Procedure for Requesting the Re-announcement of Inland Waterway Ports

Procedure for requesting the reannouncement of inland waterway ports (Illustrative Image)

Circular 50/2014/TT-BGTVT stipulates that an inland waterway port must be reannounced in three cases: when there is a change of ownership; the decision on the announcement of operations has expired; or changes in the port’s structural facilities, land area, water area, or its use. The port owner must send 01 (one) set of documents requesting the reannouncement of the inland waterway port directly or through the postal system or other suitable forms to the Vietnam Inland Waterway Agency or the Department of Transport. The dossier includes:

- An application for the reannouncement of the inland waterway port according to Form No. 10 attached to this Circular;- In the case of a change of ownership without altering announced contents, the port owner must include legal documents on port transfer and documents related to ownership transfer or a legal document on division or merger (if any) along with the application;- In the case of reannouncement due to changes in the port’s structural facilities, water area, land area, or port use, the port owner must include certified copies of documents proving the changes with the application;- In the case of reannouncement due to expansion or upgrade to increase port throughput capacity, it must be executed according to the regulations in Article 10 of this Circular for the expanded or upgraded part;- For inland waterway ports announced before January 01, 2005 due to loss of documentation, the port owner must include a site plan of the port structure, a topographic map of the water area, and the land area of the port with the application.

The Vietnam Inland Waterway Agency or the Department of Transport shall receive, inspect, and process as follows:

In the case of direct submission, if the dossier is complete, a receipt note shall be issued, and a time limit for receiving the results is specified; if the dossier is incomplete, it shall be returned immediately with guidance for completion.

In the case of submission via postal system or other appropriate methods, if the dossier is incomplete, within 02 (two) working days from the date of receiving the dossier, the Vietnam Inland Waterway Agency or the Department of Transport shall issue a written request for the port owner to supplement and complete the dossier.

For inland waterway ports receiving foreign watercraft: within the scope of their responsibilities, the Vietnam Inland Waterway Agency or the Department of Transport shall appraise the dossier and submit it to the Ministry of Transport along with 01 (one) set of documents requesting the reannouncement of the inland waterway port within 03 (three) working days from the date of receiving the complete dossier as per regulations. The Ministry of Transport shall issue a decision to reannounce the operations of the inland waterway port according to Form No. 5 attached to this Circular and send it to the port owner within 03 (three) working days from the date of receiving the appraisal presentation and requested reannouncement dossier. In the case of disapproval, a written response indicating the reasons must be issued.

For inland waterway ports not receiving foreign watercraft: within 03 (three) working days from the date of receiving the complete dossier as per regulations, the Vietnam Inland Waterway Agency or the Department of Transport shall issue a decision to reannounce the operations of the inland waterway port according to Form No. 5 attached to this Circular and send it to the port owner. In the case of disapproval, a written response indicating the reasons must be issued.

The validity duration of the decision to reannounce the operations of the inland waterway port corresponds to the land use duration granted by the competent authority to the port owner or as requested by the port owner.

For more details, refer to Circular 50/2014/TT-BGTVT effective from January 01, 2015.

Ty Na

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