Thông tư 15/2016/TT-BGTVT về quản lý đường thủy nội địa

THE MINISTRY OF TRANSPORT

Circular No.15/2016/TT-BGTVT dated June 30, 2016 of the Ministry of Transport on inland waterway management

Pursuant to the Law on Inland waterway traffic dated June 15, 2004 and the Law on amendments to a number of articles of the Law on Inland waterway traffic dated June 17, 2014;

Pursuant to the Government’s Decree No.24/2015/ND-CP dated February 02, 2015 detailing the implementation of a number of articles of the Law on Inland waterway traffic and the Law on amendments to a number of Articles of the Law on Inland waterway traffic;

Pursuant to the Government’s Decree No.107/2012/ND-CP defining functions, rights and responsibilities and organizational structure of the Ministry of Transport dated December 12, 2012;

At request of the Director of the Department of Transport Infrastructure and Vietnam Inland Waterway Administration,

The Minister of Transport hereby issues this Circular specifying provision on inland waterway management.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular specifies provisions of inland waterway management including classification of inland waterways, the power to classify; announcement of opening or closure of inland waterways or channels, navigation marks, construction projects related to inland waterway traffic(hereinafter referred to as “project”)and navigation restriction.

Article 2.Subject of application

This Circular applies to entities engaging in inland waterway management.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows:

1.Navigation channel refers to a limited section of waters which is determined by maritime signaling systems to ensure safety for ship watercraft movement.

2.Channel length refers to the distance between two endpoints of the navigation channel.

3.Inland water route refers to one or more navigation channels on rivers lakes, lagoons, bay, islands, etc. The length of each inland water route is the distance between two endpoints of the route.

Chapter II

CLASSIFICATION OF INLAND WATERWAYS

Article 4. Classification of inland waterways

Inland waterways are classified into national, local and specialized inland waterways. To be specific:

1.National inland waterways refers to those that connecting to economic and culture centers, focal transport infrastructures serving the purpose of economic development or national defense and security; or cross-border transport. The list of national inland waterways is presented in Annex 03 to this Circular.

2.Local inland waterways refer to those within the administration of a province or centrally-affiliated city (Hereinafter referred to as “province”) serving the purpose of socio-economic development. The People’s Committees of provinces shall make the List of local inland waterways publicly available upon request of Departments of Transport.

3.Specialized inland waterways refer to those connecting to ports, specialized inland wharves, national inland waterways or local inland waterways for the purpose of transport. The Ministry of Transport and People’s Committee of provinces shall publish specialized inland waterways in accordance with Articles 6, 7 and 8 hereof.

Article 5. The power to classify inland waterways by its engineering and to make adjustments to classifications

1.The Minister of Transport has the power to classify inland waterways and make adjustments to classification upon request of Director of the Vietnam Inland Waterway Administration:

a) National inland waterways;

b) Specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways.

2.The Presidents of People’s Committees of provinces shall decide to classify and make adjustments to classification of:

a) Local inland waterways; and

b) Specialized inland waterways connecting to local inland waterways.

Chapter III

ANNOUNCEMENT OF OPENING OR CLOSURE OF SPECIALIZED CHANNELS AND ROUTES

Article 6. The power to make announcement of opening or closure of specialized channels and routes

1.Authorities having the power to make announcement of opening or closure of specialized channels and routes:

a) The Ministry of Transport Specialized has the power to announce the opening or closure of specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or those linking national inland waterways with local inland waterways.

b) Specialized inland waterways connecting to local inland waterways.

2.Contents of announcement of opening of specialized channels and routes:

a) Name of water body (endpoints);

b) Type of inland waterways;

c) Location, length and class of inland water routes and navigation channel;

d) Date of operation

3.Contents of announcement of closure of specialized channels and routes:

a) Reason for closure;

c) Location, length and class of inland water routes and navigation channel;

c) Date of closing

Article 7. Procedures for announcement of opening or closure of specialized channels and routes

1.Competent authorities specified in clause 1, Article 6 hereof shall carry out the procedure for announcement of opening and/or closure ofspecializedchannels and routes.

2.The application for opening specialized channels/routes where new construction project is located includes:

a) An original application form for opening inland water routes or channel made using the form in Annex 1 attached hereto;

b) A Decision on approval for the project (a certified true copy or copy enclosed with the original for collation);

c) Copies of as-built documents

3.The application for opening specialized channels/routes where no new construction project is located includes:

a) An original application form for opening inland water route or channel made using the form in Annex 1 attached hereto;

b) An original topographical map of existing navigation channel or inland water routes which specifies location of navigation marks and existing works on the channel or route.

4.Procedures for announcement of opening or closure of specialized channels and routes

a) Entities having specialized inland waterways shall submit an application as stipulated in clause 2 of this Article to the Vietnam Inland Waterway Administration or Department of Transport directly or by post or via other means;

b) If the application is incomplete, the Vietnam Inland Waterway Administration and Department of Transport shall request the applicant to complete the application within 02 working days from the date of receipt;

c) Within 05 working days from the date of receipt of the valid application, the Vietnam Inland Waterway Administration/Department of Transport shall submit a verification report to the Ministry of Transport and People s Committee of the province for consideration of announcement of opening specialized channels/routes;

d) Within 05 working days from the date of receipt of valid application transferred by the Vietnam Inland Waterway Administration/Department of Transport, the Ministry of Transport and People s Committee of the province shall consider announcing the opening of specialized channels/routes; In case of rejection, the Vietnam Inland Waterway Administration/Department of Transport shall inform the applicant in writing which specifies reasons for rejection.

Article 8. Announcement of closure of specialized channels and routes

1.Specialized channels and routes shall be if:

a) It serves the purpose of national defense and security;

b) It is unsafe for transport;

c) Demand for transport by specialized channel or route no longer exists.

2.Where a specialized channel or route is closed under point a and b, clause 1 hereof

The Ministry of Transport and People s Committee of the province shall make an announcement of closure of specialized channel/route publicly available upon request of the Vietnam Inland Waterway Administration or Department of Transport; In case of closure under point b, clause 1 of this Article, a record of assessment of navigation channel or route made by local inland waterway authority or Department of Transport and supervisory authority is required.

3.Where a specialized channel or route is closed under point c, clause 1 hereof:

a) The entity having specialized inland waterways shall submit an application for closure of the specialized channel/route using form presented in Annex 2 attached hereto to the Vietnam Inland Waterway Administration or Department of Transport directly or by post or via other means;

b) Within 02 working days from the date of receipt of the application, the Vietnam Inland Waterway Administration or Department of Transport shall report to the Ministry of Transport and People’s Committee of the province for consideration of announcement about specialized channel/route closure;

c) Within 02 working days from the date of receipt of the report, the Ministry of Transport and the People’s Committee of the province shall consider making the announcement of specialized channel/route closure;

Chapter IV

NAVIGATION MARKS

Article 9. Navigation marks and adjustments to navigation marks

1.Construction works shall be identified and marked within the jurisdiction stipulated in Article 10 hereof.

2.Marked construction works shall be numbered and be mark with symbols on the inland waterway route map.

3.After being set up navigation markers shall be managed by the People’s Committee of commune. Marker specifications and distance shall be conformable to Annex 4 attached hereto.

4.Navigation marks may be adjusted according to the reality of navigation channel and scope of protection of navigation infrastructures.

Article 10. Responsibilities for setting up and adjusting navigation marks

1.The Vietnam Inland Waterway Administration shall:

a) Provide guidance on scope of protected inland waterway infrastructures and navigation marking;

b) Direct local inland waterway authorities to cooperate with People are Committee of districts to carry out survey, set up and adjust navigation marks on national inland waterways;

c) Cooperate to carry out inspection and expedite to identify navigation corridors and set up boundary marks on local inland waterways.

