Decree 08/2021/ND-CP management of inland waterway navigation activities

DECREE

Prescribing the management of inland waterway navigation activities

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

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

At the proposal of the Minister of Transport;

The Government hereby promulgates the Decree prescribing the management of inland waterway navigation activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the management of inland waterway navigation activities, including: Investment in construction, operation, maintenance and protection of inland waterway infrastructures; safety, security and environmental protection in inland waterways, inland waterway ports or landing stages and anchorages; management of activities of foreign vessels, seagoing ships, seaplanes and watercraft in inland waterway ports or landing stages and anchorages; responsibilities for State governance over inland waterway navigation activities.

Article 2. Subjects of application

This Decree applies to organizations and individuals involved in inland waterway navigation activities in Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Inland waterway navigation infrastructures include inland waterway channels, channel protection corridors, inland waterway ports and landing stages, anchorages, ship locks, facilities used to help vessels pass dams or falls; navigation embankments and dams; inland waterway signaling systems and auxiliary facilities such as elevation markers, coordinate markers, boundary markers of channel protection corridors and stations; facilities, architectural materials, and equipment used directly for management and operation of inland waterway navigation.

2. Navigable channel means a water area limited by the system of inland waterway signals, where vessels can navigate smoothly and safely (hereinafter referred to as inland waterway channel).

3. Exclusive inland waterway ports and landing stages are inland waterway ports and landing stages that are solely used for loading and unloading raw materials, fuels, minerals, supplies and equipment in service of the production of the owners of such inland waterway ports and landing stages or the building, conversion, repair and restoration foreign vessels, seagoing ships and watercraft.

4. Cross-river passenger landing stages mean inland waterway land stages solely used for transportation of passengers and cargoes from one bank of a river, canal, ditch, lake, or lagoon to the other bank thereof. Each location of the landing stage in each bank is counted as one cross-river passenger landing stage.

5. Floating landing stages mean inland waterway landing stages using floating structures, floating jetties, and pontoons stably fixed in the water area where vessels can berth, load and unload cargoes, embark and disembark passengers, and provide other assistance services.

6. Anchorage means a water area outside the water area of an inland waterway port or landing stage, which consists of a system of mooring buoys, mooring bollards or self-mooring system for vessels, seagoing ships and seaplanes to berth and transship cargoes and passengers, or perform other activities in accordance with the regulations.

7. Owners of inland waterway ports, landing stages, and anchorages are organizations and individuals that own such inland waterway ports and landing stages, mooring buoys, and mooring bollards, and are assigned to use the land and water areas of such inland waterway ports, landing stages, and anchorages.

8. Operators of inland waterway ports, landing stages, and anchorages mean the owners of such inland waterway ports, landing stages, and anchorages directly operating the respective inland waterway ports, landing stages, and anchorages or organizations and individuals that lease such inland waterway ports, landing stages, and anchorages to operate or organizations and individuals authorized to manage and operate such inland waterway ports, landing stages, and anchorages.

9. Applicants for entry and clearance procedures for foreign vessels, seagoing ships, seaplanes and watercraft at inland waterway ports, landing stages, and anchorages mean the owners of such foreign vessels, seagoing ships, seaplanes and watercraft, crewmen, steersmen, seaplane operators or persons authorized to apply for procedures for arriving in and departing from inland waterway ports, landing stages, and anchorages (hereinafter referred to as the applicants).

10. Inland waterway vessel means a ship, boat or another floating structure, motorized or non-motorized, operating exclusively on inland waterways (hereinafter referred to as vessel).

11. Foreign watercraft means a watercraft carrying the flag of a foreign nationality.

Chapter II

MANAGEMENT OF INLAND WATERWAY NAVIGATION INFRASTRUCTURES

Section 1

GENERAL PROVISIONS ON MANAGEMENT OF INLAND WATERWAY NAVIGATION INFRASTRUCTURES

Article 4. Principles of investment in construction of inland waterway navigation infrastructures

1. Vietnamese and foreign organizations and individuals investing in construction of inland waterway navigation infrastructures must comply with this Decree, law regulations on investment, public investment, construction, land, minerals, environment and other relevant law regulations.

2. Investment in construction of inland waterway channels, inland waterway ports and landing stages (other than inland waterway landing stages in service of the main construction work), and anchorages must conform to the inland waterway navigation infrastructure master plans and other relevant master plans in accordance with the law regulations on planning. In the case where the investment projects to build inland waterway channels, inland waterway ports and landing stages, anchorages do not have, or are different from, any approved master plans, during the project preparation stage, the project owners must report such to the competent authorities for them to consider adjusting and supplementing the master plans in accordance with the law regulations on planning.

Article 5. Organization of management and maintenance of inland waterway navigation infrastructures

1. Organization of management

a) The Vietnam Inland Waterways Administration shall organize the management and maintenance of inland waterway navigation infrastructures under the management of the Ministry of Transport;

b) People’s Committees of provinces and centrally-run cities (hereinafter referred to as provincial-level People’s Committees) shall organize the management and maintenance of inland waterway navigation infrastructures under the management of the respective provincial-level People’s Committees;

c) Organizations and individuals investing in construction of inland waterway navigation infrastructures without using State capital shall decide to organize the management and maintenance of the facilities in accordance with this Decree and other relevant law regulations.

2. Maintenance of inland waterway navigation infrastructures

a) Inland waterway navigation infrastructure facilities shall be maintained to ensure their normal operation and safety;

b) The management and maintenance of inland waterway navigation infrastructure facilities covers: management; regular maintenance; regular or ad-hoc repair, fixing of damaged facilities; activities aimed at improving the existing condition of the facilities; addition or replacement of signals, parts and equipment attached to the facilities; compilation of dossiers to monitor facilities and obstructions; navigation safety assurance and other activities in accordance with relevant law regulations;

c) The Minister of Transport shall detail the management and maintenance of inland waterway navigation infrastructure facilities.

Article 6. Ensuring safety and security in inland waterway navigation activities

1. The safety and security of facilities and activities related to inland waterways must be ensured in accordance with this Decree and other relevant law regulations.

2. Responsibilities for ensuring safety and security in inland waterway navigation activities

a) Owners of inland waterway navigation infrastructure facilities; operators of inland waterway ports, landing stages, and anchorages; organizations and individuals involved in inland waterway navigation activities shall be responsible for ensuring and maintaining the safety and security of facilities and activities during the investment in construction, management and operation thereof in accordance with the law regulations;

b) People’s Committees at all levels, specialized agencies in charge of managing inland waterway navigation, relevant agencies and units shall be responsible for disseminating, and guiding the implementation of, regulations on assurance of safety and security of facilities and activities related to inland waterways, inland waterway ports, landing stages, and anchorages; inspecting and handling violations of regulations against the assurance of safety and security of inland waterways, inland waterway ports, landing stages, and anchorages in accordance with regulations.

Section 2

MANAGEMENT OF INVESTMENT IN CONSTRUCTION AND OPERATION OF INLAND WATERWAY CHANNELS

Article 7. Categorization and technical classification of inland waterway channels

1. Inland waterway channels are classified into three categories, including: National inland waterway channels (hereinafter referred to as national channels), local inland waterway channels (hereinafter referred to as local channels) and exclusive inland waterway channels (hereinafter referred to as exclusive channels).

2. National channel is any channel that either:

a) Passes through two or more provinces or centrally-run cities and plays an important role in service of the economy, national defense and security;

b) Is located within a province or centrally-run city but connects directly to either a coastal transport route or two national channels;

c) Crosses or runs along the border.

3. Local channel means any channel located within the geographical area of a province or centrally-run city, unless otherwise specified at Points b and c, Clause 2 of this Article.

4. Exclusive channel means any channel connecting the water area of an exclusive inland waterway port or landing stage with a national or local channel.

5. Inland waterway channels shall be technically classified by the Minister of Transport.

Article 8. Agreement on inland waterway channel construction specifications

1. Before approving an investment project to build an inland waterway channel, the project owner must agree on the technical specifications of the channel with the competent authority specified in Clause 2 of this Article.

2. Authority to agree

a) The Vietnam Inland Waterways Administration shall agree on technical specifications of national channels and exclusive channels connected to national channels;

b) The provincial-level Departments of Transport shall agree on technical specifications of local channels and exclusive channels connected to local channels.

3. Contents of the agreement

a) Conformity with the master plans;

b) Size and specifications.

4. Agreement dossier

a) A written application for agreement on inland waterway channel construction specifications, made using Form No. 01 provided in the Appendix to this Decree;

b) A photocopy of the written approval of the project investment policy of the competent authority (if any);

c) Preliminary design dossier of the inland waterway channel.

5. Agreement process

The project owner shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 2 of this Article for agreement on inland waterway channel construction specifications.

Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 2 of this Article shall issue a written agreement on inland waterway channel construction specifications to the project owner.

Article 9. Authority and procedures for announcing the opening of, and managing inland waterway channels

1. Before being put into operation, an inland waterway channel must have its opening announced by a competent authority.

2. Authority to announce the opening of channels

a) The Ministry of Transport shall decide to announce the opening of national channels and exclusive channels connected to national channels;

b) The provincial-level People’s Committees shall decide to announce the opening of local channels and exclusive channels connected to local channels.

3. Application dossier for announcement of channel opening

a) A written application for announcement of opening of an inland waterway channel, made using Form No. 02 provided in the Appendix to this Decree;

b) A final acceptance certificate of facilities to be put into use, as-built drawings of channel facilities, and inland waterway signaling system for the channel that is newly constructed under an investment project or the channel that is renovated or upgraded;

c) A status quo plan of the channel of which the announcement is requested, showing the landmarks, chainages, signal positions, existing facilities on the channel, for the channel under no construction investment project.

4. Process of announcing channel opening

a) For a national channel: The Vietnam Inland Waterways Administration shall compile and submit a dossier to the Ministry of Transport. Within 05 working days from the date of receiving the dossier in full, the Ministry of Transport shall issue a decision on announcement of channel opening;

b) For a local channel: The provincial-level Department of Transport shall compile and submit a dossier to the provincial-level People’s Committee. Within 05 working days from the date of receiving the dossier in full, the provincial-level People’s Committee shall issue a decision on announcement of channel opening;

c) For an exclusive channel connected to national channels: The organization or individual shall submit 01 dossier in person or in other suitable ways to the Vietnam Inland Waterways Administration. Within 05 working days from the date of receiving the dossier in full, the Vietnam Inland Waterways Administration shall appraise the dossier and, if all conditions are satisfied, make a report to the Ministry of Transport. Within 05 working days from the date of receiving the dossier and report from the Vietnam Inland Waterways Administration, the Ministry of Transport shall issue a decision on announcement of channel opening;

d) For an exclusive channel connected to local channels: The organization or individual shall submit 01 dossier in person or in other suitable ways to the provincial-level Department of Transport. Within 05 working days from the date of receiving the dossier in full, the provincial-level Department of Transport shall appraise the dossier and, if all conditions are satisfied, make a report to the provincial-level People’s Committee. Within 05 working days from the date of receiving the dossier and report from the provincial-level Department of Transport, the provincial-level People’s Committee shall issue a decision on announcement of channel opening;

dd) The decision on announcement of channel opening shall be made using Form No. 03 provided in the Appendix to this Decree.

5. In the case where an inland waterway channel is already included in the approved master plan and it is only necessary to survey the channel and set up signals for operation thereof, the Ministry of Transport shall assign the Vietnam Inland Waterways Administration and the provincial-level People’s Committee to assign the provincial-level Department of Transport to organize the channel survey and set up signals. After completing the channel survey and setting up the signals, the procedures for announcing the opening of the channel shall be carried out in accordance with this Decree. Funding for surveying the channel and setting up signals shall be covered by the State budget for recurrent expenditures in accordance with the decentralized fiscal responsibilities.

6. Management of inland waterway channels

a) The Vietnam Inland Waterways Administration shall organize the management of national channels;

b) The provincial-level People’s Committees shall direct the respective provincial-level Departments of Transport to organize the management of local channels;

c) Organizations and individuals owning exclusive channels shall organize the management of such exclusive channels.

7. Formulation and announcement of the list of inland waterway channels

a) The Vietnam Inland Waterways Administration shall make a list of national channels and exclusive channels connected to national channels and submit it to the Ministry of Transport for announcement;

b) The provincial-level Departments of Transport shall make a list of local channels and exclusive channels connected to the local channel and submit it to the respective provincial-level People’s Committee for announcement. The list of channels, after being announced, shall be sent to the Vietnam Inland Waterways Administration for summarization and monitoring;

c) Organizations and individuals owning exclusive channels shall be responsible for reporting data on technical specifications of exclusive channels to the Vietnam Inland Waterways Administration and the respective provincial-level Departments of Transport in service of the preparation and announcement of the list of exclusive inland waterway channels;

d) The list of inland waterway channels shall be updated, adjusted and announced every 3 years. The Vietnam Inland Waterways Administration shall summarize a list of inland waterway channels nationwide and post it on the website of the Vietnam Inland Waterways Administration.

Article 10. Conversion of inland waterway channels

1. Conditions for conversion of inland waterway channels

a) It conforms to the approved inland waterway navigation infrastructure master plans;

b) It satisfies the conditions for channels specified in Article 7 of this Decree.

2. Authority to convert inland waterway channels

a) The Ministry of Transport shall decide to convert local and exclusive channels into national channels, and national channels into local channels;

b) The provincial-level People’s Committees shall decide to convert exclusive channels into local channels, and local channels into exclusive channels.

3. Dossier for conversion of inland waterway channels

a) A written request, enclosed with the status quo report of the channel(s) of which the conversion is proposed, by the Vietnam Inland Waterways Administration (for national channels) and the provincial-level Department of Transport (for local channels);

b) A written request of the provincial-level People’s Committee (in case of converting local channels into national channels or vice versa)

4. In the case where a local channel is converted into a national channel or vice versa: the Vietnam Inland Waterways Administration shall assume the prime responsibility for, and coordinate with the provincial-level Department of Transport in, compiling a dossier and reporting it to the respective provincial-level People’s Committee and the Ministry of Transport. Within 05 working days from the date of receiving the dossier as specified herein in full, the provincial-level People’s Committee shall send a written request to the Ministry of Transport. Within 10 working days from the date of receiving the written request from the provincial-level People’s Committee, the Ministry of Transport shall issue a decision on announcement of channel conversion.

5. In the case where an exclusive channel is converted into a national channel: The Vietnam Inland Waterways Administration shall assume the prime responsibility for, and coordinate with the organization or individual owning the exclusive channel in, compiling a dossier and submit it to the Ministry of Transport. Within 10 working days from the date of receiving the dossier as specified herein in full, the Ministry of Transport shall issue a decision on announcement of channel conversion.

6. In the case where an exclusive channel is converted into a local channel, or vice versa: the provincial-level Department of Transport shall assume the prime responsibility for, and coordinate with the organization or individual owning the exclusive channel in, compiling a dossier and submit it to the provincial-level People’s Committee. Within 10 working days from the date of receiving the dossier as specified herein in full, the provincial-level People’s Committee shall issue a decision on announcement of channel conversion.

7. When the decision on announcement of channel conversion is issued, the Ministry of Transport and the provincial-level People’s Committee shall coordinate with the Ministry of Finance in transferring property in accordance with the law regulations on management and use of public property. After receiving a decision on the transfer of property by a competent authority, the authority or unit receiving the property shall manage, use and operate it in accordance with regulations.

8. In the case where an exclusive channel is converted into a national or local channel, a part of the investment capital (if any) is considered to be returned to the organization or individual owning such exclusive channel in accordance with the law regulations and the Ministry of Finance’s guidelines.

Article 11. Announcement of closure of inland waterway channels

1. An inland waterway channel is considered to be announced closed in the following cases:

a) The safety of navigation operation is not ensured;

b) It must be closed due to national defense and security reasons;

c) There is no longer any need for operation and use thereof.

2. Authority to announce the closure of inland waterway channels

The authority deciding on announcement of channel opening specified in Clause 2, Article 9 of this Decree is also the one competent to decide on announcement of channel closure.

3. Dossier for channel closure

a) In the case specified at Point a, Clause 1 of this Article, there must be a written record of checking the status quo of the channel by the Vietnam Inland Waterways Administration (for national channels), or the provincial-level Department of Transport (for local channels); or a written record of checking the status quo of the channel between the Vietnam Inland Waterways Administration and the organization or individual owning an exclusive channel connected to the national channel or between the provincial-level Department of Transport and the organization or individual owning an exclusive channel connected to the local channel. Such written record must include conclusions on the condition of the channel which is not safe for operation;

b) A written request of the Ministry of National Defence or the Ministry of Public Security requesting the closure of the channel, in the case specified at Point b, Clause 1 of this Article;

a) A written application for announcement of closure of an inland waterway channel made using Form No. 04 provided in the Appendix to this Decree, in the case specified at Point c, Clause 1 of this Article;

d) The plan for recovery of inland waterway signals made by the authority, organization or individual managing the channel.

4. Procedures for closing national and local channels

a) In case of closing any channel as specified at Point a, Clause 1 of this Article: After checking, if the safety for navigation operation cannot be ensured, the Vietnam Inland Waterways Administration or the provincial-level Department of Transport shall send a written notice of suspension of navigation operation to the unit directly managing the channel and post it on the mass media, and at the same time compile a dossier requesting the announcement of channel closure and send it to the competent authority to close the channel;

b) In case of closing any channel as specified at Point b, Clause 1 of this Article, the Ministry of National Defence or the Ministry of Public Security requesting channel closure must send a written notice explicitly stating the reasons for channel closure and the time of channel closure to the Vietnam Inland Waterways Administration or the provincial-level Department of Transport. The notice period must be at least 30 days before the request for channel closure. Within 05 working days from the date of receiving the notice from the Ministry of National Defence or the Ministry of Public Security, the Vietnam Inland Waterways Administration shall report to the Ministry of Transport or the provincial-level Department of Transport shall report to the respective provincial-level People’s Committee;

c) In case of closing any channel as specified at Point c, Clause 1 of this Article, the Vietnam Inland Waterways Administration (for national channels) or the provincial-level Department of Transport (for local channels) shall compile and send a dossier requesting channel closure to the Ministry of Transport or the respective provincial-level People’s Committee, and organize the recovery of inland waterway signals within 60 days from the effective date of the decision on channel closure;

d) Within 10 working days from the date of receiving the dossier as specified herein in full, the Ministry of Transport or the provincial-level People’s Committee shall issue a decision on announcement of channel closure under the respective management.

