Decree 57/2024/ND-CP management of dredging activities in seaport waters and inland waterway waters

DECREE

On management of dredging activities in seaport waters and inland waterway waters^[1]

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

Pursuant to the November 17, 2020 Law on Environmental Protection;

Pursuant to the June 25, 2015 Law on Marine and Island Resources and Environment;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 23, 2023 Bidding Law;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the June 18, 2020 Law on Investment in the Form of Public-Private Partnership;

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

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation; and the June 17, 2014 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 promulgates the Decree on management of dredging activities in seaport waters and inland waterway waters.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management of dredging activities related to maritime infrastructure and inland waterway infrastructure in seaport waters and inland waterway waters.

Article 2. Subjects of application

This Decree applies to Vietnamese and foreign agencies, organizations and individuals involved in dredging activities for maritime infrastructure and inland waterway infrastructure in seaport waters and inland waterway waters.

Article 3. Interpretation of terms

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

1. Seaport waters means the waters delimited for the establishment of waters in front of wharves, buoy berths, turning basins, anchorage areas, transshipment areas, storm shelters, pilot boarding areas, quarantine areas, navigation channels and other auxiliary works.

2. Inland waterway waters include inland waterways, channel protection corridors, and waters of inland waterway ports and landing stages.

3. Dredging means construction activities with the use of motorized and hydraulic vehicles and equipment for underwater construction to take away dredged materials, which covers maintenance dredging, basic dredging and emergency dredging.

4. Basic dredging means dredging activities carried out for the first time in order to create new waters for meeting the operation and use needs, or investment activities for upgrading, or expanding the scope of, existing waters.

5. Maintenance dredging means dredging activities for maintenance of works to make them conformable with design specifications or standards and technical specifications declared by competent agencies.

6. Quality-based dredging means contracted maintenance dredging activities in order to maintain standards for a specified period of time.

7. Dredging of a navigation channel covers dredging of a navigation channel and turning basins associated with such navigable channel.

8. Emergency dredging means an urgent task that must be performed in order to immediately remedy or promptly handle consequences caused by disasters, accidents or incidents on navigation channels that cause congestion or obstruction to maritime navigation or navigation on inland waterways or by other force majeure events in order to ensure navigation safety and safety for works.

9. Dredged materials means materials obtained from dredging activities.

10. Dredging combined with product recovery means dredging activities involving salvage of dredged materials.

11. Salvaged product means the part of dredged materials that is salvaged for use for the purpose and demand accepted or approved by a competent agency.

12. Automatic identification system (AIS) means a system consisting of the following basic components: AIS equipment, AIS coast station and AIS data center.

Chapter II

MANAGEMENT OF DREDGING ACTIVITIES IN SEAPORT WATERS AND INLAND WATERWAY WATERS

Article 4. Principles of carrying out dredging activities in seaport waters and inland waterway waters

1. Dredging activities must comply with this Decree and relevant regulations in order to ensure technical specifications of channels, maritime safety, maritime security and inland waterway navigation safety; prevent environmental pollution; prevent and control landslides; protect river beds, banks and plains and water source protection corridors; ensure safety for the system of dikes, hydraulic structures, maritime infrastructure, inland waterways and other works; and avoid waste and loss of natural resources of the country.

2. It is not permitted to carry out dredging activities in seaport waters and inland waterway waters that obstruct shelter activities of ships during floods, storms or disasters.

3. For maintenance dredging activities in waters in front of harbors and seaport wharves; waters of inland waterway ports and landing stages; and special-use navigation channels of organizations and individuals, it is only required to prepare and approve techno-economic reports in accordance with the construction law, Chapter II of this Decree, relevant provisions of the specialized maritime law, and regulations on repair and renovation of inland waterway ports and landing stages.

4. Dredging activities using public investment funds must comply with the law on public investment.

5. To encourage, and create favorable conditions for, organizations and enterprises of all economic sectors to carry out dredging and maintenance activities for, and invest in the development of, infrastructure of navigation channels and inland waterways and take accountability for funding and investment efficiency; to enhance the role of organizations and enterprises in sharing the responsibilities for investment and maintenance of infrastructure of navigation channels and national inland waterways as part of their investment projects on seaport operation.

6. Areas and places for receiving and dumping dredged materials may receive the whole or part of dredged materials from projects and works in a province and neighboring provinces.

Article 5. Requirements on dredging activities and dumping of dredged materials

1. Before carrying out dredging activities, a project/work owner shall notify the implementation plan (dredging time and schedule, scale of the work subject to the dredging, type and number of vehicles for the dredging, form of implementation, onshore area or place for receiving dredged materials or area or place for sea dumping) to the specialized management agency (regional maritime administration or regional inland waterway management agency) and the provincial-level People’s Committee of the locality where the work is located, and install signboards in areas close the construction site. Such a signboard must show the following information: the project approval agency, project/work owner, investor, project management unit, supervision consultancy unit, unit in charge of the dredging, scale of the work, dredging progress, time of dredging commencement and completion, funding sources for implementation, form of implementation, and onshore area or place for receiving dredged materials or for area or place for sea dumping.

2. Project/work owners and investors of projects on dredging in seaport waters and inland waterway waters shall organize the supervision of dredging activities and dumping of dredged materials during the period from the commencement to the completion of dredging activities, covering:

a/ Closely monitoring vehicles and equipment used for the dredging to ensure that the dredging activities are carried out within the scope and according to the design of the work;

b/ Closely tracking the itinerary of vehicles and equipment for transport, sea dumping of dredged materials, and dumping of dredged materials into areas and places approved or accepted by competent licensing agencies;

c/ Inspecting and supervising the installation and maintaining the operation of dredging monitoring equipment, and organizing the management of dredging monitoring data to ensure the satisfaction of management, inspection and supervision requirements;

d/ Supervising dredging activities to ensure the satisfaction of safety and environmental protection requirements and other law-specified requirements.

3. Vehicles and equipment used for the dredging and vehicles for transporting dredged materials shall be mounted with dredging monitoring equipment and must meet operation conditions specified by law.

4. Requirements on dredging monitoring equipment:

a/ Dredging monitoring equipment mounted on vehicles for dredging: AIS equipment for automatic provision of information on dredging positions of vehicles via the AIS coast station to the AIS data center;

b/ Dredging monitoring equipment mounted on vehicles for transporting and dumping dredged materials include: AIS equipment for provision of information on the itinerary of vehicles via the AIS coast station to the AIS data center; video-recording devices for provision of images of compartments storing dredged materials from the commencement of receiving dredged materials, during the itinerary of vehicles to dumping places, from the commencement to the completion of dumping of dredged materials into designated places;

c/ Dredging monitoring equipment shall be mounted in appropriate and fixed positions on vehicles for dredging and vehicles for transporting and dumping dredged materials which are convenient for the full recording and storage of data and images, together with measures against data falsification impacts (such as lead clamps, seals, etc.), thereby ensuring uninterrupted and stable operation throughout the course of dredging.

d/ Monitoring equipment on vehicles for dredging and vehicles for transporting dredged materials shall be invested by contractors. AIS coast stations and AIS data centers shall be built by project owners or investors or may be hired.

