Decree No. 109/2014/ND-CP approving the Regulation on protection of seaport and navigable channel facilities

22 THE GOVERNMENT No. 109/2014/ND-CP OFFICIAL GAZETTE l ssut> nos 04-07/Novt>mber 2014 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, November 20, 2014 DECREE On the Regulation on protection of seaport and navigable channel facilities(*> Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the June 14, 2005 Maritime Code of Vietnam; Pursuant to the June 21, 2012 Law of the Sea of Vietnam; At the proposal of the Minister of Transport, The Government promulgates the Decree on the Regulation on protection of seaport and navigable channel facilities. Article 1. To promulgate together with this Decree the Regulation on protection of seapo1i and navigable channel facilities. Article 2. Effect 1. This Decree takes effect on Januaiy 5, 2015. 2. To annul the provisions on protection of seapo1t and navigable channel facilities of Section 5, Chapter II of the Government's Decree No. 21/2012/ND-CP of Mai·ch 21, 2012, on management of seaports and navigable channels. Article 3. Organization of implementation 1. The Minister of Transpo1i shall assume the prime responsibility for, and coordinate with related ministries, sectors and provincial-level People 's Committees in, organizing the implementation of this Decree. 2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chaiipersons of provincial-level People 's Committees shall implement this Decree. f'J Cong Bao Nos 1021-1022 (30/JJ/2014) On behalf of the Government Prime Minister NGUYEN TAN DUNG ©Vietnam Law and Legal Fornm lssut> nos 04-07/Novt>mbt>r 2014 OFFICIAL GAZETTE REGULATION ON PROTECTION OF SEAPORT AND NAVIGABLE CHANNEL FACILITIES (Promulgated together with the Government's Decree No. 10912014/ND-CP of November 20, 2014) Chapter I GENERAL PROVISIONS Article 1. Scope of regulation 23 This Regulation prescribes the protection of seaport and navigable channel facilities in Vietnamese seaport waters and sea areas. Article 2. Subjects of application This Regulation applies to agencies, organizations and individuals involved in the management and protection of seaport and navigable channel facilities in Vietnamese seaport waters and sea areas. Article 3. Interpretation of te1ms In this Regulation, the te1ms below are constmed as follows: 1. Seaport and navigable channel facilities include harbors, wharves, offshore oil and gas po1ts, buoy landing stages, navigable channels, maritime signs, maritime suppo1t systems, breakwater dikes, groins, sea cmTent direction embankments and bank revetments (below collectively refened to as maritime facilities), which are built or installed in Vietnamese seapo1t waters and sea areas. 2. Protection of maritime facilities covers activities to ensure safety and quality of maritime facilities; measures to prevent, stop and handle acts of encroaching upon these facilities, endangering people's lives and causing damage to property of the State and people. 3. Scope of protection of maritime facilities covers facilities and conidors for protection of facilities, overhead space, unde1water area and underground area which are related to the safety of facilities and maritime activities. Article 4. Prohibited acts in the protection of maritime facilities 1. Destroying, dismantling or stealing stmctures, accessories, supplies, building materials and other equipment of maritime facilities. 2. Breaking, moving without pe1mission or reducing the effect of maritime signs. 3. Blasting and detonating other explosives within seaports, seapo1t waters or navigable channels without pe1mission of competent state agencies. 4. Loading or storing flammables, explosives and hazardous substances, which can conode or damage maritime facilities, without pe1mission of competent state agencies. 5. Discharging wastes which damage or badly affect the durability and useful life of maritime facilities. 6. Illegally dredging navigable channels within the scope of protection of navigable channels and seapoit waters or dredging at variance with technical requirements accepted by competent agencies; supervising the dredging and dumping dredged mud at variance with regulations. ©Vietnam Law and Legal Fomm 24 OFFICIAL GAZETTE lssut> nos 04-07/Novt>mber 2014 7. Illegally building and operating seapo1i facilities and other facilities in areas detennined in approved seapo1i master plans, in navigable cham1els and within the scope of protection of maritime facilities; building works to reduce or negate the use of maritime facilities. 8. Fishing and exploiting marine resources in navigable channels and within the scope of protection of maritime facilities. 9. Encroaching upon the scope of protection of maritime facilities. 10. Obstructing the management, operation, use and protection of maritime facilities. 11. Operating vessels and other vehicles at variance with regulations, affecting the quality of maritime facilities. 12. Abusing positions and powers to act against regulations on protection of maritime facilities; tolerating or covering up persons who violate the law on protection of maritime facilities. 13. Other acts which affect safety in the management and operation of maritime facilities. 14. Other acts prohibited by law. Chapter II SCOPE OF PROTECTION OF MARITIME FACILITIES Article 5. Scope of protection of maritime facilities 1. The scope of protection of a harbor or wharf is measured from the oute1most edge of such facility to the outer limit of waters in front of it. 2 . The scope of protection of an offshore oil and gas po1i is delimited by a safety belt with a width of 500 meters from its oute1most point and the no-navigation and no-anchoring zone with a width of 2 nautical miles measured from the coordinates of such facility. 