Recently, the Ministry of Transport issued Circular 50/2014/TT-BGTVT on the management of inland waterway ports and berths.
Regulations on the procedure for approving the policy of inland wharf construction (Illustrative image)
Article 7 of Circular 50/2014/TT-BGTVT specifically stipulates the procedures for approving the policy of constructing inland wharfs as follows:
Authority for Resolution: The Department of Transport (GTVT) approves the policy of constructing inland wharfs and horizontal ferry wharfs within the administrative boundaries of the locality.
Form of Submission:The investor shall send 01 (one) set of application dossiers directly or via postal system or other appropriate forms to the Department of Transport.
Application Dossiers Include:
- Application form for approval of policy for constructing the inland wharf and the application form for approval of policy for constructing the horizontal ferry wharf;- Layout plan of the location and schematic layout of the wharf works, the water area in front of the wharf.
Resolution Timeframe:The Department of Transport receives, checks, and processes as follows:
- In cases of direct submission, if the dossier is complete, an acknowledgment receipt is issued and a result appointment is given according to the specified timeframe; if the dossier is incomplete as per regulations, it is immediately returned and the investor is guided to complete the dossier;- In cases of submission via the postal system or other appropriate forms, if the dossier is incomplete according to regulations, within 02 (two) working days from the date of receipt of the dossier, the Department of Transport shall issue a document requesting the investor to supplement and complete the dossier;- Within 05 (five) working days from the date of receipt of the dossier according to regulations, the Department of Transport shall issue a written approval for the construction of the inland wharf on local inland waterways, specialized inland waterways connecting to local inland waterways, and send it to the investor. In case of non-approval, a written response stating the reasons must be provided;- For wharfs on national inland waterways, specialized inland waterways connecting to national inland waterways, before issuing an approval document, the Department of Transport must consult the Inland Waterways Administration on the location and impact of the wharf on the channel and protection scope of other structures in the area. Within 02 (two) working days from the receipt of the official request from the Department of Transport along with the prescribed dossier, the Inland Waterways Administration shall issue a written response;- For inland wharfs within maritime port waters, before approving the policy for the construction of the inland wharf, the Department of Transport must consult the Regional Maritime Administration in writing. Within 02 (two) working days from the receipt of the official request from the Department of Transport, the Regional Maritime Administration shall issue a written response;- For horizontal ferry wharfs, before issuing an approval document, the Department of Transport must consult the Commune People's Committee where the construction of the wharf is proposed. Within 02 (two) working days from the receipt of the official request from the Department of Transport along with the prescribed dossier, the Commune People’s Committee shall issue a written response.
Validity of the Approval Document: The approval document for the policy to construct an inland wharf is valid for 12 months from the date of signing. If this period is exceeded and the investor still wishes to construct the wharf, they must undertake the procedures for approval of the policy of constructing the inland wharf again as stipulated in this Article.
Details can be found at Circular 50/2014/TT-BGTVT, effective from January 01, 2015.
Ty Na
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |