Conditions for decentralizing state management of inland waterway transportation at ports and wharves in Vietnam

Conditions for decentralizing state management of inland waterway transportation at ports and wharves in Vietnam (Internet image)

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

1. Conditions for decentralizing state management of inland waterway transportation at ports and wharves

The Ministry of Transport delegated authority to the Provincial People's Committee to organize and implement specialized state management of inland waterway transportation at ports, inland wharves, and anchorage areas.
when the following conditions are met:

- Have an organization and apparatus of inland waterway port authorities according to regulations in Circular 18/2021/TT-BGTVT.

- Ensure the number of civil servants, public employees, and workers with professional qualifications appropriate to the job position and approved payroll according to regulations.

- Ensure physical facilities and other necessary conditions to organize and implement specialized state management at ports, inland wharves, and anchorage areas decentralized according to regulations.

(Article 4 of Circular 33/2023/TT-BGTVT)

2. Content and scope of decentralization of state management of inland waterway transportation at ports and landing stages in Vietnam

- Decentralized content: implement specialized state management of inland waterway transportation at ports, inland wharves, and anchorage areas according to regulations in Circular 18/2021/TT-BGTVT.

- Scope of decentralization: ports, inland waterway wharfs, anchorage areas on national inland waterways, specialized inland waterways connecting to national inland waterways; ports, inland waterway wharfs, anchorage areas with land and water areas located on national inland waterways and on local inland waterways, except for inland waterways bordering 02 or more provinces and cities, national inland waterways across borders or on borders; ports, inland wharves, and anchorage areas in seaport waters connected to national inland waterways.

(Article 5 of Circular 33/2023/TT-BGTVT)

3. Responsibility for state management of inland waterway transportation at ports and landing stages in Vietnam

3.1 Responsibilities of the Provincial People's Committee

- Organize the implementation of decentralized tasks and powers according to the provisions of Section 2.

- Be responsible before the law and the Ministry of Transport in organizing the implementation of assigned tasks and powers according to the provisions of section 2.

- Receive civil servants, public employees, and workers performing tasks at ports, inland wharves, anchorages, and other facilities within the scope of decentralization.

- Report on the results of the implementation of decentralized tasks and powers according to the provisions of Circular 50/2014/TT-BGTVT (amended by Circular 35/2020/TT-BGTVT).

(Article 6 of Circular 33/2023/TT-BGTVT)

3.2 Responsibilities of Vietnam Inland Waterways Department in Vietnam

- Synthesize, make statistics, and hand over specialized state management work at ports, inland wharves, and anchorage areas within the scope of decentralization according to the provisions of this Circular.

- Inspect and examine the implementation of tasks and powers within the scope of decentralization of localities according to the provisions of law.

- Annually synthesize and evaluate the implementation of the contents of the decentralized agencies and report to the Ministry of Transport according to the reporting regulations in Circular 50/2014/TT-BGTVT (amended by Circular 35/2020/TT-BGTVT).

- Suggestions and recommendations to the Ministry of Transport:

+ Decentralize provincial-level People's Committees to perform specialized state management at ports, inland wharves, and anchorage areas when meeting the principles and conditions specified in this Circular;

+ Terminate decentralization in case the Provincial People's Committee does not maintain the principles and conditions for decentralization as prescribed in this Circular or the implementation of decentralized tasks and powers is ineffective.

(Article 5 of Circular 33/2023/TT-BGTVT)

More details can be found in Circular 33/2023/TT-BGTVT taking effect on January 15, 2024.

Ho Quoc Tuan

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