Article 6. Environmental protection activities

Environmental protection activities for dredging projects and works related to maritime infrastructure and inland waterway infrastructure in seaport waters and inland waterway waters must comply with the Law on Environmental Protection, the Law on Marine and Island Resources and Environment, and relevant legal documents.

Article 7.  Areas and places for receiving dredged materials

1. Order and procedures for announcement of onshore areas and places for receiving dredged materials

a/ Annually, provincial-level People’s Committees shall post on their websites and at their head offices the information on the need to seek areas and places for receiving dredged materials in their localities;

b/ An organization or individual owning an area or a place for receiving dredged materials shall hand-deliver a dossier of request for receipt of dredged materials or send it via postal system or online public service system to the provincial-level People’s Committee. The dossier must comprise: A written request for receipt of dredged materials, made according to the form provided in Appendix I to this Decree; a certified copy or an electronic copy certified from the original of the land use rights certificate or a competent agency’s document permitting the use of the land area;

c/ Within 30 days after receiving a complete dossier specified at Point b of this Clause, the provincial-level People’s Committee shall send a written reply to the requester, stating whether or not its/his/her area or place is qualified for receiving dredged materials;

d/ Provincial-level People’s Committees shall list and announce onshore areas and places for receiving dredged materials, including areas and places proposed by organizations and individuals and areas and places on the State-managed land areas that are qualified for receiving dredged materials. Such announcement shall be included in a decision, which shall be issued according to the form provided in Appendix II to this Decree, and publicly posted on the websites and at head offices of provincial-level People’s Committees.

2. Announcement of areas and places for sea dumping of dredged materials

Provincial-level People’s Committees shall make lists of areas and places for sea dumping of dredged materials according to the form provided in Appendix II to this Decree which include waters beyond 6 nautical miles, and announce and publicly post such lists on their websites and at their head offices.

3. Order and procedures for approving onshore areas and places for receiving dredged materials and areas and places for sea dumping

a/ Based on the list of onshore areas and places for receiving dredged materials and areas and places for sea dumping as announced by the provincial-level People’s Committee, a project/work owner shall hand-deliver or send via postal system or online public service system a written request to the provincial-level People’s Committee for approval of the area or place for receiving dredged materials for the project/work. In case the provincial-level People’s Committee has yet to announce the list or onshore areas and places for receiving dredged materials and areas and places for sea dumping or the announced onshore area or place for receiving dredged materials or area or place for sea dumping fails to meet economic and technical criteria of the project/work, the provincial-level People’s Committee shall approve the onshore area or place for receiving dredged materials or area or place for sea dumping on the basis of the project/work owner’s request.

b/ Within 30 days after receiving a written request, the provincial-level People’s Committee shall issue a written reply on approval of an appropriate onshore area or place for receiving dredged materials or area or place for sea dumping to the project/work owner. In case of disapproval, the provincial-level People’s Committee shall issue a written reply, clearly stating the reason.

c/ The provincial-level People’s Committee shall send a notice to the owner of the area or place for receiving dredged materials.

4. For the approval of an area or a place for receiving dredged materials for an emergency dredging project/work: Within 3 working days after receiving the project/work owner’s proposal, the provincial-level People’s Committee shall issue a written reply on approval of the area or place for receiving dredged materials for the project/work.

Article 8. Management of dredged materials

1. In case dredged materials are dumped into an onshore area or place approved by the provincial-level People’s Committee, the project/work owner and the organization or individual receiving the dredged materials are not required to comply with relevant regulations on natural resources and minerals. After the project/work is completed, the project/work owner shall hand over the area or place for receiving dredged materials to the provincial-level People’s Committee or an organization or individual permitted by the provincial-level People’s Committee to receive dredged materials for management, and take measures to store or treat dredged materials so as not to pollute the surrounding environment. In case of handover of dredged materials to the permitted organization or individual, the project/work owner shall report such to the provincial-level People’s Committee for management under regulations.

2. In case dredged materials are dumped at sea, after the expiration of the time limit for dumping of dredged materials, the project owner shall send a report on results of the dumping and environmental monitoring and supervision under the project to the agency competent to grant a sea dumping permit and designate sea areas for dumping.

Chapter III

DREDGING OF PUBLIC NAVIGATION CHANNELS, NATIONAL INLAND WATERWAYS AND LOCAL INLAND WATERWAYS

Section 1

MAINTENANCE DREDGING WITH THE USE OF STATE BUDGET FUNDS

Article 9. Funding sources for maintenance dredging of public navigation channels and inland waterways

Maintenance dredging of public navigation channels is a public non-business service for maritime safety assurance; maintenance dredging of inland waterways is a public non-business service for management and maintenance of inland waterways, which shall be covered by the state budget’s recurrent expenditures and other lawful funding sources.

Article 10. Assignment of tasks for organization of implementation

1. Agencies assigning plans and budget estimates:

a/ The Ministry of Transport shall assign maintenance dredging plans and state budget expenditure estimates for maintenance dredging of public navigation channels and national inland waterways;

b/ Provincial-level People’s Committees shall assign maintenance dredging plans and state budget expenditure estimates for maintenance dredging of local inland waterways and national inland waterways assigned to them for management.

2. For projects on maintenance dredging of public navigation channels and national inland waterways: The Director of the Vietnam Maritime Administration and the Director of the Vietnam Inland Waterways Administration shall perform the responsibilities of persons competent to decide on investment in accordance with the construction law; the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall exercise the competence of project owners in accordance with the construction law.

3. For projects on maintenance dredging of local inland waterways and national inland waterways assigned to localities for management (below referred to as inland waterways managed by provincial-level People’s Committees): Provincial-level People’s Committees shall exercise the competence of investment deciders and assign their attached agencies and units to exercise the competence of project owners.

Article 11. Forms of implementation

1. Forms of maintenance dredging of public navigation channels and inland waterways with the use of state budget funds include actual volume-based dredging and quality-based dredging.

2. The Ministry of Transport shall:

a/ Decide on forms of maintenance dredging for public navigation channels and national inland waterways;

b/ Provide detailed regulations on quality-based dredging and emergency dredging.

3. Provincial-level People’s Committees shall decide on forms of maintenance dredging for inland waterways under their management.

