What are the conditions for the decentralization of specialized state management of inland waterway transport in Vietnam?

Has there been a circular on the decentralization of specialized state management of inland waterway transport in Vietnam?

On November 28, 2023, the Minister of Transport issued Circular 33/2023/TT-BGTVT on the decentralization of specialized state management of inland waterway transport at ports, inland waterway wharves, and anchorage areas.

The Circular 33/2023/TT-BGTVT stipulates the scope of decentralization of the provincial People's Committees in state management of inland waterway transport at ports, inland waterway wharves, and anchorage areas under the scope of management of the Ministry of Transport.

The circular applies to organizations and individuals related to the decentralization of specialized state management of inland waterway transport at ports, inland waterway wharves, and anchorage areas within the scope of the Ministry of Transport's management.

What are the conditions for the decentralization of specialized state management of inland waterway transport in Vietnam? - Source: Internet

What are the conditions for the decentralization of specialized state management of inland waterway transport in Vietnam?

Article 4 of Circular 33/2023/TT-BGTVT provides that the Ministry of Transport will delegate to the provincial People's Committees to organize the implementation of specialized state management of inland waterway transport at ports, inland waterway wharves, and anchorage areas when they meet the following conditions:

- Have an organization and machinery of inland waterway port authorities in accordance with the provisions of Circular 18/2021/TT-BGTVT.

- Ensure the number of civil servants, public employees, and workers with appropriate professional qualifications for the positions and approved staffs.

- Ensure the conditions for infrastructure and other necessary conditions to organize the implementation of specialized state management at ports, inland waterway wharves, and anchorage areas that are delegated in accordance with the regulations.

What are the principles of decentralization of specialized state management of inland waterway transport in Vietnam?

Article 3 of Circular 33/2023/TT-BGTVT provides for the principles of decentralization as follows:

Principles of decentralization

The decentralization shall be ensured in accordance with the principles prescribed in Clause 2, Article 11 of the Law on Organization of Local Government.

As regulations above, the principles of decentralization of specialized state management of inland waterway transport in Vietnam are as follows:

Therefore, the decentralization of specialized state management of inland waterway transport shall be carried out in accordance with the following principles:

- Ensuring unified state management in terms of institutions, policies, strategies, and planning for sectors and fields; ensuring the unity and continuity of the national administrative system;

- Promoting the autonomy and self-responsibility of local governments at administrative units in carrying out the tasks of state management on the territory in accordance with the law;

- Closely combining management by sector with management by territory, clearly defining the tasks of state management between local governments at different levels for economic and social activities in the territorial area;

- The division of powers must be appropriate to the conditions, characteristics of rural, urban, and island areas and the characteristics of the sectors and fields;

- Issues related to the scope of two or more commune-level administrative units shall fall within the competence of the local government at district level;

- Issues related to the scope of two or more district-level administrative units shall fall within the competence of the local government at provincial level;

- Issues related to the scope of two or more provincial-level administrative units shall fall within the competence of the state agency at the central level, except where laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, or decrees of the Government provide otherwise;

- The delegation and decentralization to local governments at different levels must ensure the conditions in terms of finance, human resources, and other necessary conditions; linking delegation and decentralization with the inspection and audit mechanism when implementing delegation and decentralization.

Local governments shall carry out the tasks and powers that have been delegated and decentralized and shall be responsible within the scope of the delegation and decentralization.

What are regulations on the scope of decentralization of specialized state management of inland waterway transport in Vietnam?

Article 5 of Circular 33/2023/TT-BGTVT provides for the content and scope of decentralization as follows:

Content and scope of decentralization

1. Content of decentralization: Implementing specialized state management of inland waterway transport at ports, inland waterway wharves, and anchorage areas in accordance with the provisions of Circular No. 18/2021/TT-BGTVT dated September 14, 2021, of the Minister of Transport on the organization and operation of Inland Waterway Port Authorities.

2. Scope of decentralization: Ports, inland waterway wharves, and anchorage areas located on national inland waterways, specialized inland waterways connected to national inland waterways; Ports, inland waterway wharves, and anchorage areas with land and water areas located both on national inland waterways and on local inland waterways, except for inland waterway routes bordering two or more provinces, national inland waterways crossing or located on borders; Ports, inland waterway wharves, and anchorage areas located in the port water area connecting to national inland waterways.

In summary, the decentralization of specialized state management of inland waterway transport is carried out within the following scope:

- Ports, inland waterway wharves, and anchorage areas located on national inland waterways, specialized inland waterways connected to national inland waterways;

- Ports, inland waterway wharves, and anchorage areas with land and water areas located both on national inland waterways and on local inland waterways, except for inland waterway routes bordering two or more provinces, national inland waterways crossing or located on borders;

- Ports, inland waterway wharves, and anchorage areas located in the port water area connecting to national inland waterways.

Note: Circular 33/2023/TT-BGTVT takes effect on January 15, 2024.

Best regards!