5. Procedures for closing exclusive channels

a) In the case specified at Point a, Clause 1 of this Article, the Vietnam Inland Waterways Administration and the provincial-level Department of Transport must request the organization or individual owning the exclusive channel to suspend its navigation operation and report to the Ministry of Transport or the provincial-level People’s Committee;

b) In the case specified at Point b, Clause 1 of this Article, the Ministry of National Defence or the Ministry of Public Security requesting channel closure must send a written notice explicitly stating the reasons for and the time of channel closure to the organization or individual owning the exclusive channel, the Vietnam Inland Waterways Administration, or the provincial-level Department of Transport and the Ministry of Transport or the provincial-level People's Committee. The notice period must be at least 30 days before the request for channel closure;

c) In the case specified at Point c, Clause 1 of this Article, the organization or individual owning the exclusive channel shall submit 01 dossier in person or in other suitable ways to the Vietnam Inland Waterways Administration (for national channels and exclusive channels connected to national channels) or the provincial-level Department of Transport (for local channels and exclusive channels connected to local channels);

d) Within 10 working days from the date of receiving the dossier as specified herein in full, the Vietnam Inland Waterways Administration shall appraise the dossier and, if all conditions are satisfied, report it to the Ministry of Transport; or the provincial-level Department of Transport shall appraise the dossier and, if all conditions are satisfied, report it to the provincial-level People’s Committee. Within 10 working days from the date of receiving the dossier and report in full from the Vietnam Inland Waterways Administration or the provincial-level Department of Transport, the Ministry of Transport or the provincial People’s Committee shall issue a decision on announcement of channel closure under the respective management;

dd) The organization or individual owning the exclusive channel shall be responsible for recovering inland waterway signals within 60 days from the effective date of the decision on channel closure.

6. The decision on announcement of channel closure shall be made using Form No. 05 provided in the Appendix to this Decree and must be sent to relevant authorities, organizations and individuals within 2 days from the date of its signing.

7. Funding for closing national and local channels shall be covered by the State budget for recurrent expenditures in accordance with the decentralized fiscal responsibilities.

8. Relevant costs incurred in closing exclusive channels shall be borne by the organizations and individuals owning such exclusive channels, unless the channels are closed in accordance with Point b, Clause 1 of this Article where such costs shall be borne by the authority requesting the channel closure.

Article 12. Survey of inland waterway channels

1. Inland waterway channels in operation must be surveyed on a regular, periodical and ad-hoc basis.

2. Responsibilities for conducting surveys and drawing plans

a) The Vietnam Inland Waterways Administration, the provincial-level Departments of Transport, organizations and individuals owning exclusive channels shall conduct surveys, draw and digitize plans (if any), make, maintain and provide survey database and plans in service of the management, announcement and operation of the channels;

b) Organizations and individuals that conduct channel surveys must provide survey results to the authority specified in Clause 4, Article 13 of this Decree for notification of the channels, and take accountability for the data and information they have provided.

3. Funding for surveying and mapping inland waterway channels

a) Funding for survey in service of management and notification of national and local channels as specified in this Decree shall be covered by the State budget for recurrent expenditures in accordance with the decentralized fiscal responsibilities;

b) Organizations and individuals managing exclusive channels shall allocate funding for survey in service of channel management and notification in accordance with this Decree.

4. The Ministry of Transport shall detail the survey of inland waterway channels.

Article 13. Notice of inland waterway channels

1. Notice of any inland waterway channel means a document issued and announced by the authority or organization specified in Clause 4 of this Article based on the survey results in service of the management and provision of information and instructions for crewmen, steersmen, and related organizations and individuals with the purpose of ensuring navigation safety.

2. Contents of a channel notice

a) For the first-time channel notices before the channels are put into operation: name, length, coordinates of start point and end point of the channel, points to locate the channel; technical classification; shoals along the channel, names of obstructions and cross-river facilities on the channel;

b) For periodical channel notices: name, length, start point, end point, centerline coordinates, width, depth, and radius of curvature of the channel, technical classification; representative elevation of the shoal(s) along the channel, names, coordinates, and elevations of obstructions and cross-river facilities on the channel that do not guarantee of which the waterway sizes are not ensured in accordance with the technical classification, water level at the time of survey, and some other noteworthy issues;

c) For regular channel notices: name; width and depth of the channel in the area where shoals and obstructions are located along the channel; water level at the time of survey; other necessary warnings;

d) For ad-hoc channel notices: channel name; description of the ad-hoc incident; location (coordinates, chainage, depth, vertical clearance) of the ad-hoc incident; width and depth of the channel in the area where the ad-hoc incident occurs; water level at the time of survey, and the impact of ad-hoc incident on navigation activities; other necessary warnings.

3. Forms of a channel notice

Notice of any inland waterway channel shall be made in writing; posted on the website and updated onto the database and digital plans of channels and routes (if any) of the notifying authority specified in Clause 4 of this Article or popularized on the mass media.

4. Responsibilities for notification

a) The Vietnam Inland Waterways Administration shall issue the first-time notices of national channels and exclusive channels connected to national channels;

b) The regional Inland Waterways Administration Branches shall issue periodical, regular and ad-hoc notices of national channels and exclusive channels connected to national channels;

c) The provincial-level Departments of Transport shall issue first-time, periodical, regular and ad-hoc notices of local channels and exclusive channels connected to local channels;

d) When any ad-hoc incident occurs on the channel and affects navigation safety, the unit directly managing and maintaining the channel must promptly notify by signals or sound signals directly in the area where the incident occurs, and report it to the Vietnam Inland Waterways Administration, or the respective regional Inland Waterways Administration Branch or provincial-level Department of Transport.

5. Notice period for national and local channels: Within 02 working days from the date of receiving the report on survey results, the authority specified in Clause 4 of this Article shall check the data and issue the inland waterway channel notice using Form No. 06, Form No. 07, and Form No. 08 provided in the Appendix to this Decree;

6. Notice period for exclusive channels: The organization or individual owning the exclusive channel shall submit a dossier requesting the announcement of the channel notice made using Form No. 09 provided in the Appendix to this Decree to the authority specified in Clause 4 of this Article. Within 03 working days from the date of receiving the report from the organizations or individual owning the exclusive channel, the notifying authority shall check the data and issue the inland waterway channel notice.

Section 3

MANAGEMENT OF INVESTMENT IN CONSTRUCTION AND ACTIVITIES OF INLAND WATERWAY PORTS, LANDING STAGES, AND ANCHORAGES

Article 14. General regulations on investment in construction and activities of inland waterway ports, landing stages, and anchorages

1. Investment in construction of inland waterway ports, landing stages, and anchorages must comply with the law regulations on construction investment and this Decree.

2. Water areas of inland waterway ports, landing stages, and anchorages must not overlap inland waterway channels. The length of the water areas of inland waterway ports and landing stages must not exceed the land area adjacent to rivers, canals, and ditches allocated by competent authorities for construction of inland waterway ports and landing stages.

3. The operation of inland waterways ports, landing stages, and anchorages must be announced by competent authorities in accordance with the regulations before they are put into operation and use. During the operation of inland waterway ports, landing stages, and anchorages, the project owners and operators must adhere to and comply with the law regulations on inland waterway navigation, other relevant laws, and the contents of their operation announcement decisions. The technical safety of cargo loading and unloading machinery and equipment, and mooring equipment in service of the operation of inland waterway ports, landing stages, and anchorages must be ensured in accordance with regulations.

4. Inland waterway ports, landing stages, and anchorages where dangerous cargoes are loaded, unloaded, or transshipped must comply with the law regulations on preservation and transportation of dangerous cargoes.

5. Owners of inland waterway ports, landing stages, and anchorages whose operation durations stated in the announcement decisions have expired and are not extended must decommission the facilities and equipment affecting navigation safety, sweeping and clearing obstructions in water areas of inland waterway ports, landing stages, and anchorages (if any) within 60 days from the date the operation durations have expired. The authorities competent to announce the operation of the inland waterway ports, landing stages, and anchorages shall coordinate with the People’s Committees of communes, wards and townships (hereinafter referred to as commune-level People’s Committees) to supervise the decommissioning of inland waterway ports and landing stages, and the clearance of obstructions in water areas of inland waterway ports, landing stages, and anchorages.

6. The regulations on management of investment in construction, operation of inland waterway ports, landing stages, and anchorages in this Decree do not apply to inland waterway ports, landing stages, and anchorages used for the purposes of national defense and security.

Article 15. Agreement on inland waterway port or landing stage construction specifications

1. Contents of the agreement

a) Location for construction of the inland waterway port or landing stage;

b) Uses of the inland waterway port or landing stage;

c) Construction size of the inland waterway port or landing stage.

2. Authority to agree

a) The Ministry of Transport shall agree on construction specifications for inland waterway ports receiving foreign watercraft;

b) The Vietnam Inland Waterways Administration shall agree on construction specifications for inland waterway ports on national inland waterways or exclusive inland waterways connected to national inland waterways, inland waterway ports in water and land areas on both national and local inland waterways, inland waterway ports in seaport water areas connected to national inland waterways, unless otherwise specified at Point a of this Clause, and other cases decided by the Ministry of Transport;

c) The provincial-level Departments of Transport shall agree on construction specifications for inland waterway ports on local inland waterways or exclusive inland waterways connected to local inland waterways, inland waterway ports in seaport waters connected to local inland waterways, and inland waterway ports 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;

3. A dossier of Agreement on inland waterway port construction specifications consists of:

a) A written application for agreement on inland waterway port construction specifications, made using Form No. 10 provided in the Appendix to this Decree;

b) Project dossier;

c) A photocopy of the written approval of the project investment policy of the competent authority (if any);

d) Plan of the location where the inland waterway port will be constructed, which shall show the place name, location of the port, warehouse, yard, water area, chainage (km) of the river, canal, or ditch; land area; adjacent structures (if any). The drawing of the water area must show the minimum width from the edge of the bank to the end of the channel’s width. The plan shall be made based on the National Coordinate Reference System VN2000 and the Vietnam State elevations at the scale from 1/500 to 1/1000.

4. A dossier of Agreement on inland waterway landing stage construction specifications consists of:

a) A written application for agreement on inland waterway landing stage construction specifications, made using Form No. 10 provided in the Appendix to this Decree;

b) A photocopy of the written approval of the project investment policy of the competent authority (if any);

c) Site layout of the location where the inland waterway landing page is expected to be constructed, which shall show the place name, location of the landing stage, land area, water area in front of the lading stage, chainage (km) of the river, canal, or ditch, and adjacent structures (if any).

5. Agreement process

a) Inland waterway ports receiving foreign watercraft

The project owner shall submit 02 dossiers in person or in other suitable ways to the Vietnam Inland Waterways Administration (for inland waterway ports specified at Point b, Clause 2 of this Article) or the provincial-level Department of Transport (for inland waterway ports specified at Point c, Clause 2 of this Article) for appraisal. Within 05 working days from the date of receiving the dossiers as specified herein in full, the Vietnam Inland Waterways Administration or the provincial-level Department of Transport shall appraise them and, if all conditions are satisfied, send a report on appraisal results and 01 dossier thereof to the Ministry of Transport.

Within 05 working days from the date of receiving the report on appraisal results from the Vietnam Inland Waterways Administration or the provincial-level Department of Transport, the Ministry of Transport shall consult the Ministry of National Defence, the Ministry of Public Security, and the provincial-level People’s Committee on assurance of national defense and security for the construction of the inland waterway port. Within 05 working days from the date of receiving the written request of the Ministry of Transport, the Ministry of National Defence, the Ministry of Public Security, and the provincial-level People’s Committee shall give their opinions in writing to the Ministry of Transport. Within 05 working days from the date of receiving the written agreement of the Ministry of National Defence or the Ministry of Public Security and the provincial-level People’s Committee, the Ministry of Transport shall issue a written agreement on construction specifications and send it to the project owner;

b) Inland waterway ports not receiving foreign watercraft

The project owner shall submit 01 dossier in person or in other suitable ways to the Vietnam Inland Waterways Administration or the provincial-level Department of Transport. 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 send a written agreement on construction specifications to the project owner;

c) Inland waterway landing stages

The project owner shall submit 01 dossier in person or in other suitable ways to the provincial-level Department of Transport. For any inland waterway landing stage on national inland waterways or exclusive inland waterways connected to national inland waterways, before issuing a written agreement, the provincial-level Department of Transport shall consult the regional Inland Waterways Administration Branch. Within 05 working days from the date of receiving the written request from the provincial-level Department of Transport, the regional Inland Waterways Administration Branch shall reply in writing. Within 05 working days from the date of receiving the written reply from the regional Inland Waterways Administration Branch, the provincial-level Department of Transport shall send a written agreement on construction specifications to the project owner;

d) For inland waterway ports and landing stages located in seaport waters, before appraisal and agreement on construction specifications, the Vietnam Inland Waterways Administration or the provincial-level Departments of Transport 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.

6. The term of the written agreement on inland waterway port or landing stage construction specifications shall not exceed 24 months from the date of its signing. After the expiry date of the written agreement, if the project owner has not yet commenced construction and wishes to continue constructing the inland waterway port or landing stage, he/she/it shall re-initiate the procedures for agreement on inland waterway port or landing stage construction specifications as specified in this Article.

Article 16. Agreement on construction specifications for cross-river passenger landing stages and inland waterway landing stages in service of the main construction work

1. Contents of the agreement

a) Location for construction of the landing stage;

b) Uses of the landing stage;

c) Construction size of the landing stage.

2. Authority to agree

The provincial-level Departments of Transport shall agree on construction specifications for cross-river passenger landing stages and inland waterway landing stages in service of the main construction work in the provinces and centrally-run cities. Based on actual conditions, the provincial-level Departments of Transport may request the provincial-level People’s Committees to delegate authority to the People’s Committees of provincial cities, towns, districts (hereinafter referred to as district level) to agree on the construction of cross-river passenger landing stages and inland waterway landing stages in service of the main construction work in the localities under their respective management.

3. Agreement dossier

a) A written application for inland waterway channel construction agreement, made using Form No. 10 provided in the Appendix to this Decree;

b) The site plan of the location where the inland waterway landing page is expected to be constructed, which shall show the place name, locations of the adjacent structures, land area, water area in front of the lading stage, chainage (km) of the river, canal, or ditch.

4. Agreement process

The project owner shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 2 of this Article. Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 2 of this Article shall issue and send a written agreement on landing stage construction specifications to the project owner.

5. The term of the written agreement shall not be more than 24 months, for cross-river passenger landing stages, or 03 months, for inland waterway landing stages in service of the main construction work. After the expiry date of the written agreement, if the project owner has not yet commenced construction of the landing stage and wishes to continue constructing the landing stage, he/she/it shall re-initiate the procedures for landing stage construction agreement as specified in this Article.

6. In the case where a cross-river passenger landing stage has landing place(s) in other province(s) or centrally-run city/centrally-run cities, before agreeing on the construction of the landing stage, the competent authority specified in Clause 2 of this Article must reach agreement with the locality/localities where the landing place(s) is located.

Article 17. Naming, renaming inland waterway ports, landing stages, and anchorages

1. Inland waterway ports, landing stages, and anchorages must be named following the principles below:

a) Inland waterway ports, landing stages, and anchorages are named in the preparation period of their construction investment projects or when they are announced to be put into use;

b) Inland waterway ports, landing stages, and anchorages in a provincial-level locality shall not have identical names, or names that may cause confusion with announced names of other inland waterway ports, landing stages, and anchorages, or are inconsistent with the uses of the respective inland waterway ports, landing stages, and anchorages;

c) Inland waterway ports, landing stages, and anchorages shall not be (partially) named after State authorities, units of armed forces, political organizations, and socio-political organizations unless otherwise agreed by such authorities, units, and organizations;

d) Words and symbols that infringe upon the historical, cultural, moral traditions and fine customs of the country shall not be contained in the names of inland waterway ports, landing stages, and anchorages;

dd) Inland waterway ports and landing stages shall have Vietnamese names, which may be accompanied by their English translations, starting with the phrase “Cảng thủy nội địa” (Inland waterway port) or “Bến thủy nội địa” (Inland waterway landing stage) or “Khu neo đậu” (Anchorage) followed by the proper names of the inland waterway ports, landing stages, or anchorages.

2. When an inland waterway port, landing stage, or anchorage needs to be renamed, the owner of such inland waterway port, landing stage, or anchorage shall submit a written application made using Form No. 11 provided in the Appendix to this Decree to the competent authority specified in Clause 2, Article 15 of this Decree. Within 05 working days from the date of receiving the request of the owner of the inland waterway port, landing stage, or anchorage, the competent authority specified in Clause 2, Article 15 of this Decree shall issue a written approval of the renaming of such inland waterway port, landing stage, or anchorage.

Article 18. Announcement of operation of inland waterway ports and landing stages

1. Authority to announce the operation

The authority that agrees on inland waterway port or landing stage construction specifications specified in Clause 2, Article 15 of this Decree is also the one competent to announce the operation of such inland waterway port or landing stage.