Article 12.  Implementation procedures

For projects on maintenance dredging of public navigation channels and inland waterways with the use of state budget funds, it is only required to prepare techno-economic reports on construction investment and follow the following steps:

1. Formulating maintenance dredging plans under Article 13 of this Decree.

2. Assigning state budget expenditure estimates under Article 14 of this Decree.

3. Carrying out environmental protection procedures under regulations.

4. Preparing, appraising and approving techno-economic reports on construction investment under Article 15 of this Decree.

5. Organizing contractor selection under Article 16 of this Decree.

6. Handing over the site, and organizing inspection, supervision and management of the construction of works under Articles 17 and 18 of this Decree.

7. Carrying out acceptance testing, payment and final settlement for works under Article 19 of this Decree.

8. Implementing regulations on management of dredged materials under Article 8 of this Decree.

Article 13. Formulation of maintenance dredging plans

1. The Ministry of Transport shall organize the formulation and approval of maintenance dredging plans for public navigation channels and national inland waterways under its management which shall be included in annual maintenance plans.

2. Provincial-level People’s Committees shall organize the formulation and approval of maintenance dredging plans for inland waterways under their management which shall be included in annual maintenance plans.

Article 14. Assignment of state budget expenditure estimates

1. The Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall make state budget expenditure estimates and submit them to the Ministry of Transport for summarization under regulations.

2. Based on the assigned state budget expenditure estimates, the Ministry of Transport shall assign state budget expenditure estimates to the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration.

3. Provincial-level People’s Committees shall assign expenditure estimates for maintenance dredging projects for inland waterways under their management.

4. The assignment of expenditure estimates for projects on maintenance dredging of public navigation channels and inland waterways shall be based on approved plans on maintenance of maritime works and inland waterways. Techno-economic reports on construction investment and cost estimates are not required for works approved by competent authorities.

Article 15. Preparation, appraisal and approval of techno-economic reports on construction investment

1. The formulation, appraisal and approval of techno-economic reports on construction investment must comply with the construction law.

2. Designs of construction drawings of techno-economic reports on construction investment shall be made on the basis of the depth plan, enclosed with the latest notice-to-mariners of navigation channels and notice of inland waterway channels in the year of preparation of techno-economic reports on construction investment or survey performance. The designed volume of dredging includes the volume calculated according to standards or technical regulations applicable to the works and the expected alluvial soil volume from the time of survey for issuance of the notice-to-mariners and notice of inland waterway channels to the time of survey for site handover.

Article 16. Organization of contractor selection

Project owners shall organize the selection of contractors in accordance with law. For the maintenance dredging of public navigation channels and national inland waterways, the Director of the Vietnam Maritime Administration and the Director of the Vietnam Inland Waterways Administration shall perform the responsibilities of competent persons in accordance with the bidding law.

Article 17. Handover of construction site

Project owners shall carry out surveys to determine volumes for site handover. A survey for site handover shall be carried out no more than 15 days before the commencement of dredging activities. The volume for site handover serves as a basis for determining the official contract value.

Article 18. Organization of inspection, supervision and management of dredging activities

The inspection, supervision and management of the maintenance dredging of public navigation channels and inland waterways must comply with Articles 4 and 5 of this Decree, the Ministry of Transport’s guidance and relevant regulations.

Article 19. Acceptance testing, payment and final settlement

1. The acceptance testing, payment and final settlement of works shall be carried out on the basis of signed contracts, actual volume of dredging jobs eligible for acceptance in conformity with the scope and requirements of designs; standards or technical regulations on designing, execution and acceptance testing applicable to works; and bidding dossiers, construction contracts, regulations on cost management and construction contracts applicable to works, and relevant regulations.

2. Project owners shall organize the acceptance testing for dredging stages (if any) and completion of works for being put into use under regulations.

3. For quality-based dredging, the acceptance testing shall be carried out as follows:

a/ Organizing the acceptance testing of the completion of a phased-out dredging project for each execution phase (every 6 months and 1 year);

b/ Organizing the acceptance testing of the completion of the dredging project at the end of the contract term;

c/ The acceptance testing specified at Points a and b, Clause 3 of this Article shall be carried out based on the quality of performed jobs (but not on the dredging volume) and recorded in a minutes.

Section 2

DREDGING OF NAVIGATION CHANNELS AND INLAND WATERWAYS WITH THE USE OF OTHER LAWFUL FUNDING SOURCES

Article 20. Dredging of navigation channels and national inland waterways

1. Procedures for approving proposals for dredging of navigation channels and national inland waterways

An organization or enterprise that wishes to carry out dredging (including also basic dredging, maintenance dredging and emergency dredging) of navigation channels and national inland waterways with its own funds (not combined with product recovery), shall hand-deliver or send by post or via the online public service system to the Ministry of Transport 1 (one) written proposal, made according to the form provided in Appendix III to this Decree. Based on the approved relevant strategies, master plans, plans and solutions on mobilization of capital for the development of infrastructure of navigation channels and national inland waterways and the capacity to balance state budget funds for channel dredging, the Ministry of Transport shall check the dossier and issue a written approval within 15 (fifteen) days after receiving the proposal from the organization or enterprise. In case of disapproval, the Ministry of Transport shall issue a written reply to the organization or enterprise, clearly stating the reason.

2. The project implementation process must comply with the maritime and inland waterway regulations and relevant regulations.

3. Dredging procedures must comply with Clauses 3, 4, 6, 7 and 8, Article 12 of this Decree.

4. Inspection and supervision must comply with Article 18 of this Decree.

5. After completing the dredging activities, organizations and enterprises shall carry out the acceptance testing of the completion of the works and hand them over to the Ministry of Transport for management and use.

For channel routes serving only one port investor as port operator, the Ministry of Transport shall consider permitting such port operator to take charge of annual maintenance dredging, ensuring conformity with standards and technical specifications of channels as declared by competent agencies.

In case organizations and enterprises fail to allocate sufficient resources for maintenance dredging or do not continue with the maintenance dredging, they shall report such to the Ministry of Transport for the latter to consider balancing state budget funds for maintenance dredging of channel routes.

Article 21. Dredging of local inland waterways

1. Procedures for approving proposals for dredging of local inland waterways

An organization or enterprise that wishes to carry out dredging (including also basic dredging, maintenance dredging and emergency dredging) of local inland waterways with its own funds (not combined with product recovery), shall hand-deliver or send by post or via the online public service system to the provincial-level People’s Committee 1 (one) written proposal, made according to the form provided in Appendix III to this Decree. Based on the approved relevant strategies, master plans, plans and solutions on mobilization of capital for the development of infrastructure of local inland waterways and the capacity to balance state budget funds for channel dredging, the provincial-level People’s Committee shall check the dossier and issue a written approval within 15 (fifteen) days after receiving the proposal from the organization or enterprise. In case of disapproval, the provincial-level People’s Committee shall issue a written reply to the organization or enterprise, clearly stating the reason.