3. The scope of protection of a navigable channel is measured from the centl'al point of the navigable channel sign sinker to both sides of the channel according to technical regulations on navigable channels, specifically as follows: a/ At least 60 meters for a navigable channel with a width of over 210 meters and a navigable depth of over 20 meters at an estuaiy, at sea or an open bay enti·ance; a navigable channel with a width of over 230 meters and a navigable depth of over 17 meters in a river or an enclosed bay or a dug canal; b/ At least 50 meters for a navigable channel with a width of between 190 and 210 meters and a navigable depth of between 16 and 20 meters at an estuaiy, at sea or an open bay enti·ance; a navigable channel with a width of between 210 and 230 meters and a navigable depth of between 14 and 17 meters in a river or an enclosed bay or a dug canal; c/ At least 40 meters for a navigable channel with a width of between 140 and 190 meters and a navigable depth of between 14 and 16 meters at an estuaiy, at sea or an open bay enti·ance; a navigable channel with a width of between 150 and 210 meters and a navigable depth of between 12 and 14 meters in a river or an enclosed bay or a dug canal; d/ At least 30 meters for a navigable channel with a width of between 80 and 140 meters and a navigable depth of between 8 and 14 meters at an estua1y, at sea or an open bay enti·ance; ©Vietnam Law and Legal Fornm lssut> nos 04-07/Novt>mbt>r 2014 OFFICIAL GAZETTE 25 a navigable channel with a width of between 90 and 150 meters and a navigable depth of between 7 and 12 meters in a river or an enclosed bay or a dug canal; dd/ At least 20 meters for a navigable channel with a width of under 80 meters and a navigable depth of under 8 meters at an estuaiy, at sea or an open bay entrance; a navigable channel with a width of under 90 meters and a navigable depth of under 7 meters in a river or an enclosed bay or a dug canal. 4. The scope of protection of a regulation facility is specifically detennined as follows: a/ For a breakwater dike or groin, this scope is at least 20 meters, 200 meters or 25 meters from its foot to the navigable channel, the sea or the coastline, respectively; b/ For a coast protection embanlanent, this scope is at least 50 meters from its head to both sides; at least 20 meters from its foot to the channel; and at least 5 meters from its foot to the coastline, for residential ai·eas, urban centers and tourist sites; or at least 25 meters for other areas; c/ For another regulation embanlanent, this scope is at lea.st 50 meters from its foot outwards. 5. The scope of protection of a maritime sign is measured from the central point of the sign (lighthouse or floating sign sinker) outwards according to technical regulations on maritime signs, specifically as follows: al At least 50 meters for a lighthouse with a light beam range exceeding 20 nautical miles; bl At least 40 meters for a lighthouse with a light beam range of between 15 and 20 nautical miles; c/ At least 30 meters for a lighthouse with a light beain range of between 10 and 15 nautical miles; d/ At least 20 meters for other maritime signs. 6. The scope of protection of maritime facilities in overhead space ( cleai·ance height) and underground ai·ea shall be specifically detennined for ea.ch facility based on the master plan on development of seapo1is and navigable channels, technical regulations and relevant regulations. 7. When announcing the commissioning ofa mai·itime facility under Decree No. 21/2012/ ND-CP of March 21, 2012, on management of seaports and navigable channels, the competent agency shall make public the scope of protection of such facility. 8. For mai·itime facilities commissioned before the effective date of this Decree of which the scope of protection has not yet been announced, organizations and individuals that build, and manage the operation of, such facilities shall make and implement plans on protection of such facilities before December 31 , 2015, under this Regulation; and announce the scope of protection of mai·itime facilities under this Aliicle and technical regulations on protection of mai·itime facilities. Article 6. Detennination of the scope of protection of maritime facilities in some special cases 1. In case the scope of protection of a mai·itime facility is identical to that of a flood and sto1m prevention and control or dike protection work, relevant provisions of the law on flood and sto1m prevention and control and law on dikes shall be complied with. ©Vietnam Law and Legal Fomm 26 OFFICIAL GAZETTE l ssut> nos 04-07/Novt>mber 2014 2. In case the scope of protection of a navigable channel overlaps a road or railway safety conidor or exceeds the coastward natural edge of such corridor, the scope of protection of such navigable channel reaches the natural edge. 3. In case the scope of protection of a maritime facility overlaps an internal waterway safety conidor, the scope of protection of the navigable channel reaches such safety corridor. 4 . In case the scope of the protection conidor of a maritime facility overlaps the safety conidor of a road or railway bridge, aerial power line or cableway, relevant regulations on protection of safety conidors of bridges, power lines and cable lines shall be complied with. 5. In case the scope of protection of a navigable channel overlaps that of a harbor or wharf, the scope of protection of such navigable channel reaches the scope of protection of such harbor or wharf. 