Vietnam's seaport management system has evolved significantly in recent years, reflecting the country's growing maritime sector and its increasing importance in global trade. The regulatory framework governing seaport operations plays a crucial role in ensuring efficient, safe, and compliant port operations while facilitating international commerce.
Vietnam's strategic location along major maritime routes has positioned it as a key player in regional shipping and logistics. The country's seaport management system is governed by a comprehensive set of decrees that establish guidelines for port operations, safety standards, and administrative procedures.
The regulatory compliance landscape for seaports in Vietnam is particularly important as the country continues to modernize its maritime infrastructure and attract international investment. Understanding these regulations is essential for stakeholders operating within the Vietnamese maritime sector.
2. Key Components of Seaport Management Decrees
2.1 Core Regulatory Framework
The foundation of Vietnam's seaport management system rests on several key legislative documents, including the Maritime Code and specific seaport management decrees. These regulations define the fundamental principles of port operations, establishing clear guidelines for:
1. Management and Operation of Seaports
Regulations on investment, construction, and operation of seaports and shipping channels.
Management of maritime activities at seaports and in Vietnam’s territorial waters.
Decision-making authority over port operation models for investors.
2. Maritime Safety, Security, and Environmental Protection
Regulations on maritime safety and security.
Prevention of environmental pollution for military ports, fishing ports, and inland ports located within seaport waters.
Approval of maritime safety assurance plans before operating berths and piers.
3. Management of Vessel Operations
Regulations on the management of seagoing vessels, crew members, and maritime activities.
Adjustment of activities related to military ships, public service vessels, fishing vessels, and other inland waterway transport means.
Application of national laws in cases of collisions, salvage, and recovery of sunken assets within Vietnam’s inland waters or territorial sea.
4. Maintenance of Port Infrastructure
Regulations on port maintenance in accordance with construction laws.
Periodic surveys and publication of maritime notices for seaport waters.
2.2 Scope and Jurisdiction
The decrees cover all aspects of seaport operations within Vietnamese territorial waters, including:
Decree No. 58/2017/NĐ-CP details certain provisions of the Vietnam Maritime Code on the management of maritime activities.
Circular No. 08/2021/TT-BGTVT promulgates the National Technical Regulations on Seaports.
Scope of Application:
Organizations, individuals, and vessels of both Vietnamese and foreign nationality.
Specialized state management agencies related to investment, construction, operation of seaports, shipping channels, and maritime activities within Vietnam’s seaport and territorial waters.
Authority: If an international treaty to which Vietnam is a signatory contains provisions different from those of these decrees, the provisions of the international treaty shall prevail.
3. Recent Updates and Changes
Several significant amendments have been implemented to modernize Vietnam's port management framework. Key changes include: (Article 1 of Decree 34/2025/ND-CP amending Article 22 of Decree 58/2017/ND-CP)
General regulations on port operations: Seaports must be managed and operated in accordance with legal regulations, ensuring investment efficiency and preventing losses and waste.
Approval of maritime safety assurance plans: Before being put into operation, berths and piers receiving reduced-draft vessels with technical specifications exceeding the announced limits must obtain approval for a maritime safety assurance plan.
Maintenance of port infrastructure:
- Port infrastructure must be maintained in accordance with construction regulations.
- The Ministry of Transport shall regulate the frequency of structural safety assessments for berths and piers receiving reduced-draft vessels.
Survey and publication of maritime notices: Waters in front of piers, harbor areas, and designated maritime zones must be regularly surveyed and maritime notices must be published as required.
Decision-making authority over operational models:
- Investors constructing berths and piers have the right to determine the management and operation model in accordance with legal regulations.
- If berths, piers, harbor areas, maritime zones, or shipping channels are used collectively, investors must agree on related rights and obligations.
4. Compliance Requirements
4.1 Administrative Procedures
(Article 29 of Decree 21/2012/ND-CP, Article 22 of Decree 58/2017/ND-CP as amended by Decree 34/2025/ND-CP)
Port operators must adhere to specific administrative requirements, including:
1. Port Management and Operations in Accordance with the Law
Ensure investment efficiency, prevent losses and waste.
Independently determine the management and operation model of seaports, terminals, and berths in compliance with the law.
In cases of shared use of terminals, berths, water areas, and shipping channels, stakeholders must agree on related rights and obligations.
2. Approval of Maritime Safety Plans Before Operation
If accepting underloaded vessels with technical specifications exceeding the published limits, a maritime safety plan must be implemented as follows:
Responsibility for Development and Approval: The investor prepares the maritime safety plan, the Maritime Administration approves it, and in some cases, the Vietnam Maritime Administration must provide opinions.
Cases Requiring a Safety Plan: Construction, execution of seaports, terminals, berths, buoy berths, shipping channels, crossing structures, or activities affecting maritime operations.
Key Contents: Project details, timeline, construction methods, maritime safety measures, and implementation plans.
Approval Process: Submit documents → 3-day correction period if incomplete → 7-day approval if valid.
Inspection and Supervision: The Vietnam Maritime Administration and Maritime Authorities inspect the implementation of the approved plan.
3. Maintenance of Port Infrastructure
Maintenance must be conducted in accordance with construction laws.
The Ministry of Transport regulates the frequency of structural safety assessments for terminals and berths accepting underloaded vessels.
4. Periodic Survey and Publication of Maritime Notices
Waters in front of berths, water areas, and shipping channels must be surveyed and maritime notices must be published periodically.
Every five years, the quality of port infrastructure must be inspected, and maritime notices must be published accordingly.
4.2 Technical Standards
(Circular 08/2021/TT-BGTVT)
The decrees establish comprehensive technical requirements covering:
Design and Structural Standards for Port Infrastructure: Requirements for a terminal, berth, turning basin design, ship reception areas, and related structures to ensure durability, safety, and operational efficiency.
Standards for Port Equipment and Operational Facilities: Criteria for machinery, cargo handling equipment, information systems, and operational management to optimize efficiency and ensure maritime safety.
Maritime Safety Standards: Technical requirements for signage, lighting systems, warning signals, and safety support equipment for vessels in port areas.
Maintenance, Inspection, and Quality Assessment Standards: Regulations on periodic maintenance procedures, structural integrity inspections, and equipment assessments to maintain infrastructure performance and longevity.
Environmental Protection Standards: Technical requirements for waste treatment, pollution control, and environmental protection in port operations.
5. Implementation Guidelines
To ensure compliance with seaport management decrees, operators should follow these key steps:
Conduct regular compliance audits: Regular inspections help ensure that port activities meet legal safety, operational, and environmental standards. This allows for early detection of violations and timely adjustments to improve port management efficiency.
Maintain updated documentation and permits: Keeping complete and up-to-date records, permits, and related documents is an essential administrative requirement. This not only ensures legal compliance but also facilitates oversight and inspections by regulatory authorities.
Implement required safety and environmental protocols: Safety and environmental protection measures help minimize accidents, pollution, and other risks, contributing to worker and community safety while preserving the marine ecosystem.
Ensure staff training on current regulations: Periodic training ensures that personnel understand and correctly implement legal requirements, thereby enhancing safety awareness, environmental protection, and service quality at ports.
6. Future Outlook
The Vietnamese maritime sector continues to evolve, with several trends shaping future regulatory developments:
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.
7. Conclusion
Understanding and complying with Vietnam's seaport management decrees is crucial for successful port operations. As the maritime sector continues to develop, staying informed about regulatory updates and maintaining compliance will be essential for stakeholders in the industry.
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