Regulations on dredged material disposal sites within seaport water and inland water areas in Vietnam

Regulations on dredged material disposal sites within seaport water and inland water areas in Vietnam (Internet image) 

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

On May 20, 2024, at the request of the Minister of Transport; the Government issued Decree 57/2024/ND-CP on management of dredging operations within seaport water and inland water areas

Regulations on dredged material disposal sites within seaport water and inland water areas in Vietnam

Regulations on dredged material disposal sites within seaport water and inland water areas in Vietnam are as follows:

- Procedures for announcing onshore disposal sites

+ Every year, the Provincial People's Committee shall post information about the need to find disposal sites in the province on their website and at their headquarters.

+ The disposal site supplier shall send an application for disposal of dredged materials to the Provincial People's Committee in person, by post, or via the online public service system. The application includes: An application for disposal of dredged materials using the form specified in Appendix I to Decree 57/2024/ND-CP, a certified copy or an electronic copy certified from the original certificate of land use rights or documents permitting the use of land from competent authorities;

+ Within 30 days of receiving a complete application as prescribed in Point b of this Clause, the provincial People's Committee shall respond in writing to the applicant if they are qualified to dispose of dredged materials;

+ The Provincial People's Committee shall synthesize, list, and announce disposal sites, including sites proposed by entities and sites on state-managed land qualified to dispose of dredged materials. This announcement must be issued as a Decision and publicly posted on the website and at the headquarters of the Provincial People's Committee using the form specified in Appendix II issued with Decree 57/2024/ND-CP.

- Announcement of offshore disposal sites

The Provincial People's Committee shall make, announce, and publicly post the list of offshore disposal sites (including sea areas beyond 06 nautical miles) on the website and at the headquarters of the Provincial People's Committee using the form specified in Appendix II issued with Decree 57/2024/ND-CP.

- Procedures for approving onshore and offshore disposal sites

+ Based on the list of onshore and offshore disposal sites announced by the Provincial People's Committee, the project owner shall send an application for approval for the disposal sites of their project or work to the Provincial People's Committee in person, by post, or via the online public service system. If the Provincial People's Committee has not announced such a list or the announced disposal site chosen by the project owner does not meet the economic and technical requirements of the project or work, the Provincial People's Committee shall approve another disposal site proposed by the project owner.

+ Within duration of 30 working days, the Provincial People’s Committee shall send an approval for a given onshore or offshore disposal site to the project owner; in case of rejection, the Provincial People’s Committee shall send an explanation in writing.

+ The Provincial People's Committee shall send a notice to the disposal site supplier.

- For approval for disposal sites for emergency dredging projects/works: Upon receiving an application from the project owner, within 3 working days, the Provincial People’s Committee shall send a response if they approve a disposal site for that project/work.

(Article 7 of Decree 57/2024/ND-CP)

Nguyen Ngoc Que Anh

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