2. Dossier for announcement of operation of an inland waterway port

a) A written application for announcement of operation of the inland waterway port, made using Form No. 12 provided in the Appendix to this Decree;

b) A certified true copy or a photocopy, enclosed with the original for comparison, of the competent authority’s written approval of the investment project on construction of the inland waterway port;

c) A certified true copy or a photocopy, enclosed with the original for comparison, of the document on land use for construction of the inland waterway port granted by the competent authority;

d) A copy of the decision approving the project or the technical design of the inland waterway port;

dd) A final acceptance certificate of facilities to be put into use; as-built site plan, elevation and section drawings of the inland waterway port;

e) An acceptance certificate of obstruction scanning in the water area of the port; written certification of setting up signals at the port;

g) A photocopy of the technical safety and environmental protection certificate of the pontoons or mooring buoy subject to registration (if the pontoons are used for the wharves);

h) An acceptance certificate of fire safety issued by a competent authority in accordance with regulations;

i) A photocopy of the certificate of conformity to security regulations of the inland waterway port receiving foreign watercraft (for the inland waterway port receiving foreign watercraft);

k) A photocopy of the competent authority’s decision on announcement of exclusive channel opening (if any) for the inland waterway port that has an exclusive channel.

3. Dossier for announcement of operation of an inland waterway landing stage

a) A written application for announcement of operation of the inland waterway landing stage, made using Form No. 12 provided in the Appendix to this Decree;

b) A certified true copy of the competent authority’s decision approving the investment project on construction of the inland waterway landing stage, or a photocopy, enclosed with the original for comparison, for the inland waterway landing stage under a construction investment project;

c) A certified true copy of the document on land use for construction of the inland waterway landing stage, or a photocopy enclosed with the original for comparison, unless it is a floating landing stage;

d) A certified true copy of the project owner’s decision approving the economic-technical report (for the inland waterway landing stage under a construction investment project) or the plan for operation of the inland waterway landing stage;

dd) A final acceptance certificate of facilities, as-built site plan, elevation and section drawings of the inland waterway landing stage under a construction investment project;

e) A photocopy of the technical safety and environmental protection certificate of the floating structures, floating jetties, pontoons or mooring buoys subject to registration (if such floating structures, floating jetties, or pontoons are used for the dock or floating landing stage).

4. Announcement process

a) Before putting an inland waterway port or landing stage into operation, the owner of such inland waterway port or landing stage shall submit, in person or in other suitable ways, 01 dossier to the Vietnam Inland Waterways Administration (for inland waterway ports receiving foreign watercraft on national inland waterways or exclusive inland waterways connected to national inland waterways, and inland waterway ports specified at Point b, Clause 2, Article 15 of this Decree), or the provincial-level Department of Transport (for inland waterway ports receiving foreign watercraft on local inland waterways or exclusive inland waterways connected to local inland waterways, and inland waterway ports and landing stages specified at Point c, Clause 2, Article 15 of this Decree) requesting the announcement of operation thereof;

b) For any inland waterway port receiving foreign watercraft: 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 appraise it and, if all conditions are satisfied, report to the Ministry of Transport. Within 05 working days from the date of receiving the dossier and appraisal report in full, the Ministry of Transport shall issue a decision on announcement of operation of the inland waterway port;

c) For any inland waterway port not receiving foreign watercraft: 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;

d) For any inland waterway landing stage: Within 05 working days from the date of receiving the dossier as specified herein in full, the provincial-level Department of Transport shall issue a decision on announcement of operation of the inland waterway landing stage.

5. The decision on announcement of operation of an inland waterway port or landing stage shall be made using Form No. 13 provided in the Appendix to this Decree.

6. A decision on announcement of operation of an inland waterway port or landing stage shall have its effective period as requested by the owner of such inland waterway port or landing stage, which must not exceed the term of land use for construction of such inland waterway port or landing stage nor exceed the operation duration of the project stated in the investment certificate granted by the competent authority.

7. In the case where the construction of any wharf/wharves of an inland waterway port has been completed and the project owner wishes to operate it/them immediately, the project owner must compile and send a dossier as specified in Clause 2 of this Article to the competent authority requesting announcement of temporary operation thereof. The effective period of the decision on announcement of temporary operation of the wharf/wharves shall not exceed 01 year. This regulation does not apply to inland waterway ports receiving foreign watercraft.

8. Announcement of operation of an inland waterway port receiving foreign watercraft if the port has been already announced.

a) In the case where the port’s owner needs to receive foreign watercraft to an inland waterway port which has been already announced, the port’s owner shall send a written report to the Ministry of Transport. The Ministry of Transport shall consult the Ministry of National Defence, the Ministry of Public Security and the provincial-level People’s Committee on assurance of national defense and security for such inland waterway port in accordance with Point a, Clause 5, Article 15 of this Decree. Within 02 working days from the date of receiving the written agreement of the Ministry of National Defence, the Ministry of Public Security, and the provincial-level People’s Committee, the Ministry of Transport shall issue a written approval for the inland waterway port of the owner to receive foreign watercraft;

b) The port’s owner shall send the dossier for inland waterway port announcement as specified at Points a and i, Clause 2 of this Article to the Ministry of Transport. Within 05 working days from the date of receiving the dossier from the port’s owner, the Ministry of Transport shall issue a decision on announcement of operation of the inland waterway port receiving foreign watercraft.

9. Announcement of operation of an inland waterway port no longer receiving foreign watercraft

a) In the case where an inland waterway port receiving foreign watercraft has been announced but the port’s owner no longer needs to receive foreign watercraft, the port’s owner shall send a written request (explicitly stating the reasons therefor) to the Ministry of Transport. Within 05 working days from the date of receiving the written request of the port’s owner, the Ministry of Transport shall send a written approval to the port’s owner;

b) The port’s owner shall send a written application for inland waterway port announcement as specified at Point a, Clause 2 of this Article to the Vietnam Inland Waterways Administration or the provincial-level Department of Transport. Within 05 working days from the date of receiving the written application from the port’s owner, the Vietnam Inland Waterways Administration or the provincial-level Department of Transport shall issue and send the decision on announcement of operation of the inland waterway port no longer receiving foreign watercraft to the port’s owner and at the same time to the Ministry of National Defence, the Ministry of Public Security, and the provincial-level People’s Committee for monitoring.

10. The authority announcing the inland waterway port or landing stage shall send the announcement decision to the project owner, the Inland Waterway Port Authority (hereinafter referred to as the Port Authority), the Maritime Administration (for an inland waterway port or landing stage located within the water area of a seaport), the commune-level People’s Committee of the locality where the inland waterway port or landing stage is located, and relevant organizations and individuals within 02 working days from the date of signing the decision; update information about the announced inland waterway port or landing stage onto the database of inland waterway ports and landing stages of the Vietnam Inland Waterways Administration.

Article 19. Announcement of operation of cross-river passenger landing stages and inland waterway landing stages in service of the main construction work

1. Authority to announce the operation

The authority that agrees on construction of the cross-river passenger landing stage or the inland waterway landing stage in service of the main construction work specified in Clause 2, Article 16 of this Decree is also the one competent to announce the operation of such cross-river passenger landing stage or inland waterway landing stage in service of the main construction work.

2. Dossier for announcement of operation

a) A written application for announcement of operation, made using Form No. 12 provided in the Appendix to this Decree;

b) The technical design dossier, a final acceptance certificate of the facilities (if any), a certified true copy of the document on land use for construction of the landing stage (for cross-river passenger landing stages); a photocopy of the technical safety and environmental protection certificate of floating structures, floating jetties, pontoons or mooring buoys subject to registration (if such floating structures, floating jetties, or pontoons are used for the landing stage);

3. Announcement process

a) Before putting the cross-river passenger landing stage or the inland waterway landing stage in service of the main construction work into operation, the landing stage's owner shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 2, Article 16 of this Decree requesting the announcement of operation thereof;

b) Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 2, Article 16 of this Decree shall issue a decision on announcement of operation of the cross-river passenger landing stage or the inland waterway landing stage in service of the main construction work;

c) The decision on announcement of operation of the cross-river passenger landing stage or the inland waterway landing stage in service of the main construction work shall be made using Form No. 13 provided in the Appendix to this Decree.

4. Effective period of the decision on announcement of operation

a) A decision on announcement of operation of a cross-river passenger landing stage shall have its effective period as requested by such landing stage's owner, which must not exceed the term of land use for construction of such landing stage granted by the competent authority;

b) A decision on announcement of operation of an inland waterway landing stage in service of the main construction work shall have its effective period as requested by such landing stage's owner, which must not exceed the duration of the main construction work.

5. The authority announcing the cross-river passenger landing stage or the inland waterway landing stage in service of the main construction work shall send the announcement decision to the project owner, the Port Authority, the commune-level People’s Committee of the locality where the landing stage is located, and relevant organizations and individuals within 02 working days from the date of signing the decision; update information about the announced cross-river passenger landing stage onto the database of inland waterway ports and landing stages of the Vietnam Inland Waterways Administration.

Article 20. Re-announcement and extension of operation of inland waterway ports and landing stages

1. The operation of an inland waterway port or landing stage must be re-announced in the following cases:

a) The size and uses of the inland waterway port or landing stage have been changed;

b) The land and water areas of the inland waterway port or landing stage have been changed;

c) The owner of the inland waterway port or landing stage has been changed.

2. Authority to re-announce or extend the operation of an inland waterway port or landing stage

The authority that announces the operation of an inland waterway port or landing stage specified in Clause 1, Article 18 and Clause 1, Article 19 of this Decree is also the one competent to re-announce or extend the operation of such inland waterway port or landing stage.

3. Dossier for re-announcement of operation

a) A written application for re-announcement of operation of the inland waterway port or landing stage, made using Form No. 14 provided in the Appendix to this Decree;

b) Documents specified at Points d, dd, e, g, h, Clause 2, Article 18 of this Decree for the structural part of the inland waterway port that has been changed;

c) Documents specified at Points d, dd, e, Clause 3, Article 18 of this Decree for the structural part of the inland waterway landing stage that has been changed;

d) A certified true copy or a photocopy, enclosed with the original for comparison, of the competent authority’s document regarding the change of land or water area (in the case specified at Point b, Clause 1 of this Article);

dd) A certified true copy or a photocopy, enclosed with the original for comparison, of the documentary proof of the change of the port or landing stage’s owner (in the case specified at Point c, Clause 1 of this Article).

4. Process for re-announcement of operation

a) The operator of the port or landing stage shall submit 01 dossier in person or in other suitable ways to the Vietnam Inland Waterways Administration or the provincial-level Departments of Transport;

b) For any inland waterway port not receiving foreign watercraft or the inland waterway landing stage, 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 re-announcement of operation of the inland waterway port or landing stage;

c) For any inland waterway port receiving foreign watercraft, 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 appraise it and, if all conditions are satisfied, report to the Ministry of Transport. Within 05 working days from the date of receiving the dossier as specified herein in full and the appraisal report, the Ministry of Transport shall issue a decision on re-announcement of operation of the inland waterway port;

d) In the case where the owner of the inland waterway port or landing stage is changed, the new owner of such inland waterway port or landing stage must request re-announcement of operation thereof within 10 working days from the date of taking over the inland waterway port or landing stage.

5. The decision on re-announcement of operation of an inland waterway port or landing stage shall be made using Form No. 13 provided in the Appendix to this Decree, and only stated the contents that have been changed.

6. Extension of the operation of an inland waterway port or landing stage

a) Upon the expiration of the operation duration stated in the decision on announcement, if the owner of the inland waterway port or landing stage wishes to continue operating it and is granted an extension of the land use term by the competent authority, the extension of operation shall be considered;

b) A dossier for extension of the operation consists of a written application for extension of operation of an inland waterway port or landing stage; documents related to the land for construction of such inland waterway port or landing stage, of which the land use term is extended by the competent authority;

c) The owner of the inland waterway port or landing stage shall submit 01 dossier in person or in other suitable ways to the authority announcing the operation of such inland waterway port or landing stage. Within 05 working days from the date of receiving the dossier as specified herein in full, the authority competent to announce the operation of the inland waterway port or landing stage shall issue a written extension of the operation of such inland waterway port or landing stage.

7. The authority re-announcing or extending the operation of the inland waterway port or landing stage shall send the decision on re-announcement or the written extension of operation of the inland waterway port or landing stage to the operator of such port or landing stage, the Port Authority, the commune-level People’s Committee of the locality where the inland waterway port or landing stage is located, and relevant organizations and individuals within 02 working days from the date of signing the decision; update information about the announced inland waterway port or landing stage onto the database of inland waterway ports and landing stages of the Vietnam Inland Waterways Administration.

Article 21. Quality inspection of inland waterway ports

1. The port’s owner or operator shall be responsible for inspecting the quality of the facilities. Details and procedures for quality inspection of inland waterway ports shall comply with the law regulations on quality management and maintenance of construction facilities.

2. The Vietnam Inland Waterways Administration and the provincial-level Departments of Transport shall inspect the observance of regulations on quality control of inland waterway ports by operators under their management.

Article 22. Repairing and dredging in water areas, renovation and upgrading of inland waterway ports and landing stages

1. Inland waterway ports and landing stages shall be renovated and upgraded to change their sizes and uses compared with the decisions on announcement in accordance with the approved master plans.

2. Before renovating or upgrading an inland waterway port or landing stage, the owner thereof shall send a written request in person or in other suitable ways to the competent authority specified in Clause 2, Article 15 and Clause 2, Article 16 of this Decree to obtain the latter’s opinions on the renovation or upgrading of such inland waterway port or landing stage. The written request must explicitly state the proposed size of the renovation or upgrading; duration of the renovation or upgrading; impacts of the renovation or upgrading on the operations of vessels in the water area, cargo loading and unloading machinery and equipment, and passenger and cargo transport activities; adjacent structures.

Within 05 days from the date of receiving the written request from the owner of the inland waterway port or landing stage, the competent authority specified in Clause 2, Article 15 and Clause 2, Article 16 of this Decree shall give its written opinions on the renovation and upgrading of such inland waterway port or landing stage.

3. The renovation and upgrading of inland waterway ports and landing stages shall comply with the law regulations on construction. Before repairing, renovating, or upgrading an inland waterway port or landing stage, or dredging the water area, the owner or operator of such inland waterway port or landing stage must send a notice (explicitly stating the name of the inland waterway port or landing stage; the duration and scope of repair, renovation, upgrading, or dredging) to the Port Authority.

Article 23. Upgrading an inland waterway landing stage into an inland waterway port

1. An inland waterway landing stage may be upgraded into an inland waterway port if the following conditions are satisfied:

a) The operation of such inland waterway landing stage has been announced;

b) It conforms to the master plan approved by the competent authority.

2. Before upgrading an inland waterway landing stage into an inland waterway port, the owner of such inland waterway landing stage shall send a written request in person or in other suitable ways to the competent authority specified in and Clause 2, Article 15 of this Decree to obtain the latter’s agreement on upgrading of such inland waterway landing stage into a port. The written request must explicitly state the proposed size of the upgrading; duration of the renovation and upgrading; impacts of the renovation and upgrading on the operations of vessels in the water area, cargo loading and unloading machinery and equipment, and passenger and cargo transport activities; adjacent structures.

Within 05 days from the date the written request from the owner of the inland waterway landing stage, the competent authority specified in Clause 2, Article 15 of this Decree shall issue a written agreement on specifications of the upgrading of such inland waterway landing stage into a port.

3. The renovation and upgrading of inland waterway landing stages shall comply with the law regulations on construction.

Before renovating and upgrading an inland waterway landing stage, the operator of such inland waterway landing stage must send a notice (explicitly stating the name of the inland waterway landing stage; the duration and scope of the renovation and upgrading) to the Port Authority.

4. After completing the renovation and upgrading, the landing stage’s operator must carry out the procedures for announcement of operation of the inland waterway port in accordance with Article 18 of this Decree. In the case where an inland waterway landing stage has its size and specifications similar to those of an inland waterway port technical classification as specified herein (no renovation or upgrading is needed), the dossier for announcement of operation of the inland waterway port upgraded from an inland waterway landing stage consists of:

a) A written application for announcement of operation of the inland waterway port upgraded from an inland waterway landing stage, made using Form No. 15 provided in the Appendix to this Decree;

b) A written agreement on technical specifications of the competent authority for the upgrading of the inland waterway landing stage into an inland waterway port;

c) As-built drawings of the inland waterway landing stage;

d) The site plan of the construction work, land area and water area of the inland waterway landing stage;

dd) A dossier of on-site inspection and calculation of the inland waterway landing stage compiled by a lawful consulting unit.

Article 24. Closure and suspension of inland waterway ports and landing stages

1. An inland waterway port or landing stage is announced closed in the following cases:

a) It must be closed due to national defense and security reasons;

b) It must be closed at the request of the owner of the port or landing stage.

2. Authority to announce closure of inland waterway ports and landing stages

The authority that announces an inland waterway port or landing stage specified in Clause 1, Article 18 and Clause 1, Article 19 of this Decree is also the one competent to announce the closure of such inland waterway port or landing stage.

3. Dossier for announcement of closure of an inland waterway port or landing stage

a) A written request of the Ministry of National Defence or the Ministry of Public Security, in the case specified at Point a, Clause 1 of this Article;

b) A written application for closure of the inland waterway port or landing stage from the owner of such inland waterway port or landing stage, in the case specified at Point b, Clause 1 of this Article.