2.Every People’s Committee of the province shall:

a) Provide guidance on scope of protected inland waterway infrastructures and navigation marking within the administration;

b) Direct disciplinary regulatory authorities and People’s Committees of districts to cooperate with the Vietnam Inland Waterway Administration carry out survey, set up and adjust navigation marks on specialized inland waterways and national inland waterways.

3.Specialized inland waterway authorities shall cooperate with the Department of Transport to identify protection area, set up, manage and protect markers within the administration according to Directives of the professional regulatory authority

4.Investors of projects for renovation or opening of new channels/routes, when transferring as-built channels/routes to local inland waterway authorities, shall also transfer all documents on site clearance, scope of projection and navigation marks.

Chapter V

CONSTRUCTION PROJECTS IN CONNECTION TO INLAND WATERWAY TRAFFIC

Article 11. Construction projects related to inland waterway traffic

1.The competent authority specified in clause 1, Article 12 hereof shall give opinions about the proposed construction project in writing as the project proposal is made and approval decision on maritime traffic safety measures shall be released by the competent authority prescribed in clause 2, Article 12 hereof.

2.Construction projects related to inland waterway traffic includes:

a) Temporary and permanent bridges, wharves, docks, ferries, inland wharves, wind power plants, thermo power plants, floating and submarine construction works;

b) Submarine and overhead pipelines (crossing navigation channels);

c) Embankments, dams, hydropower construction works, irrigation works and combined construction works and those for political purposes (except for emergency flood control works)

d) Fishing ports, ports or berths for national defense and security;

dd) Dredging (except for annual dredging of inland waterways and dredging for transport purpose and full exploitation);

e) Resource exploitation;

g) Salvage or obstacle clearance;

h) Aquaculture farms, waters for vocational training, anchorage waters, restaurants, recreation centers and sport facilities on inland waterways.

Article 12. Authorities having the power to give opinions of traffic safety measures applicable to projects on inland waterways

1.The power to give opinions about project proposals:

The Ministry of Transport has the power to give opinions about projects for national defense and security located on national inland waterways;

b) People’s Committees of provinces have the power to give opinions about projects for local defense and security located on local inland waterways

c) The Vietnam Inland Waterway Administration has the power to give opinions about specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways, except for those prescribed in point a of this clause.

d) The Departments of Transport has the power to give opinions about construction projects located on specialized inland waterways connecting to local inland waterways and local inland waterways other than those stipulated in point b of this clause;.

2.The power to approve traffic safety measures is as follows:

a) The Vietnam Inland Waterway Administration has the power to approve traffic safety measures applicable to projects for national defense and security located on national inland waterways;

b) The inland waterway authority has the power to approve traffic safety measures applicable to construction projects located on national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways except for those prescribed in point a of this clause.

c) The Department of Transport has the power to approve traffic safety measures applicable to construction projects located in local inland waterways and specialized inland waterways connecting to local inland waterways.

Article 13. Application for opinions of construction projects affecting inland waterway traffic

The investor shall submit an application to the competent authority prescribed in clause 1, Article 12 hereof directly or by post or via other appropriate means within the proposal-making phase under clause 2, Article 11 hereof. The application includes:

1.An application form which specifies the location and scope of the project, main structure and hydrology made using the form in Annex 5 attached hereto.

2.A topographical map which specifies elevation profiles along the inland waterways where the project is expected to be located (except for aquaculture farms or cages, waters for vocational training, anchorage waters, restaurants and recreation centers) or a drawing which presents the location of the projects and its elevation on the national coordination.

3.The following attached documents:

a) For temporary and permanent bridges: data on navigation span (location, aperture, span, and clearance height) and longitudinal section of the construction works;

b) For swing bridges, vertical-lift bridges, pontoon bridges; locks, dams, irrigation works, hydropower works, combined works and transport infrastructures: data on navigation span (location, width), technology description, drawings of expected location of anchorage waters, the depth of water at navigation spans;

c) For overhead lines and pipelines: drawings and navigation span data, the lowest of the pipeline;

d) For fishing ports or ports for national defense and security, wind power plants; thermo power plants, wharves, ferries and embankments: site plans, dimension and structure of the construction works, operation waters;

dd) For submarine lines and pipelines: drawings which specify the distance and height of construction works, scope of navigation channel and corridors;

e) For resource exploitation and dredging: cross section profiles and marking location for dredging or exploitation.

