Procedure for Announcing Inland Waterway Port Operations According to Circular 50/2014/TT-BGTVT

Procedures for Announcing Inland Waterway Port Operations under Circular 50/2014/TT-BGTVT (Illustration)

Circular 50/2014/TT-BGTVT stipulates specific procedures for announcing inland waterway port operations. The port owner submits 01 (one) set of documents requesting the announcement of inland waterway port operations directly or through the postal system or other suitable forms to the Vietnam Inland Waterways Administration or the Department of Transport. The documents include:

- Application for announcing the inland waterway port;- Authenticated copy of the investment decision for port construction by the competent authority as prescribed by investment law or a copy accompanied by the original for comparison;- Approved technical design documents; as-built documents;- Construction acceptance minutes;- Water area diagram of the port;- Copy of the certificate of technical safety and environmental protection of floating buoy (if using floating buoy instead of pier);- Copy of the security certification document for inland waterway port receiving foreign waterway vehicles.

The Vietnam Inland Waterways Administration or the Department of Transport receives, checks, and processes as follows:

- In the case of direct submission, if the documents are complete, a receipt for the documents is issued and a date is set for returning the results as per the prescribed timeframe; if the documents are incomplete as per regulations, they are returned immediately, and the port owner is guided to complete the documents;- In the case of submission through the postal system or other suitable forms, if the documents are incomplete as per regulations, within 02 (two) working days from the date of receiving the documents, the Vietnam Inland Waterways Administration or the Department of Transport issues a written request for the port owner to supplement and complete the documents;- For inland waterway ports receiving foreign waterway vehicles: Within the scope of their responsibility, the Vietnam Inland Waterways Administration or the Department of Transport appraises the documents, submits the appraisal results to the Ministry of Transport, along with 01 (one) set of documents requesting the announcement of inland waterway port operations submitted by the port owner within 05 (five) working days from the date of receiving complete documents as per regulations. The Ministry of Transport issues the decision to announce inland waterway port operations and sends it to the port owner within 05 (five) days from the date of receiving the appraisal submission. In case of non-acceptance, a written reply stating the reasons must be provided;- For inland waterway ports not receiving foreign waterway vehicles: Within 05 (five) working days from the date of receiving the documents as per regulations, the Vietnam Inland Waterways Administration or the Department of Transport issues the decision to announce inland waterway port operations according to Form No. 5 in the Appendix issued with this Circular and sends it to the port owner. In case of non-acceptance, a written reply stating the reasons must be provided.

Validity period of the decision to announce inland waterway port operations: The validity period of the decision to announce inland waterway port operations is equal to the land use term granted by the competent authority to the port owner or as proposed by the port owner.

Note: In case a newly constructed part of the pier is completed but the investor needs to use it immediately to serve the construction of other items of the port, the competent authority can be requested to temporarily announce the completed pier part as per the above regulations, and the validity period of the temporary announcement decision does not exceed 12 months.

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

Ty Na

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