Circumstances of traffic restrictions on inland waterways in Vietnam

Circumstances of traffic restrictions on inland waterways in Vietnam (Internet image) 

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

1. Circumstances of traffic restrictions on inland waterways in Vietnam

According to Clause 1, Article 40 of Decree 08/2021/ND-CP, the cases of traffic restriction on inland waterways in Vietnam include:

- There are obstacles on the channel that obstruct traffic;

- Construction of works on channels, channel protection corridors, port waters, inland wharves, anchorages, and unmanaged waters, but there is a transport operation where there is a situation affecting traffic safety;

- Works on inland waterways that limit the announced channel rules;

- Activities of natural disaster prevention and control, rescue;

- Activities of ensuring national defense and security;

- Activities of rehearsals, sports, festivals, entertainment, vocational training practice, fairs, and craft villages.

2. Authority to announce traffic restrictions on inland waterways in Vietnam

The authority to announce traffic restrictions on inland waterways according to Clause 2, Article 40 of Decree 08/2021/ND-CP is as follows:

- Vietnam Inland Waterway Administration announces traffic restrictions for cases of ensuring national defense and security on national inland waterways, specialized inland waterways connected to national inland waterways, and water areas that have not been managed by an organization but have transport activities adjacent to the national channel protection corridor;

- Regional Sub-Department of Inland Waterways shall announce traffic restrictions for the cases specified in Section 1 on national inland waterways, specialized inland waterways connected to national inland waterways, and water areas that have not been managed by an organization but have transport activities adjacent to the national channel protection corridor, except for the case specified at Point a, Clause 2, Article 40 of Decree 08/2021/ND-CP;

- The Department of Transport shall announce traffic restrictions for the cases specified in Section 1 on local inland waterways, specialized inland waterways connected to local inland waterways, water areas that have not been managed by organizations but have transportation activities in the provinces, and centrally run cities, except for the water areas specified at Points a and b, Clause 2, Article 40 of Decree 08/2021/ND-CP;

- Port authorities announce traffic restrictions in port waters, inland waterways, and anchorage areas under their management.

3. Procedures for announcing restrictions on inland waterway traffic in Vietnam

Procedures for announcing restrictions on inland waterway traffic according to Clause 3, Article 40 of Decree 08/2021/ND-CP are as follows:

- Before constructing works or organizing activities on inland waterways, the investor, organization, or individual performing the work must organize activities to send a written request for announcement of restrictions on inland waterway traffic (specify location and time of construction restriction) and the plan to ensure traffic safety approved to the competent authority specified in Section 2;

- Within 5 working days, from the date of receipt of a complete dossier as prescribed, the competent agency specified in Section 2 shall issue a document announcing the restriction on inland waterway traffic and send it to the investor, organization, or individual;

- In case of unexpected obstacles; natural disaster prevention and control, rescue and rescue activities on inland waterways that limit the announced channel rules, competent agencies specified in Section 2, based on actual requirements, determine measures to ensure traffic safety and announce restrictions on inland waterway traffic.

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