Procedures for redeclaration of the operation of inland ports in Vietnam (latest update)

Procedures for redeclaration of the operation of inland ports in Vietnam (latest update) (Internet image) 

On February 19, 2024, the Ministry of Transport issued Decision 161/QD-BGTVT on the announcement of amended inland waterway-related administrative procedures under the Ministry of Transport.

Procedures for redeclaration of the operation of inland ports in Vietnam (latest update)

(1) Procedure:

* Submit administrative procedure documents:

- Inland waterway ports must re-announce their operations in the following cases:

+ Changing the scale and functions of ports and inland wharves;

+ Changes in land and water areas of ports and inland wharves;

+ Change of port and inland wharf owners.

- Before putting the inland waterway port project into operation, the inland waterway port owner submits an application for a declaration of operation according to the following regulations:

+ For inland waterway ports receiving foreign waterway vessels: Submit the application to the Vietnam Inland Waterways Department (for inland waterway ports on national inland waterways, specialized inland waterways connecting to national inland waterways, inland waterway port with water area, land area both on national inland waterway and on local inland waterway, inland waterway port in seaport water area connected to national inland waterway) or the Department of Transport (for inland waterway ports on local inland waterways, specialized inland waterways connecting to local inland waterways, inland waterway ports in seaport waters connected to local inland waterways in provinces and centrally run cities) for appraisal.

+ For inland waterway ports that do not accept foreign waterway vessels: Submit the application to the Vietnam Inland Waterways Department. (for inland waterway ports on national inland waterways, specialized inland waterways connecting to national inland waterways, inland waterway ports that have a water area or land area both on a national inland waterway and on a local inland waterway, inland waterway ports in seaport waters connected to a national inland waterway, except in cases where inland ports receive foreign waterway vehicles and other cases decided by the Ministry of Transport) or the Department of Transport (for inland waterway ports on local inland waterways, specialized inland waterways connecting to local inland waterways, inland waterway ports in seaport waters connected to local inland waterways and inland waterway wharves in provinces and centrally run cities, except in cases where inland waterway ports receive foreign waterway vehicles and other cases decided by the Ministry of Transport).

* Resolving administrative procedures:

- In case of receiving the application directly, if the application is complete, a receipt will be issued and the results will be returned within the prescribed time limit; In case the dossier is not completed as prescribed, immediately return it and instruct the organization or individual to complete the dossier again; In the case of receiving documents through the postal system, through the online public service system, or in other appropriate forms, if the documents are not complete as prescribed, within 02 working days from the date of receiving the dossier, the receiving agency shall send a document to the organization or individual via the postal system, through the online public service system, or in other appropriate forms, clearly stating the reason and request to supplement and complete the dossier;

- For inland ports receiving foreign watercraft: within 05 working days from the date of receiving complete documents as prescribed, the Vietnam Inland Waterways Department and Department of Transport evaluate the application and, if eligible, report it to the Ministry of Transport. Within 05 working days from the date of receiving the complete documents and appraisal report, the Ministry of Transport issues a decision to announce inland port operations.

- For inland ports that do not receive foreign waterway vessels: within 05 working days from the date of receiving complete documents as prescribed, the Vietnam Inland Waterways Administration or the Department of Transport issues a decision to announce inland waterway port operations.

(2) Submission methods:

- Submit directly, via the postal system, via the online public service portal, or by other appropriate forms.

(3) Components and quantity of documents:

* Profile components:

- Application for redeclaration of operation of inland ports according to the form;

- Documents (for structural changes to inland ports):

+ Copy of the decision approving the project or technical design of the inland port project;

+ Minutes of acceptance of completed construction works and put them into use; As-built drawings of the site, vertical projection, and cross-section of the inland port project;

+ Minutes of acceptance of the results of searching for obstacles in port waters; minutes confirming the establishment of signals at the port;

+ Copy of the technical safety and environmental protection certificate of pontoons and mooring buoys subject to registration (if using pontoons as wharves);

+ Acceptance document on fire prevention and fighting from the competent authority according to regulations.

- A certified copy or a copy enclosed with the original to compare the document of the competent authority on the change of land or water area (in case of change of land or water area of an inland waterway port);

- A certified copy or a copy to present the original for comparison of documents proving the change of port or wharf owner (in case of change of inland waterway port owner).

(In case of submitting the application online, the application components are the original or electronic copy of the corresponding application components according to regulations).

* Number of documents: 01 set.

(4) Processing time limit:

- For inland waterway ports receiving foreign waterway vessels:

+ Time limit for dossier appraisal: Within 05 working days from the date of receipt of complete dossier as prescribed.

+ Time limit for issuance of announcement decision: Within 05 working days from the date of receipt of complete documents and appraisal report.

- For inland ports that do not accept foreign waterway vessels: within 05 working days from the date of receiving complete documents as prescribed,.

More details can be found in Decision 161/QD-BGTVT, taking effect on March 10, 2024.

Ho Quoc Tuan

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