Procedure for Formulating, Approving, Adjusting, and Supplementing the Annual Maritime Infrastructure Maintenance Plan
What is Maritime Construction Maintenance?
Based on Clause 2, Article 2 of Circular 19/2022/TT-BGTVT, the regulations are as follows:
“Article 2. Interpretation of terms
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2. Maritime construction maintenance is a set of tasks aimed at ensuring and maintaining the normal and safe operation of the construction according to the design regulations during its exploitation and use. Maritime construction maintenance can include one, several, or all of the following tasks: inspection, observation, quality assessment, maintenance and repair of the construction; supplementation, replacement of parts, equipment to ensure the safe exploitation and use of the construction, but not including activities that change the functionality, scale of the construction.”
Thus, maritime construction maintenance is a set of tasks performed to ensure and maintain the normal and safe operational status of maritime constructions according to the design during their usage.
Sequence of establishing, approving, adjusting, and supplementing the annual maintenance plan of maritime constructions from October 1, 2022? (Image from the Internet)
What are the contents of the annual maritime construction maintenance plan managed by the Ministry of Transport?
Based on Clause 3, Article 2 of Circular 19/2022/TT-BGTVT, the regulations are as follows:
“Article 7. Establishment, approval, and implementation of the maritime construction maintenance plan managed by the Ministry of Transport
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3. Contents of the annual maritime construction maintenance plan include:
a) Maintenance of maritime constructions;
b) Routine repairs of maritime constructions: dredging and maintaining public maritime channels, water areas; repairing breakwaters, embankments; repairing piers, ports; other maritime constructions;
c) Urgent repairs of maritime constructions;
d) Other tasks, including: establishing and adjusting procedures and standards for management, exploitation, and maintenance of constructions invested by the state budget that have been put into use; verification; observation; safety assessment; developing technical and economic standards; applying technology for the management, maintenance of maritime constructions.”
Thus, the annual maintenance plan for maritime constructions managed by the Ministry of Transport will follow the contents as specified above.
What is the sequence for establishing and approving the annual maritime construction maintenance plan?
Based on Clause 4, Article 7 of Circular 19/2022/TT-BGTVT, the regulations are as follows:
“Article 7. Establishment, approval, and implementation of the maritime construction maintenance plan managed by the Ministry of Transport
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4. Sequence for establishing and approving the annual maritime construction maintenance plan
a) Annually, based on the technical status of the construction, information about its scale and structure, maintenance history, actual maritime routes, water areas, other information and data, technical standards, maintenance procedures, and economic and technical standards, the Vietnam Maritime Administration reviews, compiles, establishes the plan, and estimates the maintenance needs for the following year to be submitted to the Ministry of Transport before May 30 each year;
b) The Ministry of Transport reviews, approves the maintenance needs plan for the following year before June 30 each year; compiles the plan and estimates the maintenance cost into the annual state budget revenue and expenditure forecast of the Ministry of Transport;
c) Based on the Decision on allocation of the state budget revenue and expenditure forecast by the Ministry of Finance and the maintenance budget for maritime constructions, the Vietnam Maritime Administration organizes a review of the list of constructions, necessary construction items, establishes the plan and estimates the maintenance cost, and submits it to the Ministry of Transport no later than 15 days from the date of receiving the state budget expenditure forecast notification from the Ministry of Transport;
d) The Ministry of Transport organizes the approval of the maritime construction maintenance plan no later than 15 days from the date of receiving the proposal from the Vietnam Maritime Administration.”
Thus, the establishment and approval of the annual maritime construction maintenance plan managed by the Ministry of Transport are carried out according to the sequence detailed above.
How are the adjustments and supplements to the maritime construction maintenance plan managed by the Ministry of Transport carried out?
Based on Clause 5, Article 7 of Circular 19/2022/TT-BGTVT, the regulations are as follows:
“Article 7. Establishment, approval, and implementation of the maritime construction maintenance plan managed by the Ministry of Transport
...
5. Adjustments and supplements to the maritime construction maintenance plan
a) During the establishment, appraisal, and approval of the construction design and estimate, the Vietnam Maritime Administration is allowed to adjust the dredging standards, volume, and estimated implementation cost of the construction without increasing the projected cost by more than 20%, without increasing the total projected cost in the approved maintenance plan, ensuring economic and technical efficiency, and maximizing the exploitation efficiency of the maritime routes, while reporting the adjustments to the Ministry of Transport; consolidating, and submitting the adjustments to the Ministry of Transport for approval before November 1 each year;
b) The Vietnam Maritime Administration reports to the Ministry of Transport for consideration and approval of adjustments and supplements to the maritime construction maintenance plan in cases where: the projected cost increase exceeds 20% of the previously approved construction cost plan; increases the total projected implementation cost; changes implementation time; constructions are not carried out; additional constructions outside the approved maritime construction maintenance plan.”
Thus, adjustments and supplements to the maritime construction maintenance plan managed by the Ministry of Transport are carried out according to the above regulations.
Circular 19/2022/TT-BGTVT will take effect from October 1, 2022.
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