2. The project implementation process must comply with inland waterway regulations and relevant regulations.

3. Dredging procedures must comply with Clauses 3, 4, 6, 7 and 8, Article 12 of this Decree.

4. Inspection and supervision must comply with Article 18 of this Decree.

5. After completing the dredging activities, the organization or enterprise shall carry out the acceptance testing of the completion of the works and hand them over to the provincial-level People’s Committee for organization of management and use.

For channel routes serving only one port investor as port operator, the provincial-level People’s Committee shall consider permitting such port operator to take charge of annual maintenance dredging, ensuring conformity with standards and technical specifications of channels as declared by competent agencies.

In case organizations and enterprises fail to allocate sufficient resources for maintenance dredging or do not continue with the maintenance dredging, they shall report such to provincial-level People’s Committees for the latter to consider balancing state budget funds for maintenance dredging of channel routes.

Chapter IV

DREDGING COMBINED WITH PRODUCT RECOVERY

Article 22. Dredging combined with product recovery

1. The content on dredging combined with product recovery for maritime infrastructure and inland waterway infrastructure in seaport waters and inland waterway waters under the management of the Ministry of Transport or provincial-level People’s Committees must be included in projects and comply with the provisions of this Chapter (below referred to as projects managed by the Ministry of Transport or provincial-level People’s Committees).

2. Dredging in waters in front of landing stages and wharves; waters of inland waterway ports and landing stages; and special-use navigation channels combined with product recovery:

a/ Dredging project owners shall comply with the investment and construction laws and are not required to implement their projects according to the procedures specified in Article 23 of this Decree;

b/ Dredging project owners shall carry out geological surveys, take samples for analysis of composition, physico-mechanical and chemical properties of dredged materials under regulations. Dredged materials that are salvaged must comply with the laws on natural resources and minerals.

3. Auction may not be held for dredged materials that are salvaged as specified in Clauses 1 and 2 of this Article.

4. Dredged materials that are not salvaged of the projects specified in Clauses 1 and 2 of this Article must comply with Articles 7 and 8 of this Decree.

Article 23. Procedures for project implementation

1. Making and announcement of lists of projects under Articles 26 and 27 of this Decree:

a/ The Ministry of Transport shall make and announce the list of projects under its management;

b/ Provincial-level People’s Committees shall make and announce lists of projects under their management.

2. Formulation and appraisal of feasibility study reports and approval of projects under Articles 28, 29, 30 and 31 of this Decree.

3. Selection of investors and signing of project contracts under Articles 32, 33, 34 and 35 of this Decree.

4. Implementation of project contracts, handover of projects, and auditing and final settlement of investment capital under Articles 36, 37, 38, 39, 40, 41 and 42 of this Decree.

Article 24. Agencies competent to implement projects

1. For projects on lists announced by the Ministry of Transport:

a/ For a project located in 1 (one) province or centrally run city, the provincial-level People’s Committee of the locality where the project is located is competent to implement such project.

b/ For a project located in 2 (two) or more provinces or centrally run cities, the Ministry of Transport shall consult the provincial-level People’s Committees of the localities within the project scope before deciding to assign 1 (one) provincial-level People’s Committee to act as the agency competent to implement the project according to the following criteria: capacity and resources for project implementation; socio-economic efficiency; locality having wharves and landing stages capable of receiving ships with announced tonnage in conformity with standards and technical specifications of navigation channels after the project is completed.

2. Provincial-level People’s Committees are competent to implement projects on the lists they announce.

3. Agencies competent to implement projects shall organize the implementation of Clauses 2, 3 and 4, Article 23 of this Decree.

Article 25. Project expenses

1. Project expenses specified by the laws on construction and environmental protection and relevant laws include:

a/ Expenses for formulation, verification (if any) and appraisal of feasibility study reports, and for approval of projects;

b/ Expenses for formulation, appraisal and approval of environmental impact assessment reports, or for grant of sea dumping permits or environmental licenses or environmental registration certificates in accordance with the law on environmental protection and relevant regulations;

c/ Expenses for organization of investor selection;

d/ Expenses for operation of competent state agencies, representatives of competent state agencies and project management units; expenses for auditing of investment capital final-settlement reports;

dd/ Expenses for hiring of consultants to support the performance of a number of activities under the responsibility of project management units;

e/ Expenses for organization of conferences, seminars, and negotiations for project contracts and related contracts;

g/ Dredging expenses;

h/ Construction investment consultancy expenses and other expenses related to projects.

2. The expenses specified in Clause 1 of this Article shall be covered by the following capital sources:

a/ The expenses specified at Points a and b, Clause 1 of this Article shall be covered by capital sources of enterprises that propose the formulation of projects’ feasibility study reports. Recurrent expenditures of local budgets in annual plans of localities for project implementation shall be used in case no enterprise proposes the formulation of projects’ feasibility study reports;

b/ The expenses specified at Point c, Clause 1 of this Article shall be covered by recurrent expenditures of local budgets for project implementation, and revenues from the sale of bidding documents for investor selection (if any);

c/ In case investors have been selected for project implementation, the expenses specified at Points a, b and c, Clause 1 of this Article shall be paid by the selected investors based on project implementation expenses approved by competent agencies. Expenses payable by investors are specified as follows:

For the expenses specified at Points a and b, Clause 1 of this Article: In case the enterprise proposing the formulation of a project’s feasibility study report is also the selected investor, it is not required to pay such expenses. In case the enterprise proposing the formulation of a project’s feasibility study report is not the selected investor, the selected investor shall pay such expenses to the enterprise under the supervision of the agency competent to implement the project. In case the agency competent to implement the project organizes the formulation of a feasibility study report, the selected investor shall pay such expenses in the form of remittance into the local budget for project implementation.

For the expenses specified at Point c, Clause 1 of this Article: The selected investor shall pay them in the form of remittance into the local budget for project implementation;

d/ The expenses specified at Points d, dd, e, g and h, Clause 1 of this Article shall be covered by capital sources of investors selected for project implementation.

3. Agencies and units assigned by provincial-level People’s Committees to implement projects shall make estimates of the expenses specified at Points a, b and c, Clause 1 of this Article and submit them to provincial-level People’s Committees for inclusion in local budget expenditure estimates under regulations.

Article 26. Formulation of lists of projects

1. For the projects specified in Clause 1, Article 24 of this Decree: In the first quarter of every year, the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall formulate and submit a list of projects for the subsequent year to the Ministry of Transport for the latter to consider consulting related provincial-level People’s Committees, and announce such list.

2. For the projects specified in Clause 2, Article 24 of this Decree: In the first quarter of every year, provincial-level People’s Committees shall formulate and announce lists of projects for the subsequent year.

3. Conditions for selection of a project to be included in a project list:

a/ Necessity of investment;

b/ The project is neither a dredging project for which the investment policy or project approval has been decided nor a project on maintenance of maritime or inland waterway works using annual state budget funds for which the maintenance plan has been approved;

c/ The project investment has advantages over other forms of investment.

