Decision 886/QD-TTg 2023 implement Overall Master Plan on development of Vietnam’s seaport system in 2021-2030

DECISION

Approving the Plan on policies, solutions and resources for implementation of the Overall Master Plan on development of Vietnam’s seaport system in the 2021-2030 period, with a vision toward 2050

___________

THE PRIME MINISTER

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 Vietnam Maritime Code;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of 37 Laws concerning Planning;

Pursuant to the National Assembly’s Resolution No. 61/2022/QH15 of June 16, 2022, on further improvement of efficiency and effectiveness of the implementation of planning policies and laws and a number of solutions to remove difficulties and problems and accelerate the formulation and raise the quality of master plans in the 2021-2030 period;

Pursuant to the Government’s Decree No. 37/2019/ND-CP of May 7, 2019, detailing the implementation of a number of articles of the Planning Law;

Pursuant to the Prime Minister’s Decision No. 1579/QD-TTg of September 22, 2021, approving the Overall Master Plan on development of Vietnam’s seaport system in the 2021-2030 period, with a vision toward 2050;

At the proposal of the Minister of Transport,

DECIDES:

Article 1. To promulgate together with this Decision the Plan on policies, solutions and resources for the implementation of the Overall Master Plan on development of Vietnam’s seaport system in the 2021-2030 period, with a vision toward 2050.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

PLAN

On policies, solutions and resources for the implementation of the Overall Master plan on development of Vietnam’s seaport system in the 2021-2030 period, with a vision toward 2050

(Promulgated together with the Prime Minister’s Decision No. 886/QD-TTg of July 24, 2023)

I. OBJECTIVES

1. To raise awareness and increase actions in organizing the implementation of the Prime Minister’s Decision No. 1579/QD-TTg of September 22, 2021, approving the Overall Master Plan on development of Vietnam’s seaport system in the 2021-2030 period, with a vision toward 2050 (below referred to as the Master Plan).

2. To identify tasks, solutions, and a list of specific projects to be implemented in each period from now to 2030 as suitable to conditions of ministries, sectors and localities; to clearly identify modes, resources and mechanisms for ensuring coordination among ministries, sectors and provincial-level People's Committees in organizing the implementation of the Master Plan.

3. To set orientations for ministries, sectors and provincial-level People's Committees in formulating plans, and coordinating with the Ministry of Transport and related units in the performance of objectives, tasks and solutions for the implementation of the Master Plan in each period.

II. TASKS AND PLANS FOR IMPLEMENTATION OF THE MASTER PLAN

1. Performance of procedures in accordance with the planning law

- To organize the publicization of the Master Plan, popularize and disseminate the contents of the Master Plan, and provide information on the Master Plan to organizations and individuals for them to participate in supervising the implementation of the Master Plan and participate in the development of infrastructure according to the Master Plan;

- To provide data on the Master Plan in service of building the national information system and database on planning;

- To archive planning documents under regulations;

- To report on and evaluate the implementation of the Master Plan on an annual and, 5-year basis or at the request of competent authorities.

2. Improvement of legal documents on maritime navigation

- To study and propose amendments to the 2015 Vietnam Maritime Code according to a roadmap and the order and procedures specified in the Law on Promulgation of Legal Documents; to review and amend relevant guiding decrees and circulars to facilitate the development, management and effective use of maritime infrastructure. To focus on improvement of legal documents on prices and charges at seaports so as to increase the efficiency of investment in seaports and attractiveness for shipping firms, thereby luring containerized cargoes for international transshipment, and ensuring the harmony between interests of the nation and those of stakeholders.

- To review and amend legal documents relating to mechanisms and policies for feasible and effective realization of the objectives set forth in the Master Plan, ensuring the consistency and synchronism with the implementation of the 2021-2030 ten-year Strategy for socio-economic development as well as socio-economic development plans of the country and each locality.

- To study formulating legal documents to regulate and guide the application of the policy on open ports in the Lach Huyen, Cai Mep-Thi Vai and Van Phong port areas.

- To formulate documents regulating and guiding, and technical regulations and standards applicable to, investment in the construction of seaports meeting green-port criteria.

- To improve existing legal documents and additionally formulate legal documents on attraction of funding sources, management and use of lawful funding sources other than state budget funds for maritime infrastructure development according to the Master Plan.

3. Development of infrastructure

a/ Formulation and adjustment of master plans

- To organize the adjustment of the Master Plan in conformity with the National Master Plan for the 2021-2030 period with a vision toward 2050.

- To formulate specialized maritime master plans, and concretize the Master Plan to organize the development of seaport infrastructure and other related maritime infrastructure facilities. To allocate sufficient funds for the planning work from the funding source for recurrent expenditures under regulations or other lawful funding sources.