4.For aquaculture farms, waters for vocational training, anchorage waters, restaurants, recreation centers and sport facilities, the application includes:

a)An application form which specifies location and scope of the project made using the form in Annex 5 attached hereto; and

b) Maps which specifies the length and width of construction area, navigation channel and corridors, distance from the construction area to existing construction works and traffic safety methods.

Article 14. Process of giving opinions of construction projects affecting inland waterway traffic

1. With respect to projects for national defense and security located on national inland waterways:

a) The application shall be submitted to the Vietnam Inland Waterway Administration. In case the application is incomplete, the Vietnam Inland Waterway Administration shall instruct the applicant to complete the application within 02 working days from the date of receipt.

b) Within 05 working days from the date of receipt of valid application, the Vietnam Inland Waterway Administration shall submit a verification report to the Ministry of Transport;

c) Within 05 working days from the date of receipt of valid application transferred by the Vietnam Inland Waterway Administration, the Ministry of Transport shall give opinions in writing.

2. With respect to projects for national defense and security located on local inland waterways:

a) The application shall be submitted to the Department of Transport. In case the application is incomplete, the Department of Transport shall instruct the applicant to complete the application within 02 working days from the date of receipt;

b) Within 05 working days from the date of receipt of the valid application, the Department of Transport shall submit a verification report to the People’s Committee of the province;

c) Within 05 working days from the date of receipt of valid application transferred by the Department of Transport, the People’s Committee of the province shall give opinions in writing.

3. With respect to projects located on national inland waterways other than those prescribed in clause 1 of this Article; specialized inland waterways connecting to national waterways, specialized inland waterways passing through at least two provinces or specialized waterways linking national inland waterways with local inland waterways.

a) The application shall be submitted to the Vietnam Inland Waterway Administration. In case the application is incomplete, the Vietnam Inland Waterway Administration shall instruct the applicant to complete the application within 02 working days from the date of receipt.

b) Within 05 working days from the date of receipt of valid application, the Vietnam Inland Waterway Administration shall give opinions in writing.

4. With respect to projects located in local inland waterways other than those stipulated in clause 2 of this Article; and specialized inland waterways connecting to local inland waterways.

a) The application shall be submitted to the Department of Transport. In case the application is incomplete, the Department of Transport shall instruct the applicant to complete the application within 02 working days from the date of receipt;

b) Within 05 working days from the date of receipt of valid application, the Department of Transport shall give opinions in writing.

Article 15. Application for approval for traffic safety measures

Before carrying out projects in point a, b, c, d, dd, e and g clause 2, Article 11 hereof, the investor or construction contractor shall submit an application to the competent authority in clause 2, Article 12 hereof directly or by post. The application includes:

1. An application form for approval for traffic safety measures made using the form in Annex 5 attached hereto.

2. A construction method description

3. Traffic safety measures applicable to the construction area including:

A description of the traffic safety measure;

b) A layout plan which specifies the arrangement of traffic signs, traffic control stations and means of traffic control;

c) Personnel plans;

d) Regulation on construction site access;

dd) Date of application of traffic safety measure

4. In case of adjustments to traffic safety measures, reasons for adjustments are required, in addition to documents specified in clauses 2 and 3 of this Article.