4. Cases in which a project must be removed from a project list:

a/ The project is infeasible;

b/ For a project not using state budget funds to pay the difference to investors or a maintenance dredging project using recurrent expenditures to pay the difference to investors: The project is not approved within 1 year from the date of announcement of the project list, for projects with their feasibility study reports formulated by investors, or within 2 years from the date of announcement of the project list, for projects with their feasibility study reports formulated by provincial-level People’s Committees;

c/ For a basic dredging project using state budget funds to pay the difference to investors: The formulation and appraisal of the project’s feasibility study report are not completed within 1 year from the date of announcement of the project list; or state budget funds cannot be allocated to pay the difference to investors; or the project is not approved within 6 months after being allocated capital;

d/ Investors to implement the project cannot be selected within 6 months from the date the project is approved by the competent authority.

Article 27. Announcement of lists of projects

1. For the projects specified in Clause 1, Article 24 of this Decree: Before April 30 every year, the Ministry of Transport shall announce a list of projects. The Ministry of Transport, provincial-level People’s Committees and specialized maritime and inland waterway management agencies shall announce lists of projects on their websites. A to-be-announced list of projects must have the following contents: names, locations, scope and periods of project implementation; dredging standards; and names and contact addresses of the provincial-level People’s Committee as specified at Point b, Clause 1, Article 24 of this Decree.

2. For the projects specified in Clause 2, Article 24 of this Decree: Before April 30 every year, provincial-level People’s Committees shall announce lists of projects on their websites. A to-be-announced list of projects must have the following contents: names, locations, scope and periods of project implementation; dredging standards; and names and contact addresses of the provincial-level People’s Committee as specified in Clause 2, Article 24 of this Decree.

3. In case of modification of a list of projects, the Ministry of Transport, provincial-level People’s Committees and specialized maritime and inland waterway management agencies shall announce the modified list of projects under Clauses 1 and 2 of this Article.

Article 28. Formulation of projects’ feasibility study reports

1. For a project’s feasibility study report proposed to be formulated by an enterprise:

a/ The enterprise shall send a written proposal on formulation of the project’s feasibility study report, enclosed with the enterprise registration certificate, financial statements for 2 consecutive years, and a report on its capacity to implement similar projects, to the agency competent to implement the project as specified in Clause 3, Article 24 of this Decree;

b/ The agency competent to implement the project shall consider the enterprise’s proposal and make a written reply on approval or disapproval of the enterprise’s formulation of a feasibility study report. Contents of such a written approval include: name of the enterprise assigned to formulate the feasibility study report; time limit and place for submission of the feasibility study report; the agency or unit in charge of receiving the feasibility study report and carrying out procedures for submission of the project for appraisal and approval; responsibilities of and method of coordination among related agencies in guiding the enterprise in formulating the feasibility study report; and other relevant contents;

c/ Once approved, the enterprise shall formulate the project’s feasibility study report under Article 29 of this Decree;

d/ The enterprise that formulates the feasibility study report shall bear all costs and risks in case the project is disapproved or the project is approved without any investor selected.

2. After 60 days from the date of announcement of the project list, if no enterprise proposes the formulation of a project’s feasibility study report, the agency competent to implement the project shall consider and decide on the formulation of the feasibility study report with the use of the local budget’s recurrent expenditures.

3. The Ministry of Transport shall guide criteria for selecting enterprises to formulate feasibility study reports.

Article 29. Contents of projects’ feasibility study reports

A project’s feasibility study report must have the following principal contents:

1. Necessity of investment and advantages of investment over other forms of investment.

2. Conformity of the project with the socio-economic development master plan and plan of the sector or locality.

3. Objectives, scale and location of the project; dredging volume; composition of dredged materials according to geological survey data; purposes of and demand for use of dredged materials; and volume of salvaged products.

4. Project implementation schedule and period, including the contract term and construction period.

5. Commentaries about requirements on management organization plan, technical plan and quality standards of works, and plan on treatment of dredged materials that are not salvaged (if any). Design dossiers shall be made in accordance with the construction law and other relevant laws.

6. Compensation and ground clearance plan (if any).

7. Project implementation expenses (including the expenses specified in Clause 1, Article 25 of this Decree; taxes, charges and fee for grant of the right to extract minerals related to the project under regulations; interests on loans mobilized for project implementation, and the investor’s expected return-on-equity amount); value of salvaged products determined under Article 41 of this Decree; expected use of state capital (if any) in the project; and plan on payment of the difference between project implementation expenses and value of salvaged products.

a/ The determination of interests on loans mobilized for project implementation must comply with the law on investment in the form of public-private partnership;

b/ The investor’s expected return-on-equity amount shall be calculated during the project construction period and according to the investor’s return-on-equity bracket in the field of transport as specified in the law on investment in the form of public-private partnership.

8. Ability to mobilize capital for project implementation.

9. The project’s risk analysis and risk management measures.

10. Incentives (if any).

11. The project’s socio-economic efficiency and environmental impact assessment report made in accordance with the law on environmental protection.

Article 30. Organization of appraisal of projects’ feasibility study reports and approval of projects

1. Agencies competent to implement projects shall organize the appraisal of projects’ feasibility study reports and approve projects in accordance with the construction law, relevant laws and this Decree.

2. For a project’s feasibility study report formulated by an enterprise, the agency competent to implement the project shall organize the appraisal of such report within 30 days after receiving a complete and valid dossier, either hand-delivered or via the postal system.

3. Before approving a project on dredging combined with product recovery for maritime infrastructure and inland waterway infrastructure in seaport waters and inland waterway waters under the management of the Ministry of Transport, a competent agency shall consult specialized maritime and inland waterway management agencies in accordance with the maritime and inland waterway laws and related provincial-level People’s Committees in case the project is located in 2 (two) or more provinces or centrally run cities.

4. A project with funding for payment of the difference specified in Clause 2, Article 42 of this Decree greater than 50% of the total expenses for project implementation may not be approved.

Article 31. Project adjustment

1. A project shall be considered for adjustment in the following cases:

a/ The project is affected by a force majeure event;

b/ There appear factors that may bring about higher financial and socio-economic efficiency to the project;

c/ There is a change in the relevant master plan, policy or law, directly affecting the objectives, location and scale of the project;

d/ It is impossible to select investors to implement the project.

2. Competent agencies shall appraise the adjustment of projects’ feasibility study reports and approve adjustments of projects under Article 30 of this Decree.

Article 32. Investor selection

1. Competent agencies shall organize the selection of investors in accordance with the Bidding Law.

2. Conditions and procedures for investor selection and incentives for investors in the course of organizing bidding for investor selection must comply with the Bidding Law.