- To review, and adjust and supplement detailed master plans on groups of seaports up to 2020, with orientations toward 2030 (until new master plans are promulgated) in accordance with the planning law and in conformity with the Master Plan, ensuring the synchronization, continuity, and satisfaction of socio-economic development requirements.

b/ Investment in development of maritime infrastructure

- To prioritize the inclusion of funds in the Ministry of Transport’s 2026-2030 medium-term public investment plan using central budget funds as approved by a competent authority for implementation of projects (details are provided in Appendix I to this Decision).

- To call for investment in seaport infrastructure development projects using enterprises’ funds according to the approved planning schedule (details are provided in Appendix II to this Decision).

c/ Expected land-use demand (plan)

- By 2030, the total land-use demand under the Master Plan is estimated at around 33,600ha, and the total water-surface use demand, around 606,000ha.

- The Ministry of Transport shall, in the course of formulating technical and specialized master plans, further review and determine the detailed land-use demand and investment phasing in conformity with the norms set out in the national land use master plan for the 2021-2030 period, with a vision toward 2050, and the 2021-2025 five-year national land-use plan approved under the National Assembly’s Resolution No. 39/2021/QH15.

III. POLICIES AND SOLUTIONS FOR IMPLEMENTATION OF THE MASTER PLAN

1. Attraction of funds for infrastructure development

- To mobilize and allocate sufficient funds for the planning work to ensure the progress of implementation of the Master Plan; to formulate mechanisms for attraction and receipt of resources as donations from organizations and individuals for the planning work to reduce budgetary pressure.

- To balance the budget funds and allocate sufficient funds for construction of public maritime infrastructure facilities (navigable channels, lighthouses, storm shelters for ships, infrastructure facilities for assurance of maritime safety, specialized state management of maritime navigation, search and rescue, and auxiliary facilities) according to the roadmap of the approved master plan on seaport development, creating spillover effects and attracting investment in seaports and related infrastructure facilities in the region. To intensify coordination among ministries, sectors and localities to allocate resources for feasible and effective realization of the objectives set forth in the Master Plan.

- To mobilize budget and non-budget resources and domestic and foreign resources to perform the planning work and make investment in seaport infrastructure development according to the Master Plan. To institutionalize solutions to mobilize and use resources for effective and feasible implementation.

- To further strengthen relationships with related organizations of strategic partners of Vietnam such as Japan, the Republic of Korea and other countries, international organizations such as the Japan International Cooperation Agency (JICA) and Asian Development Bank (ADB), and other organizations to attract investment capital for seaport infrastructure, and transport infrastructure connected to seaports.

- Top review the management and use of the proceeds from lease of marine infrastructure, and propose a specific mechanism for use of this source of revenues for implementation of urgent projects in the maritime field.

- To study applying investment incentives to investment projects using water surface and sea areas (specified in June 17, 2020 Law No. 61/2020/QH14 on Investment) in order to attract investors for maritime infrastructure development.

2. Development of human resources

- To adopt policies to train and attract high-quality human resources for the maritime field, especially in management and operation of seaport infrastructure. To intensify cooperation, taking advantage of assistance of partners and international organizations in development of maritime human resources.

- To formulate plans for training and further training maritime-management human resources, ensuring the continuity and quality. To properly perform the tasks of training and further training professional qualifications and skills to meet the requirements of job positions of civil servants and public employees. To create conditions for civil servants and public employees to attend professional training courses and learn advanced management experiences in countries with highly developed maritime economies, and promote scientific research in service of specialized maritime management.

3. Scientific and technological development

- To promote the application of science and technology, modern techniques, digital technology and digital transformation in the development of the maritime industry, covering the construction, management and operation of the seaport system in line with the trend of the Fourth Industrial Revolution.

- To prioritize investment, development and efficient use of the information technology system of the national single-window mechanism. To carry out declaration of shipping procedures via portals; to expand the national single-window customs mechanism in the seaport areas of Ho Chi Minh City, Vung Tau, Da Nang, Hai Phong and Quang Ninh and other seaports.

- To accelerate investment in and operation of projects in association with the application of modern science and technology for maritime management and development, including the project on installation of the new-generation Cospas-Sarsat satellite system known as MEOLUT in order to catch the technology trend and the development roadmap of the Cospas-Sarsat system, maintain and improve the quality of Cospas-Sarsat emergency services; to effectively exploit the long-range identification and tracking (LRIT) system; to manage vessels by the vessel traffic services (VTS) and automatic identification system (AIS) in order to improve efficiency in managing and monitoring the position of vessels flying the national flag, and serve specialized maritime management, search and rescue, national defense and security, and development of marine economy.

