Procedures for Approval of Maritime Signaling Establishment from November 27, 2023: How to Proceed?
Procedure for Approving the Establishment of Maritime Signals from November 27, 2023, How Will it be Carried Out?
On October 11, 2023, the Government of Vietnam issued Decree 74/2023/ND-CP, amending and supplementing certain articles of decrees related to the decentralization of administrative procedure resolution in the maritime sector.
In Clause 2, Article 40 of Decree 58/2017/ND-CP as amended by Clause 2, Article 1 of Decree 74/2023/ND-CP, the procedure for approving the establishment of maritime signals from November 27, 2023, is prescribed as follows:
Case 1: For maritime signals established within port waters.
Step 1: Organizations or individuals submit 01 application dossier to the Maritime Administration.
Submission method: directly, via postal system, or through the online public service system.
Step 2: Application reception
If the dossier is incomplete, within 02 working days from the receipt of the dossier, the Maritime Administration will guide the completion of the dossier.
If the dossier is complete, within 05 working days from the receipt of the dossier, the Maritime Administration will issue a written approval for the establishment of the maritime signal; in case of disapproval, a written response with clearly stated reasons must be provided.
Case 2: For maritime signals established outside port waters, or maritime signal systems established both within and outside port waters, or maritime signal systems established across multiple port waters under the management of different Maritime Administrations.
Step 1: Organizations or individuals submit 01 application dossier directly or via postal system or through the online public service system to the Vietnam Maritime Administration.
Step 2: Application reception
If the dossier is incomplete, within 02 working days from the receipt of the dossier, the Vietnam Maritime Administration will guide the completion of the dossier.
If the dossier is complete, within 05 working days from the receipt of the dossier, the Vietnam Maritime Administration will issue a written approval for the establishment of the maritime signal; in case of disapproval, a written response with clearly stated reasons must be provided.
Procedure for Approving the Establishment of Maritime Signals from November 27, 2023 (Image from the Internet)
What Documents are Included in the Application for Approving the Establishment of Maritime Signals from November 27, 2023?
In Clause 1, Article 40 of Decree 58/2017/ND-CP as amended by Clause 2, Article 1 of Decree 74/2023/ND-CP, the application for approving the establishment of maritime signals is prescribed as follows:
Procedure for Approving the Establishment of Maritime Signals
1. The application for approving the establishment of maritime signals includes:
a) A request letter from the organization or individual according to Form No. 15 stipulated in the Appendix issued with this Decree;
b) A copy accompanied by the original for comparison or an electronic copy or an electronic copy from the original book or an electronic certified copy of the original technical design of the maritime signal;
c) A copy accompanied by the original for comparison or an electronic copy or an electronic copy from the original book or an electronic certified copy of the original diagram and coordinates of the maritime signal establishment position.
...
Thus, the application for approving the establishment of maritime signals from November 27, 2023, includes the following documents:
- Request letter for approving the establishment of maritime signals;
- A copy accompanied by the original for comparison or an electronic copy or an electronic copy from the original book or an electronic certified copy of the original technical design of the maritime signal;
- A copy accompanied by the original for comparison or an electronic copy or an electronic copy from the original book or an electronic certified copy of the original diagram and coordinates of the maritime signal establishment position.
What General Regulations Must a Maritime Signal Comply With?
Under Article 38 of Decree 58/2017/ND-CP, the following general regulations must be complied with for maritime signals:
- The investment in the construction of maritime signals must comply with the provisions of this Decree, the laws on investment, and construction. Maritime signals must be located at necessary positions to ensure maritime safety.
- The Ministry of Transport organizes the implementation of state management over maritime signals.
- The Maritime Administration is responsible for inspecting the operation of the maritime signal system within port waters and managed areas.
- Enterprises ensuring maritime safety are assigned to manage operations and are responsible for the safety of the maritime signal system.
- Organizations and individuals managing and operating public maritime channels, private maritime channels, waters in front of port berths, or conducting surveys, construction, and exploitation of projects in port waters and Vietnam's territorial waters are obliged to establish, manage, operate, and ensure the safety of maritime signals on those channels and waters according to the announced standards and technical regulations.
- The Minister of Transport shall detail the management of the operation of the maritime signal system; issue national technical regulations on maritime signals.
Note: Decree 74/2023/ND-CP takes effect from November 27, 2023.
LawNet