Decree 06/2024/ND-C amend Decree 08/2021/ND-CP management of inland waterway navigation activities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021, prescribing the management of inland waterway navigation activities

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

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004; the Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation dated June 17, 2014;

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021, prescribing the management of inland waterway navigation activities.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021, Prescribing the management of inland waterway navigation activities:

1. To amend and supplement Point c Clause 2; add Point d Clause 2; amend and supplement Point c and Point d Clause 5 Article 15 as follow:

a) To amend and supplement Point c Clause 2 as follow:

“c) The provincial-level Departments of Transport shall agree on construction specifications for inland waterway ports on local inland waterways or specialized inland waterways connected to local inland waterways, inland waterway ports in seaport waters connected to local inland waterways in the provinces and centrally-run cities, unless otherwise specified at Point a of this Clause, and other cases decided by the Ministry of Transport;”.

b) To add Point d Clause 2 as follow:

“d) The district-level People’s Committees shall agree on inland waterway landing stage construction specifications in areas under their management.”.

c) To amend and supplement Point c Clause 5 as follow:

“c) Inland waterway landing stages

The project owners shall submit 01 dossier in person or in other suitable ways to the district-level People’s Committees. For any inland waterway landing stage on national inland waterways or specialized inland waterways connected to national inland waterways, before issuing a written agreement, the district-level People’s Committees shall consult the regional Inland Waterways Administration Branches. Within 05 working days from the date of receiving the written request from the district-level People’s Committees, the regional Inland Waterways Administration Branches shall reply in writing. Within 05 working days from the date of receiving the written reply from the regional Inland Waterways Administration Branches, the district-level People’s Committees shall send a written agreement on construction specifications to the project owner;”

d) To amend and supplement Point d Clause 5 as follow:

 “d) For inland waterway ports and landing stages located in seaport waters, before appraisal and agreement on construction specifications, the Vietnam Inland Waterways Administration, the provincial-level Departments of Transport and the district-level People’s Committees shall obtain written opinions from the Maritime Administrations. Within 05 working days from the date of receiving the written request, the Maritime Administrations shall reply in writing.”

2. To amend and supplement Clause 2 Article 16 as follow:

“2. Authority to agree

The district-level People’s Committees shall agree on construction specifications for cross-river passenger landing stages and inland waterway landing stages in service of the main construction work under their management.”

3. To amend and supplement Clause 4 and Clause 10 Article 18 as follow:

a) To amend and supplement Clause 4 Article 18 as follow:

“4. Announcement process

Before putting an inland waterway port or landing stage into operation, owners of ports and landing stages shall submit 01 dossier for declaration of operation in person or via post service or via online public service portal or via other appropriate methods as follow:

a) For inland waterway port receiving foreign watercraft: The dossier shall be submitted to Vietnam Inland Waterway Administration (for inland waterway port located on national inland waterway, specialized inland waterway connected to national inland waterway, inland waterway whose waters and/or land is connected to national inland waterway and local inland waterway, inland waterway ports in seaport waters connected to national inland waterway), provincial-level Departments of Transport (for waterway ports located on local inland waterway, specialized inland waterway connected to local inland waterway, inland waterway ports in seaport waters connected to local inland waterway in provinces and centrally-run cities) for appraisal. Within 5 working days from the date of receiving the dossier specified herein in full, Vietnam Inland Waterway Administration and provincial-level Departments of Transport shall appraise the dossier and report to the Ministry of Transport if all requirements are met. Within 5 working days of receiving the complete dossier and the appraisal report, the Ministry of Transport shall issue a decision on announcement of operation of the inland waterway port;

b) For any inland waterway port not receiving foreign watercraft: The dossier shall be submitted to Vietnam Inland Waterway Administration (for inland waterway ports specified at Point b Clause 2 Article 15 of this Decree) or provincial-level Departments of Transport (for inland waterway ports specified at Point c Clause 2 Article 15 of this Decree). Within 05 working days from the date of receiving the dossier as specified herein in full, the Vietnam Inland Waterways Administration or the provincial-level Department of Transport shall issue a decision on announcement of operation of the inland waterway port;