- To strengthen cooperation with developed countries to learn experience, and transfer science and technology for development of advanced, efficient, safe maritime traffic up to standards of the region and the world.

4. Assurance of social security

To continue ensuring close coordination among ministries, sectors and localities based on their functions, tasks and competence in investment in the development of seaports and maritime infrastructure and investment in civil-use infrastructure facilities and works (civil-use roads, sea-dike routes, and coastal erosion prevention facilities; and local fishing ports and passenger ports) to serve the people, ensure social security, conserve and promote the values of cultural heritages, tourism and environment.

5. Environmental protection

- To step up environmental research and protection activities in the construction, management and operation of maritime infrastructure, focusing on roadmap-based development of the system of seaports meeting green-port criteria; to study and develop a fleet of modern and eco-friendly vessels and coastal vessels in line with the plan on implementation of Vietnam’s commitments to combating global climate change.

- To strengthen cooperation and take advantage of the support of partners and international organizations in environmental research and protection, disaster prevention and climate change adaptation.

- Ministries and agencies shall, within the ambit of their competence, closely coordinate with localities in carrying out ground clearance; and plan locations for dumping and storage of dredged materials in compliance with regulations on environmental protection.

6. Assurance of financial resources

- To study and propose appropriate financial mechanisms and policies in order to allocate sufficient capital for investment in development of the seaport system under the Master Plan. To regularly review and evaluate the practical demand for infrastructure development in each area in order to propose a reasonable list of investment priorities, ensuring centralized and focused investment, as suitable to the capacity of allocating resources while creating spillover effects.

- The Ministry of Transport, Ministry of Finance and Ministry of Planning and Investment shall closely coordinate with one another in studying, and reporting to competent authorities for consideration, the allocation and use of annual budget funds for implementation of the contents mentioned in the Master Plan.

- To regularly organize investment promotion conferences to provide planning information and investment policies for each region and locality in order to attract non-budget capital sources, thus ensuring sufficient capital for investment in seaport development under the Master Plan.

7. Assurance of national defense and security

- To develop wharves in island districts to serve socio-economic development in association with assurance of national defense and security and sovereignty over seas and islands.

- Ministries, sectors and localities shall, within the ambit of their competence, actively and closely coordinate with one another in performing the tasks of national defense and security, search and rescue, sovereignty protection, and exercise of sovereign rights and national jurisdiction over seas and islands, and assurance of security and order in the course of implementation of the Master Plan.

- To promptly and efficiently implement projects on investment in maritime infrastructure in association with assurance of national defense and security and sovereignty over seas and islands, including construction of lighthouses and building of search and rescue ships and supply ships (conducting patrol at sea and on the Spratly islands and offshore islands in the South and North) in order to enhance the capacity of coordination in search and rescue activities and protection of the marine environment, thus contributing to asserting the national sovereignty and sovereign rights over seas and islands.

8. Breakthrough mechanisms and policies in mobilizing resources to organize the implementation of master plans

To study mechanisms and policies to mobilize resources for the formulation of maritime technical and specialized master plans; use of the proceeds from lease for operation of port infrastructure invested by the state budget to build public maritime infrastructure facilities; and exemption from and reduction of the levy for use of sea areas to develop seaports, and mechanisms and policies meeting the requirements of mobilization of resources for implementation of the Master Plan.

IV. ORGANIZATION OF IMPLEMENTATION

1. The Ministry of Transport

- To organize the provision of information and archive of planning documents in accordance with law.

- To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, managing and organizing the implementation of master plans. To organize the formulation of maritime technical and specialized master plans and submit them to the Prime Minister for approval or approve them according to its competence.

- To organize the adjustment of the Master Plan in compliance with the National Master Plan approved under the National Assembly’s Resolution No. 81/2023/QH15.

- To direct the formulation, approval and implementation of the plan on implementation of the detailed master plan of groups of seaports for the 2021-2030 period, with a vision toward 2050; the detailed master plan on development of land and water areas of seaports for the 2021-2030 period, with a vision toward 2050; and the overall master plan on development of the system of inland container depots for the 2021-2030 period, with a vision toward 2050.

- To assume the prime responsibility for reviewing specialized laws according to the order of amendment of laws and guiding documents in order to facilitate the planning, investment, management, maintenance and operation of maritime infrastructure; to improve the system of standards, technical regulations and techno-economic norms. To coordinate with ministries and sectors in reviewing for proposing competent authorities to amend relevant legal documents in order to facilitate and increase the efficiency of investment and operation of maritime infrastructure, and organize the implementation of relevant contents according to its assigned functions and tasks.

- To coordinate with related ministries, sectors and localities in studying and mobilizing appropriate resources for investment in development of maritime infrastructure and under land-use master plans in line with national-level sectoral master plans and maritime technical and specialized master plans.

- To assume the prime responsibility for, and coordinate with related agencies in, reporting and evaluating the implementation of the Master Plan on an annual and 5-year basis or at the request of competent authorities.

- To study breakthrough mechanisms and policies in mobilization of resources to organize the implementation of master plans related to resource mobilization in order to formulate maritime technical and specialized master plans; to study the use of the proceeds lease for operation of port infrastructure invested by the state budget in order to build public maritime infrastructure facilities; exemption from or reduction of the levy for use of sea areas for investment in seaport development, and mechanisms and policies meeting the requirements of mobilization of resources for implementation of the Master Plan.

2. The Ministry of Planning and Investment

To assume the prime responsibility for allocating public investment funds for investment in maritime infrastructure in accordance with the Law on Public Investment and Law on the State Budget. Within the ambit of its competence, to assume the prime responsibility for, and coordinate with the Ministry of Transport in, studying and promulgating, or submitting to competent authorities for promulgation, mechanisms and policies on mobilization of funding sources for investment, upgrading and maintenance of maritime infrastructure.

3. The Ministry of Finance

- To allocate state budget funds for evaluation of the Master Plan under Section 2 of the Planning Law; to allocate funds for formulation, appraisal, decision, approval, publicization and adjustment of maritime technical and specialized master plans in accordance with law.

- To assume the prime responsibility for allocating non-business funds for the maintenance of maritime infrastructure covered by the central budget according to the annual budget fund-balancing capacity. Within the ambit of its competence, to coordinate with the Ministry of Transport in studying and promulgating, or submitting to competent authorities for promulgation, mechanisms and policies to mobilize and use funding sources for the planning, operation and maintenance of maritime infrastructure. To assume the prime responsibility for studying the mechanism of open ports at Lach Huyen wharf (Hai Phong) and Cai Mep wharf (Ba Ria-Vung Tau).

4. The Ministry of Natural Resources and Environment

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, finalizing incentive policies on use of land and sea areas for construction of maritime infrastructure; to complete regulations on management and use of land and sea areas for maritime infrastructure and procedures for dumping of dredged materials, facilitating investment and operation of seaports.

5. The Ministry of Industry and Trade

To assume the prime responsibility for, and coordinate with the Ministry of Transport in, completing the law on logistics service (in association with operation of inland container depots); and mechanisms and policies related to development of industries and auxiliary industries in association with different fields of the transport sector.

6. The Ministry of Science and Technology

To coordinate with the Ministry of Transport and Ministry of Construction in organizing research and testing of new technologies and new materials; to promulgate a system of standards in different fields of the transport sector.

7. The Ministry of Information and Communications

To coordinate with the Ministry of Transport in strengthening public communication to agencies, organizations, enterprises and the people in order to improve the efficiency of management and operation of seaport infrastructure and protect seas and islands, contributing to assurance of maritime safety and security.

8. The Ministry of Agriculture and Rural Development

To coordinate with the Ministry of Transport in reviewing and amending legal documents to facilitate investment in construction of maritime infrastructure (including outside-dike areas).

9. The Ministry of Labor, Invalids and Social Affairs

To study, review, and coordinate with related ministries and sectors in directing vocational education institutions to train highly skilled human resources to meet the practical demand for maritime transport development.

10. Related provincial-level People’s Committees

To organize the performance of state management of transport in accordance with law in their localities; to strictly manage the land areas for implementation of the Master Plan.

- To review master plans and projects in localities, ensuring the consistency and synchronization with master plans of the transport sector.

- To update contents of provincial master plans, ensuring compliance with local traffic development orientations under national-level sectoral master plan. To actively formulate and integrate the detailed master plan on seaports into provincial master plans, and propose mechanisms to mobilize resources for planning and investment in development of maritime infrastructure in localities.

- To periodically organize conferences on investment promotion for development of maritime infrastructure, including seaport infrastructure in localities under the Master Plan.

V. FUNDS FOR IMPLEMENTATION OF THE PLAN

- Funds for performance of the tasks set out in this Plan shall be included in state budget estimates of related ministries and sectors and localities according to the current regulations state budget management decentralization, ensuring suitability to the capacity to balance state budget funds and other lawful funding sources in accordance with law, and ensuring efficient and economical use of funds as well as the progress of implementation.

- Related ministries and sectors and localities shall proactively include and integrate tasks and mobilize lawful funding sources other than state budget funds for performance of the tasks mentioned in this Plan.