What are the procedures for putting aids to navigation into operation in Vietnam? – Van Tan (Dong Nai)
Procedures for putting aids to navigation into operation in Vietnam (Internet image)
Decree 74/2023/ND-CP providing amendments to Decrees prescribing division of authority to handle administrative procedures in maritime sector in Vietnam.
In particular, the procedures for putting aids to navigation into operation are prescribed in Decree 58/2017/ND-CP (amended in Decree 74/2023/ND-CP) as follows:
(1) An application for approval for putting aids to navigation into operation includes:
- The application form made using Form No. 16 in the Appendix enclosed with Decree 58/2017/ND-CP;
- The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the record of commissioning and transfer;
- The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the contour map of obstacles found on the newly constructed navigational channel route that is carried out by a unit licensed to measure and survey. This unit shall assume the joint responsibility with the investor for legality of the survey documents;
- The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the notice to mariners about the establishment of new aids to navigation.
(2) If the aids to navigation are to be established within seaport waters, the investor shall submit an application directly or by post or via the online public service system to the relevant port authority.
The port authority shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in Decree 58/2017/ND-CP within 02 working days upon its receipt of the application.
If the application is valid, within 05 working days from the receipt of the application, the port authority shall issue a decision to put aids to navigation into operation. In case of refusal, a written response indicating reasons for its refusal shall be given.
(3) If the aids to navigation are to be established outside seaport waters or both within and outside seaport waters or within seaport waters under jurisdiction of different port authorities, the investor shall submit an application directly or by post or via the online public service system to Vietnam Maritime Administration.
Vietnam Maritime Administration shall receive the application and, if the received application is invalid, provide guidelines for completion of the application as prescribed in Decree 58/2017/ND-CP within 02 working days upon its receipt of the application. If the application is valid, within 05 working days from the receipt of the application, Vietnam Maritime Administration shall issue a decision to put aids to navigation into operation. In case of refusal, a written response indicating reasons for its refusal shall be given.
Previously, the procedure for putting aids to navigation into use in Vietnam was prescribed in Decree 58/2017/ND-CP (amended in Decree 69/2022/ND-CP) as follows: (1) The investor shall, directly or by post or via the online public service system or in any other appropriate form, submit an application to Vietnam Maritime Administration. The application includes: - The application form made using Form No. 16 in the Appendix enclosed with Decree 58/2017/ND-CP; - The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the record of commissioning and transfer; - The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the contour map of obstacles found on the newly constructed navigational channel route that is carried out by a unit licensed to measure and survey. This unit shall assume the joint responsibility with the investor for legality of the survey documents; - The copy accompanied with its original for verification purpose or electronic copy or electronic copy from the master register or certified true electronic copy of the original of the notice to mariners about the establishment of new aids to navigation. (2) The Vietnam Maritime Administration shall receive the application. If the application is invalid, within 02 working days from the day on which such application is received, the Vietnam Maritime Administration shall provide guidance on the completion of the application as prescribed in Decree 58/2017/ND-CP. If the application is valid, within 05 working days from the day on which such application is received, the Vietnam Maritime Administration shall issue the decision to put aids to navigation into operation. In case of rejection, explanation shall be provided in writing. |
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