Procedures for declaring operation of inland waterway docks, ports as of March 10, 2024 in Vietnam

Procedures for declaring operation of inland waterway docks, ports as of March 10, 2024 in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On January 25, 2024, the Government issued Decree 06/2024/ND-CP amending Decree 08/2021/ND-CP on management of inland waterway operations

Procedures for declaring operation of inland waterway docks, ports as of March 10, 2024 in Vietnam

From March 10, 2024, the procedures for declaring operation of inland waterway docks, ports are as follows:

Prior to bringing inland waterway docks, ports into use, owners of docks and ports shall submit request for declaration of operation in person or via post service or via online public service portal or via other appropriate means:

- In respect of inland waterway ports receiving foreign watercrafts: The request shall be submitted to Vietnam Inland Waterway Administration (in respect of inland waterway ports located on national inland waterway, specialized inland waterway connected to national inland waterway, inland waterway whose waters and/or land is connected to national inland waterway and local inland waterway, inland waterway ports in seaport waters connected to national inland waterway), Departments of Transport (in respect of inland waterway ports located on local inland waterway, specialized inland waterway connected to local inland waterway, inland waterway ports in seaport waters connected to local inland waterway in provinces and central-affiliated cities) for appraisal.

Within 5 working days from the date on which adequate documents are received, Vietnam Inland Waterway Administration and Departments of Transport shall appraise the request and report to Ministry of Transport if the documents are adequate. Within 5 working days from the date on which adequate documents and appraisal reports are received, Ministry of Transport shall declare operation of inland waterway ports;

- In respect of inland waterway ports that do not receive foreign watercrafts: The request shall be submitted to Vietnam Inland Waterway Administration (in respect of inland waterway ports mentioned under Point b Clause 2 Article 15 of Decree 08/2021/ND-CP) or Departments of Transport (in respect of inland waterway ports mentioned under Point c Clause 2 Article 15 of Decree 08/2021/ND-CP). Within 5 working days from the date on which adequate documents are received, the Vietnam Inland Waterway Administration or Departments of Transport shall declare operation of inland waterway ports;

- In respect of inland waterway docks: The request shall be submitted to district People’s Committees. Within 5 working days from the date on which adequate documents are received, district People’s Committees shall declare operation of inland waterway docks;

- In case of online submission, composition of the request shall be original copies or electronic copies of corresponding documents under Clause 2 (in respect of request for declaration of operation of inland waterway ports) or Clause 3 (in respect of request for declaration of operation of inland waterway docks) Article 18 of Decree 08/2021/ND-CP;

- In respect of direct submission, if the documents are adequate, issue receipt and return results within prescribed time limit; in case of inadequate documents, immediately reject and instruct applicants to amend the documents;

In case of receipt via post service or online public service portal or other appropriate means, if documents are inadequate, within 2 working days from the date on which documents are received, receiving agencies shall inform applicants via post service or online public service portal or other appropriate means, state reason, and request amendments to the request.

More details can be found in Decree 06/2024/ND-CP taking effect on March 10, 2024.

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