Decree No. 43/2018/ND-CP dated March 12, 2018 of the Government on management, use and operation of maritime infrastructure

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Decree No. 43/2018/ND-CP dated March 12, 2018 of the Government on management, use and operation of maritime infrastructure
Issuing body: GovernmentEffective date:
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Official number:43/2018/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:12/03/2018Effect status:
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SUMMARY

Only Prime Minister and 2 Ministers can decide to sell port terminals

According to the Decree No. 43/2018/ND-CP dated March 12, 2018 of the Government, maritime infrastructure includes: Port terminals; Portage areas; Headquarters, facilities, warehouses, storage yards; Traffic; Navigable channels and breakwaters…

The Prime Minister shall consider selling maritime infrastructure in conjunction with national defense and security or property formed from projects subject that the Prime Minister decided to invest.  The Minister of Finance shall consider selling maritime infrastructure which are associated with land and water surface which are not under the Prime Minister’s decision. The Minister of Transport shall consider selling the remain maritime infrastructure.

A maritime infrastructural facility shall be sold in any of the following cases: It is withdrawn and is no longer intended for use; the facility is handed over but no longer need for use or is operated in an ineffective manner...

This Decree takes effect on the signing date.

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Effect status: Known

 THE GOVERNMENT

Decree No. 43/2018/ND-CP dated March 12, 2018 of the Government on management, use and operation of maritime infrastructure

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

Pursuant to Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to Maritime Code dated November 25, 2015;

At the request of the Minister of Finance;

The Government promulgates a Decree on management, use and operation of maritime infrastructure.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree sets forth management, use and operation of maritime infrastructure invested and managed by the state.

2. The management, use and operation of maritime infrastructure invested by organizations or individuals are not governed by this Decree.

Article 2. Subjects of application

1. Maritime authorities.

2. Authorities designated to manage maritime infrastructure (hereinafter referred to as infrastructure supervisors).

3. Agencies and enterprises designated to use and operate marine infrastructure (hereinafter referred to as infrastructure operators).

4. Other entities related to management, use and operation of maritime infrastructure.

Article 3. Rules for management, use and operation of maritime infrastructure

1. Every maritime infrastructure is handed over to eligible supervisors or operators as per the law.

2. State management of maritime infrastructure shall be consistent and present clear decentralization, responsibilities of each regulatory body and responsibilities for cooperation between regulatory bodies; and separation between roles of regulatory bodies and business lines of enterprises.

3. The maritime infrastructure shall be operated in conformity with market mechanism and in an effective manner; the state encourages private sector involvement to mobilize social resources to maintain, develop and operate the maritime infrastructure.

4. Physical maritime infrastructure and its value shall be reckoned up and accounted for adequately, those at high risks of facing natural disasters, conflagration and other force majeure events are eligible for risk management through insurance and other instruments as per the law.

5. The management, use and operation of maritime infrastructure must be undertaken transparently; under supervision, inspection and audit; every violation against property management and use shall be dealt with a timely and strict manner as per the law.

Chapter II

MANAGEMENT, USE AND OPERATION OF MARITIME INFRASTRUCTURE

Section 1: MANAGEMENT OF MARITIME INFRASTRUCTURE

Article 4: Maritime infrastructure

Maritime infrastructure (including land area and water area associated with the infrastructure), inclusive of:

1. Seaport infrastructure:

a) Port terminals (including waterfront of wharves), floating terminals;

b) Portage areas, anchorage, storm shelters in port waters;

c) Headquarters, facilities, warehouses, storage yards, buildings and other auxiliary facilities;

d) Traffic, communications, electricity and water system.

2. Maritime safety infrastructure:

a) Lighthouses and light stations connected to lighthouses;

b) Floating beacons and floating beacon stations operating;

c) Vessel Traffic Service (VTS);

d) Breakwaters, sand breaks, flow-redirecting revetment, bank-protecting revetments;

dd) Navigable channels.

3. Maritime telecommunications network infrastructure refers to assets, structures, and equipment in service of Vietnam coastal communication system.

4. Maritime infrastructure prescribed in Clause 1, Clause 2, Clause 3 of this Article in conjunction with national defense and security shall be determined according to law on protection of national importance works in conjunction with national defense and security.

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