What is implementation of supervision of construction of works affecting the safety perimeter of maritime works in Vietnam?

1. What is implementation of supervision of construction of works affecting the safety perimeter of maritime works in Vietnam?

Pursuant to Article 9 of Decree 143/2017/ND-CP stipulating supervision of construction of works affecting the safety perimeter of maritime works in Vietnam as follows:

1. Works shall be constructed according to the seaport development planning and other relevant approved planning, regulations on protection of maritime works, assurance of maritime safety and security and regulations on environmental protection specified in this Decree and other relevant regulations of law.

2. During formulation of works affecting the safety perimeter of maritime works, investors, operators and managers shall comply with regulations on supervision of construction of works within seaport waters, maritime work protection plan, regulations of this Decree, Government’s Decree No. 58/2017/ND-CP dated May 10, 2017 elaborating certain articles of Vietnam Maritime Code and other relevant regulations of law.

3. The port authority shall inspect and supervise construction of works affecting the safety perimeter of maritime works according to the approved work protection planning and plan, and regulations on maritime safety and security assurance and environmental pollution prevention.

4. Investors, operators and managers shall comply with regulations on planning management, work investment, operation and maintenance to ensure quality and safety during operation of works.

2. What are responsibilities of the Ministry of Transport for protection of maritime works in Vietnam?

According to Article 10 of Decree 143/2017/ND-CP, responsibilities of the Ministry of Transport are as follows:

1. Review and complete legislative documents and technical regulations concerning protection of maritime works.

2. Direct relevant authorities and units to inspect, supervise and take actions against violations committed upon the implementation of regulations of the law on protection of maritime works.

3. Direct the Vietnam Maritime Administration to review and instruct relevant organizations and individuals to complete the plan for protection of the maritime works that are operated and used before the effective date of this Decree without a plan for protection thereof.

4. Provide guidance on determination of the safety perimeter of maritime works at the request of the investor or manager/operator.

5. Disseminate and provide guidance on the implementation of regulations of the law on protection of maritime works for organizations and individuals related to maritime operations carried out at seaports.

6. Apply information technology to management to facilitate and ensure effectiveness of protection of maritime works.

3. What are regulations on cooperation in management upon protection of maritime works in Vietnam? 

Article 15 of Decree 143/2017/ND-CP stipulates cooperation in management upon protection of maritime works as follows:

1. The port authority shall take charge and cooperate with regulatory authorities at ports in protection of maritime works.

2. Regulatory authorities at ports shall closely cooperate with each other in taking timely actions against violations or respond to maritime accidents.

3. Any arising issues in relation to functions and tasks of other regulatory authorities should be promptly resolved after these authorities consult and reach an agreement with one another. In case of disagreement, promptly inform the port authority. Regulatory authorities shall report the issues beyond their power to their superior authority. When necessary, relevant ministries shall cooperate with the Ministry of Transport in resolving such issues and shall issue their resolution decisions to relevant organizations and individuals within 04 hours after receiving a report on such issues.

Best Regards!