Vietnam: Promulgating rules for investment in construction of seaports and navigational channels

Regulated entities of Decree No. 58/2017/ND-CP are Vietnamese and foreign organizations, individuals or ships, specialized regulatory authorities involved in investment and construction, management and operation of seaports, navigational channels and management of maritime operations carried out within seaport waters and Vietnamese territorial waters.

Rules for investment in and construction and power to decide the guidelines for investment in seaports and navigational channels are specified in Decree No. 58/2017/ND-CP of Vietnam’s Government as follows:

One, Vietnamese and foreign organizations and individuals investing in and constructing seaports, ports, wharves, floating terminals, anchorages, transshipment areas and navigational channels shall comply with regulations of this Decree and relevant regulations of law.

Two, the investment in and construction of seaports, ports, wharves, floating terminals, anchorages, transshipment areas and navigational channels shall conform to the master plan for seaport system development and other relevant approved master plans; in the event a seaport or navigational channel project contravene the approved master plan for seaport system development, before executing such project, the investor must inform and be accepted by the authority that has the power to approve the master plan.

Three, the organizations and individuals investing in and constructing specialized seaports, ports, wharves, floating terminals, anchorages, transshipment areas and navigational channels shall invest in and construct seaport infrastructures, specialized navigational channels or dedicated waters unless the nearby current public navigational channel, pilot boarding area, phytosanitary inspection area or turning basin satisfies requirements for operations of ships at such specialized port.

Four, the decision on guidelines for investment in seaports, ports, wharves and navigational channels that is financed by funds for public investment shall be made in accordance with the Law on Public Investment.

Five, the decision on guidelines for investment in seaports, ports, wharves and navigational channels that is regulated in Clause 4 of this Article shall be made in accordance with the Law on Investment of Vietnam. The projects whose investment guidelines are decided by the President of the People’s Committee shall obtain the written consent of the Ministry of Transport.

Decree No. 58/2017/ND-CP of Vietnam’s Government takes effect from July 01, 2017; concurrently, annulling Decree No. 21/2012/NĐ-CP dated March 21, 2012 on management of seaports and navigational channels; Regulations on procedures for ships' entry, exit, arrival at and departure from seaports and operation within Vietnamese territorial waters which are specified in Articles 4, 5, 6, 7, 8, 9, 10, 12, 13, 14 and 16 of the Decision No. 34/2016/QD-TTg of the Prime Minister on e-procedures for ships’ arrival at and departure from seaports, inland waterway ports and offshore oil ports via the National single-window system.

Source: Finance Magazine

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