4. Procedures for announcement of closure of an inland waterway port or landing stage

a) The Ministry of National Defence or the Ministry of Public Security requesting the closure of the inland waterway port or landing stage must send a notice to the operator of such port or landing stage at least 60 days before the expected closure of such inland waterway port or landing stage in the case specified at Point a, Clause 1 of this Article. The notice must explicitly state the reasons for the closure of the inland waterway port or landing stage. Within 10 days from the date of receiving the notice, the operator of such inland waterway port or landing stage may give feedback and reach an agreement on the closure of the inland waterway port or landing stage with the notifying authority;

b) The Ministry of National Defence or the Ministry of Public Security, and the owner of the inland waterway port or landing stage shall send a written request for the closure of such inland waterway port or landing stage to the competent authority specified in Clause 2 of this Article;

c) Within 05 working days from the date of receiving a written request from the authority and the owner of the port or landing stage as specified at Point b of this Clause, the competent authority shall issue a decision on announcement of closure of the inland waterway port or landing stage;

d) A decision on announcement of closure of the inland waterway port or landing stage, made using Form No. 16 provided in the Appendix to this Decree;

dd) The authority that issues the decision on announcement of closure of an inland waterway port or landing stage must send the decision to the owner of such inland waterway port or landing stage, the Port Authority, the commune-level People’s Committee of the locality where the inland waterway port or landing stage is located, organizations and individuals, and the Ministry of National Defence or the Ministry of Public Security (in the case specified at Point a, Clause 1 of this Article) within 02 working days from the date of signing the decision and removing the name of the inland waterway port or landing stage from the registry of inland waterway ports and landing stages.

5. Within 30 working days from the effective date of the decision on announcement of closure of the inland waterway port or landing stage, the owner of such inland waterway port or landing stage shall be responsible for clearing obstructions in the water area thereof (if any), and decommissioning inland waterway signals of such inland waterway port or landing stage. Costs incurred in clearing obstructions in the water area of the inland waterway port or landing stage (if any) and decommissioning the inland waterway signals of the inland waterway port or landing stage shall be borne by the owner thereof, unless the inland waterway port or landing stage is closed in accordance with Point a, Clause 1 of this Article where such costs shall be borne by the authority requesting the closure of the port or landing stage.

6. The operation of an inland waterway port or landing stage must be suspended in following cases:

a) Its service life is expired;

b) It encounters an incident that threatens its safety or the safety of people and vessels; affects the safety of adjacent structures, the environment and the community in accordance with regulations.

7. Suspension of operation of an inland waterway port or landing stage

a) The operator of an inland waterway port or landing stage must send a written notice to the Port Authority of the suspension of operation of such inland waterway port or landing stage in the cases specified in Clause 6 of this Article;

b) Upon receiving the notice from the port’s operator in the case specified at Point a, Clause 6 of this Article, the Port Authority shall notify relevant authorities and units of the suspension of operation of the inland waterway port or landing stage;

c) Upon receiving the notice from the operator of the inland waterway port or landing stage in the case specified at Point b, Clause 6 of this Article, the Port Authority shall send a written request to the operator of such inland waterway port or landing stage to request the suspension of operation of such inland waterway port or landing stage to overcome the damages or the incident, and at the same time notify relevant authorities and units of the suspension of operation of the inland waterway port or landing stage;

d) The inland waterway port or landing stage may resume its operation only after the incident has been overcome or all risks of unsafety have been eliminated, which shall be certified by the Port Authority;

dd) In the case where a port facility’s service life is expired, if there is a need to continue using it, the operator of the respective inland waterway port or landing stage must inspect the quality of the facility, renovate it or repair damages (if any) to ensure the safety and usability of the facility and request the announcement of operation in accordance with this Decree.

Article 25. Establishment of anchorages

1. Contents of the agreement on establishment of an anchorage

a) Location and size of the anchorage;

b) Use purposes;

c) Size of the construction site (scope and mooring equipment).

2. Authority to agree on establishment of an anchorage

a) The Vietnam Inland Waterways Administration shall agree on establishment of anchorages on national inland waterways or exclusive inland waterways connected to national inland waterways, or anchorages on both national and local inland waterways, and other cases decided by the Ministry of Transport;

b) The provincial-level Departments of Transport shall agree on establishment of anchorages on local inland waterways or exclusive inland waterways connected to local inland waterways, and other cases decided by the Ministry of Transport.

3. Dossier for agreement on establishment of an anchorage

a) A written application for agreement on the establishment of the anchorage, made using Form No. 17 provided in the Appendix to this Decree;

b) A photocopy of the written approval of the project investment policy of the competent authority;

c) The site plan of the area where the anchorage will be established, which shall show the extent of the anchorage, the bottom level, the location of the channel, the adjacent structures (if any) based on the National Coordinate Reference System VN2000 and the Vietnam State elevations at the scale from 1/500 to 1/2000

4. Process for agreement on establishment of an anchorage

a) Before establishing an anchorage, the project owner shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 2 of this Article requesting the agreement on the establishment of such anchorage;

b) Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 2 of this Article shall issue a written agreement on establishment of the anchorage and send it to the project owner.

Article 26. Announcement of operation of anchorages

1. Authority to announce the operation of an anchorage

The authority that agrees to establish an anchorage specified in Clause 2, Article 25 of this Decree is also the one competent to announce the operation of such anchorage.

2. Dossier for announcement of an anchorage

a) A written application for announcement of operation of the anchorage, made using Form No. 18 provided in the Appendix to this Decree;

b) A final acceptance certificate of facilities to be put into use;

c) A plan of the anchorage;

d) The technical safety and environmental protection certificate of the mooring buoys (if mooring buoys are used);

dd) An acceptance certificate of obstruction scanning.

3. Process for announcement of operation of an anchorage

a) The project owner shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 1 of this Article requesting the announcement of operation of the anchorage.

b) Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority shall issue a decision on announcement of operation of the anchorage;

c) The decision on announcement of operation of the anchorage shall be made using Form No. 19 provided in the Appendix to this Decree. The authority announcing the operation of the anchorage shall send the decision on announcement of operation to the project owner, the Port Authority, the regional Inland Waterways Administration Branch, and relevant organizations and individuals within 02 working days from the date of signing the decision.

4. In case of necessity, the Vietnam Inland Waterways Administration and the provincial-level Departments of Transport shall decide to establish and announce the operation of anchorages for vessels to berth and seek shelter from storm or flood on inland waterways under their respective management. Before announcing the operation of the anchorage, the Vietnam Inland Waterways Administration and the provincial-level Departments of Transport must conduct a survey and compile a dossier as specified at Points b, c, d and dd, Clause 2 of this Article.

Article 27. Announcement of closure of anchorages

1. The anchorage shall be announced closed in the following cases:

a) It must be closed due to national defense and security reasons;

b) It must be closed to ensure navigation safety;

c) It must be closed at the request of the project owner.

2. Authority to announce closure of the anchorage

The authority that announces an anchorage as specified in Clause 1, Article 26 of this Decree is also the one competent to announce the closure of such anchorage.

3. Dossier for closure of the anchorage

a) A written request of the Ministry of National Defence or the Ministry of Public Security, in the case specified at Point a, Clause 1 of this Article;

b) The project owner’s written application for closure of the anchorage, in the case specified at Point b, Clause 1 of this Article. Such written application shall be made using Form No. 20 provided in the Appendix to this Decree;

c) A completion certification of recovery of signals and mooring equipment; completion certification of obstruction scanning in the water area of the anchorage.

4. Procedures for announcing the closure of the anchorage

a) In the case specified at Point a, Clause 1 of this Article: The Ministry of National Defence or the Ministry of Public Security shall notify the project owner at least 60 days before the expected closure of the anchorage. The notice must explicitly state the reasons for closing the anchorage. If the project owner has no response on the closure of the anchorage, the Ministry of National Defence or the Ministry of Public Security shall send a written request to the authority specified in Clause 2 of this Article;

b) In the case specified at Point b, Clause 1 of this Article: The Vietnam Inland Waterways Administration or the provincial-level Department of Transport shall notify the survey that shall be participated by the project owner and make a report on the status quo of the anchorage of which navigation safety is not ensured due to the change in the navigable channel; request the project owner to suspend the operation of the anchorage;

c) In the case specified at Point c, Clause 1 of this Article: The project owner shall submit a written application for closure of the anchorage in person or in other suitable ways to the authority specified in Clause 2 of this Article requesting announcement of closure of the anchorage;

d) Within 05 working days from the date of receiving the written request from the Ministry of National Defence or the Ministry of Public Security or the written record of site survey of the anchorage or the application from the project owner of the anchorage, the competent authority specified in Clause 2 of this Article shall issue a decision on announcement of closure of the anchorage.

5. The decision on announcement of anchorage closure shall be made using Form No. 21 provided in the Appendix to this Decree. The authority announcing the closure of the anchorage shall send the decision on announcement of closure of the anchorage to the project owner, the Port Authority, and relevant organizations and individuals within 02 days from the date of signing the decision.

6. Within 15 working days from the date of receiving the decision on announcement of closure of the anchorage, the project owner shall be responsible for recovering signals and mooring equipment, and scanning obstructions in the water area of the anchorage. In the case where the anchorage is closed in accordance with Point a, Clause 1 of this Article, the costs incurred in recovering signals and mooring equipment, and scanning obstructions in the water area of the anchorage shall be borne by the authority requesting the closure of such anchorage.

Section 4

MANAGEMENT OF SIGNALS AND OTHER INLAND WATERWAY NAVIGATION INFRASTRUCTURE FACILITIES

Article 28. Setting up and maintenance of inland waterway signals

1. Setting up inland waterway signals means authorities, organizations and individuals installing signals on inland waterways, at construction sites and locations of obstructions, and in areas where activities that affect the safety of inland waterway navigation are conducted. Signals to be set up must comply with the National technical regulation on Vietnam Inland Navigation Aids.

2. Inland waterway facilities where signals must be set up:

a) Inland waterway channels;

b) Inland waterway ports, landing stages, anchorages;

c) Ship locks, facilities used to help vessels pass dams or falls;

d) Embankments, dams, bridges, ferry landing stages, fishing ports;

dd) Wind power, thermal power, hydro power facilities;

e) Facilities over or underneath the channel;

g) Obstructions;

h) Floating restaurants and hotels (when they are anchored);

i) Other facilities.

3. Inland waterway activities for which signals must be set up:

a) Construction of facilities; exploration and mining of natural resources and minerals;

b) Aquaculture areas (fish cages, fish enclosures, fish and seafood farms); organization of entertainment and amusement activities, drills, sports events and festivals; holding of markets and craft villages; vocational practicing on inland waterways, channel protection corridors, waters outside navigable channels or in water areas of inland waterway ports and landing stages;

c) Areas for regulation and on-duty prevention of collision, navigation support, and navigation restriction;

d) Other activities affecting the safety of inland waterway navigation.

4. Responsibilities for approving signaling plans, setting up and maintaining signals on inland waterways

a) The Vietnam Inland Waterways Administration shall be responsible for approving the signaling plan and organizing the setting up and maintenance of the signaling systems on national channels;

b) The provincial-level Departments of Transport shall be responsible for approving the signaling plans and organizing the setting up and maintenance of the signaling systems on local channels;

c) The organizations or individuals owning exclusive channels shall be responsible for setting up and maintaining the signaling system on exclusive channels;

d) The owners of facilities, organizations and individuals causing obstructions; or organizations and individuals holding activities on inland waterways shall be responsible for setting up and maintaining signals as specified throughout the duration of construction of facilities or organization of activities, and existence of such facilities or obstructions;

dd) The units in charge of inland waterway management and maintenance, organizations and individuals in charge of exclusive inland waterway management shall be responsible for setting up signals for shipwrecks and in other unexpected situations that cause unsafety to navigation on channels and channel protection corridors. At the same time, they shall immediately report the cases to the regional Inland Waterways Administration Branches or the provincial-level Departments of Transport.

5. Funding for setting up inland waterway signals

a) Funding for setting up and maintaining the signaling systems on national and local channels, unless otherwise specified at Point c of this Clause, shall be covered by the State budget in accordance with the decentralized fiscal responsibilities;

b) Funding for setting up and maintaining the signaling systems on exclusive channels shall be borne by organizations and individuals owning the respective exclusive channels;

c) Funding for setting up and maintaining the signaling systems at facilities, obstructions and areas specified at Point d, Clause 4 of this Article shall be borne by owners of the respective facilities or obstructions, and organizations and individuals that hold such activities;

d) With regard to signals at navigation facilities invested with the State budget funds under the management of the Ministry of Transport on national inland waterways, after completing the setting up of signals, the project owners shall hand over such signals to the Vietnam Inland Waterways Administration for management and maintenance in accordance with the regulations;

dd) With regard to signals at facilities invested with the State budget funds under the management of provincial-level People's Committees on local inland waterways, after completing the setting up of signals, the project owners shall hand over such signals to the provincial-level Departments of Transport for management and maintenance in accordance with the regulations.

6. The Minister of Transport shall promulgate the National technical regulation on Vietnam Inland Navigation Aids.

Article 29. Authority and procedures for agreement on setting up inland waterway signals for construction facilities and activities on inland waterways

1. The signals below must be agreed upon before being set up

a) Signals on exclusive channels;

b) Signals at facilities specified at Points d, dd and e, Clause 2 and Clause 3, Article 28 of this Decree.

2. Authority to agree on setting up of signals

a) The regional Inland Waterways Administration Branches shall agree on setting up of signals on exclusive channels connected to national channels, facilities and areas specified at Point b, Clause 1 of this Article on national inland waterways and exclusive inland waterways connected to national inland waterways, other than the signals to be set up at inland waterway ports and landing stages;

b) The provincial-level Departments of Transport shall agree on setting up of signals on exclusive channels connected to local channels, facilities and areas specified at Point b, Clause 1 of this Article on local inland waterways and exclusive inland waterways connected to local inland waterways.

3. Contents of the agreement

a) Location of signals;

b) Quantity and size of signals;

c) Type of signals.

4. Dossier for agreement on setting up of signals

a) A written application for agreement on setting up of signals, made using Form No. 22 provided in the Appendix to this Decree;

b) Expected layout plan of signals.

5. Agreement process

a) Any organization or individual wishing to set up signals shall submit 01 dossier in person or by post or in other suitable ways to the competent authority specified in Clause 2 of this Article;

b) Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 2 of this Article shall make and send a written agreement on setting up of signals and send to the project owner.

6. The organizations and individuals managing exclusive inland waterways shall send notices on setting up and putting signals into use on exclusive channels, made using Form No. 23 provided in the Appendix to this Decree.

Article 30. Investment in construction of other inland waterway navigation infrastructure facilities

Investment in construction of ship locks, facilities used to help vessels pass dams or falls; navigation embankments and dams; elevation markers, coordinate markers, boundary markers of channel protection corridors, stations and auxiliary facilities must comply with the law regulations on construction investment, fire safety, environmental protection, and climate change response; and must have appropriate technological plans and construction designs ensuring quality and safety in construction, operation, and use of such facilities.

Section 5

PROTECTION OF INLAND WATERWAY NAVIGATION INFRASTRUCTURE FACILITIES

Article 31. General regulations on protection of inland waterway navigation infrastructure facilities

1. Inland waterway navigation infrastructure facilities must be protected to maintain their normal operation in accordance with the Law on Inland Waterway Navigation and this Decree. Illegal encroachment, destruction, dredging and decommissioning of inland waterway infrastructure facilities must be detected, prevented, and handled in time and in accordance with the regulations.

2. Before putting any inland waterway infrastructure facility into operation and use, the project owner must send a written notice to the commune-level People's Committee of the locality where the facility is located for coordination in protection. The notice must explicitly state the name, size and uses of the facility, and the time when it is put into operation and use.

Article 32. Contents of protection of inland waterway infrastructure facilities

1. Contents of protection of inland waterway infrastructure facilities shall comply with the Law on Inland Waterway Navigation and this Decree.

2. Protection of inland waterway channels

a) Channels announced and put into use must be maintained in accordance with design standards or channel standards that align with the respective technical classification and the affordability of the State budget;

b) For facilities over or underneath the channels (underwater/underground), the safe height and depth of channel bottoms shall align with the standards of the inland waterway technical classifications that have been announced;

c) Within the channel, illegal installation of fixed fishing gears or mining of minerals are prohibited;

d) Soil, sludge, sand and other wastes that may cause accretion and change the elevation of the channel bottoms shall not be dumped therein.

3. Protection of inland waterway protection corridors

a) The scope of channel protection corridors must be ensured to maintain its size, and deliberately narrowing or encroaching the channel protection corridors are prohibited;

b) Within the channel protection corridors, the construction of houses or other structures, mining of natural resources without consent of competent authorities; and installation of fixed fishing gears within the channel protection corridor are all prohibited;

c) When the channels shift into the channel protection corridors, facilities, mineral mining and fishing operations, craft villages, and floating markets must be moved and narrowed, and obstructions on the new channels shall be cleared.

4. With regard to other inland waterway infrastructure facilities, the following acts are prohibited:

a) Allowing materials, vessels and equipment to cause landslides or damage the facilities;

b) Anchoring or mooring vessels or tying animals to signaling buoys, signposts, water benchmarks or monuments, coordinate markers, boundary markers of channel protection corridors;

c) Illegally using explosives or mining minerals, or committing other acts that affect the facilities;

d) Discharging hazardous substances which affect the durability and service life of the facilities.

Article 33. Scope of channel protection corridors

The scope of a channel protection corridor shall be determined from the edge of the channel to each side. If the channel is already included in the approved master plan, the corridor shall be determined in accordance with the master plan’s technical classification, specifically as follows:

1. If the channel is not close to the shore, the scope of the channel protection corridor:

a) From 20 m to 25 m, applicable to inland waterway channels on lakes, bays, and estuaries, channels along the coast, and special-class channels;

b) From 15 m to 20 m, for inland waterway channels of Class I and Class II;

c) From 10 m to 15 m, for inland waterway channels of Class III and Class IV;

d) 10 m, for inland waterway channels of Class V and Class VI;

2. If the channel is close to the shore, the scope of the channel protection corridor shall be at least 5 m from the natural shoreline back to the shore. If the channel passes through any city, town, or township, the scope of the channel protection corridor shall be the red line boundary in the master plan approved by the competent authority.