Article 16. Process of approval for traffic safety measures

1. With respect to national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways:

a) The application shall be submitted to the competent authority prescribed in point a and b, Article 12 hereof. In case the application is incomplete, the competent authority shall instruct the applicant to complete the application within 02 working days from the date of receipt.

b) Within 05 working days from the date of receipt, the competent authority in point a and b, clause 2, Article 12 hereof shall consider approving in writing. In case of rejection, the competent authority shall specify reasons for rejection in writing;

c) the investor or construction contractor and competent authority in point a and b, clause 2, Article 12 hereof shall specify the waters and current conditions of navigation channels within the construction site;

d) Investors and construction contractors shall apply traffic safety measures during the construction. In case of adjustments to construction and operation methods, the investor or construction contractor shall submit an application for adjustment to traffic safety measures to the competent authority. The application for adjustment shall be made in conformity with Article 15 hereof and point a, b and c of this clause.

2. With respect to local inland waterways and specialized inland waterways connecting to local inland waterways.

a) The application shall be submitted to the Department of Transport. If the application is incomplete, the Department of Transport shall request the applicant to complete the application within 02 working days from the date of receipt; b) Within 05 working days from the date of receipt of valid application, the Department of Transport shall consider approving in writing. In case of rejection, the Department of Transport shall specify reasons for rejection in writing;

c) The investor or construction contractor and competent authority shall specify the waters and current conditions of navigation channels within the construction site;

d) Investors or construction contractors shall apply traffic safety measures during the construction. In case of adjustments to construction and operation methods, the investor or construction contractor shall submit an application for adjustment to traffic safety measures to the Department of Transport. The application for adjustment shall be made in conformity with Article 15 hereof and point a, b and c of this clause.

Article 17. Project operation

1. Within 30 days from the date of completion of the projects in clause 2, Article 11 hereof, the investor or construction contractor shall:

a) Install navigation signs and symbols under regulation of laws;

b) Clear obstacles and objects produced from the construction within and beyond the construction site

c) Transfer navigation channels and corridors to the local inland waterway authority in case of national inland waterways, specialized inland waterways connecting to national inland waterways, specialized inland waterways passing through at least two provinces or specialized inland waterways linking national inland waterways with local inland waterways or the Department of Transport in case of local inland waterways and specialized inland waterways connecting to local inland waterways.

2. Documents required for transfer of navigation channels and corridors stipulated in point c, clause 1 of this Article:

a) A record of inspection of the construction site after completion made by the investor or construction contract and inland waterway authority or Department of Transport

b) A recode of installation of navigation signs and symbols made by the waterway authority or Department of Transport and investor or contractor

c) A transfer record made by the investor or construction contractor and inland waterway authority or Department of Transport;

d) An as-built drawings including topographic maps of the construction site and clearance area after construction which are undersigned by the investor or construction contractor and inland waterway authority or the Department of Transport; longitudinal section profiles (for over bridges, overhead and submarine lines or pipelines) or cross-section profiles (for embankments, dams dredging and obstacle removal) and diagram of inland waterway signals

3. Inland waterway authorities or the Departments of Transport shall inspect, expedite and instruct investors or construction contractors to comply with clauses 1 and 2 of this Article within the administration.

4. Owners or owner’s representatives of irrigation works and hydropower plants shall send the inland waterway authority a prior notice of water discharge.

5. Investors or construction contractors who fail to comply with clauses 1 and 2 of this Article shall be responsible for consequences related to traffic safety within the administration.

Article 18. Inspection and handling of construction works and projects in progress

1. Relevant entities shall deal with construction works/projects in progress prescribed in clause 2, Article 11 hereof if the project or construction works affects traffic safety or it is requested by inland waterway authorities, traffic police or inspectors.

2. The competent authority shall inspect and request entities in charge of project or construction works management to apply traffic safety measures or have their project or construction works suspended if the project or construction works damages the inland waterway traffic or structure.

3. Any entity discovering projects or construction works that affect traffic safety shall promptly inform the competent authority or traffic police or inspectors.

4. For construction works which is in operation but the navigation signs and symbols have yet to be transferred to the inland waterway authority or the navigation signs and symbols are incomplete or unconformable to technical standards, the owner shall follow instructions of the competent authority.

