and announce the closure of seaport made according to Form No.30 of this Decree and send it to the proposer via the postal system or the proposer come to receive it directly at the Ministry of Transport; if not agree must clearly state the reason therefore.

Article 21. Announcement of closure of harbors, wharves, buoy wharves and water zones, waters

1. Harbors, wharves, buoy wharves and water zones, waters in the seaport waters shall be considered for announcement of the closure in the following cases:

a) Harbors, wharves, buoy wharves and water zones, waters are no longer existing or not eligible to operate at the proposal of investors of regional port authorities;

b) Harbors, wharves, buoy wharves and water zones, waters operate ineffectually, at the proposal of investors

2. Procedures of closure of harbors, wharves, buoy wharves and water zones, waters:

a) The investors or regional port authorities shall submit directly to the Vietnam Maritime Administration or send via the postal system 01 written proposal of closure of harbors, wharves, buoy wharves and water zones, waters made according to Form No. 23 of this Decree.

b) Order of receiving and handling dossier:

- The Vietnam Maritime Administration receives the written, check the conformity of the written, issue receipt of dossier and appoints day of repaying result (if dossier is received directly);

- In case dossier is not suitable, within 01 working days since day of receiving dossier, the Vietnam Maritime Administration guides for completion of dossier as prescribed in point a of this clause;

- Within 07 working days, from the day of receiving the written proposal, the Vietnam Maritime Administration shall organize taking opinions of concerned agencies (if necessary), decide on closure of harbors, wharves, buoy wharves and water zones, waters made according to Form No. 31 of this Decree and send it to the proposer via the postal system or the proposer come to receive it directly at the Vietnam Maritime Administration.

Article 22. Temporary prohibition of vessels from entering and leaving seaports, harbors, wharves and water zones, waters

1. For marine navigation safety or marine navigation security assurance, environmental pollution prevention and other emergency reasons, directors of port authorities shall decide on temporary prohibition of vessels from entering and leaving seaports, harbors, wharves, buoy wharves and water zones, waters.

2. Once the reasons for the temporary prohibition of vessels from entering and leaving no longer exist, directors of port authorities shall decide to cancel the temporary prohibition of vessels from entering and leaving seaports, harbors, wharves and water zones, waters.

3. As soon as deciding on the temporary prohibition of vessels from entering and leaving seaports or canceling decision on the temporary prohibition of vessels from entering and leaving seaports, directors of port authorities must report to the Vietnam Maritime Administration; and inform to the ship-owners or agency of ship-owners and the specialized state management agencies at the seaports.

Article 23. Announcing seaport waters and management areas of port authorities

1. The Vietnam Maritime Administration shall organize to compile dossier and submit to the Ministry of Transport to consider and announce seaport waters and management areas of port authorities, dossier includes:

a) A written request for announcement of seaport waters;

b) An opinion in written of the concerned provincial People’s Committee;

c) A chart showing the limits of the seaport waters and management area of the port authority.

2. Basing on dossier specified in clause 1 of this article, the Ministry of Transport shall consider and announce the seaport waters and management areas of port authorities.

Article 24. Management of operation of vessels at inland ports, harbors and fishing ports in the seaport waters

1. Inland ports, harbors in the seaport waters may receive only Vietnamese vessels operating in inland routes.

2.  Agencies that manage activities of investment in and construction of ports, inland harbors, fishing ports in the seaport waters as prescribed by concerned law; before answering investors on agreement of permission for investment in and construction of inland ports, harbors, fishing ports in the seaport waters must take opinion in written of the regional port authorities.

3. The Minister of Transport shall stipulate in details on management of activities of vessels at inland ports, harbors and fishing ports in the seaport waters.

Article 25. Registers of seaports, charts of seaport waters and navigable channels

1. The Minister of Transport shall be in charge of formulating and issuing charts of seaport waters and navigable channels for marine navigation safety assurance mission at the proposal of the director of Vietnam Maritime Administration.

2. The Vietnam Maritime Administration shall formulate, announce and regularly update registers of seaports, and navigable channels.

3. Expenses of formulation of registers of seaports, navigable channels and for formulation, issuance of charts of seaport waters shall be allowanced from source of state budget and other lawful funds.

Article 26. Notices to mariners

1. Notices to mariners include notices of safety assurance conditions of seaports, offshore petroleum ports, navigable channels, marine navigation signals, dangerous obstacles, areas of marine facility construction, sea zones restraining maritime activities, information on security, meteorological and hydrological conditions, earthquakes, tsunamis, epidemics, search, rescue and other necessary maritime instructions.

2. The Minister of Transport shall detail notices to mariners related to safety assurance conditions of seaports, offshore petroleum ports, navigable channels, marine navigation signals, dangerous obstacles, and areas of marine facility construction, sea zones restraining maritime activities, search, rescue and other necessary maritime instructions; and formulate and announce notices to mariners on the following principles:

a/ The Vietnam Maritime Administration shall perform the state management of announcement of notices to mariners as prescribed;

b/ Maritime safety assurance units shall perform announcement of notices to mariners with respect to information relating to the management and operation of navigable channels and marine navigation signals, operation of seaports, offshore petroleum ports, harbors, wharves, buoy wharves, anchorage grounds, transshipment zones, storm sheltering zones, turnaround areas, pilot reception areas, quarantine areas and seaport sub-fairways;

c/ Port authorities shall announce notices to mariners for re-transmitted information, maritime navigational instructions related to maritime activities such as information on characteristics of seaport waters, areas restraining maritime activities, sunken property at sea, safety and security, meteorological and hydrological conditions, earthquakes, tsunamis, epidemics, search, rescue and other notices to mariners, excluding notices to mariners specified at point b of this Clause.

3. Concerned ministries and branches shall, within the scope of their respective functions and tasks, detail the formulation and announcement of notices, information on security, meteorological and hydrological conditions, earthquakes, tsunamis, health, epidemics and other specialized information relating to activities of persons and vessels in seaport waters and sea areas of Vietnam.

4. The Vietnam Maritime Communication and Electronics Company shall transmit news-letter of notices to mariners and maritime information as prescribed.

Article 27. Marine navigation signals

1. Marine navigation signals include signals being recognizable in image, light, sound and radio signals set up to instruct seagoing ships’ operation.

2. The investment in and construction of Marine navigation signals comply with provisions of this Decree and concerned provisions of law.

3. Maritime safety assurance units shall be responsible for:

a/ Manage assigned marine navigation signals as prescribed;

b/ Set up makeshift marine navigation signals assigned unexpectedly.

4. Organizations and individuals managing and operating seaport sub-fairways, specialized channels and waters in front of wharves or surveying, constructing and operating facilities for seaport waters and sea areas of Vietnam are obliged to set up marine navigation signals along these fairways and waters according to announced standards and technical regulations.

5. Responsibilities for managing and operating marine navigation signals:

a/ The Vietnam Maritime Administration shall perform the state management of marine navigation signals;

b/ Maritime safety assurance units shall manage, operate and take responsibility for the safety of assigned marine navigation signals system;

c/ Organizations and individuals shall manage, operate and take responsibility for the safety of marine navigation signals set up by themselves.

6. The Minister of Transport shall stipulate in details on the management of the operation of marine navigation signals systems, formulate and announce technical regulations on marine navigation signals.

Article 28. Procedures for putting marine navigation signals into use

1. The investor shall compile and send 01 set of dossier of request for putting marine navigation signals into use directly or by postal system to a competent agency specified at point b or point c, clause 2, article 26 of this Decree.

2. A dossier of request for putting marine navigation signals into use includes:

a/ A written request for putting marine navigation signals into use, made according to Form No.32 attached to this Decree;

b/ A written record of the take-over test;

c/ A map on survey and screening of obstacles along navigable channels, for marine navigation signals along newly constructed maritime channel routes, which been made by a functional measurement and survey unit which takes joint responsibility together with the investor for the legality of the survey dossier;

d/ The technical design approved by a competent authority.

3. Order of receiving and handling dossiers:

a/ The competent agency receives the dossier, checks its conformity and issues a receipt of the dossier, appoints day for repaying the result (if the dossier is received directly);

b/ If the dossier has not be suitable, within 3 working days after receiving the dossier, the competent agency guides for the investor to complete it as prescribed in clause 2 of this article;

c/ Within 5 working days after receiving a complete dossier as stipulated in clause 2 of this article, the competent agency issues a decision on putting marine navigation signals into use, announces notices to mariners as prescribed and sends directly or via postal system to the investor.

Section 3: MANAGEMENT AND OPERATION OF SEAPORTS AND NAVIGABLE CHANNELS

Article 29. Principles of management and operation of seaports

1. The management and operation of seaports must comply with law, ensure investment effectiveness and avoid losses and waste.

2. Investors of construction of seaports, harbors or wharves may decide by themselves on the forms of management and operation of such seaports, harbors or wharves on the following principles:

a/ Seaport infrastructure invested with state capital may be partly or wholly operating leased. Revenues from such lease belong to the state budget and are used under the state budget law and prioritized for seaport infrastructure development;

b/ For seaport infrastructure invested with other capital sources not specified at point a of this clause, investors may decide by themselves on the form of management and operation in accordance with law;

c/ Quality inspection of seaport infrastructure facilities shall be conducted once every 5 years and notices to marines shall be announced as prescribed.

Article 30. Principles of management and operation of navigable channels

1. The Ministry of Transport shall direct the Vietnam Maritime Administration in performing state management of development planning, investment in, construction, and announce the putting into use and manage the operation of navigable channels within nationwide scope.

2. Maritime safety assurance units shall directly manage and operate the assigned public navigable channels.

3. Specialized navigable channels which have been invested in and constructed by enterprises shall be managed and operated by such enterprises, which shall annually conduct surveys and submit dossiers of announcement of notices to mariners as prescribed. If specialized navigable channels be converted into public ones, part of invested amounts shall be refunded to enterprises according to provisions of the Ministry of Finance.

Article 31. Investment in and construction of temporary seaport infrastructure

1. Temporary seaport infrastructure includes buoy wharves, anchorage grounds and transshipment zones are set up for operation with a certain period but not exceeding 10 years.

