Will authority to agree on technical specifications for construction of ports and landing stages be changed from March 10, 2024 in Vietnam?

Will authority to agree on technical specifications for construction of ports and landing stages be changed from March 10, 2024 in Vietnam?

On January 25, 2024, the Government issued Decree 06/2024/ND-CP amending and supplementing a number of articles of Decree 08/2021/ND-CP dated January 28, 2021 of the Government regulating on management of inland waterway activities.

According to Clause 2, Article 15 of Decree 08/2021/ND-CP stipulating the agreement on technical specifications for the construction of ports and landing stages before March 10, 2024:

Agreement on technical specifications for construction of ports and landing stages

...

2. Agreement authority

....

c) Department of Transport agrees on technical specifications for construction of inland waterway ports on local inland waterways, specialized inland waterways connecting to local inland waterways, inland waterway ports within port waters seas connecting to local inland waterways and landing stages in provinces and centrally run cities, except for the cases specified in Point a of this Clause and other cases decided by the Ministry of Transport.

....

According to Clause 2, Article 15 of Decree 08/2021/ND-CP amended by Clause 1, Article 1 of Decree 06/2024/ND-CP, which has amended and supplemented the authority to negotiate technical specifications for port and landing stage construction from March 10, 2024 as follows:

Agreement on technical specifications for construction of ports and landing stages

...

2. Agreement authority

....

c) Department of Transport agrees on technical specifications for construction of inland waterway ports on local inland waterways, specialized inland waterways connecting to local inland waterways, inland waterway ports within port waters seas connecting to local inland waterways in provinces and centrally run cities, except for the cases specified in Point a of this Clause and other cases decided by the Ministry of Transport.

d) District-level People's Committees agree on technical specifications for the construction of landing stages in the area under their management.

....

Thereby, it can be seen that from March 10, 2024, the authority to negotiate technical specifications for inland waterway construction in areas under the management of the district-level People's Committee has been added in Vietnam.

Will authority to agree on technical specifications for construction of ports and landing stages be changed from March 10, 2024 in Vietnam? (Image from the Internet)

Will the district-level People's Committee have authority to agree on technical specifications for the construction of cross-river passenger landing stages and landing stages to serve the construction of main works from March 10, 2024 in Vietnam?

According to Clause 2, Article 16 of Decree 08/2021/ND-CP amended by Clause 2, Article 1 of Decree 06/2024/ND-CP stipulating the agreement on technical specifications for the construction of cross-river passenger landing stages and landing stages. The location serving the main construction works:

Agreement on technical specifications to build a cross-river passenger landing stage and a landing stage to serve the construction of main works

1. Agreement content

a) Location of stage construction;

b) Functions of the stage;

c) Scale of stage construction.

2. Agreement authority

District-level People's Committees agree on technical specifications for the construction of cross-river passenger landing stages and landing stages to serve the construction of main projects in the area under their management.

...

According to this Article, from March 10, 2024, the authority to agree on technical specifications for the construction of cross-river passenger landing stages and landing stages serving the construction of main works will belong to the district-level People's Committee instead of the authority of the Department of Transport in Vietnam.

What is change in the agency that receives decisions to announce the operations of inland ports and landing stages in Vietnam?

According to Clause 1, Article 18 of Decree 08/2021/ND-CP amended by Point b, Clause 3, Article 1 of Decree 06/2024/ND-CP, regulations on announcement of inland waterway port and landing stage operations are as follows:

Announcement of inland waterway port and landing stage operations

....

10. Within 02 working days from the date of signing the decision, the agency announcing port and landing stage operations is responsible for sending the decision announcing operations to the following individuals and organizations:

a) Investor;

b) Ministry of National Defense, Ministry of Public Security, Ministry of Health, Ministry of Agriculture and Rural Development, Provincial People's Committee (for ports receiving foreign watercraft);

c) Vietnam Inland Waterways Department (for inland waterway ports);

d) Inland waterway port authorities, maritime port authorities (for inland waterway ports and landing stages in seaport waters), and relevant regional Inland Waterway Sub-Departments;

d) Department of Transport;

e) District and commune-level People's Committees where inland ports and wharves are located;

g) Border guards, customs, health agencies (for ports and landing stages in border gate areas) and relevant organizations and individuals.

Thus, from March 10, 2024, the agencies that announce port and landing stage operations are responsible for sending decisions to announce operations in Vietnam including:

- Investor;

- Ministry of National Defense, Ministry of Public Security, Ministry of Health, Ministry of Agriculture and Rural Development, Provincial People's Committee (for ports receiving foreign waterway vehicles);

- Vietnam Inland Waterways Department (for inland waterway ports);

- Inland waterway port authorities, maritime port authorities (for inland waterway ports and landing stages in seaport waters), and relevant regional Inland Waterway Sub-Departments;

- Department of Transport;

- District and commune-level People's Committees where inland ports and landing stages are located;

- Border guards, customs, health agencies (for ports and landing stages in border gate areas) and relevant organizations and individuals

Decree 06/2024/ND-CP takes effect from March 10, 2024

Best regards!