Vietnam's maritime sector plays a crucial role in the nation's economic development, serving as a vital gateway for international trade and commerce. Understanding the complex web of maritime regulations is essential for stakeholders operating in this dynamic industry.
Over the past decade, Vietnam’s maritime industry has experienced significant growth, as reflected in impressive statistics. According to the Vietnam Maritime Corporation, this growth demonstrates Vietnam’s rising position on the global maritime map. Currently, the cargo throughput at Vietnamese seaports has reached 30 million TEUs, far exceeding projections made a decade ago. Compared to the region’s largest transshipment port, Singapore, which handles approximately 37 million TEUs, Vietnam Maritime Corporation (VIMC) leaders believe that Vietnam has the potential to surpass Singapore in the near future.
Vietnam's maritime industry has experienced remarkable growth over the past decade, necessitating a robust legal framework to govern seaport operations and maritime activities. This comprehensive guide examines the current state of Vietnam's Maritime Law and its implications for industry stakeholders.
2. Historical Context and Development
The evolution of Vietnam's maritime laws reflects the country's transformation into a major maritime nation. From the initial Maritime Code of 1990 to the current Maritime Law, the legal framework has continuously adapted to meet international standards and industry demands.
Key Legislative Milestones
Introduction of the first Maritime Code (1990)
Implementation of the revised Maritime Law (2005)
Major amendments and updates (2015)
Latest regulatory reforms (2025)
3. Core Components of Maritime Law
The Vietnamese Maritime Law encompasses several key areas that govern seaport operations and maritime activities:
3.1 Key Provisions
Ships and Seafarers: Regulations on ship registration, classification, and seafarer standards, rights, and obligations.
Seaports and Waterways: Regulations on investment, construction, management, and operation of seaports, waterways, and inland ports.
Maritime Transport: Rules governing contracts for the transport of goods, passengers, and luggage by sea.
Maritime Safety and Security: Measures to ensure safety and security in maritime activities.
Environmental Protection: Regulations on preventing and controlling marine pollution from maritime operations.
State Management of Maritime Affairs: Responsibilities and authority of state agencies overseeing the maritime sector.
3.2 Jurisdictional Framework
The law clearly defines the scope of authority for various maritime governing bodies, including:
Government: Exercises unified state management of maritime affairs.
Ministry of Transport: Responsible for implementing state management of maritime affairs.
Maritime Administration Agencies: Under the Ministry of Transport, assisting the Minister in performing state management duties.
Other Ministries and Agencies: Collaborate with the Ministry of Transport within their scope of responsibilities.
Local People’s Committees: Manage maritime affairs within their jurisdictions.
In addition to the Maritime Code, Decree No. 58/2017/ND-CP provides specific regulations on maritime management, defining the state agencies at ports, including (Clause 5, Article 3 of Decree No. 58/2017/ND-CP):
A designated management unit for port business operations.
A security management unit as required by law.
Port security officers must be trained, certified, and comply with the International Ship and Port Facility Security (ISPS) Code.
2. Infrastructure and Equipment Requirements:
Adequate infrastructure, storage facilities, and equipment meeting national technical standards. If lacking, port operators must lease facilities, except for buoy berths, anchorages, transhipment areas, and offshore oil ports.
Compliance with safety, labor, and fire prevention regulations.
3. Environmental Protection Requirements: Facilities for receiving and disposing of ship waste in accordance with the International Convention for the Prevention of Pollution from Ships (MARPOL) and national regulations.
4. Port Operation Licensing (Article 10, Decree No. 37/2017/ND-CP):
Application Process:
Application form for the Certificate issuance as per the prescribed template.
A certified copy of the Enterprise Registration Certificate or the original for comparison.
List of positions and labor contracts, accompanied by copies of diplomas and certificates as required.
The enterprise's port operation plan.
Submission Methods: Direct submission, postal service, online service, or other appropriate methods to the Vietnam Maritime Administration.
Processing:
Within two working days, the Vietnam Maritime Administration will request additional documents if necessary.
