Decision No. 133/2003/QD-TTg on the management of navigable channels

OFFICIAL GA7.F.TTI: No. 95 (18-7.2003) THE PRIME MINISTER DECISION No. 133/2003/QD-TTg OF JULY 4, 2003 ON THE MANAGEMENT OF NAVIGABLE CHANNELS THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Govemment; Pursuant to the July 12, 1990 Maritime Code of Vietnam; At the proposals of the Ministry of Communications and Transport (Official Dispatch No. 359/GTVT-KHDT oUanuary 2 8, 2003) and the Ministry of Justice (Official Dispatch No. 358/TPIHTQT of May 30, 2003), DECIDES: Chapter/ GENERAL PROVISIONS Article 1.- This Decislon prescrlbes the management of construction and investment as well as operation of navigable channels in and out of seaports, applicable to a!I subjects that deal in the exploitation of seaports in Vietnam, except for chan nets in and out of ports used exclusively for military purposes, which are managed by thr~ Ministry of Defense. Article 2,~ Interpretation of terms \ n this Decision, the folluwir 1g pl u <lses are co11st1 titid as follows: 1. «Navinable channels" mean HH:l limits of waters detem1ined by maritime. si91wling ,:yitem, includinf) ttw systrm of rn::iritirne ::iqnals tmrl H1pport worl<s, which ensure the safo opmc:llion of ships and boats, and are ,mnounced by compelr.nt agencies. 2. "Public naviyc1ble channels" rnean naviga61e channels invested and built by the State for public use. 3. "Special-use navigabl(~ channels" mean channels in and out of spocial.use ports which are invested and built by enterprises themselves for use for the exclusive purposes of such ports. 4. "Maritime signals" mean maritime works, including visible, sound and racJio signals, which are set up to guide the operation of ships and boats. Chapter/I MANAGEMENT OF NAVIGABLE CHANNELS Article 3.~ Contents and responsibilities of State management over navigable channels 1. Contents of State management over navigable channels: al To elaborate, approve and organize the implementation of planning and plans on development of navigable channels in line with the planning on development of Vietnam's seaport system; bl To efaborate and promuf~Jatc !egaf documents on management of navigable channels, and promulgate technical standards related to navigable channels; to nuide, inspect and examine the implementation of such regulations; cl To sign, accede to, and organize the implementation of, internatiom1I treaties related to navigable channels; di To prescribe technical norms on navigable channels for vse as a basis for assigning tasks to units to build and ret1(1Vi'ttf, n,wigablP dvmnf'.lls; el To announce the I ist of public navigable cha nne Is and speci.:11-•use navinable channels; ti To make n1,iritirne notices: g/ To r:oorcli n :.ite i 11 :,cH 1-r,h ; 111 ri 1·es1;ue on navigable OFFICIAL GAZf::Trl: chonnels; I 11 To protect the marine environment and maintain security and defense 2. The Ministry of Communications and Transport shall have to uniformly rnanarJe th<:, 11avi~Jable channels nationwide. 3. Vietnam National Maritime Bureau shall have to assist the Minister of Communications and Transport in performing the tasks of State management over navigable channels as prescribed in Clause 1 of this Article; direct the attached units to operate, exploit and renovate navigable cllannels strictly according to regulations. Article 4.~ Investment and construction of navigable channels 1. The investment and construction of navigable channels cover: a/ Construction of navigable channels' waters; b/ Construction of maritime signals; cl Construction of work items for protection of navigable channels; di Supply of other equipment and facilities in service of the maritime guarantee work. 2 Capital for investment and ccnstruction of public navigable channels shall be allocated from the State budget and mobilized from other capital sources. 3. Special-use navigable channels shall be invested and built by enterprises themselves. When transforming them into public channels, the State shall refund the invested capital to the investors. The Minfstry of Finance shall coordinate witl1 the Ministry of Communications and Transport in prescribing the order and modes for determining the channels' value when transforming special-use navigable channels into public n<Jvigc1blc chunnols. Article 5.- Man.,igemenl of investment and construction of navij;,,ible channel:; 1 T n e rn an a~1 e 111 on t of i 1wo i;tnw n t :rn d construction of naviguble cl1arnH,il~; must ensure the following regulations: a/ Projects on investment and construction of navigable channels must conform to the planning on channels' development ~111d be approved in writing by Vietnam National Maritime Bureau; b/ The investment deciding competence and order for the implementation of projects on investment and construction of navigable channels shall comply with the regulations on i nvcstrnent and construction management; c/ The construction of navigable channels must comply with the regulations on technical standards promulgated by competent agencies. 2. The opening and announcement of navigable channels shall be effected simultaneously with the announcement of the opening of ports. Article 6.~ Management of the operation of navigable channels 1. The management of the operation of navigable channels covers: a/ Maintenance of navigable channels as well as support works and equipment, ensuring safety for the operation of ships and boats; bl Management of the operation of maritime signals; c/ Maritime surveys and notification according to regulations. 2. The management of the operation of public navigable channels shall be effected by Vietnam Maritime Safety Guarantee Agency. 3. The management of the operation of special­ use navigable channels shall be effected by enterprises that invest in and build such special-use navigable channels according lo regulations. Article 7.- Charg0 collection and funds for the rnanagement of !ht; operation of navigabfe channels 1. r- unds for the man,,1nc1m,nt of the operation of public n,:wiqa blo CllcHI ncl:3 i;lrnll comply with the OfHCJAL GAZETTE No. 95 {"18-l--200'.3) (;urrent regulc1tions. 2. ~~unds for the management of the operation of 8pecial~use navigable channels shall be provided hy enterprises that operate such special--use navigable channels. 3. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Communications and Trar1sport in prescribing the collection, management and use of maritime guarantee charges. A rtic/e 8. - Management of the operation of spccia I­ use navigable channels Enterprises that manage special-use navigable channels shall have the following tasks: 1. To ensure that navigable channels fully meet the prescribed technical standards. 2. To make periodical reports on the conditions of navigable channels according to regulations. When there appear any changes in navigable channels as compared to the time of announcement, or when detecting obstacles on navigable channels, the enterprises must immediately notify such to Vietnam Maritime Safety Guarantee Agency for handling measures. Chapter/II IMPI..EMENTATION PROVISIONS Articfe 9.- Implementation effect This Decision takes implementation effect ·15 days after its publication in the Official C3azette. All previous stipulations contrary lo this Decision shall be no longer effective. Article 10, .. The ministers, the heads of the rninistericil levd d~Jenci1:.,s, the heads ot the agencier; t1ttac;hcd lu tho (1(lvcmment :1nd the presidr,nt::; of the f·\,opl,,''.; Cotrunittecs oftlie concerned provinces and centrally­ run citit:!S i;lmll have to implement this Decision. For the Prime Minister Deputy Prime Minister NGUYEN TAN DUNG