3. The Vietnam Maritime Administration shall reach agreement on the investment in and construction of temporary seaport infrastructure basing on the proposal of the investor and the regional port authority.

4. Procedures for request of setting up a temporary seaport infrastructure:

a/The investor shall send directly or via postal system to the Vietnam Maritime Administration a written request for setting up a temporary seaport infrastructure, made according to Form No.24 attached to this Decree, enclosed with a dossier on investment and operation of the seaport infrastructure;

b/ Within 5 working days after receiving a written request, the Vietnam Maritime Administration shall issue a written approval of setting up a temporary seaport infrastructure; in case of disapproval, it shall clearly state the reason and send its written reply to the investor via the postal system or the investor shall come to receive it directly at the Vietnam Maritime Administration.

5. The investment, construction and putting temporary seaport infrastructure into use comply with provisions in Sections 1 and 2 of this Chapter.

Article 32. Public products and services for maritime assurance

1. Public products and services for maritime assurance include:

a/ Public products and services for maritime safety assurance:

- Operating marine navigation signals systems;

- Operating public navigable channel systems;

- Surveying and announcing notices to mariners with respect to public navigable channels;

- Dredging and upgrading public navigable channels to ensure their depth according to their initial design standards approved by competent agency (excluding dredging for the newly construction of navigable channels);

- Repairing and upgrading marine navigation signal systems.

b/ Public products and services for maritime pilot;

c/ Public products and services for management and operation of the littoral communication station systems;

d/ Other public products and services for maritime assurance shall comply with law.

2. The Ministry of Transport shall organize the bidding, placement of orders and assignment of plans to providers of public products and services for maritime assurance as prescribed.

Article 33. Maritime charges and fees

1. Charges and fees for the management, operation and use of seaports and navigable channels comply with the law on charges and fees.

2. The Ministry of Finance shall, after unifying with the Ministry of Transport, stipulate the levels of remittance of maritime assurance charges for navigable channels invested and operated by enterprises for the purposes of assuring marine maritime safety and security and preventing environmental pollution.

Section 4: MANAGEMENT AND OPERATION OF STATE-INVESTED HARBOR AND WHARF INFRASTRUCTURE

Article 34. Principles of management and operation of harbor and wharf infrastructure

1. State-invested harbor and wharf infrastructure may be partly or wholly operating leased.

2. The selection of organizations and individuals for operating lease of state-invested harbor and wharf infrastructure (hereinafter referred to as lessees) complies with the following principles:

a/ For harbor and wharf infrastructure which were put into operation and use before September 1,2006, their operating lease shall be decided by the Prime Minister; in case of operating lease, this Decree must be complied with;

b/ For harbor and wharf infrastructure which have been put into operation and use since September 1, 2006, their operating lease must comply with this Decree and other relevant laws.

Article 35. Competence to decide on operating lease of harbor and wharf infrastructure facilities

Agencies which decide on investment in and construction of seaports, harbors and wharves are competent to approve plans on operating lease and results of selection of operating lessees of harbor and wharf infrastructure facilities.

Article 36. Plan for operating lease of harbor and wharf infrastructure facilities

1. The lessor shall prepare a plan on operating lease of harbor or wharf infrastructure. The main content of plan includes:

a/ Name of the lessor;

b/ List and technical specifications of assets for lease;

c/ Value of assets for lease;

d/ Lease term;

e/ Rent rate of operating lease of harbor or wharf infrastructure, be submitted to competent agency for decision;

f/ Lease conditions;

g/ Recoverability of investment capital;

h/ Powers, obligations and responsibilities of the lessor and lessee;

i/ Form of selecting a lessee;

j/ Contract form;

k/ Time of organization of selecting the operating lessee

2. For harbor and wharf infrastructure being invested and constructed, before putting them into use, lessors must compile lease plans.

Article 37. Rent rates of operating lease of harbor and wharf infrastructure

1. Rent rates of operating lease of harbor and wharf infrastructure comply with the pricing law. The Minister of Finance shall decide on rent rates for operating lease of harbor and wharf infrastructure basing on the proposal of investors or agencies approving plans on operating lease of harbor and wharf infrastructure.

2. Rent rates of operating lease of harbor and wharf infrastructure must be approved by agencies which have decided on investment in such seaports, harbors or wharves but must not be lower than those already decided by the Minister of Finance.

3. Rent rates of operating harbor and wharf infrastructure shall be determined on the basis of main contents as follows:

a/ Fixed collecting rate, which is the rate calculated based on the annual asset depreciation rate, payable loan amount and interest (if any), expenses for management and operation of leased harbor and wharf infrastructure and other expenses as prescribed. The useful life of harbor and wharf infrastructure for calculating the rent rate is maximum 50 years. The rent rate of operating lease of infrastructure must not be lower than the fixed collecting rate;

b/ Adjustable collecting rate is rate for collecting under a percentage (%) of annual turnover from the operation of leased assets;

c/ Value of leased assets;

d/ Technical specifications of leased assets;

dd/ Lease conditions;

e/ Powers, obligations and responsibilities of the parties;

g/ Other necessary conditions

4. Lessors of harbor and wharf infrastructure shall submit to agencies having decided on investment in seaports, harbors and wharves for consideration and approval adjustments to rent rates in the following cases:

a/ Once every five years;

b/ As the inflation rate in Vietnam is over 15%/ year;

c/ Other cases proposed by the lessor or lessee and approved by the investment-deciding agency.

Article 38. Conditions for selection of lessees of operating of harbor and wharf infrastructure

A lessee of operating harbor and wharf infrastructure must fully meet the following conditions:

1. Having the legal person status under provisions of law.

2. Having experience in seaport operation management.

3. Having financial capacity.

4. Having sufficient personnel for managing and operating the harbor and wharf infrastructure which they intending to lease;

5. Having a plan for the most effective operation of harbor and wharf infrastructure.

6. Offering the highest rent rate, which must not be lower than the rent rate stated in the approved plan on operating lease of harbor and wharf infrastructure.

Article 39. Forms of selection of operating lessees of harbor and wharf infrastructure

1. The form, order and procedures for selecting lessees of harbor and wharf infrastructure comply with this Decree and relevant provisions of law on bidding.

2. The Ministry of Transport shall assume the prime responsibility for, and coordinate with concerned agencies in, formulating and issuing forms of dossiers of bidding for operating lease of state-invested harbor and wharf infrastructure.

Article 40. Contract for operating lease of harbor and wharf infrastructure

1. Operating lease of harbor and wharf infrastructure must be conducted under the contract agreed upon and signed by the two parties. A contract of operating lease of harbor and wharf infrastructure must be formulated on the basis of the approved selection of lessees and be conformable to relevant laws.

2. A lease contract includes the following main content:

a/ Name, address and account number of the lessor;

b/ Name, address and account number of the lessee;

c/ Lease term;

d/ Rent rate and conditions, method of payment;

e/ Rights and obligations of the lessor and lessee;

f/ List of leased assets;

g/ Conditions and procedures for modification of the lease contract;

h/ Dispute settlement

Article 41. Use of revenues from the operating lease of harbor and wharf infrastructure

1. Revenues from the operating lease of harbor and wharf infrastructure are prioritized for the following purposes and expenses:

a/ Maintaining and repairing harbor and wharf infrastructure which are leased and still fall under the lessor’s responsibility;

b/ Upgrading, renovating and expanding seaport infrastructure;

c/ Investing in and newly constructing harbors and wharves and other purposes for maritime sector development;

d/ Expenses for making plan and organizing selection of a lessee;

dd/ Expenses incurred by the lessor for management and operation of seaport infrastructure;

f/ Other reasonable purposes and expenses.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Transport in, stipulating particularly on the financial mechanism of collection, remittance and use of revenues from operating lease of state- invested harbor and wharf infrastructure.

Article 42. Sub-lease of harbors and wharf infrastructure

1. The lessee have right to sub-lease part of leased harbor and wharf infrastructure to Vietnamese and foreign organizations and individuals under provisions of this Decree, and must be approved in written by the lessor before sub-lease.

2. Sub-lease of harbor and wharf infrastructure must be conducted under a contract. The contract of sub-lease of harbor and wharf infrastructure must ensure the principle of not being contrary to the lease contract signed with the lessor.

3. The lessee must take full responsibility before the lessor in relating to the sub-lease.

4. The sub-lessee of harbor and wharf infrastructure shall be responsible for management and operation of harbors and wharves in accordance with law and the lease contract and may not further sublease those harbor and wharf infrastructure.

Article 43. Management and operation of harbor and wharf infrastructure

1. Agencies which decide on investment in and construction of seaports, harbors and wharves shall be responsible for organization, management and operation of harbor and wharf infrastructure.

2. Agencies and organizations assigned to manage and operate harbor and wharf infrastructure have the following functions, tasks and powers:

a/ Developing a mechanism for management and operation of harbor and wharf infrastructure and submit it to the investment- deciding agency for approval, and organize the implementation thereof;

b/ Management of state assets and supervision of the operation of leased harbor and wharf infrastructure;

c/ Supervising performance of the operating lease contract;

d/ Regularly and periodically examining and supervising the operation of harbor and wharf infrastructure in order to ensure their use according to their functions and technical specifications as prescribed;

dd/ Collecting rental of harbor and wharf infrastructure;

e/ Requesting the lessee to strictly observe the technical process of operation, maintenance and use of harbor and wharf infrastructure as prescribed; in case the lessee not abides, reporting to the investor for settlement;

g/ Coordinating with the operator to handle incidents causing damage to harbor and wharf infrastructure; supervising the repair and remedy of any breakdowns of harbor and wharf infrastructure under their management;

h/ Promptly informing specialized state management agencies when detecting the depth of seaport fairways, waters in front of wharves, vessel turnaround zones, marine navigation signals system and other auxiliary facilities which fails to satisfy technical designs approved by competent authorities;

i/ Receiving and proposing plans for design, construction, renovation, expansion, upgrading and development of harbor and wharf infrastructure at the request of the lessee or proposal of a specialized state management agency;

k/ Supervising the assurance of fire and explosion fighting and prevention, environ­mental sanitation, security and order and labor safety within seaports, harbors and wharves;

l/ Synthesizing the operation of harbor and wharf infrastructure; periodically reporting it to the investor and state management agencies as prescribed;

m/ Performing other assigned missions.

