Procedures for announcement of the opening of inland container depots and operational suspension or closure of a dry port in Vietnam

Procedures for announcement of the opening of inland container depots and operational suspension or closure of a dry port in Vietnam (Internet image)

Procedures for announcement of the opening of inland container depots and operational suspension or closure of a dry port in Vietnam

Procedures for announcement of the opening of inland container depots and operational suspension or closure of a dry port in Vietnam are prescribed in Decree 38/2017/ND-CP (amended in Decree 74/2023/ND-CP) as follows :

Procedures for announcement of the opening of inland container depots in Vietnam

(1) The project owner shall send directly or by another appropriate mode to the Vietnam Maritime Administration 1 set of dossier, comprising:

- A declaration of the opening of an inland container depot, made according to Form No. 02 in the Appendix to Decree 38/2017/ND-CP;

- A certified copy of a competent authority’s decision approving the investment project to build an inland container depot as prescribed by law;

- Certified copies of lawful papers proving land use rights under regulations;

- The original written record of the takeover test of the completed depot work before operation, enclosed with as-built drawings of the depot infrastructure items;

- A certified copy of the decision approving the project’s environmental impact assessment report as prescribed;

- A certified copy of the written record of the takeover test of the satisfaction of fire prevention and fighting requirements as prescribed.

(2) The Vietnam Maritime Administration shall receive a dossier; if finding the dossier invalid, within 2 working days after receiving it, the Vietnam Maritime Administration shall issue a written instruction for the project owner to complete the dossier in accordance with Decree 38/2017/ND-CP; if finding the dossier valid, within 5 working days after receiving it, the Vietnam Maritime Administration shall appraise it and send a written request to the Ministry of Transport for announcement of the opening of an inland container depot under regulations.

(3) Within 3 working days after receiving the written request of the Vietnam Maritime Administration, the Ministry of Transport shall issue a decision to announce the opening of an inland container depot, made according to Form No. 03 in the Appendix to Decree 38/2017/ND-CP, and send it directly or by post to the project owner; in case of refusal, it shall issue a written reply to the project owner, stating the reason.

Procedures for announcing the opening of inland container depots for clearance depots already planned to be converted into inland container depots in Vietnam

After the conversion of a clearance depot into an inland container depot is approved, the opening of the inland container depot shall be announced according to the order and procedures prescribed in Article 20 of Decree 38/2017/ND-CP.

Operation suspension or closure of inland container depots in Vietnam 

(1) An inland container depot may be suspended from operation for maintenance or repair of the depot or to meet other requirements as prescribed by law. The project owner shall work out a plan before announcing the operation suspension of an inland container depot for maintenance or repair, ensuring that such suspension does not affect activities of agencies and units at the depot.

(2) An inland container depot may be closed to meet national defense and security maintenance requirements or when it no longer satisfies the prescribed conditions for operation or in other cases prescribed by law.

(3) Procedures for operational suspension or closure of a dry port

- The organization or individual that wishes to suspend operation or close a dry port shall submit an application directly or by post or via the online public service system to Vietnam Maritime Administration. The submitted application includes a declaration form for operational suspension or closure of a dry port which is made using Form No. 04 in the Appendix enclosed with Decree 38/2017/ND-CP;

- Within 05 working days after its receipt of the application, Vietnam Maritime Administration shall issue a decision to announce the operational suspension or closure of the dry port which is made using Form No. 05 in the Appendix enclosed with Decree 38/2017/ND-CP. In case of refusal, a written response indicating reasons for its refusal shall be given.

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