Tasks and powers of Vietnam Maritime Administration

Tasks and powers of Vietnam Maritime Administration (Internet image)

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

1. Position and functions of Vietnam Maritime Administration

- Vietnam Maritime Administration is an organization directly under the Ministry of Transport; that performs the function of advising and assisting the Minister of Transport (hereinafter abbreviated as Minister) in state management and organizing specialized maritime law enforcement throughout the country.

- Vietnam Maritime Administration has legal status, has a seal with the National Emblem, can open an account at the State Treasury, and is headquartered in Hanoi city.

- Vietnam Maritime Administration has a transaction name written in English: VIETNAM MARITIME ADMINISTRATION, abbreviated: VINAMARINE

(Article 1 of Decision 319/QD-BGTVT 2023)

2. Tasks and powers of Vietnam Maritime Administration

The tasks and powers of the Vietnam Maritime Administration are specified in Article 2 of Decision 319/QD-BGTVT in 2023, including:

(1) Preside over the development and submission to the Minister of law projects, ordinance projects, and draft legal documents on maritime; promulgate individual administrative documents and professional maritime guidance documents under the management authority of the Vietnam Maritime Administration.

(2) Preside over the development and submission to the Minister of strategies, planning, long-term, medium-term, and annual plans, national programs, and projects, development projects in the maritime sector nationwide.

(3) Preside over the development of national standards, national technical regulations, and specialized maritime economic-technical norms and submit them to the Minister for promulgation according to authority or request competent agencies to appraise and announce; Organize the development and publication of specialized maritime standards.

(4) Organize the implementation of legal documents, strategies, planning, plans, standards, technical regulations, and economic and technical norms in the maritime sector; regulate the application of standards, technical processes, and professional processes for organizations and units operating in the maritime field in accordance with maritime law and the management authority of the Vietnam Maritime Administration.

(5) Organize propaganda, dissemination, and education about maritime law.

(6) Regarding maritime infrastructure

- Organize the management and supervision of the implementation of planning and development plans for maritime infrastructure systems approved by competent authorities;

- Implement the rights and obligations of the agency assigned to manage, use, and exploit maritime infrastructure assets according to the provisions of law;

- Organize and implement the management and supervision of maintenance of maritime infrastructure; plan and estimate annual and medium-term (or planned period) costs for maritime infrastructure maintenance within the scope of management; submit to the Ministry of Transport for approval; and organize implementation according to the regulations of the Law.

(7) Regarding the organization and management of maritime activities at seaports, investment in the construction and exploitation of inland ports, water areas, ship repair, demolition, and new building facilities.

- Organize and manage maritime activities at seaports; invest in the construction and exploitation of inland ports according to the provisions of law;

- Submit to the Minister to announce the opening and closing of seaports and a list of ports; Announcement of opening, temporary suspension, closing of inland ports, list of inland ports; Announcing seaport waters, navigational channels, and management areas of the Maritime Port Authority;

- Submit to the Minister the decision to put the shipbreaking facility into operation or stop operating the shipbreaking facility;

- Preside over and coordinate with relevant agencies and organizations to prepare and submit to the Ministry of Transport for approval the content and plans for building, editing, and publishing nautical charts of seaport waters and navigational channels;

- Appraise and report to the Ministry of Transport on converting import and export goods clearance points into dry ports according to the provisions of law;

- Announce the opening and closing of ports, wharves, floating terminals, and water areas according to the provisions of law;

- Develop, publish, and update a directory of seaports and maritime channels.

(8) Regarding ships

- Organize the registration and issuance of documents related to the maritime activities of ships and other means according to the provisions of law;

- Announce ship navigation routes in mandatory maritime pilotage areas; decide to assign ship navigation routes or pilotage areas to maritime pilotage organizations; determine the minimum number of vehicles to transport and pick up pilots of each navigation route according to the provisions of law.

(9) Regarding maritime human resources

- Organize and implement training for seafarers, maritime pilots, port security officers, and other maritime human resources according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member;

- Organize and carry out crew registration; Issue and revoke crew books, professional certificates, and other documents related to crew members and other maritime human resources according to the provisions of the law;

- Announce the minimum number of pilots of each class for each navigation route in the mandatory maritime pilotage area;

- Implement new issuance, re-issuance, and revocation of the Maritime Labor Conformity Declaration part I, and the Certificate of Conformity on the recruitment and supply of seafarers according to the provisions of the law.

(10) Regarding shipping and maritime services

- Organize the implementation of state management tasks on maritime transport and maritime services according to the provisions of law;

- Manage water transport routes from shore to islands and between assigned islands;

- Organize the implementation of statistics, research, forecasting of maritime development, and assessment of maritime service quality;

- Approve the plan to ensure safety during the transportation of oversized and overweight goods in case the watercraft leaves the seaport; appraise and submit it to the Minister for the issuance of domestic transport licenses for ships of foreign nationality;

- Organize the implementation of load control and container safety inspection at seaports according to the provisions of law;

- Organize and monitor maritime service prices according to the provisions of law;

- Participate in resolving maritime disputes and complaints; organize confirmation of maritime protest submission according to the provisions of law.

