Operation of Equipment and Structures on Maritime Routes within Vietnamese Territorial Waters

Operations of equipment and structures along the maritime routes within the territorial waters of Vietnam must comply with the regulations specified in Article 34 of the Vietnamese Maritime Law of 2012 and the following provisions:

- Organizations and individuals, before conducting surveys, exploration, construction of structures, establishing safety belts of structures or other activities along the maritime routes within the territorial waters of Vietnam, must obtain written approval from the Ministry of Transport.

- Procedures for the implementation are as follows: Organizations or individuals should submit directly or through other appropriate means to the Ministry of Transport one set of documents, including the following:

- A written request to conduct surveys, exploration, construction of structures, establishing safety belts of structures or other activities along the maritime routes within the territorial waters of Vietnam;- Copies of documents, materials, and papers proving the necessity to conduct surveys, exploration, construction of structures, establishing safety belts of structures or other activities along the maritime routes within the territorial waters of Vietnam;- Copies of opinions from relevant agencies and organizations (if any).

- No later than 15 working days from the date of receipt of a valid dossier, the Ministry of Transport will issue a written approval and send it to the requester via postal system or the investor can directly collect it at the Ministry of Transport; if not approved, a written response with clear reasons will be provided.

- Upon expiration of use, equipment, and structures along the maritime routes within the territorial waters of Vietnam must be dismantled. Investors of marine equipment and structures unable to dismantle them due to technical reasons or force majeure must notify the Regional Maritime Administration about the location, size, shape, and depth and must install maritime signals and signs as regulated.

- The investor of the structure must take measures to protect their structures. No later than 03 working days before implementing the above regulations, the investor must notify the Regional Maritime Administration and relevant agencies and organizations to manage accordingly.

For further details, see: ND 16/2018/ND-CP, effective April 01, 2018.

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