3. Based on the characteristics of each area, the Vietnam Inland Waterways Administration and provincial-level Departments of Transport shall assume the prime responsibility for, and coordinate with provincial-level Departments of Natural Resources and Environment in, identifying specific natural shorelines in service of the protection of inland waterway infrastructure.

4. In the case where the scope of channel protection corridors coincides with the safety corridors of road bridges or rail bridges, the scope of channel protection corridors shall be determined from the edge of the channels to the natural shorelines and comply with the law regulations on protection of the safety corridors of road bridges or rail bridges.

5. In the case where the scope of channel protection corridors coincides with the maritime channel protection corridors, the law regulations on protection of maritime channels shall prevail.

6. In the case where the scope of channel protection corridors coincides with the protection scope of natural disaster prevention and control facilities, dykes, and irrigation facilities, the law regulations on natural disaster prevention and control, dyke protection, and operation and protection of irrigation facilities shall prevail.

7. In the case where the scope of channel protection corridors coincides with the water source safety protection corridors, the law regulations on protection of channel protection corridors shall prevail.

8. When making investment projects to build or upgrade or expand inland waterway channels, based on the inland waterway infrastructure master plans, the project owners must clearly determine the technical classification of the inland waterway channels, and at the same time determine the scope of channel protection corridors, and set up boundary markers after such projects are completed.

Article 34. Management of channel protection corridors

1. Making management dossiers of channel protection corridors

a) A management dossier of channel protection corridors must be updated with information about the facilities affecting the safety of inland waterways, and the scope, time of appearance and handling process thereof; boundary markers of channel protection corridors;

b) The Vietnam Inland Waterways Administration shall make management dossiers of national channel protection corridors. The provincial-level Departments of Transport shall make management dossiers of local channel protection corridors. Organizations and individuals owning exclusive channels shall make management dossiers of exclusive channel protection corridors.

2. When the channel protection corridors change, the Vietnam Inland Waterways Administration, provincial-level Departments of Transport, organizations and individuals owning exclusive channels must notify owners of the facilities, organizations and individuals operating on inland waterways to move, narrow or clear obstructions.

3. Authorities, organizations and individuals involved in channel management must set up boundary markers of channel protection corridors and inform the commune-level People's Committees nearest to where the boundary markers are located for coordination in protection.

Article 35. Responsibilities for protection of inland waterway infrastructure facilities

1. Organizations or individuals assigned to manage facilities shall assume the prime responsibility for, and coordinate with People's Committees at all levels in, protecting inland waterway infrastructure facilities.

2. Organizations or individuals, when detecting any inland waterway infrastructure facility that is infringed, shall promptly inform the commune-level People's Committee, inland waterway management unit or police office nearest to where such facility is located. The informed authorities or units must request the owners of the facilities to promptly take remedial measures to ensure uninterrupted and safe navigation.

Chapter III

MANAGEMENT OF INVESTMENT IN CONSTRUCTION OF FACILITIES NOT BELONGING TO INLAND WATERWAY INFRASTRUCTURE

Article 36. General regulations on investment in construction of facilities not belonging to inland waterway infrastructure and activities related to inland waterways

1. For any construction project not belonging to inland waterway infrastructure and any activity specified in Clause 2, Clause 3 of this Article related to inland waterway navigation or channel protection corridors or in water areas of inland waterway ports, landing stages, and anchorages, upon preparation of such investment projects or organization of such activities, an agreement with the competent authority specified in Clause 1, Article 37 of this Decree shall be reached.

2. Construction facilities:

a) Facilities in service of national defense and security tasks;

b) Embankments, irrigation dams, bridges, ferry landing stages;

c) Wind power, thermal power, hydro power facilities;

d) Facilities over or underneath the channel;

dd) Other facilities affecting inland waterway navigation safety.

3. Activities:

a) Construction activities (including dredging of water areas of inland waterway ports, landing stages, and anchorages); mining of natural resources and minerals;

b) Aquaculture areas (fish cages, fish enclosures, fish and seafood farms); organization of entertainment and amusement activities, drills, sports events and festivals; holding of markets and craft villages; vocational practicing;

c) Other activities affecting the safety of inland waterway navigation.

Article 37. Authority to agree on contents related to inland waterways for facilities not belonging to inland waterway infrastructure and activities on inland waterways

1. Authority to agree

a) The Ministry of Transport shall agree on defense and security facilities and activities related to inland waterway navigation on national inland waterways and exclusive inland waterways connected to national inland waterways;

b) The provincial-level People's Committees shall agree on defense and security facilities and activities related to inland waterway navigation on local inland waterways and exclusive inland waterways connected to local inland waterways;

c) The Vietnam Inland Waterways Administration shall agree on contents related to inland waterways for facilities and activities on national inland waterways, exclusive inland waterways connected to national inland waterways, and channel protection corridors, unless otherwise specified at Point a of this Clause;

d) The provincial-level Departments of Transport shall agree on contents related to inland waterways for facilities and activities on local inland waterways, exclusive inland waterways connected to local inland waterways, and channel protection corridors, unless otherwise specified at Point b of this Clause.

dd) Port Authorities and provincial-level Departments of Transport (where there is no Port Authority) shall agree on the dredging and renovation of water areas of inland waterway ports, landing stages, and anchorages under their management.

2. Contents of the agreement

a) For permanent and temporary bridges: construction locations and size of clear spans (width and clearance height);

b) For swing bridges, drawbridges, pontoon bridges, irrigation or hydro power facilities used in combination with navigation purposes: construction locations and size of clear spans (width, clearance height, length, depth of lock sill);

c) For lines, pipelines, and facilities over the channels: construction locations, clearance height of lines, pipelines and facilities over the channels;

d) For underground facilities, pipelines and lines underneath the channel bottoms: construction locations; depth from the top of underground facilities, pipelines and lines;

dd) For areas of construction of facilities and mining of natural resources and minerals: location, scope of mining area, elevation of dredging and mining;

e) For aquaculture areas where fixed fishing gears are set up for fishing; areas for vocational practicing; areas where floating restaurants or hotels are set up; areas for markets and craft villages, amusement and entertainment areas: location, scope of activities.

Article 38. Procedures for agreement on contents related to inland waterways of facilities not belonging to inland waterway infrastructure and activities on inland waterways

The project owner, organization or individual that holds inland waterway activities shall submit 01 dossier in person or in other suitable ways to the competent authority specified in Clause 1, Article 37 of this Decree for agreement on contents related to inland waterways. Such a dossier shall consist of:

1. A written application for agreement on construction of the facility, made using Form No. 24 provided in the Appendix to this Decree.

2. The cross section of the facility displayed on a cross section of the river.

3. The construction site drawing based on the National Coordinate Reference System VN2000 and the Vietnam State elevations. Such drawing shall show the construction location and natural elevations, terrain and topographic relief of the river or canal in the construction site, adjacent structures (if any) and the following documents:

a) For permanent and temporary bridges: dimensions of the clear span (location, width, and clearance height); longitudinal section of the facility displayed on the cross section of the river or canal;

b) For swing bridges, drawbridges, pontoon bridges, hydro power facilities used in combination with navigation purposes: dimensions of the clear span (location, width, clearance height, length, depth of lock sill); opening and closing solutions and technologies; design drawings of locations and water areas to be arranged for mooring vessels while waiting for passing through the facility;

c) For pipelines, lines and facilities over the channel: clearance height and its drawing showing the highest point of the pipeline, line (the lowest point of the power cable line, including the power grid safety corridor), or facility over the channel;

d) For underground facilities, lines and pipelines underneath the channel bottom: drawings showing the distance from the top level of the facility to the bottom level of the channel design, the scope of the channel and channel protection corridor;

dd) For dams, hydro power and irrigation facilities: the site plan and drawing of the inland waterway port, landing stage or transshipment area at upstream and downstream of the facility; loading and transshipment solutions;

e) For facilities in service of national defense and security; wind and thermal power projects; ferry landing stages, embankments: drawings showing the area of the port; embankment and other flow regulation structures; size and structure of wharves, embankments, other flow regulation facilities, and auxiliary facilities; water area of the port.

4. For any activity specified in Clause 3, Article 36 of this Decree, a dossier shall consist of:

a) A written application for agreement, made using Form No. 24 provided in the Appendix to this Decree;

b) A drawing showing the scope of the operation area, the channel and the channel protection corridor, distance to the relevant facilities within the area and the signaling layout plan to ensure the safety of inland waterway navigation;

c) Cross sections and dossiers of markers to determine the scope and levels of dredging and mining of natural resources and minerals (for dredging and renovation of water areas of inland waterway ports, landing stages, exclusive channels into inland waterway ports, landing stages, and anchorages; mining of natural resources and minerals).

5. Within 05 working days from the date of receiving the dossier as specified herein in full, the competent authority specified in Clause 1, Article 37 of this Decree shall send a written agreement to the project owner.

Article 39. Notice of putting facilities not belonging to inland waterway infrastructure into use

1. Within 05 working days from the date of final acceptance of the facility to put it into use, the project owner shall send a written notice to the regional Inland Waterways Administration Branch (applicable to facilities on national inland waterways, channel protection corridors, water areas outside the national channels and exclusive inland waterways connected to national inland waterways), or the provincial-level Department of Transport (applicable to facilities on local inland waterways, channel protection corridors, water areas outside the local channels and exclusive inland waterways connected to local inland waterways).

2. Contents of the notice

a) Name of the facility;

b) Location (chainage, place name, coordinates);

c) Main specifications of the facility;

d) Start of operation.

3. The notice of putting any facility not belonging to inland waterway infrastructure into use shall be made using Form No. 25 provided in the Appendix to this Decree.

Chapter IV

ASSURANCE OF SAFETY, SECURITY, ENVIRONMENTAL PROTECTION IN INLAND WATERWAY ACTIVITIES

Section 1

ASSURANCE OF SAFETY IN INLAND WATERWAY ACTIVITIES

Article 40. Safety assurance in case of restricted navigation

1. Navigation on inland waterways shall be restricted in the following cases:

a) There are obstructions on the channels that obstruct navigation;

b) Facilities are constructed on the channels, channel protection corridors, water areas of ports, landing stages, and anchorages, and water areas that have not been managed by any organization but transport activities have been conducted there, which affects the navigation safety;

c) Facilities on inland waterways restrict the announced channel standards;

d) Natural disaster prevention and control, rescue and salvage operations;

dd) National defense and security operations;

e) Drills, sports events, festivals, amusement and entertainment activities, vocational practicing, markets, craft villages.

2. Authority to announce navigation restrictions

a) The Vietnam Inland Waterways Administration shall announce navigation restrictions in cases of ensuring national defense and security on national inland waterways, exclusive inland waterways connected to national inland waterways and water areas not managed by any organization where transport activities have been conducted, which are adjacent to the national channel protection corridors;

b) The regional Inland Waterways Administration Branches shall announce navigation restrictions in the cases specified in Clause 1 of this Article on national inland waterways, exclusive inland waterways connected to national inland waterways and water areas not managed by any organization where transport activities have been conducted, which are adjacent to the national channel protection corridors, unless otherwise specified at Point a of this Clause;

c) The provincial-level Departments of Transport shall announce navigation restrictions in the cases specified in Clause 1 of this Article on local inland waterways, exclusive inland waterways connected to local inland waterways or water areas not managed by any organization where transport activities have been conducted in provinces and centrally-run cities, unless otherwise specified at Points a and b of this Clause;

d) Port Authorities shall announce navigation restrictions within water areas of inland waterway ports, landing stages, and anchorages under their management.

3. Procedures for announcing navigation restrictions on inland waterways

a) The project owner, organization or individual, before constructing any facility or organizing any activity on inland waterways, shall send a written application for announcement of inland waterway navigation restrictions (explicitly specifying locations and duration of construction restriction) and the approved plan to ensure navigation safety to the competent authority specified in Clause 2 of this Article;

b) Within 05 working days from the date of receiving the dossier in full, the competent authority specified in Clause 2 of this Article shall issue a written announcement of inland waterway navigation restrictions and send it to the project owner or organization or individual;

c) In case of unexpected obstructions; natural disaster prevention and control, rescue and salvage operations on inland waterways that restrict the announced channel standards, the competent authority specified in Clause 2 of this Article shall, depending on requirements of the actual situation, determine measures to ensure the navigation safety and announce navigation restrictions on inland waterways.

4. The Minister of Transport shall detail the navigation control to ensure navigation safety, prevent vessel collisions and restrict inland waterway navigation.

Article 41. Plans on inland waterway navigation safety assurance

1. For construction projects and areas where activities related to inland waterway navigation are organized (on channels, channel protection corridors, water areas of inland waterway ports, landing stages, anchorages and water areas not managed by any organization where transport activities have been conducted) specified in Clauses 2 and 3, Article 36 of this Decree, there must be plans and measures to ensure navigation safety during the construction of such facilities and organization of such activities.

2. Responsibilities for formulation and implementation of plans

Project owners or construction contractors, organizations and individuals that organize activities related to inland waterway navigation shall be responsible for formulating and implementing the navigation safety assurance plans that have been approved by the competent authorities.

3. Authority to approve the navigation safety assurance plans

a) The Vietnam Inland Waterways Administration shall approve the navigation safety assurance plans for facilities and activities in service of national defense and security on national inland waterways and exclusive inland waterways connected to national inland waterways;

b) The regional Inland Waterways Administration Branches shall approve the navigation safety assurance plans for facilities and activities on national inland waterways; exclusive inland waterways connected to national inland waterways, water areas not managed by any organization where transport activities have been conducted adjacent to the national channel protection corridors, unless otherwise specified at Points a and d of this Clause;

c) The provincial-level Departments of Transport shall approve the navigation safety assurance plans for facilities and activities on local inland waterways; exclusive inland waterways connected to local inland waterways, water areas not managed by any organization where transport activities have been conducted in the provinces or centrally-run cities, unless otherwise specified at Point d of this Clause. Depending on the actual situation, the provincial-level Departments of Transport shall submit the plans to the provincial-level People's Committees for them to authorize and decentralize the authority for approval to the district-level People's Committees;

d) The Port Authorities shall approve the navigation safety assurance plans for repair, renovation and upgrading projects and other activities in the water areas of inland waterway ports, landing stages, and anchorages under their management.

4. Contents of navigation safety assurance plans.

a) General information about investment projects on construction of facilities or organization of activities;

b) Duration of construction of facilities or organization of activities;

c) Construction or organization solutions;

d) Measures to ensure navigation safety;

dd) Plan on assurance of, and coordination in ensuring navigation safety.

5. Dossier for approval of a navigation safety assurance plan

a) A written application for approval of the navigation safety assurance plan, made using Form No. 26 provided in the Appendix to this Decree;

b) The construction solutions, duration and schedule for construction of the facility or organization of the activity;

c) The plan on navigation safety assurance;

d) A photocopy of overall layout drawing of the facility, the scope of construction or activity organization.

6. Approval process

a) The project owner, organization or individual, before constructing any facility or organizing any activity specified in Clause 1 of this Article, shall send 01 dossier in person or in other suitable ways to the competent authority specified in Clause 3 of this Article requesting the approval thereof;

b) Within 05 working days from the date of receiving the dossier specified herein in full, the competent authority specified in Clause 3 of this Article shall send a written approval of the navigation safety plan to such project owner, organization, or individual.

7. In case of force majeure accidents or incidents on inland waterways disrupting the navigation, the Vietnam Inland Waterways Administration or the provincial-level Departments of Transport, or organizations or individuals owning exclusive channels must promptly organize the formulation and implementation of navigation assurance plans in the areas where such accidents or incidents occur.

8. The navigation safety assurance in service of the dredging of inland waterway channels, water areas of inland waterway ports, landing stages, and anchorages shall comply with the Government's regulations on dredging of inland waterways.

Section 2

SECURITY ASSURANCE AT INLAND WATERWAY PORTS RECEIVING FOREIGN WATERCRAFT AND INLAND WATERWAY PILOTAGE

Article 42. Security assurance at inland waterway ports receiving foreign watercraft

1. Security assurance at an inland waterway port receiving foreign watercraft means the implementation of measures to ensure security and safety for people, vessels and facilities at such port by assessing security and formulating a security plan which shall be approved by the competent authority which then grants the security conformity certificate to the inland waterway port receiving foreign watercraft.

2. Security assurance at inland waterway ports is applicable to foreign watercraft and seagoing ships with a total tonnage of 500 GT or more operating on international routes.

3. Security of inland waterway ports receiving foreign watercraft is classified into 03 levels.

a) Security Level 1 is the level at which the appropriate protective security measures are in permanent effect;

b) Security Level 2 is the level at which additional protective security measures are maintained for the duration of the threat of a security incident;

c) Security Level 3 is the level at which further specific protective security measures are initiated and maintained for a limited period when a security incident is probable or imminent though specific target cannot be determined.

4. Security measures for inland waterway ports receiving foreign watercraft must be suitable for each security level.

a) Security measures that need to be taken in Security Level 1 are ensuring the performance of every security duty in the security plan; monitoring every activity taken place in the port; monitoring restricted areas in the port; checking and supervising cargo handling areas; checking and supervising vessel supplies handling; ensure that security communications could always be done promptly;

b) Security measures that need to be taken in Security Level 2 are additional security measures stated in the security plan that must be implemented for each activity specified at Point a of this Clause;

c) Security measures that need to be taken in Security Level 3 are exceptional enhanced security measures stated in the security plans that must be implemented for each activity specified at Point a of this Clause.