Section 5: PROTECTION OF SEAPORT AND NAVIGABLE CHANNEL FACILITIES

Article 44. Protection of seaport and navigable channel facilities

1. Protection of seaport and navigable channel facilities includes assuring safety and useful life of facilities of seaports, harbors, wharves, buoy wharves, transshipment zones, navigable channels, marine navigation signals, lighthouses, littoral communication station systems and other works related to the management and operation of seaport infrastructure facilities; measures to prevent, stop and handle acts of encroaching these facilities, endangering people’s lives and damaging assets of the State and people.

2. The scope of protection of seaport and navigable channel facilities includes works and corridors for protection of facilities, the overhead space, underground part and part under water face which are related to the safety of facilities and maritime activities.

3. Construction and other activities outside the scope of protection of seaport and navigable channel facilities must not affect the safety of use of these facilities.

Article 45. Principles of protection of seaport and navigable channel facilities

1. The management, operation, repair and protection of seaport and navigable channel facilities must comply with laws and technical regulations promulgated and announced by competent state agencies.

2. Agencies and organizations managing and operating seaport and navigable channel facilities shall be responsible for assurance of the technical safety of these facilities; if detecting any breakdowns which threaten maritime safety and security and environmental protection, must to have prompt handling and repairing measures; have measures to prevent and resist natural disasters aiming to mitigate damage to facilities.

3. The construction of facilities, use and exploitation of the space, land and water zones within the scope of protection of seaport and navigable channel facilities, or outside the scope of protection of seaport and navigable channel facilities but affecting the safety of these facilities and maritime safety, must be permitted under law by competent state agencies in charge of protecting seaport and navigable channel facilities.

4. When detecting any encroachments upon or unsafe risks of seaport and navigable channel facilities, detecting persons shall be responsible for promptly reporting to port authorities, local administrations, units managing those facilities or competent agencies of the nearest place for timely handling.

Article 46. Responsibilities of protection of seaport facilities and navigable channels

1. The Ministry of Transport shall organize management of the protection of seaport and navigable channel facilities.

2. Ministries and provincial-level People’s Committees shall coordinate with the Ministry of Transport in, organizing the protection of seaport and navigable channel facilities in localities.

3. All agencies, organizations and individuals shall be responsible for complying with the law on protection of seaport and navigable channel facilities.

4. The Ministry of Transport shall assume the prime responsibility for, and coordinate with other ministries and branches in formulating regulations on protection of seaport and navigable channel facilities, and submit them to the Government for consideration and decision.

Article 47. Prohibited acts in the protection of seaport and navigable channel facilities

1. Destroying, dismantling or stealing structures, accessories, supplies, construction materials, littoral communication station system, marine navigation signals and other equipment of seaport and navigable channel facilities.

2. Encroaching upon the scope of protection of seaport and navigable channel facilities.

3. Discharging noxious substances which damage or affect the durability and useful life of seaport and navigable channel facilities.

4. Obstructing the management, operation, use and protection seaport and navigable channel facilities.

5. Controlling vessels and other means against regulations, affecting the quality of seaport and navigable channel facilities

6. Other acts affect safety in the management and operation of seaport and navigable channel facilities.

Article 48. Handling of violations in the protection of seaport and navigable channel facilities

1. All violations affecting seaport and navigable channel facilities must be handled under law.

2.  Organizations and individuals violate the law on protection of seaport and navigable channel facilities shall, depending on the nature, seriousness and consequences of their violations, be administratively sanctioned or examined for penal liability; if causing any damage, they shall pay compensations therefore under law.

Chapter III

MANAGEMENT OF MARITIME ACTIVITIES IN SEAPORTS AND NAVIGABLE CHANNELS

Section 1: PROCEDURES FOR VESSELS TO ARRIVE AT AND DEPART SEAPORTS

Article 49. General requirements for vessels entering seaports

1. Vessels of all types, regardless of their nationality, tonnage and use purpose, may only enter a seaport when they satisfy all conditions of maritime safety and security, environmental pollution prevention and other conditions as prescribed by law.

2. Vessels of all types may only operate at seaports, harbors and wharves which have been announced and put into use and their operations must be suitable to the utilities of these seaports, harbors and wharves.

3. When a foreign vessel enters a Vietnamese sea area outside seaport waters, procedures must be carried out for its arrival at, entry into and departure from a seaport at the port authority managing such area. Port authorities shall supervise the operation of vessels to ensure maritime safety and security and environmental pollution prevention.

Article 50. Procedures for foreign vessels arriving seaports engaged in specific activities

1. For foreign warships and foreign vessels arriving in Vietnam at the invitation of the Government of the Socialist Republic of Vietnam and vessels engaged in search and rescue activities in Vietnamese sea areas, procedures shall be carried according to separate provisions of law.

2. For foreign seagoing ships with motor running by nuclear power and ships carrying radioactive substances:

a/ Procedure-performing persons shall send directly or by post to the Ministry of Transport a document, made according to Form No.25 attached to this Decree, requesting permission for the foreign seagoing ship with motor running by nuclear power or a ship carrying radioactive substances to arrive at a seaport, enclosed with the copies of the seagoing ship registration certificate and certificates of maritime safety and security and environmental pollution prevention of such vessel;

b/ Within 10 working days after receiving all sufficient and valid papers, the Ministry of Transport shall report to the Prime Minister for consideration and approval, and issue a written reply to permit the foreign seagoing ship with motor running by nuclear power or a ship carrying radioactive substances to arrive at a seaport.

3. Foreign vessels to arrive at a port for carrying out activities of scientific research, fishery, salvage, sunken property recovery, towing within seaport waters, training, cultural, sports, marine facility construction, natural resource survey, exploration and exploitation or other environment-related activities in Vietnam’s sea areas must present permits or written approvals of Vietnamese competent agencies.

If such permit or written approval is unavailable, the following procedures must be conducted:

a/ The procedure-performing person shall send directly or by postal system to the Vietnam Maritime Administration a set of dossier including:

- Document, made according to Form No.26 attached to this Decree, requesting for permission or approval of the arrival of the foreign vessel at a seaport;

- Copies of documents in relating to the purpose and time of the vessel’s arrival at a seaport.

b/ The Vietnam Maritime Administration shall receive and check the conformity of the documents, notify the return of documents in case documents are not suitable in content and procedure; or issue a note of appointment in case of directly receiving the dossiers;

c/ Within 7 working days after receiving a valid dossier, the Vietnam Maritime Administration shall send directly or by postal system a written reply to the procedure-performing person after obtaining opinions of the following agencies:

- The Ministry of Agriculture and Rural Development, for foreign vessels engaged in fishery activities;

- The Ministry of Natural Resources and Environment, for foreign vessels engaged in surveying, exploring and exploiting natural resources and protecting the environment;

- The Ministry of Culture, Sports and Tourism, for foreign vessels engaged in cultural sports and tourist activities;

- The Ministry of Science and Technology, for foreign vessels engaged in scientific research activities.

Article 51. Notification of vessels’ arrival at seaports

1. Before the expected time of a vessel’s arrival at a seaport, the procedure-performing person shall send to the port authority of the seaport of arrival a notice of the vessel’s arrival at the seaport, made according to Form No.01 attached to this Decree, and a cargo declaration, made according to Form No.06 attached to this Decree, to be issued to the border-gate customs. For foreign vessels arriving at Vietnamese seaports to conduct specific activities specified in Article 50 of this Decree, permits or written approval of competent Vietnamese authorities must be presented.

2. Time of notification

a/ For vessels of all types, except vessels specified at point b of this Clause: at least 8 hours before the expected time of arrival at a seaport.

b/ For warships, seagoing ships with monitor running by nuclear power, ships carrying radioactive substances, and vessels visiting Vietnam at the invitation of the Government of the Socialist Republic of Vietnam: at least 24 hours before the expected time of arrival at a seaport.

3. Cargo ships of a gross tonnage of 500 GT or more, passenger ships and offshore semi- submersible platforms operating along international routes must send to port authorities the ship security notifications, made according to Form No.02, within 24 hours before the expected time of arrival at a seaport.

4. The following vessels are exempt from notification of arrival of vessels at seaports as stipulated in clause 1 of this article:

a/ Vietnamese inland waterway vessels, official-duty ships, fishing ships and warships;

b/ Other vessels arriving at seaports for the following purposes:

- First-aid for crew members or passengers on board;

- Storm sheltering;

- Handing over persons, assets or vessels salvaged on sea;

- Remedying consequences of maritime incidents or accidents;

- Other necessary cases.

c/ In a case specified at point b of this clause, the shipmaster shall immediately notify the port authority of the reason and purpose of the vessel’s arrival at the seaport.

Article 52. Confirmation of seaport arrival notification of vessels

1. At least 2 hours before the expected time of arrival at the pilot boarding area, the procedure-performing person shall confirm the exact time of the vessel’s arrival to the port authority. If there are ill persons, dead persons, persons rescued at sea or immigrants on board, the ship owner shall notify their names, ages, nationalities, illness conditions or causes of death and other relevant requests in the last confirmation of notification.

2. For a vessel on entry, upon receiving the confirmation of the procedure-performing person, the concerned port authority shall immediately notify its arrival to other specialized state management agencies for coordination.

3. Confirmation of seaport arrival notification of vessels mentioned in clauses 1 and 2 of this article shall not apply to the following vessels:

a/ Vietnamese inland waterway vessels, official-duty ships, fishing ships and warships;

b/ Other vessels arriving at seaports for the following purposes:

- First-aid for crew members or passengers on board;

-Storm sheltering;

- Handing over persons, assets or vessels salvaged on sea;

- Remedying consequences of maritime incidents or accidents;

- Other necessary cases.

