Thông tư 18/2025/TT-BXD quy định về tổ chức và hoạt động của Cảng vụ hàng hải, Cảng vụ đường thủy nội địa do Bộ trưởng Bộ Xây dựng ban hành

CIRCULAR

PROVIDING FOR ORGANIZATION AND OPERATION OF MARITIME ADMINISTRATIONS AND INLAND WATERWAYS ADMINISTRATIONS

Pursuant to the Vietnam Maritime Code dated November 25, 2015;

Pursuant to the Law on Inland Waterways Transport dated June 15, 2004 and Law on amendments to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to the National Assembly’s Resolution No. 190/2025/QH15 dated February 19, 2025 providing for handling of certain issues related to the arrangement of the state apparatus;

Pursuant to the Government’s Decree No. 58/2017/ND-CP elaborating some articles of the Vietnam Maritime Code on management of maritime operations; Government’s Decree No. 34/2025/ND-CP dated February 25, 2025 on amendments to some Articles of Decrees in maritime sector;

Pursuant to the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 providing for management of inland waterway-related activities; Government’s Decree No. 54/2022/ND- CP dated August 22, 2022 on amendments to some Articles of the Government’s Decree No. 78/2016/ND-CP dated July 01, 2016 on conditions for provision of training for crewmembers and operators of internal waterway vessels and the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 providing for management of inland waterways-related activities; Government’s Decree No. 06/2024/ND-CP dated January 25, 2024 on amendments to some Articles of the Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 providing for management of inland waterways-related activities;

Pursuant to the Government’s Decree No. 33/2025/ND-CP dated February 25, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

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The Minister of Construction hereby promulgates a Circular providing for organization and operation of maritime administrations and inland waterways administrations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Circular provides for organization and operation of maritime administrations and inland waterways administrations.

2. This Circular applies to agencies, organizations and individuals related to organization and operation of maritime administrations and inland waterways administrations.

Article 2. Principles of organization and operation

1. Organization and operation of maritime administrations and inland waterways administrations shall comply with regulations of the Vietnam Maritime Code, Law on Inland Waterway Transport, this Circular and other relevant regulations of law and treaties to which the Socialist Republic of Vietnam is a signatory.

2. Maritime administrations and inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration shall perform the task of state management of maritime affairs and inland waterways in one or more seaports, ports, inland landing stages, anchorage areas and assigned areas under their management.

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Chapter II

POSITION, FUNCTIONS, TASKS, POWERS AND SCOPE OF MANAGEMENT

Article 3. Position and functions

1. Each maritime administrations or inland waterways administration affiliated to the Vietnam Maritime and Waterway Administration is an administrative organization equivalent to a Sub-department, perform the task of state management of maritime affairs and inland waterways at seaports, ports, inland landing stages, anchorage areas and assigned areas under their management and is under direct leadership of the Director General of the Vietnam Maritime and Waterway Administration.

2. Each Department-affiliated administration is an agency which exercises the function of specialized state management of inland waterways with regard to ports, inland landing stages, anchorage areas and areas under its management assigned in the locality and is under direct leadership of the Director of the Department of Construction.

3. Each maritime administrations or inland waterways administration has juridical personality, its own headquarter and seals, and has its account opened at the State Treasury and credit institutions in accordance with the law.

5. The English business name of an inland waterways administration affiliated to the Vietnam Maritime and Waterway Administration is Inland Waterways Administration (region + a Roman numeral).

6. The English business name of a Department-affiliated administration affiliated to a Department is Inland Waterways Administration of … (name of the province or city).

Article 4. Scope of management

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2. The scope of management of maritime administration affiliated to the Vietnam Maritime and Waterway Administration and Department-affiliated administrations includes one or more of the following constituent scopes:

a) Ports, inland landing stages, anchorage areas on national inland waterways;

b) Ports, inland landing stages, anchorage areas on specialized inland waterways connected to national inland waterways;

c) Ports, inland landing stages, anchorage areas located at the intersection of national inland waterways and local inland waterways;

d) Ports, inland landing stages, anchorage areas on local inland waterways;

dd) Ports, inland landing stages, anchorage areas on specialized inland waterways connected to local inland waterways;

e) Navigational channels, routes and areas assigned by competent authorities.

3. The Minister of Construction or provincial People’s Committees (when power-decentralized) shall decide to announce the scope of management of each administration as prescribed in clause 2 of this Article.

Article 5. Tasks and powers of maritime administrations, inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration

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a) Participate in formulating legislative documents on maritime affairs and inland waterways;

b) Participate in formulating long-term, medium-term and annual strategies, planning, plans, national programs and projects, development schemes in the maritime and inland waterway sector;

c) Participate in formulating or recommend the Vietnam Maritime and Waterways Administration to formulate, request competent authorities to announce national standards, promulgate national technical regulations and techno-economic norms in the maritime and inland waterway sector;

d) Disseminate, popularize and organize the implementation of regulations related to the maritime and inland waterways field, maritime and inland waterways treaties to which the Socialist Republic of Vietnam is a signatory; strategies, planning, plans, programs, projects, schemes, standards, technical regulations and techno-economic norms in the maritime and inland waterway sector promulgated, announced or approved by competent authorities.