Within seven working days of receiving a complete application, the authority will review and issue the license or provide a written explanation for rejection.
4.2 Operational Guidelines
Ports must adhere to strict operational procedures regarding:
Cargo Handling Procedures:
Berthing Position Assignment: The Maritime Administration Director assigns berthing positions based on vessel type, cargo, and port plan (Clause 2, Article 53, Decree No. 21/2012/ND-CP).
Security Maintenance: Port operators must ensure security while vessels are docked (Clause 2, Article 67, Decree No. 58/2017/ND-CP).
Cargo Loading and Unloading: Carriers are responsible for loading, stowing, and securing cargo at agreed costs (Article 83, Vietnam Maritime Code).
Cargo Stowage on Ships: The captain determines the stowage plan; cargo on deck requires written consent from the charterer (Article 83, Vietnam Maritime Code).
Holiday Regulations: Flag decorations during holidays must not interfere with cargo handling (Clause 2, Article 61, Decree No. 58/2017/ND-CP).
Vessel Traffic Management:
Shipping Lane Announcements: The Ministry of Transport announces and regulates shipping lanes to ensure safety (Articles 110-112, Vietnam Maritime Code).
Traffic Coordination: The Maritime Administration Director oversees port and maritime traffic (Article 92, Vietnam Maritime Code).
Port Criteria: Ports must have strategic maritime access and serve as major transportation hubs (Article 74, Vietnam Maritime Code).
Port Closures: The Ministry of Transport decides on port closures during emergencies (Clause 2, Article 20, Decree No. 21/2012/ND-CP).
Vessel Entry/Exit Restrictions: The Maritime Administration Director may restrict vessel movements during emergencies (Clause 1, Article 22, Decree No. 21/2012/ND-CP).
Vessel Maneuvering Orders: Instructions are communicated via VHF, telephone, or other means (Clause 3, Article 53, Decree No. 21/2012/ND-CP).
Crew Presence Requirement: At least two-thirds of the crew, including the captain or chief mate and chief engineer or second engineer, must be present for emergency response (Clause 2, Article 71, Decree No. 21/2012/ND-CP).
Safe Harbor Requirement: Ships must relocate to the nearest safe harbor during port closures or wartime threats (Clause 6, Article 53, Vietnam Maritime Code).
Port Role as Shelter: Ports serve as shelters for ships in distress, repair, and maintenance (Clause 5, Article 76, Vietnam Maritime Code).
Maintenance Requirements:
Maritime System Maintenance: Maintenance of navigational aids, channels, and shipping routes (Clause 3, Article 108, Vietnam Maritime Code).
Technical Standards Development: Establishment of standards for port and channel maintenance (Clause 1, Article 6, Decree No. 21/2012/ND-CP).
Navigational Aids and Channel Management: Maintenance, upgrades, and repairs to ensure safety (Clause 5, Article 23, Decree No. 58/2017/ND-CP).
Annual Maintenance Planning: Annual reports on channel conditions and maintenance plans (Clause 6, Article 23, Decree No. 58/2017/ND-CP).
Maritime Infrastructure Maintenance: Maintenance of lighthouses, signals, VTS systems, and infrastructure (Clause 1, Article 24, Decree No. 58/2017/ND-CP).
5. Compliance Requirements
Documentation Procedures
Essential documentation includes:
Port facility security plan (Article 106 of the Maritime Code)
Passenger ships, cargo ships of 500 GT or more, and mobile platforms flying the Vietnamese flag operating internationally must have a ship security plan.
Seaports receiving foreign vessels and Vietnamese vessels under the above category must have a port security plan.
The Ministry of Transport provides detailed regulations on the development, assessment, and approval of security plans, and the issuance of related certificates.
Environmental impact assessments (Articles 4, 28, 48 of the Maritime Code)
Organizations and individuals operating in the maritime sector must implement environmental protection measures, and prevent, and mitigate environmental pollution during their activities.
Ship dismantling facilities must be legally established enterprises and complete environmental impact assessments for ship dismantling operations in accordance with environmental protection laws.