Article 53. Maneuver of vessels to seaports

1. Within 2 hours after receiving confirmations that a vessel has arrived at the pilot boarding place, the director of the port authority shall be responsible for indication of a position of anchorage or berthing in seaport waters for the vessel. For a vessel on entry, as soon as deciding maneuver of the vessel to enter the port, the port authority must inform other specialized state management agencies of the indicated anchorage or berthing time and position in the port for the vessel.

2. The director of the port authority shall base on the vessel's type and size, cargo type(s), wharf conditions, the port’s management plan and the pilot organization’s ship-piloting plan to designate an anchorage or berthing position for the vessel to load and discharge cargoes and embark and disembark passengers. Change in anchorage or berthing positions for vessels shall be decided by the director of the port authority at the request of these vessels’ shipmasters.

3. The maneuver of vessels to enter seaports shall be performed according to daily vessel- maneuver plans of the director of the port authority. The maneuver of vessels within seaport waters shall be conducted under shifting orders, made according to Form No.13 attached to this Decree. In case of emergency, the directors of the port authorities have right to maneuver vessels via very high frequencies (VHF), telephone or other appropriate communication media, and shall take responsibility for the maneuver.

Article 54. Venues, time limits, dossiers and papers for procedures for vessels to enter seaports

1. For Vietnamese vessels operating along domestic routes:

a/ Procedure performance venue: The head office or representative office of the port authority;

b/ Time limit for the procedure-performing person to perform procedures: Within 2 hours after the vessel is anchored or berthed at a wharf or 4 hours after it is anchored or berthed in another position in port waters;

c/ Time limit for the port authority to complete procedures:

- For seagoing ships: Within 1 hour after the procedure-performing person submits and presents all sufficient papers under provision as follows:

+ Papers to be submitted (the original) including:

* 1 general declaration (Form No.03);

* 1 crew list (Form No.04);

* 1 passenger list (if any - Form No.05);

* Port clearance permit.

+ Papers to be presented (the original) including:

* The vessel registration certificate;

* The vessel's technical safety certificates as prescribed;

* The crew book;

* Crew’s professional certificates as prescribed.

* For vessels of other types, papers to be submitted and presented comply with relevant laws.

d/ Procedures for port entry specified in this clause for Vietnamese vessels operating along domestic routes to enter a port shall be completed by the port authority. Other specialized state management agencies at seaports shall not carry out these procedures.

2. For Vietnamese and foreign vessels on entry:

a/ Procedure performance venue: The head office or representative office of the port authority, except the cases specified at point b of this Clause.

b/ For cases in which procedures are performed on board vessels according to the following provisions, concerned specialized state management agencies must notify the port authority and procedure-performing person of:

- Procedures for passenger ships;

- In case there are sufficient grounds to doubt the truthfulness of the vessel’s quarantine declaration or the vessel’s previous ports of call are located in areas affected by human, animal or plant epidemics, concerned specialized state management agencies shall complete procedures as prescribed in the quarantine area.

c/ Time limit for procedure-performing persons to perform procedures: Within 2 hours after the vessel is safely anchored or berthed in the position indicated by the director of the port authority.

d/ Time limit for specialized state management agencies to complete procedures: Within 1 hour after the procedure-performing person submits and presents all sufficient papers under provision as follows:

- Papers to be submitted (the original) including:

+ 3 general declarations (Form No.03), to be submitted to the port authority, border guard and border-gate customs office;

+ 3 crew lists (Form No.04), to be submitted to the port authority, border guard and border- gate customs office;

+ 1 passenger list (if any - Form No.05), to be submitted to the border guard;

+ 1 cargo declaration (Form No.06), to be submitted to the border-gate customs office;

+ 3 dangerous cargo manifests (if any - Form No.07), to be submitted to the border-gate customs office and the port authority;

+ 1 ship’s stores declaration (Form No. 08), to be submitted to the border-gate customs office;

+ 1 crew’s effects declaration (Form No.09), to be submitted to the border-gate customs office;

+ 1 maritime declaration of health (Form No.10), to be submitted to the international medical quarantine office;

+ 1 plant quarantine declaration (if any - Form No. 11), to be submitted to the plant quarantine office;

+ 1 animal quarantine declaration (if any - Form No.12), to be submitted to the animal quarantine office;

+ Port clearance permit, to be submitted to the port authority;

+ Ship’s security notification, made according to Form No.02 (to be submitted to the port authority).

- Papers to be presented (the original) including:

+ Vessel registration certificate (to be presented to the port authority);

+ Vessel’s technical safety certificates as prescribed (to be presented to the port authority);

+ Crew’s professional certificates as prescribed (to be presented to the port authority);

+ Crew’s passports or papers of equivalent validity (to be presented to the border guard);

+ Crew book or a paper of equivalent validity (to be presented to the port authority);

+ Crew’s international vaccination certificates (to be presented to the medical quarantine office);

+ Papers related to cargoes carried on the ship (to be presented to the border-gate customs office);

+ Medical quarantine certificate (to be presented to the medical quarantine office);

+ Plant quarantine certificate, if any (to be presented to the plant quarantine office);

+ Animal quarantine certificate of the country of exportation (to be presented to the animal quarantine office);

+ The ship owner’s certificate of civil liability insurance for environmental pollution, for vessels specializing in transporting mineral oil, mineral oil products and other dangerous cargoes (to be presented to the port authority);

+ Passports and international vaccination certificates of passengers (if any, at the request of the concerned specialized state management agency);

+ Ship security certificate as prescribed (to be produced to the port authority);

Particularly for vessels of a deadweight tonnage of 200 DWT or less operating hang the flag of a country bordering on Vietnam, when arriving at a seaport in the border area between Vietnam and such country, they are exempt from the papers and dossiers according to separate regulations of the Minister of Transport.

3. Specialized state management agencies shall only request ship-owners to submit or present dossiers or papers related to their management functions which are specified in clauses 1 and 2 of this article and must immediately notify the port authority after completion of procedures; in case they cannot complete procedures yet, they must notify such and clearly stating the reason, the mode of settlement.

4. A vessel that has completed entry procedures at a Vietnamese port is not required to complete entry procedures specified in clause 2 of this article when it calls at another port. The port authority of the subsequent port of call shall base on the port clearance permit issued by the port authority of the previous port of call and the general declaration to decide to permit the vessel enter and operate at the port; other specialized state management agencies shall base on the port transfer dossier (if any) provided by the concerned agencies in the previous port of call to perform their management as prescribed by law.

Article 55. Notification on vessels’ departure from seaports

1. At least 2 hours before a vessel departs from a port, the procedure-performing person shall notify the port authority of the name of the vessel and the expected time of departure.

2. For a vessel on exit, immediately after receiving the notification of the procedure- performing person, the port authority shall immediately notify concerned specialized state management agencies thereof for performing exit procedures for the vessel as prescribed.

Article 56. Venues, time limits, dossiers and papers for procedures for vessels to depart from seaports

1. For Vietnamese vessels operating along domestic routes:

a/ Procedure performance venue: The head office or representative office of the port authority;

b/ Time limit for the procedure-performing person to perform procedures: At least 2 hours before the vessel departs from a port;

c/ Time limit for port authorities to complete procedures: within 1 hour after the procedure- completing person submits and presents all the following papers:

- Papers to be submitted: 1 general declaration (the original).

- Papers to be presented (the original) including:

+ The vessel’s certificates and crew’s professional certificates, if there is any change compared to the time of arrival;

+ Papers certifying the payment of charges, fees, fines or debts as prescribed by law.

d/ Procedures for Vietnamese vessels operating along domestic routes to depart from ports specified in this clause shall be completed by port authorities. Other specialized state management agencies at seaports shall not carry out these procedures.

2. For vessels on exit:

a/ Procedure performance venue: The head office or representative office of the port authority; particularly for passenger ships, at the request of a specialized state management agency, procedures may be performed on board by such specialized agency;

b/ Time limit for procedure-performing persons to perform procedures: At least 2 hours before the vessel departs from a port. Particularly for passenger ships and vessels operating along fixed routes, no later than before the vessel departs from a port;

c/ Time limit for specialized state management agencies to complete procedures: within 1 hour after the procedure-performing person submits and presents all sufficient papers under provision as follows:

- Papers to be submitted (the original) including:

+ 3 general declarations, to be submitted to the port authority, border guard and border-gate customs office;

+ 3 crew lists, if there is any change compared to the time of arrival, to be submitted to the port authority, border guard and border- gate customs office;

+ 1 passenger list, if there is any change compared to the time of arrival, to be submitted to the border guard;

+ 1 ship’s stores declaration, to be submitted to the border-gate customs office;

+ 1 cargo declaration, if carrying any cargoes on board, to be submitted to the border-gate customs office;

+ 1 declaration of passengers’ luggage (if any), to be submitted to the border-gate customs office; particularly for luggage of passengers on board foreign passenger ships arriving at and departing from the port on the same voyage, customs declaration is not applied;

+ Other papers already issued by specialized state management agencies to the vessel, crew and passengers, for withdrawal.

Papers to be presented (the original) including:

+ The vessel’s certificates, if there is any change compared to the time of arrival, to be presented to port authority;

+ Crew’s professional certificates, if there is any change compared to the time of arrival, to be presented to port authority;

+ Crew’s passports or papers of equivalent validity, and passengers’ passports, to be presented to the border guard;

+ Crew’s and passengers’ international vaccination certificates, if there is any change compared to the time of arrival, to be presented to the medical quarantine office;

+ The medical quarantine certificate (if any), to be presented to the plant quarantine office;

+ The animal quarantine certificate (if any), to be presented to the animal quarantine office;

+ Papers related to cargoes on board the ship, to be presented to the border-gate customs office;

+ Papers certifying the payment of charges, fees, fines or debts (if any) according to the provisions of law, to be presented to the port authority or concerned agencies.

Article 57. Venues, time limits, dossiers and papers for vessels on entry and exit at offshore petroleum ports

1. Venues, time limits and papers comply with articles 54 and 56 of this Decree. The time limit for completion of procedures for vessels on entry and exit at offshore petroleum ports is regarded as having expired when the ship owner’s agent submits all dossiers and papers as prescribed to specialized state management agencies at the head office of the port authority.

