From November 27, 2023, the Vietnam Maritime Administration will have the authority to immediately suspend and cease the operations of ship dismantling facilities?
From November 27, 2023, will the Vietnam Maritime Administration have the authority to immediately halt and cease the operations of ship dismantling facilities?
Article 11 of Decree 82/2019/ND-CP as amended by Clause 3 Article 4 of Decree 74/2023/ND-CP stipulates the immediate cessation of operations of ship dismantling facilities as follows:
Decision to immediately cease operations of ship dismantling facilities
1. Vietnam Maritime Administration decides to immediately halt the operations of a facility in the event of accidents or incidents causing serious consequences to humans or the environment, based on the proposal of competent state agencies.
2. Based on the proposal of competent state agencies, within one working day from the receipt of the written proposal, the Vietnam Maritime Administration shall review and decide to cease operations of the ship dismantling facility.
3. The Vietnam Maritime Administration shall notify relevant agencies and announce the decision to immediately cease operations of the ship dismantling facility on the Vietnam Maritime Administration's electronic portal.
Article 12 of Decree 82/2019/ND-CP as amended by Clause 4 Article 4 of Decree 74/2023/ND-CP stipulates the cessation of operations of ship dismantling facilities as follows:
Decision to cease operations of ship dismantling facilities
1. Vietnam Maritime Administration decides to cease operations of ship dismantling facilities in the following cases on the proposal of competent state agencies:
a) The ship dismantling facility fails to meet the operational conditions stipulated in Article 7 of this Decree;
b) For reasons of ensuring national defense and security;
c) In the event of epidemics, natural disasters, catastrophes, and other cases as prescribed by law.
2. Based on the proposal of competent state agencies, within five working days from the receipt of the written proposal, the Vietnam Maritime Administration shall review and decide to cease operations of the ship dismantling facility; if deciding not to cease operations of the used ship dismantling facility, the Vietnam Maritime Administration must provide a written response stating the reasons.
3. The Vietnam Maritime Administration shall notify relevant agencies and announce the decision to cease operations of the ship dismantling facility on the Vietnam Maritime Administration's electronic portal.
Thus, instead of being the Ministry of Transport, the newly regulated authority to immediately halt and cease the operations of ship dismantling facilities will be transferred to the Vietnam Maritime Administration.
From November 27, 2023, will the Vietnam Maritime Administration have the authority to immediately halt and cease the operations of ship dismantling facilities? (Image from the Internet)
Who has the authority to decide to launch operations of ship dismantling facilities?
Article 8 of Decree 82/2019/ND-CP as amended by Clause 1 Article 4 of Decree 74/2023/ND-CP stipulates the authority to decide to launch operations of ship dismantling facilities as follows:
Authority to decide to launch operations of ship dismantling facilities
The Director of the Vietnam Maritime Administration decides to launch operations of ship dismantling facilities.
Thus, from November 27, 2023, the authority to decide to launch operations of ship dismantling facilities belongs to the Director of the Vietnam Maritime Administration.
From November 27, 2023, what documents are required to apply for the launch of ship dismantling facilities?
Article 9 of Decree 82/2019/ND-CP as amended by Clause 2 Article 4 of Decree 74/2023/ND-CP stipulates the required documents to apply for the launch of ship dismantling facilities from November 27, 2023, as follows:
- Application letter for the launch of the ship dismantling facility;
- Environmental permit of the ship dismantling facility owner issued by a competent state agency (certified copy or copy with original for comparison or electronic copy or electronic copy from the original record or certified electronic copy from the original);
- Process for controlling hazardous and harmful elements and a plan for handling technical incidents causing serious labor safety and hygiene issues (original or certified copy or electronic copy or certified electronic copy from the original);
- Fire prevention and fighting review and acceptance document from the Fire and Rescue Police Department (certified copy or copy with original for comparison or electronic copy or electronic copy from the original record or certified electronic copy from the original).
Decree 74/2023/ND-CP takes effect from November 27, 2023.
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