Circular 50: Procedures for Approval of Inland Waterway Port Construction Policy

Circular 50: Procedure for Approval of Inland Waterway Port Construction Policy (illustrative image)

Article 6 of the Circular 50/2014/TT-BGTVT stipulates the procedure for approving the policy for the construction of inland waterway ports. To be specific:

Authority for Resolution:

- The Ministry of Transport approves the policy for constructing inland waterway ports that receive foreign waterway vehicles;- The Vietnam Inland Waterways Administration approves the policy for constructing inland waterway ports that do not receive foreign waterway vehicles on national inland waterway routes, specialized inland waterways connected to national inland waterways, specialized inland waterways located within the boundaries of multiple provinces and cities under central authority, inland waterway ports with areas both on national and provincial inland waterways or on national inland waterways and sea port waters;- The Department of Transport approves the policy for constructing inland waterway ports that do not receive foreign waterway vehicles on national inland waterway routes under its authorized management, local inland waterways, specialized inland waterways connected to local inland waterways, and inland waterway ports within sea port waters in its local administrative boundaries.

Form of Submitting Dossiers: The investor sends one (1) set of dossiers for approval of the policy for constructing inland waterway ports directly or through the postal system or another suitable method to the Vietnam Inland Waterways Administration or the Department of Transport.

Approval Dossier:

- Application form for approval of the policy for constructing inland waterway ports according to Form No. 1 in the Appendix issued with this Circular;- Diagram of the location of the proposed port construction, port layout, and water area in front of the port.

Processing Time:

- In case of direct dossier submission, if the dossier is complete, a receipt will be issued, and the result will be scheduled according to the prescribed time; if the dossier is incomplete, it will be returned immediately with guidance for the investor to complete it;- In case of dossier submission through the postal system or another suitable method, if the dossier is incomplete, within two (2) working days from the date of receipt, the Vietnam Inland Waterways Administration or the Department of Transport will issue a written request for the investor to supplement and complete the dossier;- For inland waterway ports that receive foreign waterway vehicles: The Vietnam Inland Waterways Administration or the Department of Transport will evaluate the dossier, submit the evaluation result to the Ministry of Transport along with one (1) set of the investor's dossier within five working days from the date of receipt of the complete dossier. The Ministry of Transport will seek opinions from the Ministry of Defense and the Ministry of Public Security. Within five working days from the date of receipt of the documents from the Ministry of Defense and the Ministry of Public Security, the Ministry of Transport will issue a written approval of the policy for the construction of the inland waterway port to the investor. In case of disapproval, a written response with reasons will be provided;- For inland waterway ports that do not receive foreign waterway vehicles: Within seven (7) working days from the date of receipt of the complete dossier, the Vietnam Inland Waterways Administration or the Department of Transport will issue a written approval of the inland waterway port construction policy to the investor. In case of disapproval, a written response with reasons will be provided;- For inland waterway ports located in sea port waters, before approving the policy for the construction of the inland waterway port, the Vietnam Inland Waterways Administration or the Department of Transport must obtain written opinions from the Regional Maritime Administration. Within two (2) working days from the date of receipt of the request letter from the Vietnam Inland Waterways Administration or the Department of Transport, the Regional Maritime Administration will respond in writing.

For details, see Circular 50/2014/TT-BGTVT which is effective from January 1, 2015.

Ty Na

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