6. For a seapo1t for loading and unloading special cargoes or a regulation facility, the minimum safety conidor must comply with this Regulation, and the same time the safety distance must still comply with relevant regulations applicable to wharves for loading and unloading special cargoes or related regulation facilities. Article 7. Principles of protection of maritime facilities 1. The constrnction, management of operation, repair and protection of maritime facilities must comply with relevant regulations and technical regulations issued or announced by competent state agencies. 2 . When elaborating a master plan which is likely to affect maritime facilities, ministries, sectors and localities shall consult in writing the Ministry of Transpo1t. Within 5 working days, the Ministry of Transpo1t shall reply in writing. In case of refusal to accept the master plan, it shall clearly state the reason. Based on opinions of the Ministry ofTranspoit, ministries, sectors and localities shall direct and guide project owners, design and construction contractors and related organizations and individuals in complying with regulations on protection of maritime facilities under this Regulation and other relevant regulations. 3. An organization or individual that constrncts, and manages the operation of, a maritime facility shall work out a plan on protection of such facility which must have the following basic contents: a/ Detennination of the scope of protection of the maritime facility under this Regulation; bl Installation of maritime signs for the maritime facility; cl Manpower, contact address and telephone number for the protection of the maritime facility; d/ Vehicles and tools to serve the protection of the maritime facility; dd/ Plan on protection of the maritime facility and inspection and supervision measures of the facility owner or operation manager; el Remedies to be taken when a maritime damage or accident, an incident or a violation affecting the safety in the operation of the facility occurs; g/ Proposed principles, mechanism and method of coordination between the facility ©Vietnam Law and Legal Fornm lssut> nos 04-07/Novt>mbt>r 2014 OFFICIAL GAZETTE 27 owner or operation manager and the port authority as well as competent agencies in the area where the facility is located. Article 8. Supervision of the constmction of works affecting the protection of maritime facilities 1. The constmction of works must confonn to the master plan on development of seap01ts and other approved relevant master plans, regulations on protection of maritime facilities and assurance of maritime safety and security and prevent environmental pollution under this Regulation and other relevant regulations. 2. In the course of construction of works affecting the protection of maritime facilities, organizations and individuals that construct, and manage the operation of, such works shall comply with regulations on supervision of constmction of works in seaport waters, plans to ensure maritime safety and other provisions of this Regulation, the Government's Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and navigable channels, Decree No. 146/2013/ND-CP of October 30, 2013, on announcement of maritime routes and division of navigation routes in the Vietnamese teITitorial sea, and other relevant regulations. 3. The Ministry of Transport shall organize the management and supervision of the constmction of works crossing or affecting the scope of protection of maritime facilities. 4. Organizations and individuals that construct, and manage the operation of, maritime facilities shall comply with regulations on management of master plans, construction investinent, operation and maintenance of facilities in order to ensure their quality and safety throughout the course of operation. Article 9. Handling of incidents in the protection of maritime facilities 1. When detecting that maritime facilities are encroached upon or likely to become unsafe, owners and operation managers of such facilities or other persons shall immediately repo1t such to regional po1t authorities for promptly taking remedies. 2. When receiving repo1ted info1mation, directors of po1t authorities shall direct owners and operation managers of maritime facilities to immediately apply necessaiy measures to protect such facilities , minimizing damage to them; and at the same time, notify such to competent agencies and local administr·ations in localities where such maritime facilities are located for support and application of necessaiy measures to rescue people, handle incidents and violations and protect the facilities. 3. Owners or operation managers of mai·itime facilities shall strictly follow instructions of po1t authorities and competent agencies; apply measures to rescue people, handle incidents and prevent violations under plans on protection of facilities; put up necessaiy warning signs to ensure safety around their facilities; and promptly remedy consequences in order to early put their facilities to safe operation as soon as possible. 