2. Regarding management of maritime and inland waterway operations and areas assigned for management:

a) Organize the implementation of regulations on management of maritime and inland waterway operations; inspect and supervise maritime and inland waterway operations of organizations and individuals within the scope of management;

b) License and supervise vessels and inland waterway ships entering, leaving and operating at seaports, ports, inland landing stages, anchorage areas and areas assigned for management according to regulations; do not allow ships and inland waterway ships to enter, leave and operate at seaports, ports, inland landing stages, anchorage areas and areas assigned for management when they do not meet the conditions concerning maritime safety, maritime security, maritime labor, fire and explosion prevention and environmental pollution prevention according to regulations of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory or ports, inland landing stages and anchorage areas that do not meet the conditions for operation according to regulations of law;

c) Confirm the filing of sea protests in accordance with law; implement competent authorities’ decisions on ship arrest and release of ships from arrest and decisions on temporary ship detention in accordance with regulations;

d) Organize cooperation in activities among relevant state management agencies;

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e) Organize inspection and supervision of the implementation of planning for seaports, ports, inland landing stages, anchorage areas within the scope of management according to regulations;

g) Inspect the satisfaction of conditions for seaport business as prescribed;

h) Announce notices to mariners as prescribed, announce restricted access within water areas of ports, inland landing stages and anchorage areas; agree to dredging activities in water areas of ports, inland landing stages and anchorage areas as prescribed;

i) Perform management of channels and routes as assigned by competent authorities according to regulations; notify the status of channels and routes to vehicles, ships, seaplanes, foreign watercraft.

3. Regarding transport

a) Manage sea transport as prescribed;

b) Inspect safety of containers at seaports in areas under their management; inspect and supervise the confirmation of gross weight of sea containers according to regulations;

c) Control vehicular weight; speed of vessels, inland waterway ships at seaports, ports, inland landing stages and anchorage areas;

d) Supervise maritime services as per regulations;

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4. Regarding maritime and waterway safety and security, fire and explosion prevention and fighting and environmental protection:

a) Preside over and cooperate with other specialized state management agencies at seaports and inland waterway ports receiving foreign watercraft and relevant agencies in approving seaport security assessments and issuing Certificates of Appraisal - Approval of Seaport Security Assessments; instruct enterprises in assessing security of seaports and inland waterway ports receiving foreign watercraft; inspect and supervise the implementation of approved security plans tailored for seaports and inland waterway ports receiving foreign watercraft; appraise dossiers and report appraisal results so as for the Vietnam Maritime and Waterway Administration to approve security assessments, security plans and issue security certificates to inland waterway ports receiving foreign watercraft, and annually confirm the security certificates for inland waterway ports;

b) Conduct state inspection of seaports for foreign ships, safety inspection of Vietnamese ships and inland waterway vehicles operating in seaport water areas and areas under their management;

c) Inspect the implementation of legal regulations within seaports, ports, inland landing stages and anchorage areas concerning safety, security, and environmental protection for vessels and inland waterway ships; certificates of competency, professional certificates of seafarers, vehicle drivers, and crew directory; cargo loading and unloading equipment, certificates of operators of cargo loading and unloading equipment according to regulations;

d) Investigate and handle under their authority maritime accidents, maritime occupational accidents, maritime accidents, maritime occupational accidents occurring outside port water areas and areas under their management when assigned by competent authorities as per regulations; participate in making records and concluding the causes of accidents and incidents occurring in water areas of ports, inland landing stages and anchorage areas; request relevant parties to remedy the consequences of accidents and incidents;

dd) Approve and organize supervision of the implementation of maritime safety assurance plans according to regulations; approve transport safety assurance plans for repair, renovation, upgradation and other activities within the scope of management;

e) Express their opinions on the licensing of aquaculture as prescribed;

g) Handle sunken property as prescribed;

h) Approve the establishment of maritime signals; inspect and supervise channels, maritime signaling systems and other maritime support systems;

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k) Provide guidance on, inspect and supervise compliance with environmental protection regulations in maritime and inland waterway operations as prescribed;

l) Perform related tasks related to regulations on oil spill response, inspect and supervise the implementation of oil spill response plans at seaports, ports, inland landing stages, anchorage areas and areas under their management, vessels and inland waterway vehicles as per regulations;

m) Perform related tasks related to fire and explosion prevention and fighting with regard to vessels and inland waterway ships operating within the scope of their management as per regulations;

n) Participate in formulating and implementing tasks according to programs and plans for development of green ports and green ships, reduction of greenhouse gas emissions, green energy transition and energy efficiency.