2. The dossiers and papers specified in clause 1 of this article shall be submitted or presented in the following order:

a/ The procedure-performing person shall send by fax or email to the port authority the following papers:

- 1 general declaration;

- 1 crew list;

- 1 ship owner’s certificate of civil liability insurance for oil pollution as prescribed.

b/ The port authority shall issue a port clearance permit to the procedure-performing person after receiving all sufficient papers specified at point a of this Clause;

c/ Within 24 hours after returning to the shore, the procedure-performing person shall submit sufficient all original papers required to be submitted and copies of the port clearance permit and papers which must be presented with certification signatures of the shipmaster and appended with the ship’s seal.

The provisions of this article also apply to foreign vessels performing entry or exit procedures in the Vietnamese offshore waters for conducting activities specified in clause 3, article 50 of this Decree.

Article 58. Provision of exemption from or reduction of port entry or departure procedures in special cases

1. Official-duty ships on duty, ships embarking or disembarking pilots, special-use ships performing search and rescue activities, maritime safety assurance, fire, explosion or oil spill fighting and prevention or performing other urgent tasks are exempt from performing port entry or departure procedures as prescribed by this Decree but their shipmasters shall notify to port authorities in writing or via other appropriate communication media.

2. Vessels entering a port for handing over persons, assets or vessels they have salvaged at sea and expected to depart from the port within 12 hours may carry out entry and departure procedures for one time and shall submit to the port authority the following papers:

a/ Notice of vessel arrival;

b/ Crew list;

c/ Passenger list (if any).

3. Private sailing ships and boats, yachts, leisure boats and ships are exempt from submitting or presenting the dossiers and papers specified in Articles 54 and 56 of this Decree, if these ships and boats hanging flags of countries which do not require these dossiers or papers.

4. Dossiers or papers to be submitted or presented for Vietnamese warships, official-duty ships, fishing ships, inland waterway vessels, and seaplanes upon their entry to or departure from seaports comply with the following provisions:

a/ For inland waterway vessels, they comply with the law on inland waterways;

b/ For fishing ships, they comply with the law on fisheries;

c/ For warships, official-duty ships, seaplanes and other waterway vessels, they comply with the maritime law and relevant laws.

Article 59. Conditions for vessels to depart from seaports

1. A vessel may depart from a seaport only after having completed the procedures specified in this Decree and be issued a port clearance permit by the director of the port authority, except the cases specified in Clauses 2 and 3 of this Article.

2. A vessel is not permitted to depart from a port in the following cases:

a/ It had insufficient papers and documents on maritime safety and security and environmental pollution prevention as prescribed;

b/ Its shown draft is higher than the permitted load line or it is heeled by over 8 degrees in the free floating state or its hull is not totally watertight;

c/ Vessels are carrying bulky cargoes, grains or extra-long, extra-heavy cargoes, dangerous cargoes, or deck cargoes but lacks necessary security measures in accordance with the rules on transport of such cargoes;

d/ Vessels have not yet been repaired, supplemented conditions on maritime safety and security and environmental pollution prevention as required by the port authority, maritime inspectorate or reasonably required or requested by a concerned specialized state management agency;

dd/ Other threats to its own safety and safety of persons or cargoes on board or to the marine environment are detected;

e/ A warrant to arrest or detain vessels under decisions by a court or a competent agency in accordance with law.

3. In case a vessel has been issued a port clearance permit but it stays in the port for more than 24 hours after receiving such permit, it shall carry out once again the procedures for departure from the port specified in Article 56 of this Decree.

4. In case a vessel entering a port and is expected to stay in the port for no more than 12 hours, shipmaster shall notify such to the regional port authority for coordinating with other related specialized state management agencies in completing arrival and departure procedures for the vessel at the same time.

Article 60. Foreign vessels in transit

1. Procedures of application for permit, notification and confirmation:

a/ Procedures of application for permit:

- At least 12 hours before the expected time of arrival at an anchorage or berthing area for transit, the procedure-performing person shall send to the port authority in charge of such area a notice of arrival of the vessel at the port (in transit).

- Within 2 hours after receiving the notice of arrival of the vessel in transit, the port authority shall notify a permit for transit; in case of refusal, it shall issue a written reply clearly stating the reason.

b/ The notification and confirmation shall be conducted in accordance with Articles 51, 52 and 55 of this Decree.

2. Venues, time limits and papers for completion of procedures:

a/ Venues and time limits for completion of procedures comply with Articles 54 and 56 of this Decree.

b/ At least 2 hours before the vessel makes the transit, the procedure-performing person shall submit and produce to the port authority in charge of the area the following papers:

- Papers to be submitted (the original) including:

+ 1 general declaration;

+ 1 crew list;

+ 1 passenger list (if any);

+ 1 cargo declaration (if any);

- Papers to be presented (the original) including:

+ Port clearance permit or paper of equivalent validity issued by a competent agency;

+ The vessel’s registration certificate;

+ The vessel’s technical safety certificates as prescribed;

+ Crew’s professional qualification certificates as prescribed;

+ Crew’s passports and the crew book or papers of equivalent;

+ The ship owner’s Certificate of civil liability insurance for environmental pollution, for vessels specializing in transporting mineral oil, mineral oil products and other dangerous cargoes;

+ Passengers’ passports (if any).

3. Immediately after issuing a permit for a vessel to transit, made according to Form No.15 attached to this Decree, the port authority shall notify concerned specialized state management agencies along the transit route for coordination in managing the transit of the vessel.

Article 61. Time for completion of procedures

Specialized state management agencies at seaports shall perform procedures for vessels entering, departing from or transiting through seaports during 24/24 hours everyday, including weekends and holidays.

Article 62. Order and form of declaration of procedures for vessels entering, departing from and operating in seaports

Dossiers and papers of vessels may be sent to specialized state management agencies at seaports via fax or electronic declaration, directly or by postal system. In case dossiers and papers of vessels are issued in the form of electronic data or other written forms according to law, procedure-performing persons shall submit only copies of these dossiers and papers and provide the addresses of websites of agencies competent to issue these certificates for verification when necessary.

Article 63. Procedural process commonly applicable to vessels entering, departing from, transiting through and operating in Vietnamese seaports

1. The Ministry of Transport shall promulgate the commonly applicable procedural process and dossiers and forms for declaration upon vessels’ entry, departure from, transit through and operation in seaports in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party; apply on a pilot basis electronic procedures for vessels entering, departing from, transiting through and operating in Vietnamese seaports.

2. Concerned agencies, organizations and individuals shall apply information technology in making electronic declarations when performing procedures for vessels to enter, depart from, transit through and operate in Vietnamese seaports.

3. Funds for the setting up, management and operation of information technology systems for management of seaports and maritime activities are used from the state budget and other lawful sources.

Section 2 MARITIME PILOTAGE SERVICE

Article 64. Compulsory pilotage

1. The following vessels are obliged to use the maritime pilotage service when entering or departing from seaports or moving within Vietnamese seaport waters:

a/ Foreign vessel s of a gross tonnage of 100 GT or more;

b/ Vietnamese vessels carrying passengers, oil, liquefied gas or chemical buckets and of a gross tonnage of 1,000 GT or more;

c/ Vietnamese vessels of other types other than those specified at Point b of this Clause and of a gross tonnage of 2,000 GT or more.

2. The following vessels are exempt from use of the maritime pilotage service:

a/ Foreign vessels of a gross tonnage of under 100 GT;

b/ Vietnamese vessels carrying passengers, oil, liquefied gas or chemical buckets and of a gross tonnage of under 1,000 GT; Vietnamese vessels of other types of a gross tonnage of under 2,000 GT;

c/ For a vessel of which the shipmaster is a Vietnamese citizen possessing a certificate of professional qualifications in maritime pilotage and a certificate of maritime pilotage area relevant to the vessel’s type and compulsory maritime pilotage areas in which it is operating, its shipmaster may steer it without a pilot, but shall notify to concerned port authorities before shifting vessel.

3. Shipmasters of the vessels specified in Clause 2 of this Article may request a pilot to steer their vessels when finding it necessary.

Article 65. Provision of the maritime pilotage service

1. A procedure-performing person shall send a written request for the pilotage service to a pilotage organization at least 6 hours before the expected time of receiving a pilot on board. This time limit for sending a written request may be shorter in emergency cases to prevent maritime accidents.

2. If change the time of reception of a pilot or cancel the request for the pilotage service, the procedure-performing person must notify the change or cancellation to the pilotage organization at least 3 hours before the expected time of reception of the pilot on board.

3. The pilotage organization shall work out daily steering plans based on the requests for the pilotage service specified in Clauses 1 and 2 of this Article. A daily steering plan contains the following details: name, flag state, fundamental technical specifications of vessel, anchorage or berthing position, time for the pilot to embark the vessel, expected wharf or anchorage or berthing position, name of the pilot assigned to steer the vessel and other necessary contents.

4. Before 16:00 hours every day, the pilotage organization must send the steering plan for the subsequent day to the port authority for working out a plan for shifting of vessels to enter, depart from or transit through the port or move within the port waters. In case of a change or another request arises, such change or request must be promptly notified to the port authority for prompt adjustment of the daily shifting plan. The port authority shall work out and send shifting plans to the pilotage organization and port enterprise before 17:00 hours every day.

5. The pilotage organization, port enterprise, shipmaster, pilot and other related organizations and individuals shall implement plans of vessel shifting of the port authority.

6. Pilots have responsibility for waiting at the agreed place for 4 hours at most, counting from the expected time of pilot reception, unless the procedure- performing person requests the change of the time of pilotage which is approved by the port authority; past this time limit, the request for the pilotage service shall be invalidated and the requester shall pay a charge for the waiting time as prescribed.

