Hi Lawnet. I have a question. Can the application for announcement of the opening of a port or wharf be sent online or by post because I do not have time to go directly to the state agency? – Hai Ha (Quang Tri, Vietnam)
Article table of contents
Vietnam's Decree 69/2022/ND-CP issued by the government on September 23, 2022, amends Decrees on regulations related to business activities in the maritime sector.
Form of submission of application for announcement of the opening of ports and wharves in Vietnam
According to the new regulations in Vietnam's Decree 69/2022/ND-CP, the form of submitting the application for announcement of the opening of a port or wharf has been added, including sending it through the postal system or through the online public service system.
After completing the construction of a port, wharf, floating terminal, water area or water area, the investor sends it directly or through the postal system or through the online public service system or in the form of other appropriate documents to the Vietnam Maritime Administration to request the announcement of the opening of a port, wharf, floating terminal, water area or water area.
The investor is responsible for selecting an organization that has the function of surveying, searching for obstacles, and clearing obstacles (if any) in the waters of the floating docks, the waters in front of the harbors or wharfs, navigational channels, water zones, and waters as prescribed.
After completing the survey, search, and clearance of obstacles as prescribed, the parties must organize the acceptance and make a record of the acceptance of survey results, obstacle detection, and obstacle clearance in the field. water areas of floating berths, waters in front of harbours, wharves, navigational channels and other water areas and waters.
Additional form of submitting application for announcing the opening of ports and wharves in Vietnam (ISource: Internet)
Application for announcement of opening of ports and wharves in Vietnam
According to Vietnam's Decree 58/2017/ND-CP, the application for announcement of the opening of ports, wharves and water zones and water areas includes:
- A written request for the announcement, made using Form No. 06 provided in the Appendix enclosed with Vietnam's Decree 58/2017/ND-CP;
- The record on the commissioning of the completely constructed structure before its first use, enclosed with the written consent to the commissioning results, as-built drawing of land, vertical view and cross-section view of the port, wharf and dedicated waters;
- The notice to mariners, enclosed with the contour map of the navigational channel through which ships arrive at or depart from a port, wharf or dedicated waters; commissioning record signed by the investor and competent organization on the results of survey of obstacles on the bottom of the waters in front of the port, wharf or dedicated waters;
- The decision on approval for the environmental impact assessment report of the project;
- Commissioning record on fire prevention and fighting;
- A copy of the certificate of port security according to regulations.
Procedures for receipt and processing of applications for announcement of opening of ports and wharves
The Vietnam Maritime Administration shall receive the application. If the application is invalid, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed in Vietnam's Decree 58/2017/ND-CP.
If the application is valid, within 03 working days from the day on which such application is received, the Vietnam Maritime Administration shall issue the decision on announcement of the opening of a port, wharf, floating terminal, or dedicated waters, made using the Form No. 07 provided in the Appendix enclosed with Vietnam's Decree 58/2017/ND-CP and submit the decision by post to the investor or the investor shall receive it directly at the Vietnam Maritime Administration.
Note:
- For the seaport that has only one terminal or wharf, after completing the procedures for announcement of opening of a seaport, the investor shall follow the procedures for announcement of opening of the port or wharf as prescribed in Article 14 of Vietnam's Decree 58/2017/ND-CP. before putting it into operation.
- The documents prescribed in Points d, dd and e, Clause 3 of Article 14 of Vietnam's Decree 58/2017/ ND-CP are not mandatory for dedicated waters that only serve pilot boarding, phytosanitary inspection or sheltering, is used to anchor ships waiting to enter ports, ports or wharves, anchor public service ship, does not transship or load cargoes or provide other transport services.
Chau Thanh