3. In case it is impossible to select investors to implement projects, the Ministry of Transport or provincial-level People’s Committees shall, within the ambit of their competence and based on the necessity of such projects, allocate state budget funds for project implementation according to the order and procedures specified in Chapter III of this Decree.

Article 33. Signing of project contracts

1. A project contract shall be signed on the basis of a decision approving investor selection results, contract negotiation results, bidding dossiers, bid dossiers and investors’ dossiers of proposals that remain valid.

2. Agencies competent to implement projects or agencies assigned by agencies competent to implement projects to sign contracts with investors may sign project contracts.

3. For joint-name investors, all joint-name members shall directly sign and affix their seals (if any) on contracts.

Article 34. Contents of project contracts

1. Principal contents of a project contract include:

a/ Information about the contracting parties;

b/ Objectives, scale and location of the project; dredging volume and plan on adjustment of dredging volume, volume of salvaged products and adjustment of volume of salvaged products; use purpose of salvaged products; plan on treatment of dredged materials that are not salvaged (if any); project implementation schedule and period, including contract term and construction period; and adjustment of the project implementation schedule and period;

c/ Technical and quality requirements of project works;

d/ Project implementation expenses specified in Clause 7, Article 29 of this Decree; for dredging expenses, unit prices for dredging shall be applied as fixed unit prices, and plan on adjustment of project implementation expenses upon the adjustment of dredging volume;

dd/ Value of salvaged products; payment value and plan on payment of the difference between the value of salvaged products and project implementation expenses; and payment mode and time limit;

e/ Funding sources for project implementation and financial arrangement plan;

g/ Handover of construction site; compensation and ground clearance (if any);

h/ Engineering, construction organization, inspection, supervision, quality management, acceptance testing and final settlement of the project; project handover;

i/ Contract performance security;

k/ Rights and obligations of the contracting parties; responsibility to carry out procedures for applying for licenses in accordance with relevant laws;

l/ Solutions in case of change of substantial circumstances in accordance with the civil law in order to continue the contract performance; handling of violations in the course of project implementation; contract penalties;

m/ Responsibilities of parties related to information confidentiality; reporting regime; provision of relevant information and documents and explanation about the contract performance upon request of competent agencies, and inspection, examination, audit and supervision agencies;

n/ Force majeure events and principles for handling thereof;

o/ Incentives (if any);

p/ Principles and conditions for contract modification, supplementation and premature termination; rights and obligations of the parties upon contract liquidation;

q/ Governing law and dispute settlement mechanism;

r/ Contract validity and term; contract modification; contract termination;

s/ Other contents as agreed upon by the contracting parties in accordance with law.

2. Documents accompanying a project contract include annexes and relevant documents that constitute inseparable parts of such project contract.

3. Investors shall remit fines under project contracts into budgets of localities where their projects are implemented in accordance with law.

Article 35. Project contract term, project contract performance security, project contract modification, project contract termination

1. A project contract’s term shall be agreed upon by the contracting parties on the basis of the project approved by a competent agency and in accordance with the bidding law.

2. Project contract performance security must comply with the bidding law.

3. A project contract shall be modified when the project is adjusted and in other cases agreed upon by the contracting parties in the contract in accordance with law.

4. Project contract termination

a/ The termination of a project contract must comply with terms of such contract.

b/ The premature termination of a project contract applies only to the following cases:

The project is affected by a force majeure event and the parties have taken remedial measures but cannot secure the continuation of project contract performance;

The termination is for national interests; or to meet national defense and security requirements or protect state secrets;

The investor becomes insolvent in accordance with the bankruptcy law;

One of the contracting parties seriously breaches the performance of their obligations stated in the contract;

Other cases due to fundamental changes in circumstances in accordance with the civil law. The contracting parties reach agreement on contract termination.

Article 36. Conditions for project implementation and selection of contractors to implement projects

1. Projects shall be implemented after their project contracts are signed and the procedures for environmental protection and mineral resources and other procedures are carried out under regulations.

2. Investors shall perform by themselves, or may select consultancy and construction contractors or other contractors to perform, jobs of projects if such contractors satisfy the law-specified capacity conditions. Investors shall be held responsible before law for their decisions.

Article 37. Making of construction designs to be implemented following basic designs

1. Agencies competent to implement projects shall decide on the number of construction designing steps upon the approval of projects.

2. An investor shall make a construction design to be implemented following the basic design and send it to the contract-signing agency for obtaining the latter’s agreement before approval. After the approval, the investor shall send to the contract-signing agency the dossier of the construction design to be implemented following the basic design for supervision and inspection. Any change in the construction design to be implemented following the basic design must be agreed upon in writing by the competent agency.

3. The making, verification and approval of construction designs to be implemented following the basic design must comply with the construction law.

Article 38. Supervision of project contract performance

1. Investors shall take responsibility for the quality and progress of projects; organize the selection of independent consultants to carry out environmental supervision and construction supervision according to designs, construction plans and project contracts; and approve results of the selection of environmental supervision and construction supervision consultants after reaching agreement with contract-signing agencies.

2. Contract-signing agencies shall supervise the performance of obligations of investors under project contracts and this Decree. In case of necessity, contract-signing agencies may hire consultants to support the supervision of project contract performance.

3. Expenses for hiring consultants to support the supervision of project contract performance specified in Clause 2 of this Article shall be remitted by investors into accounts of contract-signing agencies for payment to consultants.

4. For navigation channels and national inland waterways, before commencing the project construction, contract-signing agencies shall provide project dossiers to the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration for coordination in management and inspection in the course of project implementation.

Article 39. Handover of projects

1. Investor shall organize the selection of independent consultants to carry out surveys to serve the acceptance testing of project phases and completed projects and auditing of final-settlement reports of completed projects; and approve results of the selection of independent consultants to carry out surveys to serve the acceptance testing of project phases and completed projects and auditing of final-settlement reports of completed projects after reaching agreement with competent agencies.

2. Investors shall report to contract-signing agencies for organization of surveys and acceptance testing of project implementation results and for project handover.

3. Responsibilities to organize surveys, acceptance testing of project implementation results and project handover: Agencies competent to implement projects shall organize surveys and acceptance testing of project implementation results and receive handover from investors; payment and final settlement under project contracts; liquidation of project contracts; and handover of projects to the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration for management, for the projects specified in Clause 1, Article 24 of this Decree.

4. After taking over projects, the Vietnam Maritime Administration and the Vietnam Inland Waterways Administration shall organize the management, operation and maintenance of works of such projects according to their functions and competence.

Article 40. Determination of value of salvaged products

1. The value of salvaged products shall be determined as follows:

2. Price of salvaged product is a royalty calculation price of the type or product of natural resource corresponding to the salvaged product issued by the provincial-level People’s Committee of the locality where the project is implemented in accordance with the law on royalty.