7. Within 1 hour after receiving a shifting plan from the port authority, the pilotage organization shall confirm the expected place and time for a pilot to embark the vessel to the procedure-performing person. If a pilot embarks the vessel late or at a place other than the notified place, thus keeping the vessel waiting or causing it to move to another place, the pilotage organization shall pay a charge for the vessel’s waiting time as prescribed. The procedure-performing person shall promptly notify such to the port authority and the pilotage organization for taking timely handling measures.

Article 66. Responsibilities of pilots

1. Pilots have the following responsibilities:

a/ Executing rights and obligations as prescribed in the Maritime Code of Vietnam and other relevant laws;

b/ Strictly complying with shifting plans of port authorities. In case of refusal to steer vessels, to promptly notify the reasons to port authorities and maritime pilotage organizations for timely handling;

c/ While steering vessels, if maritime accidents or incidents, arrangement of towing ships and safety conditions for wharf landing or departure, change in the state of marine navigation signals, safety conditions on navigable channels and other events which are unsafe as prescribed, happen or be detected, pilots must  promptly report to port authorities;

d/ Recommending shipmasters to strictly observe the law on maritime safety and security assurance and environmental pollution prevention. In case shipmasters refuse to follow recommendations, to promptly notify the refusal to port authorities and pilotage organizations.

2. Pilotage organizations shall designate pilots to be suitable to their professional capability which pilots have possessed professional certificates as prescribed by law.

Section 3: MANAGEMENT OF VESSELS’ ACTIVITIES

Article 67. Requirements on vessels’ activities

1. Vessels may only be shifted, anchored, berthed or move within seaport waters and navigable channels when shifting orders are issued by directors of port authorities. Shifting orders of directors of port authorities shall be complied with in a prompt, accurate and adequate manner. If finding conditions for the compliance is insufficient, shipmasters shall report to port authorities for handling.

2. When operating in Vietnamese seaport waters and sea areas, all vessels shall observe the Regulations on Preventing Collisions at Sea as prescribed; and at the same time, their shipmasters shall comply with provisions as follows:

a/ Maintaining communication with port authorities through VHF devices on the notified channel or through other communication media;

b/ Maintaining operation of automatic identification devices as prescribed;

c/ Fully observing regulations on the limit speed when navigating in channels, warning signals, lookout regime and other regulations; take the initiative in moving at a safe speed when passing through areas where underwater activities, activities of dredging, laying marking buoys, salvage and rescue activities, fishery activities are taking place or when passing by other vessels being anchored or shifted in such areas;

d/ Not shifting vessels to pass through areas with bridges or lines stretching over channels where the height of these vessels exceeding the permitted clearance height. The navigation of vessels in narrow channels complies with provisions of directors of port authorities; anchor gear and other similar equipment must be constantly ready for quickly executing shipmasters’ orders;

dd/ Not letting vessels drag or pull anchors underwater while operating in channels or canals, except in emergency cases where it is compulsory to avoid possible maritime accidents;

e/ Using tugboats to assist their vessels in seaport waters as prescribed of directors of port authorities;

g/ Only diving or performing underwater jobs only after obtaining approval of port authorities. Procedures for asking for permission are conducted as follows:

- The procedure-performing person shall send a written request, made according to Form No.27 attached to this Decree, directly or by postal system to the port authority;

- Within 4 working hours after receiving the written request, the port authority shall reply in writing. In case of refusal to give permission, it shall clearly state the reason.

3. Apart from complying with this Article, shipmasters or commanders of vessels engaged in the construction of maritime facilities, vessels specializing in dredging channels, exploiting sand, or floating cranes and other equipment of facilities shall ask for permission of regional port authorities before conducting activities in seaport waters. Procedures for asking for permission are performed as follows:

a/ The procedure-performing person shall send a written request, made according to Form No.27 attached to this Decree, directly or by postal system to the port authority;

b/ Within 4 working hours after receiving the written request, the port authority shall reply in writing. In case of refusal to give permission, it shall clearly state the reason.

4. Before entry procedures for vessels are completed or after exit procedures are completed, persons on board are prohibited from contacting persons other than the crew, except pilots, shipping agents and other persons who are performing their tasks on board.

Article 68. Requirements on the anchorage or berthing of vessels

1. When a vessel is safely anchored or berthed in a designated position, its main engine must be constantly kept ready to operate when necessary. It must be lighted at night or when visibility is restricted and their signs and warning signals must be sufficiently maintained as prescribed.

2. When a vessel is drifted, its shipmaster shall promptly take appropriate handling measures to prevent maritime accidents or incidents and notify to the port authority.

3. Rudimental and non-self-propelled water crafts shall only be anchored or berthed only in areas exclusively reserved for them as stipulated by directors of port authorities; in the course of anchorage or berthing, there must be adequate man and appropriate supporting means to ready for shifting when necessary.

Article 69. Responsibilities of port enterprises

1. Arranging positions for vessels to anchor, berth or move. Before 16:00 hours every day, notifying plans on shifting vessels to enter or depart from ports to port authorities for working out and implementing these plans. In case of any change, promptly notify to port authorities for adjusting daily shifting plans.

2. After being notified by the port authority of a shifting plan, the port enterprise shall fulfill the following requirements:

a/ Arranging a wharf with an adequate length and other necessary conditions as prescribes for safe landing of vessels. The wharf must be sufficiently lighted and clear of any objects on its surface which might obstruct or endanger its anchorage or berthing or other normal activities of the crew and passengers;

b/ Arranging skillful workers to moor or unmoor the vessel upon its entry or departure from a wharf; bollards must be ready for quick and safe mooring and unmooring. At mooring and unmooring positions, appropriate warning signals must be maintained as prescribed;

c/ Completing the preparation of a wharf at least 1 hour before the expected time of landing of the vessel coming from the sea or at least 30 minutes for the vessel moving or changing its position within the port waters;

d/ Assuring security and order conditions in the wharf area for cargo loading and discharge and passenger embarkation and disembarkation;

dd/ Equipping and maintaining normal operation of communication devices in order to assure uninterrupted exchange of information on maritime activities at the seaport as prescribed;

e/ Maintaining the technical state of the wharf, warehouses, storing yards, devices and equipment, the depth of the water zone in front of the wharf and other water zones which are managed and used by enterprise as prescribed; organizing annual surveys and request announcement of notices to mariners on the water zone in front of the wharf and other water zones which are managed and used by enterprise. At least once every five years, enterprise must organize to test the technical state of the seaports, harbors, wharves and buoy wharves to assure safety in operation;

g/ Organizing implementation of the provisions of law on maritime safety and security assurance and environmental pollution prevention at the seaport. In case a maritime accident or incident, fire, explosion or environmental incident occurs, must promptly take appropriate preventive measures and notify to the port authority and concerned agencies for handling as prescribed.

Article 70. Drawing alongside vessels

1. Directors of port authorities base on maritime safety assurance conditions to permit vessels to draw alongside one another at the request of concerned shipmasters and ensure the following principles:

a/ Seagoing ships of a gross tonnage of 1,000 GT or more each may draw alongside by twos. Vessels of other types may draw alongside by threes, provided that they shall not obstruct normal activities in seaport fairways and waters in front of the wharf;

b/ Bigger vessels are not allowed to draw alongside smaller vessels from outside;

c/ Two vessels drawing alongside one another must be properly tied and there must be anti-collision fenders between them;

d/ Only vessels supplying water, oil, food, equipment and other provisions, pilot vessels, fire-fighting vessels, vessels transshipping passengers from passenger ships or similar service vessels may draw alongside passenger ships.

2. Shipmasters must use appropriate kinds of ropes for drawing alongside vessels. Ropes must not be tied to beams, frames or other structures of port facilities not designated for mooring vessels.

Article 71. Watch-keeping when vessels operating at ports

1. When their vessels operate at a seaport, shipmasters shall arrange look-outs who are ready to deal with the drifting of anchors, broken anchor lines, broken mooring lines or too tense or too loose mooring lines or other unsafe risks to their vessels, cargoes and persons on board; and constantly keep engines, life-saving and fire-fighting devices and stand-by emergency equipment in the ready-to-operate state.

2. On board a vessel anchored or berthed in the seaport waters, at least two-thirds of crewmen must be maintained in appropriate posts, in which must include the shipmaster or chief mate and the chief engine or deputy chief engine, to shift the vessel or deal with emergency cases.

3. Directors of port authorities are responsible for keeping shipmasters informed of storm-sheltering plans, storm shelters, necessary maritime instructions and preventive measures to be taken in seaport waters and management areas in which their vessels are operating.

4. When a storm is imminent, vessels shall all quickly move to storm-sheltering areas under order of directors of port authorities.

Article 72. Procedures for detention of seagoing ships

1. Directors of port authorities shall issue decisions to detain seagoing ships in the cases specified in Clause 1, Article 68 of the Maritime Code of Vietnam. Such a decision shall be made according to Form No.16 attached to this Decree, and immediately forwarded to the master of the detained ship, the Vietnam Maritime Administration and concerned state management agencies at the seaport.

2. Upon receiving the decision on detainment of the seagoing ship issued by the director of the port authority, the shipmaster, ship owner or ship operator must comply with requirements specified in such decision.

3. After the reason for detention of a seagoing ship no longer exists, the director of the port authority shall issue a decision to terminate the detention of the ship, made according to Form No.17 attached to this Decree, and send it to the master of the detained ship, the Vietnam Maritime Administration and state management agencies at the seaport.

Section 5: SEARCH, RESCUE AND HANDLING OF MARITIME ACCIDENTS

Article 73. Obligation to search and rescue

1. When in distress and need for help, seagoing ships, warships, official-duty ships, inland water crafts and seaplanes must send SOS signals as prescribed. When detecting an accident or a threat thereof, the detecting person must immediately send SOS signals and take appropriate rescue and preventive measures to rescue persons, salvage assets and prevent or mitigate losses at the lowest damage level.

2. The rescue of persons in distress is a compulsory obligation of all organizations, individuals, vessels and other crafts while operating in Vietnamese seaport waters and sea areas. When detecting or receiving SOS signals from persons or other vessels in distress at sea or in seaport waters, if practical conditions allow and without serious dangerous for their persons and vessels, vessels shall seek all measures to rescue persons in distress, even redirecting or deviating from their scheduled route, and immediately notify such to concerned organizations and individuals. Less damaged vessels shall help more seriously damaged vessels even though accidents or incidents are not caused by their fault.