(12) Regarding maritime safety and maritime security

- Organize and ensure maritime safety, maritime security, and maritime labor for ships and boats operating at seaports, maritime channels, and Vietnamese waters according to the provisions of law;

- Organize the declaration, investigation, statistics, and reporting of maritime occupational accidents according to the provisions of law;

- Organize the reporting, investigation, and handling of maritime accidents and violations of maritime safety and maritime security according to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member;

- Organize the implementation of natural disaster prevention and control; coordinate search and rescue at sea and in seaport waters according to the provisions of law;

- State management of maritime information systems, maritime signals, and other maritime support systems; Organize the provision of documents and information to ensure maritime safety and maritime security according to the provisions of the law;

- Organize security assessments and approve seaport security plans; issue certificates of seaport security officers according to the provisions of law;

- Organize the reception, processing, and transmission of maritime security information according to the provisions of law;

- Organize the publication and transmission of maritime notices according to the provisions of law;

- Organize approval of ship-to-ship oil transshipment plans on Vietnam's seas in accordance with the law.

(12) Regarding environmental protection in maritime activities

- Organize the prevention of environmental pollution in the maritime sector for ships operating at seaports, navigational channels, and Vietnamese waters according to the provisions of law;

- Organize the preparation and submission to competent authorities for approval of strategic environmental assessment reports for strategies, planning, plans and environmental impact assessment reports; sea dumping projects for investment projects to build maritime infrastructure assigned according to the decentralization or authorization of the Minister;

- Organize the implementation of programs, projects, schemes, planning, and plans on environmental protection in the construction, management, and maintenance of maritime infrastructure under the management of the Vietnam Maritime Administration;

- Guide, inspect, and supervise compliance with regulations on environmental protection in maritime activities according to the provisions of law;

- Develop and manage a network of specialized hydro-meteorological monitoring stations in the maritime sector according to the decentralization and authorization of the Minister;

- Preside over the development and implementation of programs, plans and tasks on climate change, developing green ports, green ships and reducing greenhouse gas emissions, green energy conversion, economical and efficient use of energy in the maritime sector.

(13) Regarding construction investment

- Carry out the duties and powers of the investment decision agency and investor for projects assigned to manage according to decentralization;

- Carry out tasks and powers of competent state agencies for investment projects in the maritime sector in the form of public-private partnerships as decentralized or authorized by the Minister;

- Carry out the duties and powers of specialized construction agencies for projects whose investment is decided by the Vietnam Maritime Administration and other projects as decentralized and authorized by the Minister;

- Organize and manage investment activities in the construction of maritime infrastructure and inland ports according to the provisions of the law.

(14) Regarding international cooperation

- Develop and submit to the Minister for approval international maritime cooperation programs and plans or for the Minister to submit to competent authorities for approval of proposals for signing or joining international maritime treaties; preside over the development and submission to the Minister of draft international agreements on maritime affairs;

- Participate in negotiations to submit to competent authorities for signing and joining international treaties and international maritime organizations;

- Preside over and coordinate with agencies to implement resolutions and decisions of the General Council, specialized committees of the International Maritime Organization (IMO), and other relevant international organizations according to their authority;

- Be Vietnam's national focal point in international maritime organizations in which Vietnam participates according to its authority; Standing agency of the Secretariat of the Vietnam International Maritime Organization;

- Be Vietnam's national focal point responsible for coordinating and participating in cooperative search and rescue activities at sea;

- Organize the implementation of approved international cooperation programs, international treaties, and international maritime cooperation according to decentralized management.

(15) Organize scientific research, development, transfer, and application of technology in the maritime field. Organize the development and implementation of information technology application programs, plans, schemes, and projects; Build and manage databases; ensure information services to serve state management to build an e-Government, orient the development of a digital Government in the maritime sector; and meet the needs of organizations and individuals participating in maritime activities.

(16) Organize task assignment, ordering, bidding, maintenance, and provision of public service products and services in the maritime field according to the provisions of law.

(17) Guide and create conditions for associations and non-governmental organizations to participate in activities in the maritime field.

(18) Regarding inspection and examination

- Carry out specialized maritime inspection functions for organizations and individuals in compliance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member; handle violations in maritime activities according to the provisions of law;

- Inspect, receive citizens, and resolve complaints, denunciations, feedback, and recommendations from organizations and citizens; prevent and combat corruption and negativity; practice thrift; combat waste; and handle violations of the law by organizations and individuals under the management authority of the Vietnam Maritime Administration.

(19) Develop and organize the implementation of the overall administrative reform program of the Vietnam Maritime Administration according to the objectives and content of the state administrative reform program of the Ministry of Transport.

(20) Management of organizational structure, payroll, civil servants, public employees, and workers; Implement salary regimes and other regimes, rewards, and disciplinary policies for civil servants, public employees, and workers under the management of the Vietnam Maritime Administration; Training and fostering civil servants, public employees, and workers under the Department's state management scope; Develop and submit to the Minister the organizational structure, job positions, and rank structure of civil servants and public employees of the Vietnam Maritime Administration.

(21) Regarding finances and public assets

- Manage finances, assets, and assigned budget sources according to the provisions of law; use funding from the State budget, maritime toll revenue, revenue from fees, charges, and other revenue sources according to the provisions of law; apply specific financial mechanisms according to regulations to carry out assigned tasks;

- Preside over the development of specialized maritime fees and charges; public service prices in the maritime sector; and service prices at seaports are prescribed by the State to be submitted to competent authorities for decision and promulgation according to the provisions of law.

(22) Perform other tasks and powers assigned by the Minister and according to the provisions of law.

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