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

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Decree No. 21/2012/ND-CP dated March 21, 2012 of the Government on management of seaports and navigable channels
Issuing body: GovernmentEffective date:
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Official number:21/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:21/03/2012Effect status:
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SUMMARY

MARITIME PILOTAGE SERVICE IS OBLIGED TO 1.000 GT VIETNAMESE VESSELS

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

Under this Decree, from June 01, 2012, Vietnamese vessels carrying passengers, oil, liquefied gas or chemical buckets and of a gross tonnage of 1,000 GT or more are obliged to use the maritime pilotage service when entering or departing from seaports or moving within Vietnamese seaport waters.

The pilotage organization shall work out daily steering plans based on the requests for the pilotage service. 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.

At the same time, 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.

This Decree replaces the Decree No. 71/2006/ND-CP dated July 25, 2006 and takes effect on June 01, 2012.
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 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 maritme 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.

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