Chapter VI

NAVIGATION RESTRICTION AND TRAFFIC SAFETY MEASURES

Article 19. Navigation restriction

Inland waterways subject to navigation restriction are prescribed in clause 1, Article 21 of the Law on inland waterway traffic.

Article 20. The power to impose navigation restriction

Otherwise clause 1, Article 21 hereof, the power to impose navigation restriction is as follows:

1. The Ministry of Transport has the power to impose navigation restriction on national inland waterways upon request of the Vietnam Inland Waterway Administration for national defense and security

2. The People’s Committee of provinces has the power to impose navigation restriction on local inland waterways upon request of the Vietnam Inland Waterway Administration for national defense and security purpose

3. Inland waterway authorities have the power to impose navigation restriction on national inland waterways; specialized inland waterways connecting to national waterways, specialized inland waterways passing through at least two provinces or specialized waterways linking national inland waterways with local inland waterways, except for those prescribed in clause 1 of this Article.

4. The Department of Transport has the power to impose navigation restriction on local inland waterways and specialized inland waterways connecting to local inland waterways other than those in clause 2 of this Article.

Article 21. Process for navigation restriction on inland waterways

1. In case of construction:

a) Prior to construction, the applicant shall submit an application for navigation restriction as prescribed in Article 15 hereof to the competent authority directly or by post or via other means. If the application is incomplete, the competent authority shall instruct the applicant to complete the application within 02 working days;

b) Where the traffic safety measure is approved under Article 16 hereof by the competent authority, the applicant shall submit a written request for navigation restriction to the competent authority prescribed in clause 2, Article 12 hereof directly or by post or via other means. The request shall specify location and duration of navigation restriction.

c) Within 05 working days from the date of receipt of valid application, the competent prescribed in clause 2, Article 12 hereof shall consider announcing navigation restriction.

2. In case of navigation restriction for national defense and security purpose, the applicant shall submit an application to the competent authority prescribed in clauses 1 and 2, Article 20 hereof.

a) The application includes:

A description of the traffic safety measure;

A layout plan which specifies the arrangement of traffic signs, traffic control stations and means of traffic control;

Personnel plans;

A Regulation on traffic movement or traffic flow

Date and duration of navigation restriction

b) The Vietnam Inland Waterway Administration shall receive applications, assess traffic safety measures and request the Ministry of Transport to consider announcing navigation restriction

c) The Department of Transport shall receive applications, assess traffic safety measures and request the People’s Committee of the province to consider announcing navigation restriction

3. Where festivals or sport events take place

a) The applicant shall submit relevant legal documents and an application for navigation restriction which specifies the location, date, scope and scale of the event to the competent authority stipulated in Article 20 hereof.

b) The competent authority shall assess the traffic safety measure and inform the applicant of requirements for traffic safety measures in writing within 05 working days from the date of receipt

4. In case of unexpected obstacles; flood control, Act of God and salvage, the power to announce navigation restriction shall conform to Article 20 hereof. The competent authority shall consider adopting appropriate traffic safety measures and announcing navigation restriction.

5. Construction contractors or entities wishing to unfolding events stipulated in clauses 2, 3 and 4 hereof shall pay all expenses for navigation restriction announcement and expenses for traffic safety measure implementation, except for obstacles for which person taking responsibilities is unidentified.

Article 22.Effect

This Circular takes effect on September 15, 2016. On the effective date of this Circular, the Circular No.70/2014/TT-BGTVT dated December 05, 2014 by the Minister of Transport on inland waterway management and Decision No.970/QD-BGTVT dated April 15, 2009 by the Minister of Transport on announcement of national inland waterways.

Article 23. Implementationprovisions

1. The Vietnam Inland Waterway Administration shall take charge of executing and inspecting the implementation of this Circular.

2. The Chief of Office, Chief Inspectors, Directors of Vietnam Inland Waterway Administration, Director of Departments of Transport, Heads of relevant agencies and entities shall implement this Circular./.

The Minister

Truong Quang Nghia