Vietnamese ships must be inspected and classified by a recognized classification society, either domestic or foreign, and issued certificates for environmental pollution prevention.
Safety management systems (Articles 6, 28 of the Maritime Code)
Maritime activities must ensure maritime safety and security.
Vietnamese ships must be inspected and classified by a recognized classification society, either domestic or foreign, and issued technical certificates for maritime safety, security, and maritime labor conditions.
Regular compliance reports (Article 70 of the Maritime Code; Article 87 of Decree 21/2012/ND-CP)
Declaration, investigation, statistics, and reporting of maritime occupational accidents and occupational diseases.
Reporting environmental pollution incidents at seaports.
6. International Agreements and Treaties
Vietnam is a signatory to various international maritime conventions, ensuring alignment with global standards:
United Nations Convention on the Law of the Sea (UNCLOS), 1982: Vietnam ratified and became a member on June 23, 1994.
Convention on the International Maritime Organization (IMO), 1948: Vietnam joined in 1984.
International Convention for the Safety of Life at Sea (SOLAS), 1974: Vietnam joined on March 18, 1991.
International Convention for the Prevention of Pollution from Ships (MARPOL 73/78): Vietnam became a member on August 29, 1991.
International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW), 1978: Vietnam joined on March 18, 1991.
International Convention on Load Lines, 1966: Vietnam joined on March 18, 1991.
International Regulations for Preventing Collisions at Sea (COLREG), 1972: Vietnam became a member on December 18, 1990.
International Convention on Tonnage Measurement of Ships, 1969: Vietnam joined on March 18, 1991.
International Convention on Maritime Search and Rescue (SAR), 1979: Vietnam became a member on April 15, 2007.
International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKERS), 2001: Vietnam joined on September 18, 2010.
International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM), 2004: Vietnam joined, and the convention took effect on September 8, 2017.
Maritime Labour Convention (MLC), 2006: Vietnam ratified this convention to ensure the rights and working conditions of seafarers.
7. Best Practices and Implementation
Successful compliance with maritime regulations requires:
Regular staff training and development: Ensuring employees stay updated on maritime regulations, operational skills, and safety/security measures.
Implementation of modern port management systems: Utilizing technology to optimize processes, enhance efficiency, and ensure compliance.
Continuous monitoring and improvement processes: Tracking maritime operations, analyzing data for adjustments, and enhancing operational efficiency.
Strong stakeholder communication: Close coordination between regulatory agencies, port businesses, and stakeholders to ensure consistency and effectiveness in regulatory enforcement.
8. Future Outlook
The maritime legal framework continues to evolve with:
Increased focus on digital transformation and smart port technologies: Vietnamese port enterprises are emphasizing digital transformation, moving towards green ports. The adoption of IT and digitalization is a key strategy in the maritime sector’s efforts to reduce greenhouse gas emissions and advance green technology.
Enhanced environmental protection measures: According to Transport Magazine, Vietnam’s maritime sector is making efforts in environmental protection and international commitments. Newly invested major ports are equipped with modern, automated cargo handling equipment powered by electricity, reducing labor costs, increasing productivity, and improving operational efficiency while lowering greenhouse gas emissions.
Greater emphasis on regional integration: Vietnam’s maritime sector is expanding its port system to align with international integration trends. According to a VnEconomy report, the Vietnam Maritime Administration estimated that in 2024, cargo volume through Vietnam’s port system would reach 864.4 million tons, a 14% increase from 2023. Container volume in TEUs is expected to rise by 21%, reaching approximately 29.9 million TEUs.
Continued modernization of port infrastructure: According to the Ministry of Transport, Vietnam’s maritime sector is developing towards “greener” practices. Additionally, the industry is trending towards larger-scale operations, with the formation of maritime alliances and stronger connectivity among port communities.
Conclusion
Understanding and complying with Vietnam's maritime regulations is crucial for successful port operations. Stakeholders must stay informed about regulatory updates and maintain robust compliance programs to ensure sustainable operations.
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