5. Regarding management of marine and inland waterway structures and other structures under their management:

a) Manage and maintain maritime and inland waterway infrastructure assets assigned for management in accordance with law;

b) Inspect and supervise the process of construction, operation, maintenance and protection of marine and inland waterway structures and other structures affecting maritime and inland waterway operations as prescribed by law;

c) Inspect the satisfaction of safety conditions for ports, landing stages, anchorage areas, dedicated channels into ports, landing stages, signals and other related structures during the operation under their management;

d) Clear obstacles on channels and channel protection corridors as prescribed by law;

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6. Organize ship registration, seafarer registration and issuance of documents related to ships and crew according to regulations.

7. Receive citizens, resolve complaints, denunciations, feedback and recommendations from organizations and citizens; prevent and combat corruption and misconduct, practice thrift and combat wastefulness; impose penalties for administrative violations and organize the implementation of decisions to impose penalties for administrative violations under their authority.

8. Update information on seaports, ports, inland landing stages, anchorage areas, vessels, inland waterway ships, cargo, passengers, and administrative violations to database as prescribed.

9. Organize the implementation of their administrative reform programs and plans according to the objectives and contents of the state administrative reform program as prescribed.

10. Manage the apparatus, payrolls, public officials, public employees and employees as per the law.

11. Declare, collect, pay, manage and use maritime and inland waterway fees and charges in accordance with law; use funding from the state budget in accordance with regulations; manage allocated finances and assets in accordance with law.

12. Directly contact relevant domestic and foreign organizations and individuals to perform assigned functions, tasks and powers as per the law.

13. Implement the statistical reporting regime as prescribed.

14. Perform other tasks and powers assigned by competent authorities as prescribed by law.

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1. Perform tasks in the field of inland waterways transport as prescribed in Article 5 of this Circular within the scope of their management.

2. Do not perform tasks in the maritime field.

Chapter III

ORGANIZATION OF MARITIME ADMINISTRATIONS AND INLAND WATERWAYS ADMINISTRATIONS

Article 7. Authority to establish, re-organize and dissolve maritime administrations and inland waterways administrations

1. The Minister of Construction shall decide the establishment, reorganization and dissolution of maritime administrations and inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration at the request of the Director General of the Vietnam Maritime and Waterway Administration.

2. People’s Committees of provinces and central-affiliated cities shall decide the establishment, reorganization and dissolution of Department-affiliated administrations as prescribed.

Article 8. Organizational structures of maritime administrations and inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration

1. Professional divisions of a maritime administration

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b) Financial Division;

c) Infrastructure Management Division;

d) Vessel Formality Division (at Maritime Administration of Quang Ninh, Hai Phong, Ho Chi Minh City);

dd) Maritime Safety and Security Division;

e) Vessel Traffic Division (at Maritime Administration of Hai Phong, Ho Chi Minh City).

2. Professional divisions of an inland waterways administration

a) Personnel and Administration Division;

b) Financial Division;

c) Safety Division;

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3. In the number of professional divisions of maritime administrations and inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration is less than the number of professional divisions specified in clauses 1 and 2 of this Article, the Director General of the Vietnam Maritime and Waterway Administration shall request the Minister of Construction to consider making a decision.

4. Representatives of maritime administrations and inland waterways administrations (hereinafter referred to as “Administration Representatives”)

a) Administration Representative is an organization equivalent to division affiliated to a sub-department and entitled to use a seal as prescribed. The establishment, re-organization and dissolution of the Administration Representative shall comply with regulations.

b) A maritime administration or inland waterways administration may have one or more Representatives. An Administration Representative may have one or more working offices.

5. Directors of maritime administrations and inland waterways administrations shall stipulate functions, tasks and powers of professional divisions; stipulate functions, tasks, powers and scope of management of Administration Representatives as prescribed.

Article 9. Leaders of maritime administrations and inland waterways administrations

1. Maritime administrations and inland waterways administrations affiliated to the Vietnam Maritime and Waterway Administration:

a) A maritime administrations or inland waterways administration has a Director as the head and is responsible to the Director General of the Vietnam Maritime and Waterway Administration and the law for its entire operations. Assisting the Director are Deputy Directors who are responsible to the Director and the law for the tasks assigned by the Director;

b) Directors of maritime administrations and Directors of inland waterways administrations shall be appointed and dismissed by the Director General of the Vietnam Maritime and Waterway Administration. Deputy Directors of maritime administrations and Deputy Directors of inland waterways administrations shall be appointed and dismissed by the Director General of the Vietnam Maritime and Waterway Administration at the request of the Directors of such maritime administrations.

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2. The appointment and dismissal of executive and managerial titles of Department-affiliated administrations shall be carried out according to the hierarchy of executive and managerial titles of provinces and central-affiliated cities.

Chapter IV

EFFECT

Article 10. Effect

1. This Circular comes into force from August 15, 2025.

2. The following Circulars are repealed:

a) Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport providing for organization and operation of inland waterways administrations;

b) Circular No. 61/2024/TT-BGTVT dated December 19, 2024 of the Minister of Transport on amendments to Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport providing for organization and operation of inland waterways administrations;

c) Circular No. 19/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport providing for organization and operation of maritime administrations;

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PP. THE MINISTER
THE DEPUTY MINISTER




Nguyen Xuan Sang