5. The security assessment of inland waterway ports receiving foreign watercraft shall be made for the first time and on an annually basis by the port's operators using Form No. 27 provided in the Appendix to this Decree, which shall involve representatives of specialized State management agencies at the ports.

6. Security plans for inland waterway ports receiving foreign watercraft

a) A security plan for an inland waterway port receiving foreign watercraft (hereinafter referred to as the security plan) shall be made by the port's operator using Form No. 28 provided in the Appendix to this Decree and sent to the competent authority for approval, which aims to ensure the implementation of measures to protect the port, people, vessels, cargoes, cargo carriers, and supplies for vessels within the port, and avoid the threat of a security incident;

b) A security plan shall be developed and maintained, on the basis of the inland waterway port security assessment. The security plan must provide appropriate measures for each security level specified in Clause 3 of this Article.

7. The security commitment of an inland waterway port receiving foreign watercraft shall be made on the basis of the assessment of possible risks for people, property and the environment that may arise from communications between the vessels and the port or among the vessels, made using Form No. 29 provided in the Appendix to this Decree.

8. The security commitment must be made by the captain or security officer of the foreign watercraft or seagoing ship, and the security officer of the inland waterway port or the organization in charge of ensuring on-shore security on behalf of the port's owner, and the port’s or vessel’s owner must commit to taking security measures suitable to the security level of the port or foreign watercraft or seagoing ship. The owner of the foreign watercraft, seagoing ship or the port’s owner may request a security commitment in any of the following cases:

a) The foreign watercraft or seagoing ship has its security level higher than that of the port, anchorage or other foreign watercraft with which it is communicating;

b) There is an agreement on security commitments signed among the member states for a number of international routes or for a number of specific vessels on such routes;

c) There is a security threat or incident involving such foreign watercraft, seagoing ship or port;

d) The foreign watercraft or seagoing ship is in the port but the port is not required to have and implement the approved inland waterway port security plan;

dd) The foreign watercraft or seagoing ship communicate with other foreign watercraft or seagoing ships, but it is not required to have and implement the approved foreign watercraft or seagoing ship security plan;

e) The security commitments must include commitments of the port security officer or the captain or security officer of the foreign watercraft or seagoing ship to taking security measures suitable to the security level of the port, foreign watercraft or seagoing ship.

9. Officials, civil servants and public employees of specialized management agencies and employees of port enterprises in charge of ensuring security of inland waterway ports must complete the training courses on security of inland waterway ports at training institutions specialized in security training in accordance with the port security training program approved by the Ministry of Transport and be granted certificates of training completion.

Article 43. Procedures for approval of security assessment, security plans and grant of security conformity certificates to inland waterway ports receiving foreign watercraft

1. The port’s operator shall make and submit 03 dossiers as specified in Clauses 2, 3 and 4 of this Article in person or in other suitable ways to the Port Authority.

2. A dossier for approval of the security assessment shall consist of:

a) A written application for approval of security assessment, made using Form No. 30 provided in the Appendix to this Decree;

b) The security assessment as specified in Clause 5, Article 42 of this Decree;

c) Participants in the security assessment meeting, including: representatives of the district-level police office, the Border Guard Station of the border gate, the provincial-level Traffic Police Division, the Customs Branch, the Port Authority, the district-level Center for Disease Control, the district-level plant protection and quarantine agency, and the border-gate animal quarantine agency.

3. A dossier for approval of the security plan and issuance of a security conformity certificate to an inland waterway port receiving foreign watercraft shall consist of:

a) A written application for approval of the security plan and grant of a security conformity certificate to the inland waterway port receiving foreign watercraft, made using Form No. 31 provided in the Appendix to this Decree;

b) The security assessment approved by the competent authority;

c) The security plan.

4. A dossier for annual certification of a security conformity certificate of an inland waterway port shall consist of:

a) A written application for annual certification of the security conformity certificate of the inland waterway port receiving foreign watercraft, made using Form No. 32 provided in the Appendix to this Decree;

b) The security assessment, including opinions of the authorities specified at Point c, Clause 2 of this Article;

c) The written records of refresher courses or drills or training sessions under the approved security plan program;

d) The original security conformity certificate (the certification will be written on the back of the certificate).

5. Within 05 working days from the date of receiving the dossier in full as prescribed, the Port Authority shall appraise the dossier and report the appraisal results, enclosed with 02 dossiers, to the Vietnam Inland Waterways Administration. Within 05 working days from the date of receiving the dossier and report from the Port Authority in full, the Vietnam Inland Waterway Administration shall approve the security assessment and the security plan, grant a security conformity certificate to the inland waterway port receiving foreign watercraft, and make annual certification on the security conformity certificate of the inland waterway port.

The written approvals of the security assessment and security plan, and the security conformity certificate granted to the inland waterway port receiving foreign watercraft shall be made using Forms No. 33, No. 34, and No. 35 provided in the Appendix to this Decree.

6. The security conformity certificate granted to the inland waterway port receiving foreign watercraft shall be valid in 5 years and must be annually certified by the Vietnam Inland Waterways Administration.

Article 44. Security inspection and supervision of inland waterway ports receiving foreign watercraft

1. The Vietnam Inland Waterways Administration and the Port Authorities shall, within the ambit of their functions, tasks and powers assigned to them, organize the inspection, supervision and handling of violations of security at inland waterway ports. The security checklist for an inland waterway port shall be made using Form No. 36 provided in the Appendix to this Decree.

2. The port's operator shall be responsible for organizing the inspection of security in service of security assessment and development of the security plan.

3. Foreign watercraft and seagoing ships that arrive in and depart from inland waterway ports receiving foreign watercraft must comply with the same maritime law regulations on maritime security and safety as those applicable to vessels arriving in and departing from Vietnamese seaports and this Decree, unless otherwise specified by the law.

4. The operators of inland waterway ports receiving foreign watercraft must ensure safety and security conditions in accordance with regulations.

Article 45. Inland waterway pilotage

1. Compulsory pilotage

Foreign watercraft, when operating on inland waterways, or arriving in or departing from inland waterway ports, must be guided by pilots, unless they are inland waterway vessels of the Kingdom of Cambodia operating under the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on waterway transportation. The captains/masters of vessels or seagoing ships may request pilotage when deeming it necessary.

2. Pilotage on inland waterways or in inland port waters shall comply with the maritime law regulations on pilotage and shall be performed by marine pilots.

Section 3

ENVIRONMENTAL PROTECTION IN INLAND WATERWAY NAVIGATION ACTIVITIES

Article 46. Environmental protection in investment in construction, maintenance, renovation and upgrading of inland waterway infrastructure

1. The owner of any inland waterway infrastructure construction, maintenance, renovation or upgrading project shall be responsible for:

a) Organizing the preparation of an environmental impact assessment report or an environmental protection plan and submit it to the competent authority for approval or certification in accordance with the law regulations on environmental protection;

b) Determining and allocating funds for environmental protection in the total investment of the project; including waste treatment measures and measures to minimize adverse impacts on the environment in the environmental impact assessment report or the environmental protection plan approved or certified by the competent authority in the basic design, technical design and bidding dossiers, contracts with construction contractors of the project;

c) Organizing the management, supervision and report to the competent state authorities on environmental protection in project construction activities in accordance with the law regulations on construction and environmental protection.

2. Construction contractors must comply with the law regulations on environmental protection, standards and technical regulations on environment and fully meet the requirements on environmental protection in the contract signed with the project owner.

3. Environmental monitoring and supervision consultancy contractors must comply with environmental monitoring technical processes and environmental technical regulations, and take responsibility before the project owner and before the law for the information and data that they have created in the performance of environmental monitoring and supervision.

Article 47. Environmental protection in operation of inland waterway ports and landing stages

The operators of inland waterway ports and landing stages shall be responsible for:

1. Formulating and implementing oil spill response plans in accordance with regulations for inland waterway ports and landing stages engaged in petroleum trading.

2. Arranging personnel to manage and perform the work of environmental protection in the ports and landing stages.

3. Collecting and treating wastewater generated during the operation of ports and landing stages to ensure environmental technical regulations; carrying out periodical monitoring of wastewater before and after treatment as required in the approved dossier; keeping monitoring data for checking the operation of the wastewater treatment system.

4. Collecting, classifying and storing solid wastes and hazardous wastes generated during the operation of ports and landing stages for treatment or hiring waste treatment organizations to receive, transport and treat the wastes in accordance with regulations.

5. Arranging vessels, tools and equipment at ports and landing stages to receive ordinary solid wastes from vessels, seagoing ships, foreign watercraft, seaplanes; listing and providing a list of organizations with hazardous waste treatment function to receive, transport and treat hazardous wastes arising from vessels, seagoing ships, foreign watercraft and seaplanes.

6. Minimizing dust and limiting noise and vibration that adversely affect the surrounding environment and workers.

7. Isolating and ensuring a safe distance in receiving and storing dangerous cargoes, and flammable and explosive cargoes in accordance with regulations.

Article 48. Environmental protection in construction, repair, conversion, restoration, and decommission of vessels

Owners of establishments that build, repair, convert, restore and decommission of vessels shall be responsible for:

1. Developing and implementing environmental protection plans and oil spill response plans in accordance with regulations.

2. Arranging personnel to manage and perform environmental protection in the operations of the establishments.

3. Collecting and treating wastewater, solid waste and hazardous waste generated during the operations of the establishments for treatment in accordance with regulations.

Article 49. Environmental protection for vessels, seagoing ships, seaplanes and foreign watercraft operating on inland waterways

1. Seagoing ships must comply with the National Technical Regulation on Marine Pollution Prevention Systems of Ships.

2. Vessels must comply with the National technical regulation on Rules for Pollution Prevention of inland waterway ships.

3. Management of ordinary wastes

a) Vessels, seagoing ships and foreign watercraft operating on inland waterways and coastal transport routes must cover and prevent cargoes from falling or dust from being spread and causing environmental pollution;

b) Wastes and pollutants discharged by vessels, seagoing ships and foreign watercraft must be collected and stored on such vessels, seagoing ships and foreign watercraft, and then transferred to the receiving equipment system at the inland waterway ports or landing stages or to waste treatment organizations in accordance with regulations;

c) Vessels, seagoing ships and foreign watercraft must be equipped with wastewater treatment equipment or storage tanks where wastes are stored before being transported to shore for treatment;

d) Information on the discharge of wastes must be recorded in the garbage record books of the ships or vessels;

dd) In the case where the vessels carrying cargoes that are capable of causing pollution, there must be measures to prevent pollution corresponding to such cargoes.

4. Management of hazardous wastes

Vessels, seagoing ships, foreign watercraft and seaplanes that generate hazardous wastes must comply with the law regulations on hazardous waste management.

5. It is prohibited to discharge oil, ballast water, cooling water or oil-water mixture containing pollutants into the environment in excess of allowable amount in accordance with the environmental standards, or use dispersants of oil in the water environment.

6. When detecting risks or acts of causing environmental pollution or oil spills, the operators of vessels, seagoing ships or foreign watercraft must immediately take effective response measures; at the same time, must immediately report the environmental pollution incidents or oil spills, or the forecast of possibility of environmental pollution incidents or oil spills to the nearest specialized management agencies.

7. Vessels, seagoing ships, seaplanes and foreign watercraft that operate on inland waterways, in water areas of ports, landing stages, and anchorages, shall be subject to inspection and supervision by specialized State management agencies on compliance with environmental protection regulations.

8. Vessels, seagoing ships, seaplanes and foreign watercraft anchored in water areas of inland waterway ports, landing stages, and anchorages are not allowed to:

a) Dredge the chimney or emit black smoke;

b) Clean the cargo hold or deck, thereby causing environmental pollution;

c) Discharge dirty water, oil, oil residue-water mixture and other hazardous liquids;

d) Dispose garbage or other objects and solid wastes from vessels or ships into the water or on the wharves of the inland waterway ports or landing stages;

dd) Remove rust and paint ships, thereby causing environmental pollution.

9. The captains/masters of vessels, seagoing ships, seaplanes and foreign watercraft, when operating on inland waterways and in water areas of inland waterway ports and landing stages, must comply with the following requirements:

a) When detecting risks or acts causing environmental pollution, the captains/masters must immediately inform the Port Authorities; at the same time, explicitly record the time, place and nature of the pollution incidents in the logbooks of the ships or vessels;

b) If any incident causing environmental pollution occurs due to the operation of the ships or vessels, the captains/masters thereof must immediately take effective response measures and promptly inform the Port Authorities.

10. The operators of vessels, seagoing ships or foreign watercraft that cause damage or environmental pollution must compensate and be handled in accordance with regulations.

Chapter V

PROCEDURES FOR VESSELS TO ARRIVE IN AND DEPART FROM INLAND WATERWAY PORTS, LANDING STAGES, AND ANCHORAGES

Article 50. Procedures for vessels, seagoing ships, seaplanes and foreign watercraft to arrive in and depart from inland waterway ports or landing stages

1. Vessels, seagoing ships, seaplanes and foreign watercraft arriving in and departing from inland waterway ports or landing stages must undergo the procedures to obtain entry permits and clearances.

2. Before a vessel or seaplane arrives in or departs from an inland waterway port or landing stage, the applicant shall send a notice of the vessel (registration number), arrival and departure time, type of cargoes or number of passengers to the Port Authority. Such notice shall be sent via SMS message, phone call, or in any other way. The captain/master or steersmen may only operate the vessel to arrive in or depart from the inland waterway port or landing stage if the consent of the Port Authority is obtained. The notice period shall be specified as follows:

a) 02 hours in advance, for cargo vessels;

b) 01 hour in advance, for passenger vessels or seaplanes.

3. The procedures for vessels and seaplanes to arrive in and depart from inland waterway ports or landing stages may be carried out in person, electronic means or otherwise specified.

4. Vessels, seagoing ships, seaplanes, and foreign watercraft arriving in or departing from inland waterway ports and landing stages must pay fees and charges in accordance with the regulations.

5. The regulations on procedures for vessels to arrive in and depart from inland waterway ports, landing stages, and anchorages in this Decree do not apply to the vessels that arrive in and depart from inland waterway ports, landing stages, and anchorages to perform national defense and security duties.

Article 51. Manners, deadlines and locations for carrying out the procedures for vessels, seagoing ships, seaplanes and foreign watercraft to arrive in or depart from inland waterway ports or landing stages

1. Procedures for vessels, seagoing ships, seaplanes and foreign watercraft to arrive in or depart from inland waterway ports or landing stages

a) Submitting or presenting documents in person at the Port Authorities;

b) Performing the electronic procedures on the Ministry of Transport’s portal (applicable to vessels, domestic seagoing ships, seaplanes);

c) Performing the electronic procedures on the National Single Window System (applicable to vessels, seagoing ships entering or exiting Vietnam, foreign watercraft);

d) Performing the electronic procedures on the ASEAN Single Window System;

dd) Otherwise specified by the law regulations.

2. The deadline for carrying out the procedures: within 30 minutes after all required documents are received, except for seagoing ships and foreign watercraft.

3. In the case where documents are submitted or presented in person for vessels, seagoing ships, seaplanes and foreign watercraft, the procedures can be carried out at the offices of Port Authorities or at the ports, landing stages or on such vessels (in the case where such vessels come from epidemic areas hit by diseases infected by people, animals and plants).

4. The process for carrying out the electronic procedures on the National Single Window System and the ASEAN Single Window System shall comply with relevant law regulations.

Article 52. Dossiers for grant of inland waterway port (landing stage) entry permits to vessels and seaplanes

1. The applicant shall submit the following documents:

a) The inland waterway port (landing stage) clearance, unless he/she is carrying out the electronic procedures;

b) The passenger list (applicable to passenger vessels).

2. The applicant shall present the originals of the following documents:

a) The certificate of vessel or seaplane registration (or a photocopy certified by a credit institution in the case where the vessel is pledged or mortgaged);

b) The technical safety and environmental protection certificate of the vessel;

c) The certificates of expertise, professional certificates of crewmen and steersmen;

d) The crew registry (if any);

dd) The contract of carriage or the cargo delivery note;

e) Civil liability insurance (applicable to vessels subject to compulsory civil liability insurance);

g) The certificate of airworthiness for seaplanes;

h) Permit to transport dangerous cargoes, plan to transport extra-long and super-heavy cargo (applicable to vessels that transport dangerous cargoes, extra-long and extra-heavy cargoes).

3. The document checker must return the documents specified in Clause 2 of this Article to the applicant after checking them, unless otherwise provided for by law regulations.

4. The applicant shall not present documents specified in Clause 2 of this Article if they are datafied onto electronic databases.

Article 53. Dossiers for grant of inland waterway port (landing stage) clearances to vessels and seaplanes

1. The applicant shall submit and present the following documents:

a) Documents to be submitted: passenger list (applicable to passenger vessels);

b) Documents to be presented: contract of carriage or waybill or cargoes delivery note; certificates of expertise, professional certificates of crewmen and steersmen if there is any change compared to those as of the time the vessel arrives in the inland waterway port or landing stage.

2. For any vessel that is newly built, converted or repaired, when it is launched, the owner of such vessel or the owner of the establishment that builds, converts, or repairs such vessel must present to the Port Authority the following documents:

a) Written record of final inspection certifying that the vessel is eligible for operation by the Register Office;

b) A plan to ensure the navigation safety upon launching the vessel, which shall be made by the owner of the establishment that builds, converts or repairs the vessel.

Article 54. Checking and grant of inland waterway port (landing stage) entry permits or clearances to vessels and seaplanes

1. The applicant may choose one of the manners specified in Clause 1, Article 51 of this Decree to carry out the procedures for vessels and seaplanes to arrive in or depart from inland waterway ports and landing stages and comply with the following regulations:

a) If the procedures are carried out in person at the authority’s office, the applicant shall submit and present the documents specified in Articles 52 and 53 of this Decree to the Port Authority;

b) If the procedures are carried out electronically, the applicant shall present the documents specified in Articles 52 and 53 of this Decree on the electronic software (selected by the applicant).