3. Volume of salvaged product is the volume of the dredged material recovered from a project on the basis of geological survey results.

Article 41. Principles of payment of the difference between project implementation expenses and value of salvaged products

1. In case project implementation expenses are smaller than the value of salvaged products, investors shall remit the difference into budgets of localities where projects are implemented. Such difference must not be lower than the value stated in signed contracts and contract annexes.

2. In case project implementation expenses are greater than the value of salvaged products, competent agencies shall determine the value of the difference and make payment thereof to investors. Funds for payment of the difference are specified as follows:

a/ For projects on maintenance dredging combined with product recovery: Local budgets shall be used to pay the difference. Such difference must not be greater than the value stated in signed contracts and contract annexes. Agencies and units assigned by provincial-level People’s Committees to implement projects shall submit estimates of project implementation expenses payable to investors to provincial-level People’s Committees for inclusion in local budget expenditures for project implementation under regulations and pay them to investors after being allocated local budget funds for project implementation.

b/ For projects on basic dredging combined with product recovery: The state budget funds shall be used to pay the difference. Such difference must not be greater than the value stated in signed contracts and contract annexes. Agencies and units assigned by provincial-level People’s Committees to implement projects shall submit estimates of project implementation expenses payable to investors to provincial-level People’s Committees for inclusion in state budget expenditures in accordance with the Law on Public Investment and pay them to investors after being allocated funds from the state budget.

Article 42. Auditing and final settlement of investment capital

1. Investors shall organize auditing of final settlement reports for projects.

2. Final settlement of investment capital is the determination of the difference between project implementation expenses and value of salvaged products after the completion of projects stated in contracts signed by agencies competent to implement projects and investors in accordance with law. Agencies competent to implement projects shall supervise investors’ exercise of the rights and performance of the obligations specified in contracts.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES

Article 43. Responsibilities of the Ministry of Transport

1. To organize the specialized state management of dredging activities in seaport waters and inland waterway waters under regulations.

2. To direct and organize the maintenance dredging of public navigation channels and inland waterways using state budget funds allocated to the Ministry of Transport.

3. To exercise the rights and perform the responsibilities delegated to the Ministry of Transport under regulations.

4. To carry out inspection and examination and handle violations in accordance with the regulations on dredging activities in seaport waters and inland waterway waters.

5. To formulate, review and improve the system of standards, technical regulations, unit prices, and techno-economic norms related to dredging activities in seaport waters and inland waterway waters.

6. To direct specialized maritime or inland waterway management agencies to coordinate with competent agencies during the process of implementation, and in organizing the receipt and handover upon completion, of projects on dredging combined with product recovery for maritime and inland waterway infrastructure in seaport waters and inland waterway waters managed by the Ministry of Transport.

7. To provide detailed guidance on examination, supervision and management of the construction of works for maintenance dredging of public navigation channels and inland waterways specified in Article 18 of this Decree, and guidance on criteria for selection of enterprises proposing the preparation of feasibility study reports specified in Clause 3, Article 28 of this Decree.

Article 44. Responsibilities of the Ministry of National Defense

To organize the management of dredging activities in military port waters (for military and national defense purposes).

Article 45. Responsibilities of the Ministry of Finance

To balance and allocate annual state budget funds for the maintenance dredging of public navigation channels and inland waterways (including information infrastructure serving the state supervision and management) at the proposal of the Ministry of Transport.

Article 46. Responsibilities of the Ministry of Natural Resources and Environment

1. To direct related agencies and units under its management in organizing the implementation of regulations on environmental protection in dredging  activities in public navigation channels and inland waterways specified in this Decree.

2. To assume the prime responsibility for formulating and promulgating technical guidelines for evaluation and analysis of compositions, contents and volumes of minerals for dredging projects and works in seaport waters and inland waterway waters.

Article 47. Responsibilities of the Ministry of Construction

To assume the prime responsibility for formulating and promulgating necessary standards and conditions for utilizing dredged products for ground filling and construction purposes.

Article 48. Responsibilities of the Ministry of Public Security

1. To ensure security and order under regulations in seaport waters and inland waterway waters where dredging activities are carried out.

2. To inspect, and handle violations of security and order regulations in dredging activities in seaport waters and inland waterway waters.

Article 49. Responsibilities of provincial-level People’s Committees

1. To provide guidance on the order and procedures for making, and certify, the registration of salvaged product volumes for projects on dredging combined with product recovery in seaport waters and inland waterway waters.

2. To manage onshore areas and places for receiving dredged materials under regulations.

3. To announce the list of onshore areas and places for receiving dredged materials and for sea dumping within 1 year after the effective date of this Decree, and update and supplement such list before May 15 every year if there are any changes in the announced areas and places.

4. To organize preliminary review of the implementation of projects on dredging combined with product recovery of maritime and inland waterway infrastructure in seaport waters and inland waterway waters.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 50. Effect

1. This Decree takes effect on July 5, 2024, and replaces the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, on the management of dredging activities in seaport waters and inland waterway waters.

2. To annul Article 11 of the Government’s Decree No. 43/2018/ND-CP of March 12, 2018, on the management, use and operation of maritime infrastructure assets, and Article 10 of the Government’s Decree No. 45/2018/ND-CP of March 13, 2018, on the management, use and operation of inland waterway infrastructure assets.

3. In case there are legal provisions relevant to the organization of dredging activities in seaport waters and inland waterway waters that are contrary to this Decree, this Decree shall prevail.

Article 51. Transitional provisions

1. For works of maintenance dredging of public navigation channels for which the Vietnam Maritime Administration signs public non-business service provision contracts with providers of public non-business services for maritime safety assurance before the effective date of this Decree:

a/ Works with the implementation period during 2023-2024 or in 2024 under their approved maintenance plans shall continue to be implemented under the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, until such contracts are completely performed.

b/ Works with the implementation period during 2024-2025 under their approved maintenance plans shall be implemented under this Decree. The Vietnam Maritime Administration and the providers of public non-business services for maritime safety assurance shall liquidate the signed contracts.

2. Inland waterway maintenance-dredging works for which consultancy and dredging contracts are signed before the effective date of this Decree shall continue to be implemented under the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, until such contracts are completely performed.

