To amend regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023

To amend regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023
Tran Thanh Rin

What are the regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023? – Manh Duong (Khanh Hoa)

To amend regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023

To amend regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023 (Internet image)

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

On October 11, 2023, the Government issued Decree 74/2023/ND-CP amending and supplementing a number of articles of Decrees related to administrative procedures in the maritime field.

To amend regulations on procedures for granting permission for establishment of aids to navigation in Vietnam from November 27, 2023

Specifically, the Procedures for granting permission for establishment of aids to navigation will be regulated as follows:

(1) Documents and procedures for granting permission for establishment of aids to navigation, including:

- Application from an organization or individual according to Form No. 15 specified in the Appendix issued with Decree 58/2017/ND-CP;

- A copy with the original for comparison, or an electronic copy or an electronic copy from the original book, or a certified electronic copy from the original technical design of the aid to navigation;

- A copy with the original for comparison, an electronic copy of the original book, or a certified electronic copy of the original diagram and coordinates of the location of the navigational aids.

(2) For navigation aids located in seaport waters, organizations and individuals submit 01 set of documents directly, through the postal system or the online public service system, to the Maritime Port Authority.

The Maritime Port Authority receives the dossier. If the dossier is not valid, within 02 working days from receipt, the Maritime Port Authority will guide the completion of the dossier according to the provisions of Decree 58/2017/ND-CP.

If the dossier is valid, within 05 working days from the date of receiving it, the Port Authority will issue a written approval to establish navigational aids; In case of disapproval, a written response must be made clearly stating the reason.

- For navigation aids whose location is located outside the seaport waters, for navigation aid systems whose location is located simultaneously in the seaport waters and outside the seaport waters, or for a maritime signal system whose location is located simultaneously in many seaport waters under the management of maritime port authorities, organizations, and individuals shall submit 01 set of documents directly, via the postal system, or via the online public service system to the Vietnam Maritime Administration.

Vietnam Maritime Administration receives the application. If the application is not valid, within 02 working days from receipt of the application, the Vietnam Maritime Administration will guide you to complete the application according to the provisions of Decree 58/2017/ND-CP.

If the dossier is valid, within 05 working days from the date of receiving it, the Vietnam Maritime Administration will issue a written approval to establish navigational aids; In cases of disapproval, a written response must be made clearly stating the reason.

Currently according to Decree 58/2017/ND-CP (amended in Decree 69/2022/ND-CP), this procedure will be carried out as follows:

- The applicant (organization or individual) 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. 15 provided in the Appendix enclosed herewith;

+ 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 technical design of the the aids to navigation;

+ 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 chart showing coordinates of the aids to navigation.

-  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 grant a written permission to the establishment of aids to navigation. In case of rejection, explanation shall be provided in writing.

More details can be found in Decree 74/2023/ND-CP, taking effect on November 27, 2023.

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