c) For any inland waterway landing stage: The dossier shall be submitted to the district-level People’s Committees. Within 05 working days from the date of receiving the dossier as specified herein in full, the district-level People’s Committees shall issue a decision on announcement of operation of the inland waterway landing stage;

d) In case of online submission, the dossier comprises original copies or electronic copies of corresponding documents under Clause 2 (for dossier requesting announcement of operation of the inland waterway port) or Clause 3 (for dossier requesting announcement of operation of landing stage) Article 18 of this Decree;

dd) In case of receiving the dossier directly, if the dossier is complete, issue a dossier receipt and return the results within the prescribed time limit; in case the dossier is incomplete as prescribed, immediately return it and guide the organization or individual to complete the dossier; in case of receiving the dossier via post service or online public service system or other appropriate forms, if the dossier is incomplete as prescribed, within 02 working days from the date of receiving the dossier, the receiving agencies shall send a document to the organizations or individuals via post service or online public service system or other appropriate forms, clearly stating the reasons and requirements for supplementing and completing the dossier.".

b) To amend and supplement Clause 10 Article 18 as follow:

“10. Within 2 working days from the date of signing the decision, the authority announcing operation of port or landing stage is responsible for sending the decision on announcing operations to the following individuals and organizations:

a) Project owner;

b) Ministry of National Defense, Ministry of Public Security, Ministry of Health, Ministry of Agriculture and Rural Development, provincial-level People’s Committees (for ports that receive foreign watercrafts);

c) Vietnam Inland Waterway Administration (for inland waterway ports);

d) Inland waterway authorities, maritime administrations (for inland waterway ports and landing stages in seaport waters), regional Inland Waterway Branches;

dd) Provincial-level Departments of Transport;

e) District-level and commune-level People’s Committees where inland waterway ports, landing stages are located;

g) Border guard agencies, customs authorities, healthcare authorities (for inland waterway ports and landing stages in vicinity of border checkpoints) and relevant organizations, individuals.”.

4. To annul Point b, Point c Clause 4 Article 20; amend and supplement Point a Clause 4 Article 20 as follow:

“a) The re-announcement of operation of the inland waterway port or landing stage shall comply with procedures detailed under Clause 4 Article 18 hereof;”.

5. To replace Form No. 13 and Form No. 16 of the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021, with Form No. 13 and Form No. 16 provided in Appendix to this Decree.

Article 2. Transitional provisions

1. Agreements on construction specifications of inland waterway landing stages, cross-river passenger landing stages, inland waterway landing stages in service of the main construction work, and decisions on announcement, re-announcement, extension of operation of inland waterway landing stages, cross-river passenger landing stages, inland waterway landing stages in service of the main construction work issued by competent authority before the effective date of this Decree shall continue to be implemented until the expiration of the time limit prescribed by the document. Upon expiry of these documents, organizations and individuals shall comply with the provisions of this Decree.

2. For dossiers requesting agreements on construction specifications of inland waterway landing stages, cross-river passenger landing stages, inland waterway landing stages in service of the main construction work, and dossiers requesting announcement, re-announcement, extension of inland waterway landing stages, cross-river passenger landing stages, inland waterway landing stages in service of the main construction work, announcement of closure of inland waterway landing stages that have been received by the competent authority before the effective date of this Decree, the competent authority that has received such dossiers shall continue to handle them in accordance with the provisions of legal documents in force at the time of receiving the dossiers.

3. Within 90 working days from the effective date of this Decree, provincial-level Departments of Transport shall transfer processed dossiers of request for announcement, re-announcement of operation of inland waterway landing stage to the district-level People’s Committees competent to announce, re-announce, extend the operation of inland waterway landing stage according to Clause 2 and Clause 5 Article 1 hereof. During periods in which the dossier has not been transferred and/or received, if re-announcement of operation of inland waterway landing stage is required, provincial-level Departments of Transport shall provide dossier of these inland waterway port to the district-level People’s Committees for re-announcement of operation of inland waterway landing stage.

4. The form of online administrative procedures via the public service portal shall be implemented from January 1, 2025.

Article 3. Implementation provisions

1. This Decree takes effect from March 10, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities shall implement this Decree./.