3. Directors of port authorities may mobilize all forces and equipment of their ports, and vessels and other crafts available in seaport areas to search and rescue persons and salvage vessels in distress. All mobilized parties are obliged to obey orders of directors of port authorities. For maritime accidents occurring in seaport waters and affecting maritime activities in navigable channels, directors of port authorities shall assume the prime responsibility for, and coordinate with maritime safety assurance units in these areas in, promptly giving warnings, installing marine navigation signals and issuing notices to mariners to assure maritime safety and security and prevent environmental pollution.

4. Agencies of coordination in maritime search and rescue must be ready to organize and coordinate with others in promptly conducting search and rescue for persons and vessels in distress in areas under their charge and may mobilize persons and vessels to participate in search and rescue activities.

5. The Ministry of Transport shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, formulating regulations on coordination in maritime search and rescue in seaport waters and sea areas, then submitting them to the Prime Minister for consideration and decision.

Article 74. Responsibility to report and investigate maritime accidents

1. Shipmasters are obliged to report to directors of port authorities on maritime accidents and incidents occurring to their vessels or upon detecting other maritime accidents and incidents as well as failures and malfunctions of the marine navigation signal system in Vietnamese seaport waters and sea waters; to execute requests of directors of port authorities and functional agencies for investigation into maritime accidents as prescribed by this Decree and other relevant laws.

2. The Minister of Transport shall detail the reporting and investigation of maritime accidents.

Section 5: ASSURANCE OF MARITIME SAFETY AND SECURITY AND ORDER AND SANITATION AT SEAPORTS

Article 75. Flying of flags on board vessels

The flying of flags on board vessels operating in seaports is prescribed as follows:

1. Vietnamese vessels shall fly the national flag of the Socialist Republic of Vietnam at the top of the mast at the stern from sunrise to sunset; foreign vessels shall fly the flag at the top of the highest mast.

2. All vessels anchored or berthed in the seaport area shall fly the flag in ceremony as guided by the director of the port authority, on the National Day of the Socialist Republic of Vietnam or when a head of state is paying a visit to the seaport.

3. Vessels under flags of foreign states, when wishing to fly their flags in ceremony, at half- mast or blow the whistle on the occasion of their national ceremonies, shall notify in advance port authorities thereof and follow the latter’s guidance.

4. Directors of port authorities may exempt some rudimentary water crafts operating in seaport waters from flying the national flag of Vietnam.

Article 76. Ladders for embarking and disembarking vessels

Ladders for embarking and disembarking a vessel must be properly lighted and adjusted to ensure safety for users. In ladder areas, there must be always persons on watch and life buoys as prescribed. Ladders must have handrails and protective nets beneath.

Article 77. Maritime safety and security, and order and sanitation on board

1. All vessels must have their names or numbers, IMO numbers (if any) and ports of registration displayed as prescribed.

2. Shipmasters shall assure safety, order and sanitation on board their vessels in accordance with Vietnamese law. Moorings must have rat guards as prescribed.

3. When a vessel is anchored or berthed in the port waters, apart from crewmen in the vessel’s complement and passengers carried on board, only persons on duty designated by competent agencies may embark the vessel; for foreign vessels, an embarkation permit issued by the port’s border guard or border-gate security public is additionally required, except for on-duty officials of specialized state management agencies. Shipmasters shall be held totally responsible if they let persons not on duty embark their vessels.

4. A vessel anchored or berthed in the port waters is prohibited from conducting the following acts:

a/ Blowing the whistle or using electric loudspeakers for communication, except for sending SOS signals or blowing the whistle under the order of the director of the port authority;

b/ Scrapping the funnel or discharging black smoke;

c/ Cleaning cargo holds or the deck, causing environmental pollution;

d/ Pumping out dirty water, dirty residues, waste, oil or oily compounds and other harmful substances;

dd/ Throwing or dumping rubbish or other articles from the vessel into the water or onto the wharf;

e/ Scattering equipment and property on the wharf;

g/ Removing rust and painting the vessel, causing environmental pollution;

h/ Repairing and testing engines or the whistle without permission of the port authority;

i/ Use life-saving and fire-extinguishing devices for improper purposes;

k/ Swimming or otherwise causing disorder in the port;

l/ Disinfecting or fumigating against rats without an advance notice and not following instructions of the port authority;

m/ Firing fireworks on ceremonial occasions of nation which vessel flying the flag shall be performed under provision and guides of the Minister of Culture, Sports and Tourism.

Article 78. Dumping of rubbish and discharge of wastewater and ballast water

1. Vessels, while operating in a seaport, shall dump rubbish, pump out dirty water and ballast water in accordance with regulations and instructions of the port authority.

2. Port enterprises or vessel cleaning service providers in a seaport shall arrange reception facilities for rubbish, dirty water, water containing oil residues and other hazardous liquids discharged from vessels for treatment or transfer to functional agencies for treatment and may collect service charges as prescribed by law.

3. The Ministry of Transport shall reach agreement with concerned ministries and branches on detailing the management of collection and treatment of wastes discharged from vessels in seaport waters.

Article 79. Sports activities, maritime security and search, rescue exercises

1. The organization of sports competitions in seaport waters must comply with law, be notified in advance and follow instructions of port authorities.

2. The Ministry of Transport directs the Vietnam Maritime Administration in assuming the prime responsibility for, and coordinating with concerned agencies and units in, organizing exercises in coordinated maritime search and rescue and maritime security in Vietnamese seaport waters and sea areas as prescribed by law.

Article 80. Transportation of passengers, cargoes, and mining of minerals, fishery activities in seaport waters

1. Transportation of passengers and cargoes, and mining of minerals in seaport waters must comply with relevant provisions of law and be notified in advance to port authorities.

2. The placement of bottom fish traps, fishing and culture of marine species in seaport waters must be approved in writing by directors of port authorities in order to assure maritime safety and security and prevent environmental pollution. Procedures for these activities are carried out as follows:

a/ The applicant shall send directly or by postal system to the port authority an application for approval, made according to Form No.27 attached to this Decree;

b/ Within 1 working day after receiving the application, the port authority shall issue a written reply. In case of refusal, it shall clearly state the reason.

Article 81. Responsibilities of shipmasters in cargo loading and discharge, repair and cleaning of their vessels in seaport waters

1. Before carrying out activities of loading and discharging cargoes, repairing and cleaning their vessels, shipmasters shall prepare all necessary conditions for assuring maritime safety and labor safety protection and strictly observe relevant provisions of law.

2. Shipmasters may permit the shut-up of cargo holds or allow persons to go into cargo holds after checking and making sure that no incident will occur.

3. In the course of cargo handling, if detecting any signs of unsafeness, shipmasters or persons in charge of cargo handling shall immediately suspend the work and deal with them.

4. When a labor accident occurs on board a vessel, the shipmaster shall quickly organize the render of first aid to the victim(s), take necessary measures to mitigate its consequences, immediately notify such to the port authority; and at the same time declare, investigate, make written records and statistics, and report on such labor accident in accordance with the labor law.

Article 82. Assurance of order and safety in port premises

1. Directors of port enterprises shall organize and manage activities of port guards in accordance with relevant provisions of law and practical conditions of ports.

2. Specialized state management agencies at seaports may use port gate area for performing their duties after reaching agreement with port enterprises.

3. When operating in port premises, organizations, individuals and vehicles must fully observe all relevant provisions of law.

Section 6: FIRE AND EXPLOSION PREVENTION AND PREVENTION OF AND RESPONSE TO ENVIRONMENTAL INCIDENTS

Article 83. Responsibilities of port enterprises and vessels for fire and explosion prevention and fighting

1. Shipmasters of vessels operating in seaports are obliged to observe, and check and supervise the observance of regulations on fire and explosion fighting and prevention.

2. Fire and explosion fighting and prevention equipment of seaports and vessels must be located right at prescribed places and always kept in the ready-to-operate state.

3. At all places prone to fire and explosion or in other areas and locations in seaports and on board vessels, there must be warning signs or instructions as prescribed by law.

4. All persons on duty at places prone to fire or explosion on board vessels and in seaports must be adequately trained in fire and explosion fighting and prevention skills.

5. In receiving fuel, vessels shall:

a/ Making ready all fire and explosion fighting and prevention equipment;

b/ Securely closing all doors at the side along which fuel is supplied;

c/ Observing all technical safety processes and rules;

d/ Arranging person on duty on the deck and at the fuel reception place.

6. It is strictly prohibited to use fire and explosion fighting and prevention equipment of ports and vessels for improper purposes.

7. It is strictly prohibited to perform spark- emitting work on the deck, in cargo holds or engine cabins without acceptance of port authorities.

8. In receiving fuel, the following activities are strictly prohibited:

a/ Letting another vessel draw alongside;

b/ Pumping fuel through pipes, hoses or joints not up to technical standards.

9. Before deciding to permit the repair and cleaning of vessels or other maritime activities in port waters which can affect fire and explosion fighting and prevention plans, directors of port authorities must consult local specialized fire and explosion prevention and fighting departments. Procedures are performed as follows:

a/ The procedure-performing person shall send directly or by postal system to the port authority a set of dossier of application including the following papers:

- An application, made according to Form No.27 of this Decree;

- A copy of the fire and explosion prevention plan.

b/ Within 02 working days after receiving an application, the port authority shall consult other agencies and issue a written reply. In case of refusal, it shall clearly state the reason.

Article 84. Coordination in fire and explosion fighting and prevention at seaports

1. Directors of port authorities shall coordinate with competent fire and explosion prevention agencies in areas under their management in making necessary fire and explosion prevention plans for vessels operating in such areas according to relevant regulations.

2. Directors of port authorities shall command activities of salving vessels involved in a fire or explosion in seaport waters till competent commanders of specialized fire and explosion prevention forces come to the scene.

3. Directors of port enterprises are responsible for commanding activities of salving involved in fires and explosions in port premises till competent commanders of specialized fire and explosion prevention forces come to the scene.