3. In case the investor of a project on dredging combined with product recovery in seaport waters or inland waterway waters managed by the Ministry of Transport has been approved by a competent agency under relevant regulations effective before the effective date of this Decree and such project has yet to receive the opinion from the competent agency about its satisfaction of the conditions for continued implementation under Clause 2, Article 49 of the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, investor selection is not required. The following steps shall be as follows:

a/ To select a competent agency to implement the project under Article 24 of this Decree.

b/ The Vietnam Maritime Administration (for projects on dredging combined with product recovery in seaport waters) or the Vietnam Inland Waterways Administration (for projects on dredging combined with product recovery in inland waterway waters) shall hand over the project dossier in status quo under its management to the agency competent to implement the project and notify such to the investor.

c/ The agency competent to implement the project shall request the investor to prepare the project’s feasibility study report under Article 29 of this Decree and organize the appraisal of the project’s feasibility study report. In case appraisal results show that the project is feasible and the value of salvaged products is sufficient to cover project implementation expenses, to approve the project under Clauses 1 and 3, Article 30 of this Decree and sign the project contract with the investor provided that the contract contents comply with Articles 34 and 35 of this Decree. In case appraisal results show that the project is infeasible or the value of salvaged products is insufficient to cover project implementation expenses, the project shall be terminated. The investor shall take the financial responsibility for the project and may not have project-related expenses refunded by the State.

The time limit for organizing the preparation and appraisal of a project’s feasibility study report is 18 months after the agency competent to implement the project receives the project dossier from the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration.

d/ To implement the project contract, hand over the project, carry out the auditing and final settlement of the project’s investment capital under Articles 36, 37, 38, 39 and 40; Clause 1, Article 41; and Article 42, of this Decree.

4. In case a project on dredging combined with product recovery in seaport waters or inland waterway waters managed by the Ministry of Transport for which the competent agency has appraised the project proposal dossier or approved the project, or the project contract is signed under relevant regulations effective before the effective date of this Decree, but which has yet to receive the opinion from the competent agency about its satisfaction of the conditions for continued implementation under Clause 2, Article 49 of the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, investor selection is not required. The following steps shall be as follows:

a/ To select the competent agency to implement the project under Article 24 of this Decree.

b/ The Vietnam Maritime Administration (for projects on dredging combined with product recovery in seaport waters) or the Vietnam Inland Waterways Administration (for projects on dredging combined with product recovery in inland waterway waters) shall hand over the project dossier in status quo under its management to the agency competent to implement the project and notify such to the investor.

c/ The agency competent to implement the project shall request the investor to review and prepare a modified project-proposal dossier having the contents specified in Article 29 of this Decree and organize the appraisal thereof. In case the project is evaluated as feasible and the value of salvaged products is sufficient to cover project implementation expenses, the project shall continue to be implemented under Points d and dd of this Clause. In case the project is evaluated as infeasible or the value of salvaged products is insufficient to cover project implementation expenses, the project shall be terminated.

The time limit for preparing and appraising the modified project-proposal dossier is 12 months after the agency competent to implement the project receives the project dossier from the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration. After the above time limit, if the modified project-proposal dossier prepared by the investor fails to meet the requirements specified in Article 29 of this Decree, the project shall be terminated.

In case of project termination, the investor shall take the financial responsibility and may not have project-related expenses refunded by the State.

d/ The agency competent to implement the project shall approve the project adjustment and sign the project contract with the investor, provided that the contract contents comply with Articles 34 and 35 of this Decree. In case the project contract is signed before the effective date of this Decree, the agency competent to implement the project, the Vietnam Maritime Administration (for projects on dredging combined with product recovery in seaport waters) or the Vietnam Inland Waterways Administration (for projects on dredging combined with product recovery in inland waterway waters) and the investor shall sign a tripartite contract annex; the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration shall transfer all contract performance rights, obligations and responsibilities to the agency competent to implement the project and the investor for implementation under the signed contract and contract annex.

dd/ To implement the project contract, hand over the project, and carry out the auditing and final settlement of the project investment capital under Articles 36, 37, 38, 39 and 40; Clause 1, Article 41; and Article 42, of this Decree.

5. In case a project on dredging combined with product recovery in seaport waters or inland waterway waters managed by the Ministry of Transport has received the opinion from a competent agency about its satisfaction of the conditions for continued implementation under Clause 2, Article 49 of the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, investor selection is not required. The following steps shall be as follows:

a/ To select the competent agency to implement the project under Article 24 of this Decree.

b/ The Vietnam Maritime Administration (for projects on dredging combined with product recovery in seaport waters) or the Vietnam Inland Waterways Administration (for projects on dredging combined with product recovery in inland waterway waters) shall hand over the project dossier in status quo under its management to the agency competent to implement the project and notify such to the investor.

c/ Based on the project adjustment dossier that has received the opinion from the competent agency about its satisfaction of the conditions for continued implementation under Clause 2, Article 49 of the Government’s Decree No. 159/2018/ND-CP of November 28, 2018, the agency competent to implement the project shall review project implementation expenses, value of salvaged products and payment plan for the difference between project implementation expenses and the value of salvaged products specified in Clause 7, Article 29 of this Decree. In case the value of salvaged products is sufficient to cover project implementation expenses, the project shall continue to be implemented under Points d and dd of this Clause. In case the value of salvaged products is insufficient to cover project implementation expenses, the project shall be terminated.

The time limit for reviewing and approving the project adjustment is 12 months after the agency competent to implement the project receives the project dossier from the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration.

In case of project termination, the investor shall take the financial responsibility and may not have project-related expenses refunded by the State.

d/ The agency competent to implement the project shall approve project adjustment and sign a project contract with the investor provided that the contract contents comply with Articles 34 and 35 of this Decree. In case the project contract is signed before the effective date of this Decree, the agency competent to implement the project, the Vietnam Maritime Administration (for projects on dredging combined with product recovery in seaport waters) or the Vietnam Inland Waterways Administration (for projects on dredging combined with product recovery in inland waterway waters) and the investor shall sign a tripartite contract annex; the Vietnam Maritime Administration or the Vietnam Inland Waterways Administration shall transfer all contract performance rights, obligations and responsibilities to the agency competent to implement the project and the investor for implementation under the signed contract and contract annex.

dd/ To implement the project contract, hand over the project, and carry out the auditing and final settlement of project investment capital under Articles 36, 37, 38, 39 and 40; Clause 1, Article 41; and Article 42, of this Decree.

6. For a project on dredging combined with product recovery in seaport waters on the list announced by the Ministry of Transport under the Government’s Decree No. 159/2018/ND-CP of November 28, 2018:

a/ To select the competent agency to implement the project under Article 24 of this Decree. The order of project implementation must comply with Article 23 of this Decree, in which the jobs completed before the effective date of this Decree will not be implemented.

b/ The Vietnam Maritime Administration shall hand over the project dossier in status quo to the agency competent to implement the project for the latter to continue organizing the implementation of the project. For signed project implementation consultancy contracts, the Vietnam Maritime Administration, the agency competent to implement the project and the consultancy unit shall sign a tripartite contract annex, in which the Vietnam Maritime Administration shall transfer all rights, obligations and responsibilities under the contract to the agency competent to implement the project and pay all expenses for the jobs that have been performed by the time of handover under the contract to the consultancy unit. The consultancy unit shall perform the jobs specified in the contract.

Article 52. Organization of implementation

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree are not translated.