4. When detecting violations or receiving info1mation on encroachment upon or risks to the safety of maritime facilities , competent agencies and local administr·ations in localities where maritime facilities are located shall promptly coordinate with regional po1t authorities and owners or operation managers of such facilities in handling violations, rescuing people and dealing with incidents in accordance with law. ©Vietnam Law and Legal Fomm 28 OFFICIAL GAZETTE lssut> nos 04-07/Novt>mber 2014 Chapter III RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE MANAGEMENT AND PROTECTION OF MARITIME FACILITIES Article 10. Responsibility for state management of protection of maritime facilities 1. The Government shall peifonn the tmi:fied state management of protection of maritime facilities. 2. The Ministiy of Transport shall organize the state management of protection of maritime facilities. 3. Ministi-ies and provincial-level People 's Committees shall, within the ambit of their functions, tasks and powers, organize the state management of maritime facilities. Article 11. Responsibilities of the Ministiy ofTranspo1t 1. To revise and improve legal documents and technical regulations on protection of maritime facilities. 2. To direct related agencies and units in examining, supe1vising, inspecting and handling violations in the implementation of the law on protection of maritime facilities. 3. To guide the detennination of the scopes of protection of maritime facilities as requested by owners or operation managers of maritime facilities. 4. To disseminate regulations on protection of maritime facilities among organizations and individuals related to maritime activities at seapo1ts, and guide them in implementing these regulations. 5. To organize the application of info1mation technology to management works in order to create favorable conditions for the effective protection of maritime facilities. Article 12. Responsibilities of the Ministiy of Public Security and Ministiy of National Defense 1. To coordinate with the Ministiy of Finance in perfo1ming the state management of the protection of maritime facilities. 2. To direct and guide their forces in inspecting and handling violations in the protection of maritime facilities according to their competence. Article 13. Responsibilities of the Ministiy of Natural Resources and Environment 1. To coordinate with the Ministiy of Transpo1t in perfo1ming the state management of the protection of maritime facilities. 2. To assume the prime responsibility for, and coordinate with provincial-level People's Committees and the Ministiy ofTranspo1t in, guiding the planning and use of land, planning the use of sea areas and allocating sea areas for constiuction of seaports and navigable channels under the approved master plan on development of seapolis. Article 14. Responsibilities of other ministi-ies and ministerial-level agencies Other ministi-ies and ministerial-level agencies shall, within the ambit of their functions, tasks and powers, coordinate with the Ministiy ofTransp01t in pe1fo1ming the state management of the protection of maritime facilities. ©Vietnam Law and Legal Fornm l ssut> nos 04-07/Novt>mbt>r 2014 OFFICIAL GAZETTE 29 Article 15. Responsibilities of provincial-level People's Committees 1. To coordinate with the Ministiy of Transp01i in perfonning the state management of the protection of maritime facilities. 2. To organize and direct the dissemination of and education about the law on protection of maritime facilities in their localities. 3. To direct their attached agencies and units in coordinating with po1i authorities in protecting maritime facilities and promptly handling under regulations acts encroaching upon such facilities. Article 16. Responsibilities of owners and operation managers of maritime facilities 1. To make and implement plans on protection of maritime facilities under this Regulation. 2. To strictly observe regulations on protection and maintenance of maritime facilities in order to constantly guarantee quality of maritime facilities in a safe and n01m al operation state. 3. To coordinate with po1i authorities and functional agencies in investigating maritime accidents related to their maritime facilities in accordance with law. Article 17. Coordinated management in the protection of maritime facilities 1. While perfo1ming their duties, specialized state management agencies at seaports shall abide by law and refrain from causing troubles affecting the n01m al operation of maritime facilities. Port authorities shall assume the prime responsibility for, and coordinate operations of specialized state management agencies at seaports in, protecting maritime facilities. 2. Specialized state management agencies at seaports shall closely coordinate with one another in promptly handling violations or maritime incidents or accidents at maritime facilities. 3. Any problems arising in relation to functions and tasks of other specialized state management agencies should be promptly settled after these agencies consult and reach agreement with one another. In case no agreement can be reached, they shall promptly notify such to po1i authorities for settlement in accordance with law. Any problems that fall beyond the settling competence of a ce1iain specialized state management agency should be promptly repo1ied by such agency to its superior agency for prompt settlement. When necessa1y , related ministi·ies and sectors shall work with the Ministry of Finance in settling arising problems and notify their settlement decisions to concerned agencies, organizations and persons within 4 hom s after receiving repo1is on such problems. Article 18. Handling of violations in the protection of maritime facilities Violators of the law on protection of maritime facilities shall be handled and, if causing damage, pay compensations in accordance with law. On behalf of the Government Prime Minister NGUYEN TAN DUNG ©Vietnam Law and Legal Fomm