Article 85. Requirements for oil vessels and other dangerous cargo vessels

Apart from relevant provisions of the environmental protection law, all oil vessels and other dangerous cargo vessels, when operating in seaports, must also strictly comply with the following requirements:

1. Two vessels are prohibited from drawing along side each other while they are loading or discharging flammable or explosive cargoes, except for the case of supplying fuel from one vessel to another or of transshipment.

2. All oil or other dangerous cargo vessels at seaports may only load or discharge cargoes at designated places as announced.

3. At places mentioned in Clause 2 of this Article, there must be equipment for fire and explosion prevention as well as environmental pollution incident response as prescribed. In the course of loading or discharging cargoes, such equipment must be constantly kept in the ready-to-operate state.

4. The loading, discharge and preservation of flammable and explosive cargoes or other dangerous cargoes must strictly comply with current technical safety processes and rules as prescribed.

5. When devices for pumping petroleum, petrol, oil, liquefied gas, oil sludge or other hazardous substances are fitted together, shipmasters and concerned parties must appoint their representatives for inspection and supervision.

6. Upon the occurrence of an incident or accident related to oil pumping or loading or discharge of other dangerous cargoes, shipmasters shall immediately stop the oil pumping, loading or discharge of such cargoes and promptly apply measures to prevent its consequences; at the same time they shall promptly report such incident or accident to the port authority and concerned functional agencies for salving coordination.

Article 86. Requirements on prevention of and response to environmental incidents

1. All organizations, individuals and vessels, when operating at seaports, are obliged to comply with the environmental protection law.

2. In addition to the provisions of Clause 1 of this Article, vessels operating at seaports must also comply with the following requirements:

a/ All vessels’ valves and equipment through which hazardous substances may leak out must be securely shut up, put back to the inoperative state, be lead-sealed, with notice boards shown at their places. The removal of seals from or the pumping of waste matters and dirty water through valves or equipment stipulated in this Clause is subject to approval of directors of port authorities and supervision of staff members of such port authorities. Procedures for these activities are performed as follows:

- The procedure-performing person shall send directly or by postal system to the port authority an application, made according to Form No.27 attached to this Decree, for permission to remove seals or pump waste matters and dirty water through valves or equipment;

- Within 4 working hours after receiving the application, the port authority shall issue a written reply. In case of refusal to give permission, it shall clearly state the reason. The written reply shall be sent directly or by postal system to the procedure-performing person.

b/ Before pumping dirty water, oily wastewater or other hazardous substances through pipelines laid on deck, all drain holes on deck must be securely covered up and trays must be placed under pipeline joints to collect any leakage;

c/ All activities related to the pumping and discharge of oil or other hazardous substances shall be recorded in detail in a particular diary ready for presentation to Vietnamese competent agencies for inspection when necessary.

Article 87. Reporting of environmental pollution incidents at seaports

1. The reporting of environmental pollution incidents occurring at seaports must comply with law.

2. Apart from the provisions of Clause 1 of this Article, shipmasters of all vessels operating at seaports shall comply with the following requirements:

a/ If detecting a threat or an act causing environmental pollution, to promptly report it to the port authority; at the same time, to clearly record in the vessel logbook the time, location and characteristics of such environmental pollution incident;

b/ If the environmental pollution incident is caused by their own vessels’ activities, to immediately apply measures to effectively respond to the incident, and at the same time, report it to the port authority.

Chapter IV

COORDINATION IN ACTIVITIES OF SPECIALIZED STATE MANAGEMENT AGENCIES AT SEAPORTS

Article 88. Principles of coordination of management activities

1. Specialized state management agencies at seaports, when performing their duties, shall observe the provisions of law and cause no troubles affecting activities of port enterprises, ship owners, cargo owners, vessels and other organizations and individuals in seaport areas. Port authorities shall have responsibility for assuming the prime and coordinating activities of specialized state management agencies at seaports.

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

3. Any arising problem related to the functions and duties of other specialized state management agencies shall be settled in time through consultation and agreement. In case disagreeing, must promptly notify its disagreement to the port authority for settlement as prescribed by law.

4. When procedures are carried out on board a vessel as specified at Point b, Clause 2, Article 54, and Point a, Clause 2, Article 56 of this Decree or in other special circumstances and decided and took responsibility by the director of the port authority, specialized state management agencies may set up a procedure-completing team composed of a representative of the port authority as its head and officers appointed by specialized state management agencies as its members (one member for each agency). Particularly for passenger ships, in order to quickly complete procedures, specialized state management agencies in charge of border guard and customs may appoint more officers to join the team, provided that the number of these officers is approved by the director of the port authority. If finding it unnecessary to get aboard a vessel, specialized state management agencies may refuse to appoint their officers to join the procedure-completing team mentioned in this Clause but shall promptly notify the port authority of results of performance of procedures at their offices.

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

6. In the course of performing their duties, specialized state management agencies shall coordinate with other concerned agencies and organizations in the area in strictly implementing the provisions of law on all maritime activities at seaports.

Article 89. Responsibilities for coordinating management activities

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

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

b/ Organize and preside over conferences and all meetings with specialized state management agencies or other related agencies, organizations and enterprises in seaport areas in order to reach agreement on the settlement of problems arising in maritime activities in seaport waters under their charge;

c/ Request other specialized state management agencies at seaports to promptly notify results of performance of procedures and solutions to arising problems; request port enterprises, ship owners and shipmasters of vessels and other related agencies and organizations to supply data and information on maritime activities at seaports;

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

2. Other specialized state management agencies at seaports shall:

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

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

c/ After receiving and handling information on arising problems provided by port authorities or ship owners, promptly notify port authorities of these problems for coordinated settlement in time.

Article 90. Specialized inspection, examination, supervision and control at seaports

1. The inspection, examination, supervision and control by specialized state management agencies and other competent agencies of vessels, cargoes, passengers, crew, infrastructure of ports, wharves and other objects operating at seaports must comply with this Decree and relevant laws.

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

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

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

3. Cadres and public employees on duty are strictly prohibited from committing authoritarian, regionalist, self-seeking, hassling and other negative acts. All related violations shall be handled according to the provisions of law.

Article 91. Responsibilities of ministries, branches and local administrations for activities of specialized state management agencies at seaports

1. Concerned ministries, branches and provincial- level People’s Committees shall direct and guide activities of their subordinate specialized state management agencies in properly coordinating state management activities at seaports.

2. Examining, inspecting and strictly handling wrongdoings and violations in accordance with law.

3. Implementing the application of information technology to management activities to effectively facilitate maritime activities in seaports and navigable channels.

Chapter V

IMPLEMENTATION PROVISIONS

Article 92. Effect

1. This Decree takes effect form June 01, 2012, and replaces the Government’s Decree No. 71/ 2006/ND-CP of July 25, 2006, on management of seaports and navigable channels.

2. Being attached to this Decree is an appendix of List including a number of declaration, decision, permit, and requesting application forms which use in maritime activities.

Article 93. Organization of implementation

1. The Minister of Transport shall be responsible for assuming the prime, and coordinating with other concerned ministries, branches and provincial- level People’s Committees in, organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

 

ANNEX

THE LIST INCLUDING A NUMBER OF DECLARATION, DECISION, PERMIT, AND REQUESTING APPLICATION FORMS WHICH USE IN MARITIME ACTIVITIES.

 (Together with the Government’s Decree No.21/2012/ND-CP, of March 21, 2012)

1. Form No.01: Notice of arrival of vessel at the port (transit).

2. Form No.02: Ship’s security declaration.

3. Form No.03: General declaration.

4. Form No.04: Crew list.

5. Form No.05: Passenger list

6. Form No.06: Cargo declaration

7. Form No.07: Dangerous goods declaration.

8. Form No.08: Ship’s stores declaration.

9. Form No.09: Crew’s effects declaration.

10. Form No.10: Model of maritime declaration of health.

11. Form No.11: Declaration for plant quarantine.

12. Form No.12: Declaration for animal quarantine.

13. Form No.13: Shifting order.

14. Form No.14: Port clearance.

15. Form No.15: Permission for transit.

16. Form No.16: Decision on temporary detention of ship.

17. Form No.17: Decision on termination of temporary detention of ship.

18. Form No.18: Application for conformity with seaport planning.

19. Form No.19: Application for approving the plan of marine navigation safety assurance.

20. Form No.20: Application for announcement of opening seaport.

21. Form No.21: Application for announcement of harbor, wharf, buoy wharf, water zone, waters.

22. Form No.22: Application for announcement of putting work into use.

23. Form No.23: Application for closure of seaport, harbor, wharf, buoy wharf, water zone, waters

24. Form No.24: Application for setting temporary seaport infrastructure.

25. Form No.25: Application for permitting foreign seagoing ships with motor running by nuclear power, ships carrying radioactive substance to arrive at seaports.

26. Form No.26: Application for foreign vessels to arrive at seaports for performing specific operations.

27. Form No.27: Application for permitting execution activities in seaport waters and area under management of port authorities.

28. Form No.28: Decision on opening seaport.

29. Form No.29: Decision on opening harbor, wharf, buoy wharf, water zone, waters.

30. Form No.30: Decision on closure of seaport.

31. Form No.31: Decision on closure of harbor, wharf, buoy wharf, water zone, waters.

32. Form No.32: Application for putting marine navigation signals into use.

Except for the Forms from 1 to 17, others are not printed herein.

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This translation is translated by LawSoft, for reference only.  LawSoft is protected by copyright under clause 2, article 14 of the Law on Intellectual Property. LawSoft always welcome your comments.

 

 

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Số hiệu21/2012/ND-CP
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Ngày hiệu lực01/06/2012
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      Decree No. 21/2012/ND-CP on management of seaports and navigable channels
      Loại văn bảnNghị định
      Số hiệu21/2012/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành21/03/2012
      Ngày hiệu lực01/06/2012
      Ngày công báo...
      Số công báo
      Lĩnh vựcGiao thông - Vận tải
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      Cập nhật9 năm trước

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