Which agency is the Inland Waterway Administration? What are the regulations on the scope of management of the Inland Waterway Administration in Vietnam? - Trung Nhan (Vung Tau, Vietnam)
Scope of management of the Inland Waterway Administration in Vietnam (Internet image)
1. Which agency is the Inland Waterway Administration?
According to Clause 1, Article 71 of the Law on Inland Waterway Navigation 2004 (amended 2014), the Inland Waterway Administration is the agency performing the specialized state management function on inland waterway transport at the port. Inland waterway wharves in order to ensure the observance of law provisions on order and safety of inland waterway navigation and prevention of environmental pollution.
2. Scope of management of the Inland Waterway Administration
2.1. The scope of management of the Inland Waterway Administration under the Vietnam Inland Waterway Administration Department
The scope of management of the Inland Waterway Administration under the Vietnam Inland Waterway Administration Department includes ports, wharves (except riverside passenger terminals), and anchorage areas that have been announced and licensed for operation, specifically as follows: after:
- Ports, wharves and anchorages on national inland waterways;
- Ports, wharves and anchorages on specialized inland waterways connected to national inland waterways;
- Ports, wharves, anchorage areas with medium land and water areas on national inland waterways and local inland waterways;
- Ports, wharves and anchorages in seaport waters connected to national inland waterways;
- Other ports, wharves and anchorages decided by the Ministry of Transport.
(Clause 1, Article 3 of Circular 18/2021/TT-BGTVT)
2.2. Scope of management of the Inland Waterway Administration under the specialized transport agency under the People's Committee of the province or city directly under the Central Government
Specifically, in Clause 2, Article 3 of Circular 18/2021/TT-BGTVT, the management scope of the Inland Waterway Administration is under the specialized transport agency under the People's Committees of the provinces and cities directly under the control of the Ministry of Transport. The central government includes ports, wharves (except river-crossing passenger wharfs), anchorage areas that have been announced and licensed for operation, specifically as follows:
- Ports, wharves and anchorages on local inland waterways;
- Ports, wharves and anchorages on specialized inland waterways connected to local inland waterways;
- Ports, wharves and anchorages in seaport waters connected to local inland waterways;
- Other ports, wharves and anchorages decided by the Ministry of Transport.
3. Duties and powers of the Inland Waterway Administration Authorities
According to Article 72 of the Law on Inland Waterway Navigation 2004 (amended 2014), the Inland Waterway Administration has the following duties and powers:
- To prescribe the berths of vessels and sea-going ships in the waters of inland waterway ports and landing stages.
- Inspect the compliance with regulations of law on safety, security and environmental protection of the vehicles, seagoing ships; check the certificate of professional skills or professional certificate of crewmen and vehicle operator; license the vehicles and seagoing ships out and into inland ports and wharves.
- Not permitting the vehicles and seagoing ships to go in and out of inland ports and wharves when the inland ports, wharves or vehicles and seagoing ships do not ensure the safety and security conditions or environmental protection or the inland ports, wharves are not eligible for operation under regulations of law.
- Managing the channels and routes as assigned by the Minister of Transport; inform the present conditions of channel and routes to the vehicles and seagoing ships.
- To inspect the safety conditions of docks, landing stages, channels, signals and other relevant facilities in the areas of inland waterway ports and landing stages; when detecting unsafe signs, to notify them to responsible organizations or individuals for timely handling.
- To supervise the operation and use of docks and landing stages in order to ensure safety; to request organizations and individuals operating inland waterway ports or landing stages to suspend the operation of docks or landing stages when deeming that such operation may affect the safety of people, vessels or facilities.
- To organize the search and rescue of people, cargoes, vessels and sea-going ships in distress in the waters of inland waterway ports or landing stages.
- To mobilize vessels, equipment and manpower in the areas of inland waterway ports or landing stages to participate in rescuing people, cargoes, vessels and sea-going ships in emergency cases and handle environmental pollution within the areas of inland waterway ports or landing stages.
- To participate in making written records and conclusions on the causes of accidents or incidents having happened in the areas of inland waterway ports or landing stages; to request the involved parties to remedy accident consequences.
- To sanction administrative violations, seize means; to collect charges and fees according to law provisions.
- To assume the prime responsibility for, and coordinate with other State management agencies at inland waterway ports or landing stages in, receiving foreign vessels and sea-going ships.
Thanh Rin