2. Checking documents of crewmen and the vessel

a) In case of receiving documents from the applicant in person, the Port Authority shall check the conformity of the documents in accordance with regulations;

b) In case of receiving documents via the electronic procedures, the Port Authority shall only check the database without physically checking the documents of the vessel, its crewmen and steersmen. It shall only physically check the documents if there is any error.

3. Inspection of the vessel

a) The Port Authority shall inspect the vessel taking into account its technical safety and environmental protection certificate;

b) If detecting any violation, the Port Authority shall notify and handle such violation and guide the applicant to take remedial measures and changes to ensure compliance with regulations.

4. Vessels and seaplanes may be granted inland waterway port (landing stage) entry permits and clearances if they satisfy the conditions specified in this Decree.

5. For vessels that are granted inland waterway port (landing stage) clearances but still anchored in water areas of the inland waterway ports or landing stages for more than 24 hours, the port (landing stage) clearances must be renewed in order to adjust the time of departure from the inland waterway ports or landing stages.

6. Inland waterway port (landing stage) entry permits and clearances may be made in written or electronic form. The inland waterway port (landing stage) entry permits and clearances of vessels and seaplanes shall be made in accordance with Forms No. 37 and No. 38 provided in the Appendix to this Decree.

7. Inland waterway port (landing stage) entry permits and clearances granted by the Inland Waterway Port Authorities and seaport/inland waterway port (landing stage) clearances granted by the Maritime Administrations shall be kept in paper or electronic form. The detention period of the paper permits is 2 years from the date they are granted. At the end of the detention period, the Port Authorities and the Maritime Administrations shall be responsible for canceling such permits.

Article 55. Procedures for arriving in or departing from inland waterway ports for waterway transport vessels crossing the Vietnam-Cambodia border

1. For the Kingdom of Cambodia’s inland waterway vessels arriving in or departing from Vietnam's inland waterway ports and Vietnamese vessels departing from Vietnam's inland waterway ports for Cambodia, in addition to the procedures specified in Articles 51, 52, 53 and 54 of this Decree, a cross-border waterway transport permit issued by a competent authority must also be presented.

2. In the case where the Kingdom of Cambodia’s inland waterway vessels and Vietnam’s waterway vessels entering or exiting for arriving in or departing from Vietnam’s inland waterway ports carry out the electronic procedures, Articles 56 and 57 of this Article shall apply.

3. In the case where the Kingdom of Cambodia’s inland waterway vessels and Vietnam’s waterway vessels entering or exiting Vietnam, arriving in or departing from Vietnam’s inland waterway ports do not carry out the electronic procedures, the documents shall be submitted and presented in person at the Port Authorities.

4. When a vessel arrives at the border gate, it must present the documents showing that it has completed exit procedures at the exit port to the State management agencies at the border gate to check before the vessel leaves the Vietnamese territory.

5. In the case where a vessel cannot exit to Cambodia as planned, the applicant must notify and return the documents showing that it has completed exit procedures to the exit border gate in order to cancel the exit dossier.

6. Inland waterway port clearances granted to Vietnamese and Cambodian inland waterway vessels to depart from Vietnam's inland waterway ports for Cambodia shall be made using Form No. 39 provided in the Appendix to this Decree.

Article 56. Electronic procedures for Vietnamese and Cambodian inland waterway vessels entering Vietnam and arriving in inland waterway ports

1. At least 02 hours before the expected arrival of the vessel at the border gate, the applicant shall make the below electronic declarations on the National Single Window Portal:

a) Notice of the vessel’s arrival in the inland waterway port, made using Form No. 48 provided in the Appendix to this Decree;

b) Inland waterway port clearance, made using Form No. 39 provided in the Appendix to this Decree;

c) General declaration, made using Form No. 40 provided in the Appendix to this Decree;

d) Crew list, made using Form No. 41 provided in the Appendix to this Decree;

dd) Passenger list, made using Form No. 42 provided in the Appendix to this Decree;

e) Cargo declaration, made using Form No. 43 provided in the Appendix to this Decree or contract of carriage or cargo delivery note or waybill;

g) Plant quarantine declaration for cargoes subject to plant quarantine, made using Form No. 44 provided in the Appendix to this Decree;

h) Animal quarantine declaration for cargoes subject to animal quarantine, made using Form No. 45 provided in the Appendix to this Decree;

i) Declaration of arms and explosives (if any) made using Form No. 46 provided in the Appendix to this Decree;

k) Declaration of stowaway (if any) made using Form No. 47 provided in the Appendix to this Decree.

2. Documents to be presented

a) Documents presented to the Port Authority: Technical safety and environmental protection certificate of the vessel, documents related to cargoes carried on board, certificate of vessel registration (or a photocopy certified by a credit institution in the case where the vessel is being mortgaged or mortgaged), certificates of expertise, professional certificates of crewmen and steersmen, a photocopy of the certificate of civil liability insurance (applicable to vessels subject to compulsory civil liability insurance), a permit to transport across the Vietnam-Cambodia border;

b) Documents presented to the customs office: Documents related to the cargoes carried on the vessel;

c) Documents presented to the border guards at the border gate: Passports and valid international travel documents of crewmen and passengers (if any);

d) Documents presented to the plant quarantine agency: plant quarantine certificates (for cargoes subject to plant quarantine);

dd) Documents presented to the animal quarantine agency: animal quarantine certificates of the country of departure (for cargoes subject to animal quarantine);

e) Documents to be presented to the medical quarantine agency: International vaccination certificates of crewmen, steersmen, passengers (in the case where they depart from or go through epidemic areas, or are suspected of contracting infectious agents).

3. Checking documents related to the vessel and crewmen

a) The Port Authority shall check the declarations, look up the data of the vessel and Vietnamese crewmen on the electronic databases of the competent authorities in order to carry out the procedures for granting an inland waterway port entry permit to the vessel;

b) The Port Authority shall only require the applicant to submit and present documents in the case where the databases do not contain data of the vessel, crewmen, or steersmen, or there is not enough electronic data for comparison, or the electronic documents are not eligible. The applicant shall only declare the data about the vessel and crewmen one time on the electronic software (selected by the applicant). The first Port Authority that carries out the procedures shall check and compare the declared data with the originals that have been presented to it in order to settle port entry procedures for the vessel or upon any change. The database of crewmen, steersmen, vessels and inland waterway ports shall be stored on the National Single Window Portal to serve as a database for subsequent procedures;

c) Deadline for presenting documents that are not contained in the database: Within 02 hours from the time the vessel anchors at the port or 04 hours when the vessel anchors in another location in the water area of the inland waterway port.

4. Responsibilities of specialized State management agencies for carrying out procedures at inland waterway ports

a) The Port Authority shall check the documents specified at Points a, b, c, d, dd, and e, Clause 1, and Point a, Clause 2 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Points a, b, and c, Clause 1 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

b) The customs office shall check the documents specified at Points a, c, d, dd, and e, Clause 1 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Point b, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

c) The border guards at the border gate shall check the documents specified at Points a, b, c, d, dd, i, and k, Clause 1 and Point c, Clause 2 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Points i and k, Clause 1, and Point c, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

d) The plant quarantine agency shall check the documents specified at Points c and g, Clause 1 and Point d, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents specified at Point g, Clause 1 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

dd) The animal quarantine agency shall check the documents specified at Points c and h, Clause 1 and Point dd, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents specified at Point h, Clause 1 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

e) The medical quarantine agency shall check the documents specified at Point e, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents it has checked in the case where the State management agencies jointly handle the case and have different.

5. Electronic grant of permits

No later than 30 minutes from the time the applicant completes the electronic declaration procedures and presents all the required documents, based on the feedback of the relevant authorities, the Port Authority shall grant the vessel an electronic inland waterway port entry permit via the National Single Window Portal;

Article 57. Electronic procedures to be undergone by Vietnamese and Cambodian inland waterway vessels departing from Vietnam's inland waterway ports

1. At least 02 hours before a vessel departs from the inland waterway port, the applicant shall make the below electronic declarations on the National Single Window Portal:

a) Notice of the vessel’s departure from the inland waterway port, made using Form No. 48 provided in the Appendix to this Decree;

b) List of crewmen and steersmen with their full titles;

c) List of passengers (for passenger vessels);

d) Declaration of cargoes, contract of carriage or bill of lading or waybill (for cargo vessels).

2. Documents to be presented

a) Documents presented to the Port Authority: Documents related to the cargoes carried on the vessel; written certification of payments of fees and charges as specified by the law, other than electronic payments; certificates of expertise, professional certificates of crewmen and steersmen; documents related to changes compared to the documents used to carry out inland waterway port entry procedures for the vessels;

b) Documents presented to the customs office: Documents related to the cargoes carried on the vessel;

c) Documents to be presented to the border guards at the border gate: Passports and valid international travel documents of crewmen and passengers (if any);

d) Documents presented to the plant quarantine agency: plant quarantine certificates (for cargoes subject to plant quarantine);

dd) Documents presented to the animal quarantine agency: animal quarantine certificates of the country of departure (for cargoes subject to animal quarantine);

e) Documents to be presented to the medical quarantine agency: International vaccination certificates of crewmen, steersmen, passengers (in the case where they depart from or go through epidemic areas, or are suspected of contracting infectious agents).

3. Checking certificates of the vessel and crewmen.

a) The Port Authority shall check the declarations, look up the data of the vessel and crewmen on the electronic databases of the competent authorities in order to carry out the procedures for granting an inland waterway port clearance to the vessel;

b) The Port Authority shall only require the applicant to submit and present documents in the case where the databases do not contain data of the vessel, crewmen, or steersmen, or there is not enough electronic data for comparison, or the electronic documents are not eligible. The applicant shall only declare the data about the vessel and crewmen one time on the electronic software (selected by the applicant). The Port Authority carrying out final procedures shall check and compare the declared data with the originals that have been presented to it in order to settle port clearance procedures for the vessel to depart from the Vietnamese inland waterway port or upon any change. The database of crewmen, steersmen and vessels departing from Vietnam's inland waterway ports shall be stored on electronic software to serve as a database for subsequent procedures.

4. Deadlines for submitting or presenting documents not contained in the database: At least 02 hours before the vessel departs from the port and border gate. For any passenger vessel, it can be done right at the time when the vessel is about to depart from the port and border gate.

5. Responsibilities of specialized State management agencies for carrying out procedures at inland waterway ports

a) The Port Authority shall check the documents specified in Clause 1 and Point a, Clause 2 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Point a, Clause 1 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

b) The customs office shall check the documents specified in Clause 1 and Point b, Clause 2 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Point b, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

c) The border guards at the border gate shall check the documents specified at Points a, b, and c, Clause 1 and Point c, Clause 2 of this Article; assume the primary responsibility and be competent to make final decisions on the documents specified at Points b and c, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

d) The plant quarantine agency shall check the documents specified at Point a, Clause 1 and Point d, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents specified at Point d, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

dd) The animal quarantine agency shall check the documents specified at Point a, Clause 1 and Point dd, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents specified at Point dd, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions;

e) The medical quarantine agency shall check the documents specified at Point e, Clause 2 of this Article, assume the primary responsibility and be competent to make final decisions on the documents specified at Point e, Clause 2 of this Article in the case where the State management agencies jointly handle the case and have different opinions.

6. Electronic grant of permits

a) No later than 30 minutes from the time the applicant completes the electronic declaration procedures and presents all the required documents, based on the feedback of the relevant authorities, the Port Authority shall grant the vessel an inland waterway port clearance on the electronic software;

b) In the case where the vessel has been granted an inland waterway port clearance but, when it arrives at the border gate, the competent authority at the border gate does not allow the vessel to exit Vietnam, a notice shall be sent to the vessel's owner clearly stating the reasons therefor and at the same time to the Port Authority that has granted the permit to depart from the port.

Article 58. Procedures for seagoing ships and foreign watercraft to arrive in or depart from inland waterway ports and to enter and exit Vietnam through inland waterway ports

1. Foreign watercraft and seagoing ships arriving in or departing from an inland waterway port and entering or exiting Vietnam through an inland waterway port shall carry out procedures specified by the maritime law regulations regarding vessels arriving in or departing from seaports and entering or exiting Vietnam through seaports and this Decree.

2. The forms of inland waterway port clearances, inland waterway port entry permits, and permits to enter and exit Vietnam through inland waterway ports shall comply with the maritime law regulations.

Article 59. Vessels, seaplanes, and seagoing ships arriving in or departing from anchorages

1. Vessels, seaplanes and seagoing ships arriving in or departing from the anchorages to transship cargoes or embark and disembark passengers must comply with the same procedures as arriving in and departing from inland waterway ports or landing stages specified in this Decree.

2. The permits to arrive in and depart from anchorages shall be made using Form No. 37 and Form No. 38 provided in the Appendix to this Decree.

3. The Ministry of Finance shall specify the rates of charges and fees for arriving in and departing from anchorages applicable to vessels, seaplanes and seagoing ships specified in Clause 1 of this Article.

Article 60. Exemption and simplification of inland waterway port (landing stage/anchorage) entry and clearance procedures

1. The types of vessels listed below are exempt from inland waterway port (landing stage/anchorage) entry and clearance procedures

a) Fire-fighting vessels; search, salvage and rescue vessels; dyke protection vessels; vessels, seagoing ships, seaplanes, and foreign watercraft seeking shelter from storm and flood;

b) On-duty vessels of state authorities and units of the armed forces; vessels or vessel convoys escorted or guided by the police;

c) Special-use vessels of specialized inland waterway management units;

d) Pilot boats, fishing boats;

dd) Cross-river passenger vessels at cross-river passenger landing stage;

e) Vessels (feeders) transporting passengers and cargoes from vessels, seagoing ships, and foreign watercraft (mother vessels) to ports or landing stages and vice versa. In this case, the mother vessel must undergo the same port (landing stage/anchorage) entry and clearance procedures. Before arriving in an inland waterway port or landing stage, the captain and steersmen of the vessel (feeder) specified at this Point must notify the Port Authority in writing or in other suitable means of communication;

g) Vessels carrying people, supplies and equipment to and from fish and seafood farms, and construction works on rivers, lakes, marshes, lagoons, coves, bays and at sea;

h) Non-commercial rudimentary vessels;

i) Cargo vessels (except those transporting dangerous cargoes) with the gross tonnage of less than 10 tons;

k) Vessels, seagoing ships, foreign watercraft, seaplanes arriving at inland waterway ports to receive fuel, food and foodstuffs.

2. Vessels, seagoing ships, and seaplanes may undergo simplified inland waterway port (landing stage/anchorage) entry and clearance procedures

a) When passenger vessels, which are registered to operate on fixed routes along which there are various inland waterway ports and landing stages, pull out to embark and disembark passengers, if no crewmen or steersmen are changed, they shall only undergo port entry and clearance procedures at the port (landing stage) of arrival and the last port (landing stage) of call;

b) When a vessel, seagoing ship, or seaplane, during one cargo shipment or passenger voyage, arrives in and departs from various inland waterway ports, landing stages, or anchorages under the management of a Port Authority’s representative without any change of passengers, crewmen, or steersmen, it shall only undergo entry procedures at the port (landing stage) of arrival and port clearance procedures at the last port (landing stage) of call. In this case, the movement of such vessel, seagoing ship, or seaplane between inland waterway ports and landing stages shall subject to shifting orders of the Port Authority. The shifting order shall be made using Form No. 49 provided in the Appendix to this Decree;

c) Passenger vessels and seaplanes regularly arrive in and depart from an inland waterway port or landing stage without any change of crewmen or steersmen, and vessels with valid technical safety and environmental protection certificates shall undergo port (landing stage) entry and clearance procedures for the first arrival. From the second arrival, only safety inspection and port (landing stage) clearance are required;

d) Vessels carrying raw materials, agricultural products and aquatic products from the place of production or farming to the port or landing stage of the processing plant, from which they depart without any cargo or any change of crewmen and steersmen, shall not undergo port (landing stage) clearance procedures;

dd) When a vessel arrives in or departs from an inland waterway port or landing stage under the management of a Port Authority Representative twice or more in a day, if no crewmen or steersmen are changed, the Port Authority shall check documents of such vessel and its crewmen in the first arrival. The inspection of safety conditions for the arrivals/departures shall comply with this Decree;

e) Vessels, seagoing ships, seaplanes, and foreign watercraft arrive at piers or wharves within seaport waters or maritime areas and then move to inland waterway ports or landing stages within the seaport waters or maritime areas to depart from such seaport waters or maritime areas, the Port Authority shall only carry out the port (landing stage) clearance procedures;

g) Vessels, seagoing ships, seaplanes, and foreign watercraft arrive at inland waterway ports or landing stages within seaport waters or maritime areas and move to seaport piers or wharves within the same seaport waters or maritime areas, the Port Authority shall only carry out the port (landing stage) entry procedures;

h) Vessels, seagoing ships, seaplanes, and foreign watercraft arrive at piers or wharves, or at inland waterway ports or landing stages within seaport waters or maritime areas and then travel among inland waterway ports or landing stages, or seaports within seaport waters or maritime areas, the Port Authority shall grant shifting orders to such vessels; The shifting order shall be made using Form No. 49 provided in the Appendix to this Decree.

3. In the case where the cargo vessel arriving in an inland waterway port or landing stage but the next port of call stated in its port clearance is a different inland waterway port or landing stage, the Port Authority shall carry out procedures for such vessel to arrive in such inland waterway port or landing stage and request the applicant to state the reasons for the change in the vessel's itinerary.

