Decree 76/2021/ND-CP on criteria for classification of seaports

DECREE

On criteria for classification of seaports^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 25, 2015 Maritime Code of Vietnam ;

At the proposal of the Minister of Transport;

The Government promulgates the Decree on criteria for classification of Vietnam’s seaports.

Article 1. Scope of regulation

This Decree provides criteria for and process of assessment and classification of Vietnam’s seaports.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in planning, construction investment, management and use of Vietnam’s seaports.

Article 3. Criteria for classification of seaports

1. Criteria for assessment and classification of seaports in Vietnam include a criterion on the scope of impacts of seaports and criterion on the size of seaports.

2. Criterion on the scope of impacts of seaports

The criterion on the scope of impacts of seaports shall be assessed on the basis of the overall master plan on development of the seaport system approved by a competent state agency, according to the following norms:

a/ Seaports serving national or inter-regional socio-economic development and functioning as international transshipment ports or international gateway ports;

b/ Seaports serving national or inter-regional socio-economic development;

c/ Seaports serving regional socio-economic development;

d/ Seaports serving local socio-economic development.

3. Criterion on the size of seaports

The criterion on the size of seaports shall be assessed on the basis of the output of goods handled at seaports and deadweight tonnage of ships received at seaports, according to the following norms:

a/ Output of goods handled at seaports;

b/ Deadweight tonnage of ships received at seaports.

Article 4. Methods of assessment and classification of seaports

1. The assessment and classification of seaports shall be carried out according to the scoring method. The 100-point scoring scale shall be used for assessment. A specific point shall be given to each criterion as provided in the Appendix to this Decree.

2. Seaports shall be assessed and classified into 4 categories

a/ Special seaports are those getting the total score of over 90 points;

b/ Class-I seaports are those getting the total score of between over 70 points and 90 points;

c/ Class-II seaports are those getting the total score of between 50 points and 70 points;

d/ Class-III seaports points the total score of less than 50 points.

3. Grounds for assessment and classification of the current state of seaports

a/ Data on the scope of impacts of seaports shall be based on the overall master plan on development of the seaport system approved by a competent state agency;

b/ Data on the size of seaports shall be taken from the Vietnam Maritime Administration’s data on average statistics of goods handled at seaports in the last 3 years and data on deadweight tonnage of ships received at seaports according to the Vietnam Maritime Administration’s decisions on announcement of the opening of wharves and piers in the last year.

4. The classification of seaports upon formulation or adjustment of the master plan on seaports shall be based on projected data on goods and deadweight tonnage in each period of the master plan and the criteria specified in this Decree.

Article 5. Process of assessment and classification of seaports

1. In January of the first year of a 5-year period or based on the actual development at seaports, the Vietnam Maritime Administration shall make a list of seaports and  assessment and classification of seaports, and submit it to the Ministry of Transport.

A dossier for classification of seaports and announcement of the list of seaports must comprise:

a/ A written request for classification of seaports and announcement of the list of seaports;

b/ A draft decision on announcement of the list of seaports;

c/ Relevant documents.

2. Based on the Vietnam Maritime Administration’s report, the Ministry of Transport shall solicit opinions of ministries, provincial-level People’s Committees and related agencies, organize the appraisal, and submit a dossier to the Prime Minister for the latter to decide on classification of seaports and announcement of the list of seaports.

A dossier for classification of seaports and announcement of the list of seaports must comprise:

a/ A request for classification of seaports and announcement of the list of seaports, to be submitted to the Prime Minister;

b/ The Ministry of Transport’s appraisal report;

c/ The Prime Minister’s draft decision on announcement of the list of seaports;

d/ Relevant documents.

Article 6. Effect

1. This Decree takes effect on September 10, 2021.

2. To annul Clause 1, Article 20 of the Government’s Decree No. 58/2017/ND-CP of May 10, 2017, detailing a number of articles of the Maritime Code of Vietnam regarding the management of maritime activities.

3. The Prime Minister’s Decision No. 70/2013/QD-TTg of November 19, 2013, announcing the list for classification of Vietnam’s seaports, ceases to be effective on the effective date of this Decree.

Article 7. Implementation responsibility

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH

*The Appendix to this Decree is not translated.