Thông tư 61/2024/TT-BGTVT sửa đổi Thông tư 18/2021/TT-BGTVT quy định về tổ chức và hoạt động của Cảng vụ đường thủy nội địa do Bộ trưởng Bộ Giao thông Vận tải ban hành

CIRCULAR

ON AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 18/2021/TT-BGTVT DATED SEPTEMBER 14, 2021 OF THE MINISTER OF TRANSPORT ON ORGANIZATION AND OPERATION OF INLAND WATERWAY AUTHORITIES

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004 and the Law on amendments to some articles of the Law on Inland Waterway Navigation dated June 27, 2014;

Pursuant to Decree No. 08/2021/ND-CP dated January 28. 2021 of the Government on management of inland waterway-related activities; Decree No. 54/2022/ND-CP dated August 22, 2022 of the Government 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 seafarers and operators of inland waterway vessels and Government’s Decree No. 08/2021/ND-CP dated January 28, 2021 prescribing management of inland waterway-related activities; Decree No. 06/2024/ND-CP dated April 25, 2024 of the Government on amendment to Decree No. 08/2021/ND-CP dated January 28, 2021 of the Government on management of inland waterway operations;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, responsibilities, jurisdiction and organizational structure of the Ministry of Transport;

At the request of the Director General of Department of Personnel and Organization and Director General of Vietnam Inland Waterways Administration;

The Minister of Transport promulgates this Circular on amendments to some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on organization and operation of inland waterway authorities.

Article 1. Amendments to some articles of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on organization and operation of inland waterway authorities

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“Article 2. Position and functions

1. Inland waterway authorities are responsible for state management of inland waterway transport in inland waterway ports and docks (hereinafter referred to as “ports, docks”), anchorages; on channels and routes as assigned by the Ministry of Transport to ensure compliance with the law on inland waterway traffic order and safety and environmental protection.

2. An inland waterway authority has juridical personality, its own headquarter and seals, and has its account opened at the Vietnam State Treasury and commercial banks in accordance with the law.”.

2. Amendments to some points and clauses of Article 3:

a) Amendments to point d clause 1:

“d) Ports, docks, anchorages in seaport waters as assigned by the Ministry of Transport.”.

b) Amendments to clause 2:

“2. The scope of management of the inland waterway authorities affiliated to the Departments of Transport (hereinafter referred to as “the Departments") of People’s Committees of provinces and central-affiliated cities include announced and licensed ports, docks (except for passenger ports), anchorages including:

a) Ports, docks, anchorages on local inland waterways;

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c) Ports, docks, anchorages in seaport waters of localities’ administrative divisions assigned by the Ministry of Transport;

d) Ports, docks, anchorages prescribed in clause 1 of this Article as decentralized by the Minister of Transport in accordance with the law.”.

3. Amendments to some clauses of Article 4:

a) Amendments to clauses 2, 3 and 4:

“2. Inspect the following aspects of the compliance with the laws regarding ports, docks, anchorages: safety, security and environmental protection of foreign vessels, seagoing ships, seaplanes and watercrafts; certificates of competency and professional certificates of seafarers and steersmen, and the crew registry; loading and unloading equipment, licenses/certificates of operators of loading and unloading equipment in accordance with the law.

3. Issue permits or shifting orders for foreign vessels, seagoing ships, seaplanes and watercrafts to enter or exit from ports, docks, anchorages in accordance with the law. Do not grant permits for foreign vessels, seagoing ships, seaplanes and watercrafts to enter or exit from ports, docks, anchorages if the ports, docks, anchorages, foreign vessels, seagoing ships, seaplanes and watercrafts do not meet requirements for safety, security and environmental protection, or the ports, docks, anchorages do not meet requirements for operation in accordance with the law.

4. Manage channels and routes as assigned by the Ministry of Transport; notify the situation of channels and routes to foreign vessels, seagoing ships, seaplanes and watercrafts.”.

b) Amendments to clauses 12 and 13:

“12. Confirm the reports on inland waterway issues in accordance with the law; implement decisions of the competent authorities on detention or release of detained ships in accordance with the law.

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4. Amendments to some points and clauses of Article 7:

a) Amendments to points b, c and d clause 1:

“b) Department of Finance - Accounting;

c) Department of Safety;

d) Department of Infrastructure Management.”.

b) Amendments to clause 2:

“2. Representatives of inland waterway authorities

An inland waterway authority may have one or some representatives.

A representative of an inland waterway authority is equivalent to a department performing state management of inland waterway transport in ports, docks, anchorages in accordance with the law. It is permissible to use its own seal in accordance with the law.

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The organization, restructuring, dissolution of representatives of inland waterway authorities shall comply with the law.”.

c) Amendments to clause 3:

“3. The Directors of the inland waterway authorities shall regulate functions, tasks, powers for professional departments; functions, tasks, powers, scope of management of representatives of inland waterway authorities in accordance with the law.”.

Article 2. Annulment of point dd clause 1 Article 3 of Circular No. 18/2021/TT-BGTVT dated September 14, 2021 of the Minister of Transport on organization and operation of inland waterway authorities

Article 3. Implementation clause

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

2. Chief of the Ministry Office; Chief Inspector of Ministry Inspectorate; Director Generals; Director General of Vietnam Inland Waterways Administration, Director General of Vietnam Maritime Administration; Directors of Departments of Transport; heads of authorities; relevant organizations and individuals are responsible for implementing this Circular./.

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