4. When a vessel departs from an inland waterway port or landing stage with an unidentified next port of call, the Port Authority shall state the (expected) next port of call proposed by the applicant in the port (landing stage) clearance.

Chapter VI

RESPONSIBILITIES FOR ORGANIZATIONS MANAGING INLAND WATERWAY NAVIGATION ACTIVITIES

Article 61. Responsibilities for coordination in management of inland waterway navigation activities

1. Specialized State management agencies on inland waterways and at inland waterway ports, landing stages, and anchorages must coordinate with each other in performing their tasks and comply with the law regulations to ensure safety, security and efficiency.

2. Problems arising related to the functions and tasks of other specialized State management agencies must be discussed and agreed so as to be resolved in a timely manner. In case of disagreement, they must promptly notify the Vietnam Inland Waterways Administration, the Vietnam Maritime Administration, the Traffic Police Department and the provincial-level Departments of Transport for settlement in accordance with the law regulations.

3. Responsibilities for coordination in management at inland waterway ports receiving foreign watercraft

a) Specialized State management agencies at inland waterway ports receiving foreign watercraft, when performing their duties, must comply with the law regulations and shall not cause any troubles or affect normal operations of enterprises, shipowners, cargo owners, vessels and other organizations and individuals in the inland waterway port areas;

b) Specialized State management agencies at inland waterway ports shall be responsible for closely coordinating with each other in timely and lawful settlement of procedures related to vessels, cargoes, passengers and crewmen when operating at inland waterway ports in accordance with this Decree and other relevant law regulations; notify the Port Authority of the results of settlement of procedures related to vessels, cargoes, crewmen and passengers when operating at inland waterway ports;

c) The Port Authority shall assume the prime responsibility for coordinating activities between specialized State management agencies in the inland waterway ports receiving foreign watercraft; discuss with authorities and enterprises to agree on the settlement of problems arising in relation to inland waterway navigation activities in the inland waterway port waters under their charge; request other specialized State management agencies at inland waterway ports to promptly notify the results of procedures; request operators of inland waterway ports, owners of vessels, captains and other relevant agencies and organizations to provide data and information on inland waterway navigation activities at inland waterway ports.

4. The competent authorities that agree on the construction and setting up, and announce the operation of inland waterway infrastructure facilities; approve the plans to ensure navigation safety; agree on the construction and setting up of facilities not belonging to inland waterway infrastructure; grant permits and give opinions on issues related to inland waterways, national defense and security must properly follow the processes specified in this Decree. In case of disagreement, they must send written replies clearly stating the reasons.

Article 62. Responsibilities of the Ministry of Transport for management of inland waterway navigation activities

1. Perform the State governance over inland waterway navigation activities nationwide; assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People's Committees in, organizing the implementation of this Decree.

2. Publish the list of inland waterway ports every 3 years, on the basis of the review, summarization and report of the Vietnam Inland Waterways Administration.

3. Direct the Vietnam Inland Waterways Administration to:

a) Inspect and guide the implementation of master plans, management and maintenance of inland waterway infrastructure on national inland waterways and exclusive inland waterways connected to national inland waterways;

b) Make report forms and guide the reporting on management of operation and maintenance of inland waterway infrastructure; and operations of inland waterway ports, landing stages, and anchorages;

c) Develop a database to manage channels, inland waterway ports, landing stages, and anchorages; vessels arriving in and departing from inland waterway ports, landing stages, and anchorages nationwide;

d) Publicize on an annual basis the list of inland waterway landing stages and anchorages, on the basis of the summary reports of the provincial-level Departments of Transport;

dd) Organize the inspection and examination of the observance of regulations on inland waterway navigation activities falling under their ambit of competence in accordance with the law regulations.

4. Announce routes of inland waterway vessels of VR-SB class; regulate the management of vessels of VR-SB class and on-board crewmen, and other activities in accordance with relevant law regulations in order to ensure safety and security in inland waterway navigation activities.

5. Perform other tasks and exercise other powers as specified in this Decree.

Article 63. Responsibilities for management of inland waterway navigation activities of relevant ministries

1. The Ministry of Public Security shall:

a) Assume the prime responsibility for, and coordinate with the Ministry of Transport, relevant ministries and sectors and the provincial-level People's Committees in, taking measures to ensure order and safety of inland waterway navigation;

b) Organize waterway traffic police forces to patrol, control and handle law violations on inland waterways against people and vessels participating in inland waterway navigation in accordance with the law regulations; investigate, make statistics and provide data on inland waterway navigation accidents;

c) Direct local police forces to strengthen coordination in protecting inland waterway infrastructure.

2. The Ministry of Natural Resources and Environment shall:

a) Assume the prime responsibility for, and coordinate with the provincial-level People's Committees and the Ministry of Transport in, managing the mining of sand, gravels and other minerals on rivers, canals, ditches, lakes, marshes, and lagoons related to the channels and channel protection corridors, thereby ensuring navigation safety and protecting the environment on inland waterways, and at inland waterway ports and landing stages;

b) Direct specialized inspectorates to coordinate with relevant authorities in inspecting mineral mining and environmental protection activities on inland waterways in accordance with regulations.

3. The Ministry of Agriculture and Rural Development shall:

a) Direct and guide fish farming and fishery organizations and individuals, and fishing vessels operating on inland waterways to take measures to ensure navigation safety;

b) Direct localities to create conditions for owners of inland waterway ports and landing stages to set up cargo warehouses and yards on land areas of inland waterway ports and landing stages; incorporate flood drainage systems that are suitable to actual conditions so as to keep inland waterway ports and landing operating during the flood-free period;

c) Cooperate with the provincial-level People's Committees to review and remove cargo yards and landing stages infringing upon the dyke protection corridors and other irrigation structures.

4. Relevant ministries and sectors shall be responsible for directing and guiding their affiliated specialized State management agencies to coordinate with each other in performing State governance over inland waterways, inland waterway ports, landing stages, and anchorages.

Article 64. Responsibilities of provincial-level People's Committees for management of inland waterway navigation activities

1. Direct and guide the People's Committees of districts and communes to organize the management and operation of cross-river passenger landing stages; take measures to protect inland waterway infrastructure, prevent encroachment and occupation of channel protection corridors; ensure order and safety of inland waterway navigation and take responsibility for local inland waterway navigation order and safety.

2. Manage rivers, canals, lakes, marshes and lagoons in the localities where the construction of channels has not yet been invested or the opening thereof is announced but regular navigation activities have been conducted, in order to ensure navigation order and safety.

3. Prioritize stable allocation of land for construction of inland waterway ports and landing stages. Direct advisory agencies to create conditions for organizations and individuals wishing to build and operate inland waterway ports and landing stages to be allocated or leased land, and to compile dossiers for announcement of operation in accordance with regulations.

4. Remove cargo loading and unloading landing stages whose operation is not eligible to be announced, and floating structures, restaurants, and hotels operating in contravention of regulations.

5. Disseminate, popularize, and educate the inland waterway navigation legislation; take measures to ensure inland waterway navigation order and safety in the localities.

6. Direct and organize the specialized State governance over inland waterway navigation at inland waterway ports, landing stages, anchorages on local inland waterways and exclusive inland waterways connected to inland waterways in the locality

7. Direct the provincial-level Departments of Transport to:

a) Inspect and guide the implementation of master plans, management and maintenance of inland waterway infrastructure within the scope of responsibilities assigned to them;

b) Make lists of local channels, exclusive channels connected to local channels, inland waterway ports, landing stages, anchorages under their management, cross-river passenger landing stages in the localities, and report them to the provincial-level People's Committees and Vietnam Inland Waterways Administration; organize the State governance at inland waterway ports, landing stages, and anchorages within the scope of responsibilities assigned to them;

c) Organize the traffic inspector forces to inspect and examine the observance of regulations on inland waterway navigation activities falling under their ambit of competence in accordance with the law regulations.

8. Perform other tasks and exercise other powers as specified in this Decree.

Article 65. Specialized State management at inland waterway ports, landing stages, and anchorages

1. Specialized State management at inland waterway ports, landing stages, and anchorages shall comply with Articles 71 and 72 of the Law on Inland Waterway Navigation and this Decree.

2. The Port Authorities under the Vietnam Inland Waterways Administration shall perform the functions of specialized State governance at inland waterway ports, landing stages (other than cross-river passenger landing stages), and anchorages that have been announced and licensed to operate on national inland waterways and exclusive inland waterways connected to national inland waterways as well as inland waterway ports, landing stages, and anchorages with land and water areas that are both on national inland waterways and local inland waterways, inland waterway ports, landing stages, and anchorages in seaport waters connected to national inland waterways, and other cases decided by the Ministry of Transport.

3. The Port Authorities under the provincial-level Departments of Transport or the authorities or units authorized by the provincial-level People's Committees in the localities where there are no Inland Waterway Port Authorities under the respective provincial-level Departments of Transport shall perform functions of specialized State management at inland waterway ports, landing stages (other than cross-river passenger landing stages), and anchorages which have been announced and licensed to operate on local inland waterways, exclusive inland waterways connected to local inland waterways as well as inland waterway ports, landing stages, and anchorages in seaport waters connected to local inland waterways, and other cases decided by the Ministry of Transport.

Article 66. Responsibilities of owners of ports and landing stages, operators of inland waterway ports, landing stages, and anchorages

Owners and operators of inland waterway ports, landing stages, anchorages shall:

1. Maintain safe and secure operation of inland waterway ports, landing stages, and anchorages, mooring equipment and inland waterway signals at inland waterway ports and landing stages; perform the tasks in the plans to ensure security for inland waterway ports receiving foreign watercraft.

2. Formulate operating rules of inland waterway ports, landing stages, and anchorages; list prices for loading and unloading cargoes and other services. Operating rules and lists of prices for loading and unloading cargoes must be displayed in convenient and conspicuous places and their contents shall be explicit and intelligible.

3. Install lighting systems for night operation; build passenger terminals in ports and landing stages where passengers are embarked and disembarked; for ports and passenger terminals, arrange traffic connections to support the disabled and the elderly.

4. Ensure loading and unloading equipment satisfies technical safety standards and is suitable for the load-bearing structure and capacity of the facilities. Arrange operators of loading and unloading equipment who must have operating licenses or certificates as specified by the law.

5. Not receive vessels without registration certificates or technical safety and environmental protection certificates, or with expired technical safety and environmental protection certificates.

6. Not load cargoes that exceed the size of the vessels or cause the vessels to be submerged more deeply than their safety waterlines, or not load cars in excessive quantity or weight onto the vessels; not load passengers more than the specified number of passengers onto the vessel; not load cargoes in excess of the allowable tonnage of the vessels.

7. Fully comply with the law regulations on loading and unloading hazardous and dangerous cargoes.

8. Not allow vessels, seagoing ships, seaplanes, and foreign watercraft to arrive in or depart from inland waterway ports, landing stages, and anchorages without entry permits or port clearances issued by the Port Authorities.

9. Maintain standardized exclusive channels to inland waterway ports or landing stages, and water areas of inland waterway ports, landing stages, and anchorages.

10. Be responsible for ensuring the safety and security of facilities at inland waterway ports, landing stages, and anchorages as well as passengers and vessels berthed at inland waterway ports, landing stages, and anchorages.

11. Arrange human resources to manage and operate inland waterway ports, landing stages, and anchorages to ensure order, safety, security and environmental protection.

12. If the operation of an inland waterway port, landing stage, or anchorage is outsourced or authorized, the outsourced or authorized operator must comply with the law regulations on management and operation of inland waterway infrastructure specified in this Decree and other relevant law regulations.

13. Actively rescue people, cargoes and vessels when accidents occur; report and coordinate with competent authorities to deal with and overcome consequences of accidents and environmental pollution; obey the mobilization of the Port Authorities or relevant authorities in rescuing people, cargoes and vessels in distress in water areas of inland waterway ports and landing stages, and perform natural disaster prevention tasks.

14. Receive and maintain the lists of passengers submitted by the applicants.

15. Regularly update data of inland waterway ports, landing stages, anchorages in operation, data of vessels, cargoes and passengers passing through inland waterway ports, landing stages, and anchorages on the database of the Vietnam Inland Waterways Administration.

Article 67. Responsibilities of captains and steersmen of vessels, seagoing ships, foreign watercraft and seaplanes operating in water areas of inland waterway ports, landing stages, and anchorages

Captains and steersmen of vessels, seagoing ships, seaplanes and foreign watercraft operating in water areas of inland waterway ports, landing stages, and anchorages shall:

1. Berth or moor the vessels at the places arranged by the Port Authorities.

2. Comply with the regulations of inland waterway ports, landing stages, anchorages and regulations on natural disaster prevention, fire safety, and environmental incidents; comply with the Port Authorities’ shifting orders in case of emergency.

3. Assign people on duty to maintain the operation of engines and safety equipment; communication equipment; main engines of the vessels always in a state of readiness to respond to unsafe incidents in time.

4. In case of detecting people and animals with infectious diseases or plants capable of causing diseases on board the vessels, immediately report the cases to the Port Authorities or the local authorities of the localities where the inland waterway ports, landing stages, and anchorages are located, and other relevant authorities, and anchor the vessels in quarantined areas for handling.

5. During the process of loading and unloading cargoes or embarking and disembarking passengers, check and prepare necessary conditions to ensure labor safety; if detecting signs of unsafety, immediately stop loading and unloading cargoes to take remedial measures. Not load cargoes that exceed the size of the vessels or cause the vessels to be submerged more deeply than their safety waterlines, not embark passengers in excess of the allowable number.

6. Only allow vessels to depart from inland waterway ports, landing stages, and anchorages when they are stable and the weather conditions are favorable. Captains/masters and steersmen of the vessels must be responsible for the safety and security of passengers, vessels, seagoing ships, seaplanes and foreign watercraft when departing from inland waterway ports, landing stages, and anchorages; after departing from inland waterway ports or landing stages, if there is any change of crewmen, the captains must notify the Port Authorities issuing the inland waterway port (landing stage) clearances.

7. Not obstruct or impede law enforcement officers or crewmen of other vessels passing through their vessels.

8. When a vessel drifts or has its anchorage changed due to objective reasons, immediately take measures to ensure safety and notify the Port Authority.

9. Captains/masters, crewmen and steersmen of vessels operating at inland waterway ports, landing stages, and anchorages are obliged to rescue people and watercraft that suffer accidents in the waters of the respective inland waterway ports, landing stages, and anchorages.

10. When detecting an accident or the danger of an accident, the captain/master, crewmen, or steersmen of the vessel in distress must immediately give a distress signal as specified and immediately take measures to rescue people and property, and promptly notify the Port Authority or the police or the commune-level People's Committee of the locality where the inland waterway port or landing stage is located for timely handling.

11. Obey the mobilization of the Port Authorities, the police and the local authorities of their vessels, equipment and tools for search and salvage.

12. In the case of a shipwreck, after rescuing people and property, the ship's captain/master or steersmen must put up a signal ass specified, organize warnings and immediately report the case to the vessel's owner for salvage. The handling of ships and property sunk in water areas of inland waterway ports and landing stages shall comply with the Government's regulations on handling of sunken property on inland waterways.

13. Captains/masters of foreign watercraft must raise the national flag of the Socialist Republic of Vietnam at the top of the highest mast. In the case where it is necessary to fly the ceremonial flag or mourning flag, or blow the whistle on the ceremonial occasions of their countries, the Port Authorities must be notified in advance.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 68. Effect

1. This Decree takes effect from March 15, 2021.

2. Article 3, Article 4, Article 5, Article 10 of Decree No. 24/2015/ND-CP dated February 27, 2015, of the Government, detailing and implementing a number of articles of the Law on Inland Waterway Navigation and the Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation are hereby annulled.

3. Regulations related to electronic procedures for inland waterway vessels of the Kingdom of Cambodia entering and exiting Vietnam through Vietnamese inland waterway ports and Vietnamese inland waterway vessels departing for Cambodia from inland waterway ports in Decision No. 34/2016/QD-TTg dated August 23, 2016, of the Prime Minister, regulating electronic procedures for ships arriving in and departing from sea ports, inland waterway ports, offshore oil and gas terminals through the National Single Window System are hereby annulled.

Article 69. Transitional provisions

1. For national channels that have been announced and put into operation before the effective date of this Decree, the Vietnam Inland Waterways Administration shall continue to organize the management and maintenance thereof and, at the same time review, classify and transfer assets to satisfy the requirements specified in Clause 2, Article 7 of this Decree.

2. In the case where the investment policies of the investment projects on construction of inland waterway infrastructure facilities have been approved before the effective date of this Decree and are still valid, they shall continue to be implemented in accordance with the written approvals. In the case where the validity periods of the written approvals have expired but the projects have not been implemented, if the construction investment continues, this Decree shall prevail.

3. Inland waterway ports and landing stages that have been announced or licensed for operation before the effective date of this Decree may be operated within the durations specified in the respective decisions or licenses. When such durations expire, if the operation continues, the operation shall be re-announced in accordance with this Decree.

4. With regard to inland waterway ports and landing stages within seaport waters under specialized management by Port Authorities at inland waterway ports and landing stages before the effective date of this Decree, they shall continue to perform their management functions until the end of December 31, 2023. From January 1, 2024 onwards, the management of inland waterway ports and landing stages in seaport waters shall comply with this Decree.

5. With regard to inland waterway ports and landing stages in seaport waters that have been approved for construction before the effective date of this Decree, the written approvals thereof shall prevail. The authorities approving the policies on construction of inland waterway ports and landing stages shall announce the operation of such inland waterway ports and landing stages.

6. The detention period of the port (landing stage) entry permits and clearances, or seaport clearances that have been issued before the effective date of this Decree shall comply with Clause 7, Article 54 of this Decree.

Article 70. Responsibilities for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and relevant organizations, individuals shall take responsibility for the implementation of this Decree./.